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Home My WebLink About2021-07-06 Agenda Packet AGENDA City Council/Public Financing Authority Tuesday, July 6, 2021 Study Session / Closed Session – 4:00 PM Regular Meeting – 6:00 PM MAYOR AND CITY COUNCIL KIM CARR, Mayor BARBARA DELGLEIZE, Mayor Pro Tem DAN KALMICK, Councilmember NATALIE MOSER, Councilmember ERIK PETERSON, Councilmember MIKE POSEY, Councilmember Council Chambers 2000 Main Street Huntington Beach, CA 92648 --or-- Virtual via Zoom Webinar STAFF OLIVER CHI, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer On March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allows a local legislative body to hold public meetings via teleconferencing, and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. IN-PERSON PUBLIC PARTICIPATION/ZOOM ACCESS: Members wishing to attend the meeting in person are encouraged to wear a face covering unless fully vaccinated. Alternate ways to view City Council meetings live or on-demand remain: livestreamed on HBTV Channel 3 (replayed on Wednesday’s at 10:00 a.m., and Thursday’s at 6:00 p.m.); live and archived meetings for on- demand viewing accessed from https://huntingtonbeach.legistar.com/calendar; or, from any Roku or Apple device by downloading the Cablecast Screenweave App and searching for the City of Huntington Beach channel. PUBLIC COMMENTS: At 6:00 PM, individuals wishing to provide a comment on agendized or non-agendized items may do so in person by completing a Request to Speak delivered to the City Clerk, or from a virtual location by entering Zoom Webinar ID 971 5413 0528 via computer device, or by phone at (669) 900-6833. The Zoom Webinar can be accessed here: https://huntingtonbeach.zoom.us/j/97154130528. Those utilizing computer devices to request to speak may select the “Raise Hand” feature in the Webinar Controls section. Attendees entering the Webinar and requesting to speak by phone can enter *9 to enable the “Raise Hand” feature, followed by the *6 prompt that unmutes their handheld device microphone. Once the Mayor opens Public Comments, in-person attendees will be called to speak first. Speakers attending via Zoom will be provided a 15- minute window to raise their hands, and will be prompted to speak when the City Clerk announces their name or the last three digits of their phone number. All speakers are encouraged, but not required to identify themselves by name. Each individual may have up to 3 minutes to speak, but the Mayor, at her discretion, may reduce the time allowance if warranted by the volume of speakers. The Public Comment process will only be active during designated portions of the agenda (Public Comments and/or Public Hearing). After a virtual speaker concludes their comment, their microphone will be muted but they may remain in Webinar attendance for the duration of the meeting. 1 Members of the public unable to personally participate in the meeting but interested in communicating with the City Council on agenda-related items are encouraged to submit a written (supplemental) communication via email at SupplementalComm@Surfcity-hb.org, or City.Council@surfcity-hb.org. Supplemental Communications are public record, and if received by 2:00 PM on Tuesday, July 6, 2021, will be distributed to the City Council prior to consideration of agenda-related items, posted to the City website, and announced, but not read, at the meeting. Supplemental Communications received following the 2:00 PM deadline will be incorporated into the administrative record the following day. 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. 2 AGENDA July 6, 2021City Council/Public Financing Authority 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Peterson, Delgleize, Carr, Posey, Moser, Kalmick ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3-Minute Time Limit) - At approximately 4:00 PM, individuals wishing to provide a comment on item(s) scheduled for Study Session or Closed Session may do so either in person by filling out a Request to Speak form, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833 (see agenda cover sheet for request to speak instructions). Zoom Webinar participants wishing to speak will be provided a 15-minute window to “raise their hands,” and prompted to speak when the Clerk announces their name or the last three digits of their phone number. All speakers are encouraged, but not required to identify themselves by name. Speakers providing comments in person will be called to speak first, and each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. STUDY SESSION 21-5041.Middle Income Housing Opportunity in Huntington Beach RECESS TO CLOSED SESSION CLOSED SESSION 21-5052.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Gov. Code section 54956.9(d)(1).) Name of case: Gonzalez (Joshua) v. City of Huntington Beach, et al.; USDC Case No.: 8:18-cv-00953-DOC (DFMx). 21-5103.PUBLIC EMPLOYEE PERFORMANCE EVALUATION. (Paragraph (1) of subdivision (b) of Section 54957.) Name/Title: Oliver Chi, City Manager. 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING Page 1 of 5 3 AGENDA July 6, 2021City Council/Public Financing Authority ROLL CALL Peterson, Delgleize, Carr, Posey, Moser, Kalmick 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. 21-4514.Pat Goodman of the Self-Help Interfaith Program and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 21-4865.Mayor Carr to call on Victoria Alberty to present the “Adoptable Pet of the Month” 21-4016.Mayor Carr to proclaim July as National Parks and Recreation Month and present proclamation to Chris Slama, Director of Community and Library Services 21-4537.Mayor Carr to present the Mayor’s HB Excellence Award to Elisabeth Ferguson, Senior Accounting Technician, Finance Department 21-5098.Mayor Carr to present the “Making a Difference Award” to Robyne Wood of Robyne’s Nest, a non-profit organization that provides local at-risk and homeless high school students with resources and support to complete high school ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3-Minute Time Limit) – At approximately 6:00 PM, individuals wishing to provide a comment on agendized or non-agendized items may do so either in person by filling out a Request to Speak form, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833 (see agenda cover sheet for request to speak instructions). Zoom Webinar participants wishing to speak will be provided a 15-minute window to “raise their hands,” and prompted to speak when the Clerk announces their name or the last three digits of Page 2 of 5 4 AGENDA July 6, 2021City Council/Public Financing Authority their phone number. All speakers are encouraged, but not required to identify themselves by name. Speakers providing comments in person will be called to speak first, and each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT 21-5069.Recap of 4th of July Police Department Response Activities & Planned Operational Adjustments to Enhance Response Protocols CONSENT CALENDAR 21-48310.Approve and Adopt Minutes A) Approve and adopt the City Council/Public Financing Authority special meeting minutes dated June 10, 2021, as written and on file in the office of the City Clerk; and, B) Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated June 15, 2021 , as written and on file in the office of the City Clerk . Recommended Action: 21-50111.Consider positions on legislation pending before the State and Federal Legislature, as recommended by the Intergovernmental Relations Committee (IRC) Approve one or more City positions on the following State and Federal legislation: A) Support AB 571 (Mayes) - Impact Fees for Affordable Housing Units B) Oppose AB 215 (Chiu) - Relative Progress Determination for Housing Elements C) Support HR 2307 (Deutch) - Carbon Dividend Trust Fund Recommended Action: 21-51112.Approve appointment to the Mobile Home Advisory Board (MHAB) as recommended by City Council Liaisons Kim Carr and Mike Posey Approve the appointment of Chris Houser as an owner member of the MHAB , effective immediately through August 5, 2025. Recommended Action: Page 3 of 5 5 AGENDA July 6, 2021City Council/Public Financing Authority 21-46413.Approve and authorize execution of a contract agreement with All City Management Services (ACMS), Inc. for Crossing Guard Services Approve and authorize the Mayor and City Clerk to execute “Agreement Between the City of Huntington Beach and All Cities Management Services Inc. for Crossing Guard Services” for a three-year term beginning on June 30, 2021. Recommended Action: 21-48914.Approve and authorize execution of a new Cooperative Agreement between the Orange County Transportation Authority (OCTA) and the City of Huntington Beach for Senior Mobility Program (SMP) transportation services Approve and authorize the Mayor and City Clerk to execute “Cooperative Agreement Between the Orange County Transportation Authority and the City of Huntington Beach for Senior Mobility Program.” Recommended Action: 21-49415.Approve and authorize execution of an Amendment to the Service Agreement between the City of Huntington Beach and MacKay Meters, Inc., for purchase of additional Single/Double Space Parking Meters A) Approve the purchase of two one-space and 22 two-space MacKay parking meters; and, B) Approve and authorize the Mayor to execute the “Amendment for Addition of Single/Double-Space Parking Meters” to the Gateway/Hosting/Notification Service Agreement between the City of Huntington Beach and MacKay Meters, Inc. Recommended Action: 21-50216.Approve and authorize execution of Amendment No. 1 to an Agreement with Tripepi Smith and Associates for Cablecasting Services for City Council and Planning Commission Meetings Approve and authorize the Mayor and City Clerk to execute , “Amendment No. 1 to Agreement Between the City of Huntington Beach and Tripepi Smith and Associates for City Council and Planning Commission Cablecasting Services.” Recommended Action: ADMINISTRATIVE ITEMS Page 4 of 5 6 AGENDA July 6, 2021City Council/Public Financing Authority 21-49817.Approve the Artwork Design and Location for the Huntington Central Park Public Art Installation as approved by the Design Review Board (DRB) Approve the design and location for the Huntington Central Park Public Art installation, as approved by the Design Review Board on June 10, 2021 . Recommended Action: COUNCILMEMBER ITEMS 21-51218.Submitted by Councilmember Moser - Direction that staff begin work on developing Huntington Beach’s Sustainability Master Plan I recommend that the City Council vote to direct the City Manager to begin work on creating a Citywide Sustainability Master Plan, which should incorporate and prioritize protection of our local environment, advancement of our common economic interests, expansion of community health / wellbeing programs, and elevation of equity and inclusion efforts. Recommended Action: 21-51319.Submitted by Councilmember Posey - Direct staff to prepare the necessary documents to terminate Huntington Beach’s existing COVID-19 Local Emergency Declaration I recommend that the City Council vote to direct the City Manager to prepare for consideration the documents necessary to terminate Huntington Beach’s current COVID-19 local emergency declaration. Recommended Action: COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT A Special Meeting has been scheduled Friday, July 9, 2021 at 8:30 AM, and an Adjourned Special Meeting on Saturday, July 10, 2021 at 8:30 AM in the Civic Center Council Chambers The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, July 20, 2021, 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 5 of 5 7 City of Huntington Beach File #:21-504 MEETING DATE:7/6/2021 Middle Income Housing Opportunity in Huntington Beach City of Huntington Beach Printed on 6/30/2021Page 1 of 1 powered by Legistar™8 City of Huntington Beach File #:21-505 MEETING DATE:7/6/2021 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Gov. Code section 54956.9(d) (1).) Name of case: Gonzalez (Joshua) v. City of Huntington Beach, et al.; USDC Case No.: 8:18-cv-00953-DOC (DFMx). City of Huntington Beach Printed on 6/30/2021Page 1 of 1 powered by Legistar™9 City of Huntington Beach File #:21-510 MEETING DATE:7/6/2021 PUBLIC EMPLOYEE PERFORMANCE EVALUATION. (Paragraph (1) of subdivision (b) of Section 54957.) Name/Title: Oliver Chi, City Manager. City of Huntington Beach Printed on 6/30/2021Page 1 of 1 powered by Legistar™10 City of Huntington Beach File #:21-451 MEETING DATE:7/6/2021 Pat Goodman of the Self-Help Interfaith Program and member of the Greater Huntington Beach Interfaith Council City of Huntington Beach Printed on 6/30/2021Page 1 of 1 powered by Legistar™11 City of Huntington Beach File #:21-486 MEETING DATE:7/6/2021 Mayor Carr to call on Victoria Alberty to present the “Adoptable Pet of the Month” City of Huntington Beach Printed on 6/30/2021Page 1 of 1 powered by Legistar™12 City of Huntington Beach File #:21-401 MEETING DATE:7/6/2021 Mayor Carr to proclaim July as National Parks and Recreation Month and present proclamation to Chris Slama, Director of Community and Library Services City of Huntington Beach Printed on 6/30/2021Page 1 of 1 powered by Legistar™13 City of Huntington Beach File #:21-453 MEETING DATE:7/6/2021 Mayor Carr to present the Mayor’s HB Excellence Award to Elisabeth Ferguson, Senior Accounting Technician, Finance Department City of Huntington Beach Printed on 6/30/2021Page 1 of 1 powered by Legistar™14 City of Huntington Beach File #:21-509 MEETING DATE:7/6/2021 Mayor Carr to present the “Making a Difference Award” to Robyne Wood of Robyne’s Nest, a non-profit organization that provides local at-risk and homeless high school students with resources and support to complete high school City of Huntington Beach Printed on 6/30/2021Page 1 of 1 powered by Legistar™15 City of Huntington Beach File #:21-506 MEETING DATE:7/6/2021 Recap of 4th of July Police Department Response Activities & Planned Operational Adjustments to Enhance Response Protocols City of Huntington Beach Printed on 6/30/2021Page 1 of 1 powered by Legistar™16 City of Huntington Beach File #:21-483 MEETING DATE:7/6/2021 REQUEST FOR 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 special meeting minutes of June 10, 2021, and regular meeting minutes of June 15, 2021, require review and approval. Financial Impact: None. Recommended Action: A) Approve and adopt the City Council/Public Financing Authority special meeting minutes dated June 10, 2021, as written and on file in the office of the City Clerk; and, B) Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated June 15, 2021, as written and on file in the office of the City Clerk. 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. June 10, 2021 CC/PFA special meeting minutes City of Huntington Beach Printed on 6/30/2021Page 1 of 2 powered by Legistar™17 File #:21-483 MEETING DATE:7/6/2021 2. June 15, 2021 CC/PFA regular meeting minutes City of Huntington Beach Printed on 6/30/2021Page 2 of 2 powered by Legistar™18 Special Meeting Minutes City Council/Public Financing Authority City of Huntington Beach Thursday, June 10, 2021 6:00 PM - Council Chambers Virtual via Zoom Webinar Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 6:00 PM portion of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 6:00 PM — COUNCIL CHAMBERS CALLED TO ORDER — 6:00 PM ROLL CALL Present: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember Posey ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that received by her office following distribution of the Council Agenda packet: Administrative Items #1 (21-470) Twenty-eight (28) email communications received regarding the determination of a City Council vacancy appointment process. PUBLIC COMMENTS (3 Minute Time Limit) — 12 In-Person and 7 Call-In Speakers 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. Cari Swan was called to speak and shared her opinion that trust, doing the right thing, and restoring faith in local government will require City Council to honor the November 2020 election results by appointing the next runner-up, Gracey Van Der Mark, to the Council vacancy. (00:03:17) Kathy Carrick, a 47-year resident of Huntington Beach, was called to speak and stated her support for City Council honoring the November 2020 election results by appointing the next runner-up, Gracey Van Der Mark, to the Council vacancy. (00:05:46) Valentina Bankhead, a resident of Huntington Beach, was called to speak and stated her support for City Council honoring the November 2020 election results by appointing the next runner-up, Gracey Van Der Mark , to the City Council vacancy. (00:08:13) 19 Council/PFA Special Meeting June 10, 2021 Page 2 of 4 Maria Piccolo, a 20-year resident of Huntington Beach, was called to speak and stated her support for honoring the November 2020 election results by appointing the next runner-up, Gracey Van Der Mark, to the City Council vacancy. (00:09:37) Ceason Baker, a resident of Huntington Beach, was called to speak and stated her support for honoring the November 2020 election results by appointing the next runner-up, Gracey Van Der Mark, to the City Council vacancy. (00:12:18) Jenny Braithwaite, a 37-year resident of Huntington Beach, was called to speak and stated her support for Council to appoint any individual who is capable of representing every resident of the City of Huntington Beach. (00:14:10) Kathryn Levassiur was called to speak and encouraged Council’s thoughtful consideration for filling the vacant Council seat, suggesting perhaps an individual who does not necessarily have the connections or resources to run a campaign, or one who is capable of representing the City's minority residents. (00:16:19) Eric Silkenson, Huntington Beach Mobile Home Advisory Board Member, was called to speak and stated his support for Nancy Buchoz, a Council-appointed member of the Community Services Commission (CSC) who will soon leave the board due to Council vacancy. He described Nancy’s dedicated service, and asked that she be considered for future Council appointments. (00:17:36) Casey McKeon was called to speak and stated his support for honoring the November 2020 election results by appointing the next runner-up, Gracey Van Der Mark, to the City Council vacancy. (00:19:29) Heidi Vea was called to speak and stated her support for honoring Gracey Van Der Mark for the open City Council seat based on Ms. Van Der Mark's hours of volunteer public service related to informing parents about the local school curriculum. (00:21:53) Kainoa Vea, a Huntington Beach High School Senior and first-time voter last Fall, was called to speak and stated his support for honoring the November 2020 election results by appointing the next runner-up, Gracey Van Der Mark, to the City Council vacancy. (00:22:51) Caller #9499, Wendy Rincon, a 45-year resident of Huntington Beach, was called to speak and stated her support for appointing Oscar Rodriguez to the open City Council seat, as a proven advocate and representative of the Oak View community. (00:24:17) Autumn DiGiovanni, a life-long resident of Huntington Beach, was called to speak and stated her support for honoring the November 2020 election results by appointing the next runner-up, Gracey Van Der Mark, to the City Council vacancy. (00:25:31) Katie, a life-long resident of Huntington Beach, was called to speak and stated her support for appointing Oscar Rodriguez to the open City Council seat, and her opposition to seating Gracey Van Der Mark. (00:26:13) Bethany Webb was called to speak, and discussed her support for the democratic process, the Council’s authority to appoint a qualified candidate for the open Council seat, and the importance to consider former actions by November 2020 Council candidates Gracey Van Der Mark and Oscar Rodriguez. She closed by stating her support to appoint Oscar Rodriguez based on his proven actions to improve the community. (00:29:05) 20 Council/PFA Special Meeting June 10, 2021 Page 3 of 4 Caller #1454 was invited to speak and stated her support for appointing Oscar Rodriguez to the open City Council seat, as a proven advocate and representative of the Oak View community, and her opposition to seating Gracey Van Der Mark. (00:32:36) Laura Sire, a 50+ year resident of Huntington Beach and retired teacher, was called to speak and stated her support for appointing Oscar Rodriguez to the open City Council seat, as a proven advocate and representative of the Oak View community. (00:34:13) Gina Clayton-Tarvin, Ocean View School District Trustee and 30-year resident of Huntington Beach, was called to speak and stated her support for appointing Oscar Rodriguez to the open City Council seat, as a proven advocate and representative of not only the Oak View community but also all of the residents of Huntington Beach. (00:36:59) Rodrigo Garay was called to speak and stated his support for appointing Oscar Rodriguez to the open City Council seat to represent the City's cultural diversity. (00:39:40) Caller #3035 was called to speak but the connection was lost. (00:42:51) ADMINISTRATIVE ITEMS 1. 21-470 Determination of City Council Vacancy Appointment Process City Manager Oliver Chi presented a PowerPoint communication titled: Huntington Beach City Council – Determination of Council Vacancy Appointment Process, with slides entitled: City Council Vacancy Exists, Historical Precedent for Filing City Council Vacancies, Appointment Process Options, Suggested Appointment Process to Fill Current Vacancy, Applicable Would Be Made Available Online, and Questions. Councilmember Posey and City Manager Chi discussed details related to consolidating the City's election with Governor Newsom's recall election, and associated challenges due to timing. Mr. Chi stated that the actual cost of combining elections is unknown at this time, and that interviews would necessitate an Open Session so the public could view the process. Councilmember Moser and City Manager Chi discussed how the timeline for this process was determined, and City Manager Chi confirmed Council could choose to move more quickly if desired. Mayor Carr and City Manager Chi discussed that a paper version of the application will be available in the City Clerk's Office, and online applicants will receive a confirmation of application receipt by noon on Friday, June 11, 2021. Mayor Carr stated her support for closing the application process by 5:00 PM on Friday, June 18, 2021. Councilmember Peterson, City Manager Chi and City Clerk Estanislau discussed some of the details and challenges involved if the City chooses to consolidate with the Governor's recall election. Ms. Estanislau noted that a recall election date has not yet been determined, and further explained how it is not yet possible to determine the cost of consolidation as it depends upon how many local agencies take the same action and share costs. Ms. Estanislau also confirmed the Orange County Registrar of Voters $1M cost estimate for a standalone election. Councilmember Peterson expressed his concern that the vacancy is almost a complete term, and if Council decides not to appoint based on the results of the November 2020 election, he believes an election process is the prudent way to proceed. 21 Council/PFA Special Meeting June 10, 2021 Page 4 of 4 Councilmember Kalmick and Mayor Carr stated support for holding interviews June 25 – 27 if no more than twelve (12) applications are received; July 9-11 if greater than twelve (12). Councilmember Posey and City Manager Chi discussed the type of information required on the application, including a candidate statement, goals, and vision. Mayor Pro Tem Delgleize stated her support for Mayor Carr’s application timeline (6-11-21 through 6-19- 21), and dates associated with applicant interviews (<12 June 25-27; >12 July 9-11). A motion was made by Posey, second Carr to f inalize the City Council vacancy appointment process to include application submittals, introductory interviews, and final deliberation and selection by the City Council, as amended to set Friday, June 11 through Friday, June 18, at 5:00 PM (application available online or in the City Clerk's Office); interviews to be held June 25-27 (if no more than 12 applications received; or, July 9 – 11 if greater than 12). The motion as amended carried by the following vote: AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None ADJOURNMENT — 7:00 PM to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, June 15, 2021, 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 22 Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, June 15, 2021 4:00 PM - Council Chambers 6:00 PM - Council Chambers Virtual via Zoom Webinar 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: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick 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 #1 (21-463) PowerPoint communication entitled Parking & Outdoor Dining in a Post-Pandemic World submitted by Ursula Luna-Reynosa, Director of Community Development PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS — None STUDY SESSION 1. 21-463 Parking & Outdoor Dining in a Post Pandemic World City Manager Chi introduced Director of Community Development Ursula Luna-Reynosa who presented a PowerPoint communication titled Parking & Outdoor Dining in a Post-Pandemic World with slides entitled: March 15 H Item, Parking and Transportation, Every Parking System, Two Primary Patterns of Settlement in California, Conventional Post-1945 Design Approach, How are parking ratios determined?, Conventional Parking Requirements, Typical Office Parking, Form follows parking requirements, Cost to meet requirements using parking structures, How much revenue needed, Conventional Development, Mixed Use, Park Once District, Park Once Case Study - Palo Alto, Removing Minimum Parking - Examples, Parking is Local (2), HB Shared Parking Program Examples, Next Steps Short-Term, Next Steps Long-Term, and Questions. Councilmember Posey recognized the large amount of concrete lots with empty parking spaces in Huntington Beach, and he sees the need for more centralized and practical parking plans that consider 23 Council/PFA Regular Minutes June 15, 2021 Page 2 of 11 the current and expected change in modes of transportation such as Uber, Lyft, increased bicycle use and people walking in certain areas. Councilmember Posey and staff discussed ways to secure funding for parking consultants such as Southern California Association of Government (SCAG) grants. Councilmember Kalmick suggested using COVID-19 funds to speed up the study process, and stated support for allowing property owners options for best use of their parking space. There was discussion on how the Zoning Code could be amended with sufficient details, so that each situation would not require hiring a transportation consultant, would require notification to surrounding neighbors who would be affected, and keep the option for reciprocal agreements, including consideration for how parking requirements can change when business types change. Mayor Pro Tem Delgleize and staff discussed issues related to areas where residents and shoppers have different parking needs at different times of the day. Staff clarified that the Code cannot dictate options for private property owners, such as requiring that retail parking spaces be available for area residents after business hours; however, the Code does not prohibit a property owner from making such an agreement with residents who live within 250 feet of their property. Councilmember Peterson and Director Luna-Reynosa discussed changes in tenants does trigger a notification to the City through the Certificate of Occupancy process, and Councilmember Peterson stated that examples from cities that have multiple public transportation options should not be used for Huntington Beach because our area does not have good public transportation. Councilmember Peterson clarif ied that the Second Block Downtown will reopen after Labor Day when the Temporary Use Permit expires, and not remain closed until Council has the opportunity to consider Zoning Code changes. Councilmember Peterson reminded everyone that the Downtown area is within the Coastal Zone, and has unique regulations that must be considered. Councilmember Moser concurred with Councilmember Peterson regarding using cities with good public transportation options do not make good examples for Huntington Beach, and suggested environmental and sustainability measures be considered, and stated support for maintaining the Planning Commission appeal process in case reality differs from intention. Mayor Carr and Director Luna-Reynosa discussed lesser fees would be related to the administrative process for a shared parking program since that does not go through the Planning Commission, and noted that designing for outdoor dining in parking areas would be more problematic as it needs to be site-specific and provide basics while allowing for flexibility and creativity. Mayor Carr stated her support for developing a comprehensive Master Parking Plan utilizing SCAG grant funds, and including a shared parking program that includes an inexpensive appeal process. Councilmember Peterson shared his observation that in most cities bike accommodations are actually used only in certain areas even if available citywide, and he suggested that bike accommodations be considered only for the Downtown and beach areas of Huntington Beach. Councilmember Posey stated another issue that needs to be addressed looking forward is parking for housing units that are over-occupied, as well as planning for bike considerations in specific corridors. Mayor Carr thanked staff for the great presentation and confirmed with Director Luna-Reynosa that staff understands how Council would like to move forward. 24 Council/PFA Regular Minutes June 15, 2021 Page 3 of 11 RECESSED TO CLOSED SESSION FOR ITEMS 2 – 4 — 4:56 PM A motion was made by Posey, second by Moser to recess to Closed Session for Items 2 – 4. With no objections the motion passed. CLOSED SESSION 2. 21-462 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Gov. Code section 54956.9(d)(1).) Name of case: Rodriguez (Christian A.) v. City of Huntington Beach; Pamela Joyce Garrett; OCSC Case No.: 30-2020-01131129. 3. 21-466 THREAT TO PUBLIC SERVICES OR PUBLIC FACILITIES: Pursuant to Government Code Section 54957, Consultation with Julian Harvey, Acting Police Chief for the City of Huntington Beach Police Department. 4. 21-473 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Gov. Code section 54956.9(d)(1).) Name of case: Lathus (Shayna) v. City of Huntington Beach; USDC Case No.: 8:21-cv-00808-SB (DFMx). 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:01 PM ROLL CALL Present: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick Absent: None PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tem Delgleize. 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. 5. 21-450 Zarathushti Maneck Bhujwala of the Zoroastrian Community and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY — None AWARDS AND PRESENTATIONS 6. 21-469 Mayor Carr Received a Certificate of Recognition from Rick Rowe of Huntington Beach Hospital for the City’s Partnership on Mobile COVID-19 Vaccination Pods Mayor Carr introduced Patricia Cody, Chief Nursing Officer, and Rick Rowe, CEO, Huntington Beach Hospital, and shared some details of the cooperative partnership during COVID-19 that resulted in 3,200 vaccinations for underserved seniors and residents of the Oak View Community. Fire Chief Haberle echoed appreciation for the cooperative efforts of the Huntington Beach Fire Department, the City 25 Council/PFA Regular Minutes June 15, 2021 Page 4 of 11 Manager's Office, Councilmembers, and Huntington Beach Hospital staff to get as many people vaccinated as possible. Huntington Beach Hospital CEO Rowe thanked Battalion Chief Jeff Lopez for the amazing collaboration for the citizens of Huntington Beach, and presented Mayor Carr with a Certificate of Recognition. Battalion Fire Chief Jeff Lopez was acknowledged for designing the process, and presented with an engraved award that was accepted by Fire Chief Haberle on his behalf. Community and Library Services Director Chris Slama and his staff were also thanked for spending hours to set up vaccine appointments. 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 #8 (21-475) PowerPoint communication entitled DTBD Free Shuttle Service submitted by Sean Crumby, Director of Public Works. #9 (21-476) PowerPoint communication entitled DBFOM City Facility Upgrade Status Update submitted by Sean Crumby, Director of Public Works. Administrative Items #18 (21-477) PowerPoint communication entitled Consideration of Proposed Pilot Concert Program — Pacific Airshow submitted by Chris Slama, Director of Community & Library Services. PUBLIC COMMENTS (3-Minute Time Limit) — 6 In-Person and 5 Call-In Speakers 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. Avery Counts, Constituent Services Manager for Orange County 2nd District Supervisor Katrina Foley, and resident of Huntington Beach, was called to speak and congratulated newly appointed Mayor Pro Tem Delgleize; provided an update on the work that Supervisor Foley is doing for Huntington Beach, including representation at the recent Grand Opening & Ribbon Cutting for Restoration Pros; and described upcoming community events to support employers and job seekers including the Veterans Workforce Development Program. OC Supervisor Foley may be reached through avery.counts@ocgov.com or by calling 714-559-8364. (01:15:17) Amory Hanson, a Candidate for City Council in 2022 and Member of the Huntington Beach Historic Resources Board, was called to speak and stated his support for Consent Calendar Item #12 regarding reappointments to the Historic Resources Board (HRB), and thanked Councilmembers Peterson and Posey for their support. (01:17:03) Russell Neal, a resident of Huntington Beach, was called to speak and requested that Council respect the November 2020 election results and appoint the next Council Member runner-up, Gracey Van Der Mark, or hold a Special Election to fill the Council vacancy. (01:18:16) Laura Sire, a long-time resident of Huntington Beach and retired teacher, was called to speak and stated her support for appointing Oscar Rodriguez to the open City Council seat to acknowledge his long-time residency and community service. (01:20:02) Maureen was called to speak and stated her concerns related to City Attorney costs and the loss of the recent age discrimination lawsuit. (01:23:26) 26 Council/PFA Regular Minutes June 15, 2021 Page 5 of 11 Richard Kuo, a life-long resident of Huntington Beach, was called to speak and stated his support for appointing local business owner Dom Jones to the open City Council seat, to acknowledge someone who is passionate, competent, and leads from the heart. (01:24:56) Galen Pickett was invited to speak and expressed support for the recognition that David Gins recently received for his efforts on the successful installation of a Mobi-Mat, and stated his appreciation for Councilmember Posey's recent announcement regarding the use of modified male mosquitoes to help control local mosquito populations. (01:27:42) Caller Jerry Raburn was invited to speak and stated that June is Immigration Heritage Month, acknowledged Asian American residents in Orange County, stated his support for appointing Oscar Rodriguez to the open City Council seat, and announced that June 20th is World Refugee Day. (01:30:02) Caller #9462, Maggie, a resident of Huntington Beach, was invited to speak and stated her support for Council respecting the November 2020 election results and appointing the next Council Member runner- up, Gracey Van Der Mark, to the open Council seat. (01:32:59) Caller #1454 was invited to speak and stated support for following the City Charter by appointing the next Council Member to fill the current vacancy, and opposition to appointing Gracey Van Der Mark. (01:35:04) Caller YG was invited to speak and stated support for acknowledging November 2020 election results and appointing the next Council Member runner-up, Gracey Van Der Mark, to fill the open Council seat. (01:36:24) COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Posey thanked Public Speaker Galen Pickett for noting his Vector Control report on mosquito control, and stated he would provide more information on that program at the next City Council meeting; reported attending a meeting of the Orange County Power Authority (OCPA) where contracts were awarded for Schedule Coordinator and Power Supply Manager, and announced the OCPA Community Advisory Committee application process will soon close, in case anyone is interested in serving on that Committee. Mayor Pro Tem Delgleize reported attending the Huntington Beach Police Department Awards Ceremony, and presenting the Mayor's Proclamation to local artist Judith Hendler at the Special Closing Celebration for the 2021 Judith Hendler Design Challenge Exhibit at the Art Center. Councilmember Kalmick reported that Orange County Council of Governments (OCCOG) appointed him to the Southern California Association of Government (SCAG) Energy and Environmental Committee, and attending a meeting of the Orange County Transportation Authority (OCTA) Citizen Advisory Committee — Active Transportation Committee for an update on the 405 Freeway Bridge overpass projects. Councilmember Moser reported attending meetings of the Human Relations Task Force; Downtown Business Improvement District (DTBID); meeting with Mayor Pro Tem Delgleize to review on-going park and restroom changes, and applauded the many volunteers, Public Works and Community Service teams for going above and beyond to determine what is best and providing forward thinking solutions; 27 Council/PFA Regular Minutes June 15, 2021 Page 6 of 11 and commended the Huntington Beach Homeless Task Force and the Police Department for scheduling recent Park Walks and encouraging community interaction to discuss issues and solutions. Mayor Carr reported attending the Huntington Beach Police Department Employee Awards Ceremony; meetings of the National Water Research Institute; OC Sanitation Administration; Downtown Business Improvement District (DTBID); and League of California Cities Environmental Quality Board. 7. 21-474 Received and Filed City Council Liaison Appointment to the Economic Development and Intergovernmental Relations Committees A motion was made by Posey, second Kalmick to receive and file recommendation to appoint Mayor Pro Tem Delgleize as Council Liaison to the Economic Development Committee and Intergovernmental Relations Committee, effective June 15, 2021. The motion carried by the following vote: AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None CITY MANAGER’S REPORT 8. 21-475 Downtown Shuttle Service Launch City Manager Chi introduced Public Works Director Sean Crumby who presented a Power Point communication titled DTHB Free Shuttle Service with slides entitled: Polaris GEM E6 Vehicles, Program Cost, Circuit - Huntington Beach, and Program Benefits. Councilmember Kalmick confirmed with Director Crumby the service is free to use; noted that service provider Circuit will be using City-approved advertising to help defer some of their costs; and Air Quality Management District (AQMD) funds are available for the City's costs. Councilmember Delgleize and Director Crumby discussed service start date of July 12 with a Ribbon Cutting at Pier Plaza, and this pilot program will continue as long as funding is available and the service is being used. Director Crumby explained this is a demand-based service within the boundaries of Beach Boulevard, Goldenwest Street, Pacific Coast Highway (PCH) and Yorktown Avenue. Councilmember Posey and Director Crumby discussed the app, which is provided by Circuit, and confirmed the details will be widely distributed when it becomes available. Mayor Carr expressed concerns about not starting service before 10 AM, especially on Friday through Sunday for those who may want to get an earlier start for breakfast, and Director Crumby explained actual use data would be available for analysis to help determine if adjustments are needed for hours of service. Councilmember Moser stated she expects the service data will also be helpful in other planning efforts. 9. 21-476 Civic Center Project Update Public Works Director Crumby presented a PowerPoint communication titled DBFOM City Facility Upgrade Status Update with slides titled: DBFOM Option Presented For Council Review On March 15, DBFOM Project Model Overview, DBFOM Process Next Steps, and Questions? 28 Council/PFA Regular Minutes June 15, 2021 Page 7 of 11 Councilmember Peterson clarified with Director Crumby that on-going maintenance would be part of the Project Model. Councilmember Posey, Director Crumby, City Manager Chi and Fire Chief Haberle discussed considerations related to moving the Lake Street Fire Station to the Civic Center to ensure equal or better service times. Director Crumby stated that any specifics currently being discussed are not locked in, or approved, but are just discussion points at this time. CITY CLERK’S REPORT 10. 21-461 Presentation of Historic July 4 video clips archived through the California Revealed State Library Initiative City Clerk Robin Estanislau presented a PowerPoint slide titled City of Huntington Beach Archives Collection, to introduce this item and describe the successful grant applications by City Archivist Kathie Schey to digitize and archive reel-to-reel video tapes. The digitized films can be seen by searching "Huntington Beach" at https://californiarevealed.org. City Clerk Estanislau also shared the 2021 map showing where the non-profits, youth sports and high school groups are selling fireworks, and stated 4th of July related information is available at huntingtonbeachca.gov/fireworks. CONSENT CALENDAR 11. 21-457 Approved and Adopted Minutes A motion was made by Posey, second Peterson to approve and adopt the City Council/Public Financing Authority special meeting minutes dated June 1, 2021, as written and on file in the office of the City Clerk; and, approve and adopt the City Council/Public Financing Authority special meeting minutes dated June 2, 2021, as written and on file in the office of the City Clerk. The motion carried by the following vote: AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None 12. 21-471 Approved reappointments of Kathie Schey, Duane Wentworth, Amory Hanson, and Mark Zambrano to the Historic Resources Board (HRB) of Trustees, as recommended by Council Liaisons, Councilmembers Peterson and Posey A motion was made by Posey, second Peterson to approve the reappointments of Kathie Schey, Duane Wentworth, Amory Hanson, and Mark Zambrano for an additional term of the Historic Resources Board of Trustees, effective July 1, 2021, through June 30, 2025. The motion carried by the following vote: AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None 13. 21-455 Approved reappointments of George Rivera and Cindy Vellucci and appointment of Dianne Thompson to the Personnel Commission, as recommended by Council Liaisons, Mayor Carr and Councilmember Posey 29 Council/PFA Regular Minutes June 15, 2021 Page 8 of 11 A motion was made by Posey, second Peterson to approve the reappointments of George Rivera and Cindy Vellucci, and the appointment of Dianne Thompson to the Personnel Commission for the term of July 1, 2021, through June 30, 2023, as recommended by the Council Liaisons to the Personnel Commission. The motion carried by the following vote: AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None 14. 21-420 Adopted Resolution No. 2021-32 regarding the status and update of the Circulation Element and Mitigation Fee Program for the Measure M (M2) Program, and adopted a 7-Year Capital Improvement Program (CIP) for Fiscal Years 2021/22 through 2027/28 for compliance with renewed Measure M eligibility requirements A motion was made by Posey, second Peterson to adopt Resolution No. 2021-32, "A Resolution of the City Council of the City of Huntington Beach concerning the Status and Update of the Circulation Element, and Mitigation Fee Program for Measure M (M2) Program;" and, adopt the 7-Year Capital Improvement Program for Fiscal Years 2021/22 through 2027/28 to comply with renewed Measure M eligibility requirements (Attachment #5). The motion carried by the following vote: AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None 15. 21-433 Rejected Bids for the Peck and Springdale Facility Improvements Project CC-1590 A motion was made by Posey, second Peterson to reject all bids for the Peck and Springdale Facility Improvements Project CC-1590. The motion carried by the following vote: AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None 16. 21-448 Adopted Ordinance No. 4232 amending Huntington Beach Municipal Code Chapters 10.04 and 10.60 Relating to On-Street Parking Meter Zones Approved for introduction June 1, 2021 — Vote: 6–0–1 (Ortiz absent) A motion was made by Posey, second Peterson to adopt Ordinance No. 4232, "An Ordinance of the City of Huntington Beach Amending Chapters 10.04 and 10.60 of the Huntington Beach Municipal Code On- Street Parking Meter Zones." The motion carried by the following vote: AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None 17. 21-447 Adopted Ordinance No. 4233 amending Chapter 14.18 of the Huntington Beach Municipal Code Water Management Program Approved for introduction June 1, 2021 — Vote: 6–0–1 (Ortiz absent) 30 Council/PFA Regular Minutes June 15, 2021 Page 9 of 11 A motion was made by Posey, second Peterson to adopt Ordinance No. 4233, "An Ordinance of the City of Huntington Beach Amending Chapter 14.18 of the Huntington Beach Municipal Code Water Management Program." The motion carried by the following vote: AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None ADMINISTRATIVE ITEMS 18. 21-477 Approved as amended Pilot Concert Program in conjunction with the Pacific Airshow City Manager Chi introduced Community and Library Services Director Chris Slama and Police Chief Julian Harvey who jointly presented a Power Point communication titled Consideration of Proposed Pilot Concert Program — Pacific Airshow with slides entitled: Background, Current Live Entertainment Protocols, State Beach Concerts, City Council Direction, Staff Assessment To Date, Pilot Concert Program Option Identified, Event Permitting Consideration, Staff Recommendation, and Questions? Mayor Pro Tem Delgleize and Kevin Elliott, CEO of Code Four, discussed that a summer event such as the US open could expect beach crowds of approximately 20,000 to 30,000/day. City Manager Chi clarified that this item does not consider whether a second event is planned for Spring in addition to the Fall Air Show, nor does it discuss which company would manage it, but rather only considers adding a concert to the Air Show. The pilot concert if approved and successful may lead to the planning of future events and concerts. Chief Harvey clarified that allowing a group of 12,000 ticketed attendees will in reality see many more people in the area due to the openness and public space surrounding the concert site, and described a number of yet undetermined variables that will affect public safety response by Code Four and the HB Police Department. Councilmember Peterson and Chief Harvey discussed options and challenges with an open-air, outdoor concert. Councilmember Peterson stated support for the location of Pacific Coast Highway and Beach Boulevard. Councilmember Peterson and City Manager Chi discussed that Code Four will be billed the day of the event for all actual public safety costs, and the proposed $5 per ticket Administration fee is expected to cover pre-event hard costs. Councilmember Peterson stated his opinion that those hard costs should be known and billed for, rather than relying on a variable amount based on the number of tickets sold. Councilmember Posey also stated his concerns regarding the $5 surcharge fee, especially since the Air Show nets a high dollar amount to the City and this could appear to be double dipping. There is also a parking surcharge, and permit fees, so he has a hard time reconciling a $5 surcharge for this concert when compared to the US Open, which is free, but with comparable staff and security costs. City Manager Chi explained that Fee Schedule costs cover staff needed on event day, but not the months of required administrative pre-planning. The $5 fee per ticket was included in the proposal per previous City Council direction. City Manager Chi stated that if the fees collected actually exceed actual costs to the City, any overcharges would be refunded to Code Four, the vendor. 31 Council/PFA Regular Minutes June 15, 2021 Page 10 of 11 Councilmember Posey stated his change of heart to in fact support the $5 surcharge with the understanding this is a pilot effort, that accurate cost recovery methods will be documented, and a transparent accounting and reconciliation report will be provided within 60 days. City Manager Chi agreed that after the event there will be a full audit from operational, City-impact, and financial perspectives, and recognition of the significant outlay of resources for public safety. Mayor Carr stated her support for the minimal $5 fee which she sees as warranted for this type of event, and stated it is smart to start small with a pilot event that can be expanded if it is truly successful. She added that Code Four would definitely benefit from this experience when it comes time to bid on future events. Mayor Pro Tem Delgleize and Police Chief Harvey reviewed the challenges from the perspectives of public safety, traffic, and parking, especially in the Downtown area. Mayor Pro Tem Delgleize stated her support for what she anticipates would be a successful event, and the City's commitment to fiscal transparency. Councilmember Peterson stated for the record that he supports this item, except for Recommendation "D", because as presented there is no defined use for the $5 fee. Mayor Pro Tem Delgleize suggested the $5 fee might be described better, rather than defining as “Administration.” Councilmember Posey stated support for Mayor Carr's recognition that most live event ticket purchasers pay fees in addition to the ticket cost. He added that the plan has his full support, knowing the commitment on the City's part to provide a transparent accounting and reconciliation to ensure the taxpayers are made whole, without having to use any economic impacts. A motion was made by Carr, second Posey to authorize a one-time pilot concert program at the City Beach, to be embedded into the Air Show event on the evenings of October 1 and October 2, 2021; and, cap attendance for the concert at no more than 12,000 people per evening; and, direct that the event would be authorized at the City Beach located adjacent to Beach Boulevard / Pacific Coast Highway; and through the Special Event permitting process, direct that staff require the following: *Event organizer would have to provide a full event security plan vetted and approved by the Police Department; and, *Full general liability and ABC liability insurance coverage would be required; and, *Require direct payment for all City-provided services, including public safety costs, and institute a $5 per person charge to be paid by Code Four (the event promoter) to offset various indirect administrative costs, as amended to provide an accounting reconciliation within 60 days. The motion as amended carried by the following vote: AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None/Peterson on record as “No” on D), specifically to institute a $5 per person charge to be paid by Code Four (event promoter) to offset various indirect administrative costs. COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Posey reported participating in the recent Celebration of Life at Pier Plaza and paddle out for Daniel "Dano" Patton who passed away on December 25, 2020. He also reported he has an upcoming homeless ride-a-long with Officer Carsten. 32 Council/PFA Regular Minutes June 15, 2021 Page 11 of 11 Mayor Pro Tem Delgleize reported attending the Grand Opening and Ribbon Cutting for Restoration Pros, which recently relocated to Huntington Beach from Fountain Valley. Councilmember Moser reported attending the Special Surfers' Hall of Fame Ceremony to induct Casey Wheat at Main & PCH; serendipitously participated in a Girl Scout and Surf Rider beach clean-up; Oak View Clean-Up with Public Works, Code Enforcement, Fire, Community Services, and Republic Services staff; HBPD 2021 Department Awards event; release of Mallard ducklings rescued from a storm drain at HB Central Park West; HB Art Centre Foundation Special Closing Celebration for the 2021 Judith Hendler Design Challenge Exhibit at the Art Center; Bingo for Band Aids to benefit Wound Walk OC at Lutheran Church of the Resurrection; shared her intention to support community efforts addressing the mental health of youth as a result of the COVID-19 pandemic; announced an upcoming Pride Ride in Costa Mesa; and closed by expressing her appreciation for the civil and constructive relationships that Council members model for the community. Mayor Carr reported participating in the Special Surfers' Hall of Fame Ceremony to induct Casey Wheat at Main & PCH, and thanked Aaron Pai, Don Ramsey, Billie Webb, Ziggy Williams, Chris Moreno, Rick “Fig” Fignetti, and everyone else who made the ceremony so beautiful; attending the West Coast Board Riders competition which the Huntington Beach team won; HBPD 2021 Department Awards; and noted that Kiwanis of Huntington Beach donated books to Central Library in recognition of their 60th Anniversary in Huntington Beach, including a large leather bound book containing articles documenting their activities for the last 60 years. ADJOURNMENT — 8:07 PM to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, July 6, 2021, 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 33 City of Huntington Beach File #:21-501 MEETING DATE:7/6/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Travis K. Hopkins, Assistant City Manager Subject: Consider positions on legislation pending before the State and Federal Legislature, as recommended by the Intergovernmental Relations Committee (IRC) Statement of Issue: On June 16, 2021, the Intergovernmental Relations Committee (IRC), comprised of Mayor Kim Carr and Mayor Pro Tem Barbara Delgleize (with Council Member Mike Posey absent) discussed State and Federal issues with relevance to Huntington Beach. Following discussion, the IRC chose to take positions on certain proposed legislation, which are presented to the City Council for further consideration. Financial Impact: Not applicable. Recommended Action: Approve one or more City positions on the following State and Federal legislation: A) Support AB 571 (Mayes) - Impact Fees for Affordable Housing Units B) Oppose AB 215 (Chiu) - Relative Progress Determination for Housing Elements C) Support HR 2307 (Deutch) - Carbon Dividend Trust Fund Alternative Action(s): Do not approve one or more recommended legislative positions and direct staff accordingly. Analysis: On June 16, 2021, the IRC recommended positions on the following State and Federal legislation, which are being presented to the City Council for consideration: 1. SUPPORT - AB 571 (Mayes) - Impact Fees for Affordable Housing This bill prohibits a city or county from imposing affordable housing impact fees, including City of Huntington Beach Printed on 6/30/2021Page 1 of 2 powered by Legistar™34 File #:21-501 MEETING DATE:7/6/2021 This bill prohibits a city or county from imposing affordable housing impact fees, including inclusionary zoning fees or in-lieu fees, on a housing development’s affordable units. These types of fees may potentially affect the overall cost of a project, which may be passed along to the income restricted buyers or renters of these affordable housing units.The City does not impose these types of impact fees on affordable housing and is supportive of legislation that supports this position. 2. OPPOSE - AB 215 (Chiu) - Relative Progress Determination for Housing Elements This bill, starting with the 6 th housing element revision, would require the California Department of Housing and Community Development (HCD) to determine the relative progress toward meeting regional housing needs of each jurisdiction. The bill would require HCD to make this determination based on the information contained in the annual reports submitted by each jurisdiction.The IRC opposes this bill, which imposes new state mandates on local jurisdictions that experience “low progress” on housing production. These jurisdictions would be forced to consult with HCD and potentially adopt certain housing policies, without first determining if they are effective. 3.SUPPORT - HR 2307 (Deutch) - Energy Innovation and Carbon Dividend Act of 2021 This bill imposes a fee on the carbon content of fuels, including crude oil, natural gas, coal, or any other product derived from those fuels that will be used so as to emit greenhouse gases into the atmosphere. The fee is imposed on the producers or importers of the fuels and is equal to the greenhouse gas content of the fuel multiplied by the carbon fee rate. The rate begins at $15 per metric ton of CO2-e in 2021, increases by $10 each year, and is subject to further adjustments based on the progress in meeting specified emissions reduction targets. The fees must be deposited into a Carbon Dividend Trust Fund and used for administrative expenses and dividend payments to U.S. citizens or lawful residents. The fees must be decommissioned when emissions levels and monthly dividend payments fall below specified levels.The IRC supports this bill as it may help reduce the nation’s carbon footprint and support the City’s efforts towards green industries and environmental sustainability. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. AB 571 (Mayes) AB 215 (Chiu) 2. HR 2307 (Deutch) City of Huntington Beach Printed on 6/30/2021Page 2 of 2 powered by Legistar™35 1 Bill Summaries AB 215: Housing element: regional housing need: relative progress determination Summary • Requires jurisdictions with relatively low progress towards meeting their regional housing needs to have a mid-cycle housing element consultation with the Department of Housing and Community Development (HCD) and adopt pro -housing policies • These conditions apply if: o A City’s progress towards meeting its share of the regional housing need is less than its pro-rated share of the regional housing need; and o Either its relative progress for all housing or housing afforda ble to very low- and low-income housing is less than that of the jurisdiction's affiliated council of governments or subregion. • Should the above conditions apply, requires jurisdictions to attain a pro-housing designation from HCD as follows: o A jurisdiction would be required to unde rtake the consultation if its relative progress for all housing is at least 10 percentage points less than that of the jurisdiction's affiliated council of governments or subregion, as determined during the fifth year of the housing element planning period and upon completion of the housing element planning period . o The timing and process for attaining the pro -housing designation is as follows: ▪ HCD must notify jurisdictions by July 1 of their need to attain the pro- housing designation; ▪ Any jurisdiction receiving this notice must attain the pro -housing designation from HCD by July 1 of the following year. o If a jurisdiction does not comply with the timeline for receiving the pro -housing designation, HCD must find that their housing element does not substantially comply with Housing Element law. Support California Housing Consortium [SPONSOR] Bay Area Council Bridge Housing Corporation Calchamber California Association of Realtors California Yimby California Building Industry Association Chan Zuckerberg Initiative Greenbelt Alliance Habitat for Humanity California Hello Housing Housing Action Coalition Lisc San Diego Midpen Housing Modular Building Institute Non-profit Housing Association of Northern California Sand Hill Property Company Silicon Valley Community Foundation Silicon Valley Leadership Group Spur Sv@home Sv@home Action Fund The Two Hundred 36 AMENDED IN SENATE JUNE 23, 2021 AMENDED IN ASSEMBLY APRIL 5, 2021 california legislature—2021–22 regular session ASSEMBLY BILL No. 215 Introduced by Assembly Member Chiu January 11, 2021 An act to amend Section 65585 of, and to add Sections 65585.5 and 65589.10 to, the Government Code, relating to housing. legislative counsel’s digest AB 215, as amended, Chiu. Housing element: regional housing need: relative progress determination. (1) Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. That law requires the Department of Housing and Community Development to determine whether the housing element is in substantial compliance with specified provisions of that law. This bill, starting with the 6th housing element revision, would require the department to determine the relative progress toward meeting regional housing needs of each jurisdiction, council of governments, and subregion, as specified. The bill would require the department to make this determination based on the information contained in the annual reports submitted by each jurisdiction, as specified. The bill would require the department to make this determination for all housing and for lower income housing by dividing the applicable entity’s progress toward meeting its share of the regional housing need by its prorated share of the regional housing need, as specified. The bill would 97 37 require the department to post the determinations of relative progress on its internet website by July 1 of the year in which relative progress is determined. The bill would require a jurisdiction to undertake a midcycle housing element consultation with the department if the jurisdiction’s progress toward meeting its share of the regional housing need is less than its prorated share of the regional housing need and the relative progress of the jurisdiction for all housing or for lower income housing is less than the relative progress of the affiliated council of governments or subregion, as specified. The bill would require a jurisdiction to undertake specified actions, jurisdiction, in consultation with the department, as a part of this midcycle housing element consultation, including a review and update of the jurisdiction’s goals, policies, quantified objectives, financial resources, and scheduled programs. to review and update its scheduled programs and ensure that all programs have enforceable actions and concrete timelines. The bill would require the department to find that a housing element is not in substantial compliance with the Planning and Zoning Law if the department determines that the jurisdiction has not complied with these provisions. Because this bill would require certain jurisdictions to participate in a midcycle housing element consultation with the department, the bill imposes a state-mandated local program. (2) Existing law, for award cycles commencing after July 1, 2021, awards a city or county additional points in the scoring of specified program applications if the city or county, among other things, has been designated by the department as prohousing based upon its adoption of prohousing local policies for housing, as provided. Existing law defines “prohousing local policies” as policies that facilitate the planning, approval, or construction of housing, including, but not limited to, local financial incentives for housing, reduced parking requirements for sites that are zoned for residential development, and the adoption of zoning allowing for use by right for residential and mixed-use development. This bill, commencing with the 6th revision of the housing element, would require a jurisdiction to attain a prohousing designation by the department if the jurisdiction’s relative progress toward meeting its share of the regional or subregional housing need for all housing is at least 10 percentage points less than the relative progress of their affiliated council of governments or subregion, as determined pursuant to the provisions described above, as specified. 97 — 2 — AB 215 38 (3) The Planning and Zoning Law also requires the department to notify a city, county, or city and county, and authorizes the department to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to the housing element does not substantially comply with specified provisions of the Planning and Zoning Law, or that the local government has taken action or failed to act in violation of specified provisions of law. This bill would add the Housing Crisis Act of 2019 to those specified provisions of law. 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. The people of the State of California do enact as follows: line 1 SECTION 1. Section 65585 of the Government Code is line 2 amended to read: line 3 65585. (a) In the preparation of its housing element, each city line 4 and county shall consider the guidelines adopted by the department line 5 pursuant to Section 50459 of the Health and Safety Code. Those line 6 guidelines shall be advisory to each city or county in the line 7 preparation of its housing element. line 8 (b) (1) At least 90 days prior to adoption of its housing element, line 9 or at least 60 days prior to the adoption of an amendment to this line 10 element, the planning agency shall submit a draft element or draft line 11 amendment to the department. line 12 (2) The planning agency staff shall collect and compile the line 13 public comments regarding the housing element received by the line 14 city, county, or city and county, and provide these comments to line 15 each member of the legislative body before it adopts the housing line 16 element. line 17 (3) The department shall review the draft and report its written line 18 findings to the planning agency within 90 days of its receipt of the line 19 draft in the case of an adoption or within 60 days of its receipt in line 20 the case of a draft amendment. 97 AB 215 — 3 — 39 line 1 (c) In the preparation of its findings, the department may consult line 2 with any public agency, group, or person. The department shall line 3 receive and consider any written comments from any public line 4 agency, group, or person regarding the draft or adopted element line 5 or amendment under review. line 6 (d) In its written findings, the department shall determine line 7 whether the draft element or draft amendment substantially line 8 complies with this article. line 9 (e) Prior to the adoption of its draft element or draft amendment, line 10 the legislative body shall consider the findings made by the line 11 department. If the department’s findings are not available within line 12 the time limits set by this section, the legislative body may act line 13 without them. line 14 (f) If the department finds that the draft element or draft line 15 amendment does not substantially comply with this article, the line 16 legislative body shall take one of the following actions: line 17 (1) Change the draft element or draft amendment to substantially line 18 comply with this article. line 19 (2) Adopt the draft element or draft amendment without changes. line 20 The legislative body shall include in its resolution of adoption line 21 written findings which explain the reasons the legislative body line 22 believes that the draft element or draft amendment substantially line 23 complies with this article despite the findings of the department. line 24 (g) Promptly following the adoption of its element or line 25 amendment, the planning agency shall submit a copy to the line 26 department. line 27 (h) The department shall, within 90 days, review adopted line 28 housing elements or amendments and report its findings to the line 29 planning agency. line 30 (i) (1) (A) The department shall review any action or failure line 31 to act by the city, county, or city and county that it determines is line 32 inconsistent with an adopted housing element or Section 65583, line 33 including any failure to implement any program actions included line 34 in the housing element pursuant to Section 65583. The department line 35 shall issue written findings to the city, county, or city and county line 36 as to whether the action or failure to act substantially complies line 37 with this article, and provide a reasonable time no longer than 30 line 38 days for the city, county, or city and county to respond to the line 39 findings before taking any other action authorized by this section, line 40 including the action authorized by subparagraph (B). 97 — 4 — AB 215 40 line 1 (B) If the department finds that the action or failure to act by line 2 the city, county, or city and county does not substantially comply line 3 with this article, and if it has issued findings pursuant to this section line 4 that an amendment to the housing element substantially complies line 5 with this article, the department may revoke its findings until it line 6 determines that the city, county, or city and county has come into line 7 compliance with this article. line 8 (2) The department may consult with any local government, line 9 public agency, group, or person, and shall receive and consider line 10 any written comments from any public agency, group, or person, line 11 regarding the action or failure to act by the city, county, or city line 12 and county described in paragraph (1), in determining whether the line 13 housing element substantially complies with this article. line 14 (j) The department shall notify the city, county, or city and line 15 county and may notify the office of the Attorney General that the line 16 city, county, or city and county is in violation of state law if the line 17 department finds that the housing element or an amendment to this line 18 element, or any action or failure to act described in subdivision line 19 (i), does not substantially comply with this article or that any local line 20 government has taken an action in violation of the following: line 21 (1) Housing Accountability Act (Section 65589.5 of the line 22 Government Code). line 23 (2) Section 65863 of the Government Code. line 24 (3) Chapter 4.3 (commencing with Section 65915) of Division line 25 1 of Title 7 of the Government Code. line 26 (4) Section 65008 of the Government Code. line 27 (5) Housing Crisis Act of 2019 (Section 66300 of the line 28 Government Code). line 29 (k) Commencing July 1, 2019, prior to the Attorney General line 30 bringing any suit for a violation of the provisions identified in line 31 subdivision (j) related to housing element compliance and seeking line 32 remedies available pursuant to this subdivision, the department line 33 shall offer the jurisdiction the opportunity for two meetings in line 34 person or via telephone to discuss the violation, and shall provide line 35 the jurisdiction written findings regarding the violation. This line 36 paragraph does not affect any action filed prior to the effective line 37 date of this section. The requirements set forth in this subdivision line 38 do not apply to any suits brought for a violation or violations of line 39 paragraphs (1), (3), and (4) of subdivision (j). 97 AB 215 — 5 — 41 line 1 (l) In any action or special proceeding brought by the Attorney line 2 General relating to housing element compliance pursuant to a line 3 notice or referral under subdivision (j), the Attorney General may line 4 request, upon a finding of the court that the housing element does line 5 not substantially comply with the requirements of this article line 6 pursuant to this section, that the court issue an order or judgment line 7 directing the jurisdiction to bring its housing element into line 8 substantial compliance with the requirements of this article. The line 9 court shall retain jurisdiction to ensure that its order or judgment line 10 is carried out. If a court determines that the housing element of line 11 the jurisdiction substantially complies with this article, it shall line 12 have the same force and effect, for purposes of eligibility for any line 13 financial assistance that requires a housing element in substantial line 14 compliance and for purposes of any incentives provided under line 15 Section 65589.9, as a determination by the department that the line 16 housing element substantially complies with this article. line 17 (1) If the jurisdiction has not complied with the order or line 18 judgment after twelve months, the court shall conduct a status line 19 conference. Following the status conference, upon a determination line 20 that the jurisdiction failed to comply with the order or judgment line 21 compelling substantial compliance with the requirements of this line 22 article, the court shall impose fines on the jurisdiction, which shall line 23 be deposited into the Building Homes and Jobs Trust Fund. Any line 24 fine levied pursuant to this paragraph shall be in a minimum line 25 amount of ten thousand dollars ($10,000) per month, but shall not line 26 exceed one hundred thousand dollars ($100,000) per month, except line 27 as provided in paragraphs (2) and (3). In the event that the line 28 jurisdiction fails to pay fines imposed by the court in full and on line 29 time, the court may require the Controller to intercept any available line 30 state and local funds and direct such funds to the Building Homes line 31 and Jobs Trust Fund to correct the jurisdiction’s failure to pay. line 32 The intercept of the funds by the Controller for this purpose shall line 33 not violate any provision of the California Constitution. line 34 (2) If the jurisdiction has not complied with the order or line 35 judgment after three months following the imposition of fees line 36 described in paragraph (1), the court shall conduct a status line 37 conference. Following the status conference, if the court finds that line 38 the fees imposed pursuant to paragraph (1) are insufficient to bring line 39 the jurisdiction into compliance with the order or judgment, the line 40 court may multiply the fine determined pursuant to paragraph (1) 97 — 6 — AB 215 42 line 1 by a factor of three. In the event that the jurisdiction fails to pay line 2 fines imposed by the court in full and on time, the court may line 3 require the Controller to intercept any available state and local line 4 funds and direct such funds to the Building Homes and Jobs Trust line 5 Fund to correct the jurisdiction’s failure to pay. The intercept of line 6 the funds by the Controller for this purpose shall not violate any line 7 provision of the California Constitution. line 8 (3) If the jurisdiction has not complied with the order or line 9 judgment six months following the imposition of fees described line 10 in paragraph (1), the court shall conduct a status conference. Upon line 11 a determination that the jurisdiction failed to comply with the order line 12 or judgment, the court may impose the following: line 13 (A) If the court finds that the fees imposed pursuant to line 14 paragraphs (1) and (2) are insufficient to bring the jurisdiction into line 15 compliance with the order or judgment, the court may multiply line 16 the fine determined pursuant to paragraph (1) by a factor of six. line 17 In the event that the jurisdiction fails to pay fines imposed by the line 18 court in full and on time, the court may require the Controller to line 19 intercept any available state and local funds and direct such funds line 20 to the Building Homes and Jobs Trust Fund to correct the line 21 jurisdiction’s failure to pay. The intercept of the funds by the line 22 Controller for this purpose shall not violate any provision of the line 23 California Constitution. line 24 (B) The court may order remedies available pursuant to Section line 25 564 of the Code of Civil Procedure, under which the agent of the line 26 court may take all governmental actions necessary to bring the line 27 jurisdiction’s housing element into substantial compliance pursuant line 28 to this article in order to remedy identified deficiencies. The court line 29 shall determine whether the housing element of the jurisdiction line 30 substantially complies with this article and, once the court makes line 31 that determination, it shall have the same force and effect, for all line 32 purposes, as the department’s determination that the housing line 33 element substantially complies with this article. An agent appointed line 34 pursuant to this paragraph shall have expertise in planning in line 35 California. line 36 (4) This subdivision does not limit a court’s discretion to apply line 37 any and all remedies in an action or special proceeding for a line 38 violation of any law identified in subdivision (j). line 39 (m) In determining the application of the remedies available line 40 under subdivision (l), the court shall consider whether there are 97 AB 215 — 7 — 43 line 1 any mitigating circumstances delaying the jurisdiction from coming line 2 into compliance with state housing law. The court may consider line 3 whether a city, county, or city and county is making a good faith line 4 effort to come into substantial compliance or is facing substantial line 5 undue hardships. line 6 (n) The office of the Attorney General may seek all remedies line 7 available under law including those set forth in this section. line 8 SEC. 2. Section 65585.5 is added to the Government Code, to line 9 read: line 10 65585.5. (a) Commencing with the sixth revision of the line 11 housing element pursuant to Section 65588, the department shall line 12 determine the relative progress toward meeting regional housing line 13 needs subject to the following: line 14 (1) (A) The department shall determine relative progress toward line 15 meeting regional housing needs for all housing and lower income line 16 housing during the fifth year of the applicable planning period. line 17 (B) The department shall also determine relative progress toward line 18 meeting regional housing needs for all housing during the year line 19 after the completion of the jurisdiction’s planning period. The line 20 department’s determination of relative progress under this line 21 subparagraph shall be used to determine jurisdictions that must line 22 attain a prohousing designation pursuant to Section 65589.10 and line 23 shall not be the basis for a midcycle housing element consultation line 24 under subdivision (b). line 25 (2) The department shall make relative progress determinations line 26 based on the information contained in the annual reports submitted line 27 pursuant to Section 65400, and shall measure relative progress line 28 subject to the following: line 29 (A) For each jurisdiction: line 30 (i) Relative progress for all housing shall be measured by line 31 dividing the jurisdiction’s progress toward meeting its share of the line 32 regional housing need by its prorated share of the regional housing line 33 need, as determined pursuant to Section 65584. line 34 (ii) Relative progress for lower income housing shall be line 35 measured by dividing the jurisdiction’s progress toward meeting line 36 its share of the regional housing need for the very low and line 37 low-income categories by its prorated share of the regional housing line 38 need for very low and low-income households, as determined line 39 pursuant to Section 65584. line 40 (B) For each council of governments: 97 — 8 — AB 215 44 line 1 (i) Relative progress for all housing shall be measured by line 2 summing the progress of each of the council of governments’ line 3 member jurisdictions toward meeting their share of the regional line 4 housing need and dividing that sum by the prorated regional line 5 housing need, as determined pursuant to Section 65584.01. line 6 (ii) Relative progress for lower income housing shall be line 7 measured by summing the progress of each of the council of line 8 governments’ member jurisdictions toward meeting their share of line 9 the regional housing need for very low and low-income households line 10 and dividing that sum by the prorated regional housing need for line 11 very low and low-income households, as determined pursuant to line 12 Section 65584.01. line 13 (C) For each subregion: line 14 (i) Relative progress for all housing shall be measured by line 15 summing the progress of each of the subregion’s member line 16 jurisdictions toward meeting their share of the subregional housing line 17 need and dividing that sum by the prorated subregional housing line 18 need, as determined pursuant to Section 65584.03. line 19 (ii) Relative progress for lower income housing shall be line 20 measured by summing the progress of each of the subregion’s line 21 member jurisdictions toward meeting their share of the subregional line 22 housing need for very low and low-income households and dividing line 23 that sum by the prorated subregional housing need for very low line 24 and low-income households, as determined pursuant to Section line 25 65584.03. line 26 (3) This subdivision shall only apply to jurisdictions with an line 27 eight-year housing element planning period, pursuant to Section line 28 65588. line 29 (4) Determinations of relative progress shall be published on line 30 the department’s internet website by July 1 of the year in which line 31 relative progress is determined. line 32 (b) (1) A jurisdiction shall undertake a midcycle housing line 33 element consultation with the department if both of the following line 34 occur: line 35 (A) The jurisdiction’s progress toward meeting its share of the line 36 regional housing need is less than its prorated share of the regional line 37 housing need. line 38 (B) The jurisdiction meets one of the following: line 39 (i) The jurisdiction’s relative progress for all housing during line 40 the fifth year of the applicable planning period, pursuant to 97 AB 215 — 9 — 45 line 1 subdivision (a), is less than the relative progress for all housing of line 2 the jurisdiction’s affiliated council of governments or subregion. line 3 (ii) The jurisdiction’s relative progress for very low and line 4 low-income households during the fifth year of the applicable line 5 planning period, pursuant to subdivision (a), is less than the relative line 6 progress for very low and low-income households of the line 7 jurisdiction’s affiliated council of governments or subregion. line 8 (2) A jurisdiction required to conduct a midcycle housing line 9 element consultation pursuant to this subdivision shall, in line 10 coordination with the department, do all of the following: line 11 department and for any of the categories for which the jurisdiction line 12 is required to undertake a midcycle housing element consultation line 13 pursuant to paragraph (1), review and update, as necessary, all line 14 scheduled programs and ensure that all programs have enforceable line 15 actions and concrete timelines. line 16 (A) Review and update, as necessary, all goals, policies, line 17 quantified objectives, financial resources, and scheduled programs. line 18 (B) Ensure that all programs have enforceable actions and line 19 concrete timelines. line 20 (3) (A) By July 1 of the year in which the determination of line 21 relative progress has occurred pursuant to subdivision (a), the line 22 department shall notify each jurisdiction, in writing, of their need line 23 to comply with this subdivision. line 24 (B) A midcycle housing element consultation shall occur within line 25 six months of the jurisdiction receiving the notice pursuant to line 26 subparagraph (A). line 27 (C) Any revisions to the housing element required by the line 28 department during a midcycle housing element consultation must line 29 be completed within one year of the consultation. line 30 (4) The department may apply the requirements of this line 31 subdivision to any jurisdiction that fails to submit a substantially line 32 compliant annual report pursuant to the timelines and requirements line 33 of Section 65400. line 34 (5) If the department determines that a jurisdiction has not line 35 complied with the requirements of this subdivision, the department line 36 shall find that their housing element does not substantially comply line 37 with this article, pursuant to Section 65585. line 38 (c) The section shall not be construed to diminish or undermine line 39 the department’s enforcement authority granted elsewhere in line 40 statute or regulation. 97 — 10 — AB 215 46 line 1 SEC. 3. Section 65589.10 is added to the Government Code, line 2 to read: line 3 65589.10. (a) Commencing with the sixth revision of the line 4 housing element pursuant to Section 65588, any jurisdiction whose line 5 relative progress toward meeting its share of the regional or line 6 subregional housing need for all housing, as determined pursuant line 7 to paragraph (2) of subdivision (a) of Section 65585.5, is at least line 8 10 percentage points less than the relative progress of their line 9 affiliated council of governments or subregion shall be required line 10 to attain a prohousing designation by the department pursuant to line 11 subdivision (c) of Section 65589.9. line 12 (b) (1) The department shall determine whether a jurisdiction line 13 is required to attain a prohousing designation pursuant to line 14 subdivision (a) by July 1 of the year in which the determination line 15 of relative progress has occurred. line 16 (2) The department shall make a second determination of line 17 whether a jurisdiction is required to attain a prohousing designation line 18 pursuant to subdivision (a) by July 1 of the year after the line 19 completion of the jurisdiction’s planning period. line 20 (3) The department shall provide written notice to a jurisdiction line 21 that must attain a prohousing designation pursuant to subdivision line 22 (a) by July 1 of the year in which the determination is made. line 23 (4) A jurisdiction that receives written notice pursuant to line 24 paragraph (3) that does not already have a prohousing designation line 25 shall attain a prohousing designation by July 1 of the year after line 26 receiving the notice pursuant to paragraph (3). If the jurisdiction line 27 does not comply with this timeline, the department shall find that line 28 the jurisdiction’s housing element does not substantially comply line 29 with this article pursuant to Section 65585. line 30 (c) The department may apply the requirements of this section line 31 to any jurisdiction that fails to submit a substantially compliant line 32 annual report pursuant to the timelines and requirements of Section line 33 65400. line 34 SEC. 4. No reimbursement is required by this act pursuant to line 35 Section 6 of Article XIIIB of the California Constitution because line 36 a local agency or school district has the authority to levy service line 37 charges, fees, or assessments sufficient to pay for the program or 97 AB 215 — 11 — 47 line 1 level of service mandated by this act, within the meaning of Section line 2 17556 of the Government Code. O 97 — 12 — AB 215 48 2 TMG Partners Opposition California Cities for Local Control Catalysts California State Association of Count ies League of California Cities Mission Street Neighbors New Livable California Dba Livable California Riviera Homeowners Association Rural County Representatives of California Sustainable Tamalmonte Urban Counties of California Status Passed the Assembly and is currently in the Sen ate Rules Committee AB 571 (Mayes) – Planning and zoning: density bonuses: affordable housing Summary • This bill prohibits a city or county from charging affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, on a housing development’s affordable units. • This bill would prohibit a local government from charging fees through an inclusionar y housing ordinance or in lieu fees, on the affordable housing units in a development that uses density bonus. Support California Association of Realtors [SPONSOR] Housing Action Coalition [SPONSOR] American Planning Association, California Chapter California Apartment Association California Building Industry Association Circulate San Diego Livable California Opposition Community Catalysts Status Passed the Assembly and is currently in the Senate Rules Committee. 49 AMENDED IN ASSEMBLY MAY 3, 2021 AMENDED IN ASSEMBLY MARCH 24, 2021 california legislature—2021–22 regular session ASSEMBLY BILL No. 571 Introduced by Assembly Member Mayes February 11, 2021 An act to amend Section 65915 of the Government Code, relating to housing. legislative counsel’s digest AB 571, as amended, Mayes. Planning and zoning: density bonuses: affordable housing. Existing law, known as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development in the city or county with a density bonus and other incentives or concessions for the production of lower income housing units, or for the donation of land within the development, if the developer agrees to, among other things, construct a specified percentage of units for very low income, low-income, or moderate-income households or qualifying residents, including lower income students. Existing law requires the amount of a density bonus and the number of incentives or concessions a qualifying developer receives to be pursuant to a certain formula based on the total number of units in the housing development, as specified. This bill would prohibit affordable housing impact fees, including inclusionary zoning fees, fees and in-lieu fees, and public benefit fees, from being imposed on a housing development’s affordable units. 97 50 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. The people of the State of California do enact as follows: line 1 SECTION 1. Section 65915 of the Government Code, as line 2 amended by Section 2 of Chapter 197 of the Statutes of 2020, is line 3 amended to read: line 4 65915. (a) (1) When an applicant seeks a density bonus for line 5 a housing development within, or for the donation of land for line 6 housing within, the jurisdiction of a city, county, or city and county, line 7 that local government shall comply with this section. A city, line 8 county, or city and county shall adopt an ordinance that specifies line 9 how compliance with this section will be implemented. Except as line 10 otherwise provided in subdivision (s), failure to adopt an ordinance line 11 shall not relieve a city, county, or city and county from complying line 12 with this section. line 13 (2) A local government shall not condition the submission, line 14 review, or approval of an application pursuant to this chapter on line 15 the preparation of an additional report or study that is not otherwise line 16 required by state law, including this section. This subdivision does line 17 not prohibit a local government from requiring an applicant to line 18 provide reasonable documentation to establish eligibility for a line 19 requested density bonus, incentives or concessions, as described line 20 in subdivision (d), waivers or reductions of development standards, line 21 as described in subdivision (e), and parking ratios, as described in line 22 subdivision (p). line 23 (3) In order to provide for the expeditious processing of a density line 24 bonus application, the local government shall do all of the line 25 following: line 26 (A) Adopt procedures and timelines for processing a density line 27 bonus application. line 28 (B) Provide a list of all documents and information required to line 29 be submitted with the density bonus application in order for the 97 — 2 — AB 571 51 line 1 density bonus application to be deemed complete. This list shall line 2 be consistent with this chapter. line 3 (C) Notify the applicant for a density bonus whether the line 4 application is complete in a manner consistent with the timelines line 5 specified in Section 65943. line 6 (D) (i) If the local government notifies the applicant that the line 7 application is deemed complete pursuant to subparagraph (C), line 8 provide the applicant with a determination as to the following line 9 matters: line 10 (I) The amount of density bonus, calculated pursuant to line 11 subdivision (f), for which the applicant is eligible. line 12 (II) If the applicant requests a parking ratio pursuant to line 13 subdivision (p), the parking ratio for which the applicant is eligible. line 14 (III) If the applicant requests incentives or concessions pursuant line 15 to subdivision (d) or waivers or reductions of development line 16 standards pursuant to subdivision (e), whether the applicant has line 17 provided adequate information for the local government to make line 18 a determination as to those incentives, concessions, or waivers or line 19 reductions of development standards. line 20 (ii) Any determination required by this subparagraph shall be line 21 based on the development project at the time the application is line 22 deemed complete. The local government shall adjust the amount line 23 of density bonus and parking ratios awarded pursuant to this section line 24 based on any changes to the project during the course of line 25 development. line 26 (b) (1) A city, county, or city and county shall grant one density line 27 bonus, the amount of which shall be as specified in subdivision line 28 (f), and, if requested by the applicant and consistent with the line 29 applicable requirements of this section, incentives or concessions, line 30 as described in subdivision (d), waivers or reductions of line 31 development standards, as described in subdivision (e), and parking line 32 ratios, as described in subdivision (p), when an applicant for a line 33 housing development seeks and agrees to construct a housing line 34 development, excluding any units permitted by the density bonus line 35 awarded pursuant to this section, that will contain at least any one line 36 of the following: line 37 (A) Ten percent of the total units of a housing development for line 38 lower income households, as defined in Section 50079.5 of the line 39 Health and Safety Code. 97 AB 571 — 3 — 52 line 1 (B) Five percent of the total units of a housing development for line 2 very low income households, as defined in Section 50105 of the line 3 Health and Safety Code. line 4 (C) A senior citizen housing development, as defined in Sections line 5 51.3 and 51.12 of the Civil Code, or a mobilehome park that limits line 6 residency based on age requirements for housing for older persons line 7 pursuant to Section 798.76 or 799.5 of the Civil Code. line 8 (D) Ten percent of the total dwelling units in a common interest line 9 development, as defined in Section 4100 of the Civil Code, for line 10 persons and families of moderate income, as defined in Section line 11 50093 of the Health and Safety Code, provided that all units in the line 12 development are offered to the public for purchase. line 13 (E) Ten percent of the total units of a housing development for line 14 transitional foster youth, as defined in Section 66025.9 of the line 15 Education Code, disabled veterans, as defined in Section 18541, line 16 or homeless persons, as defined in the federal McKinney-Vento line 17 Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units line 18 described in this subparagraph shall be subject to a recorded line 19 affordability restriction of 55 years and shall be provided at the line 20 same affordability level as very low income units. line 21 (F) (i) Twenty percent of the total units for lower income line 22 students in a student housing development that meets the following line 23 requirements: line 24 (I) All units in the student housing development will be used line 25 exclusively for undergraduate, graduate, or professional students line 26 enrolled full time at an institution of higher education accredited line 27 by the Western Association of Schools and Colleges or the line 28 Accrediting Commission for Community and Junior Colleges. In line 29 order to be eligible under this subclause, the developer shall, as a line 30 condition of receiving a certificate of occupancy, provide evidence line 31 to the city, county, or city and county that the developer has entered line 32 into an operating agreement or master lease with one or more line 33 institutions of higher education for the institution or institutions line 34 to occupy all units of the student housing development with line 35 students from that institution or institutions. An operating line 36 agreement or master lease entered into pursuant to this subclause line 37 is not violated or breached if, in any subsequent year, there are not line 38 sufficient students enrolled in an institution of higher education line 39 to fill all units in the student housing development. 97 — 4 — AB 571 53 line 1 (II) The applicable 20-percent units will be used for lower line 2 income students. For purposes of this clause, “lower income line 3 students” means students who have a household income and asset line 4 level that does not exceed the level for Cal Grant A or Cal Grant line 5 B award recipients as set forth in paragraph (1) of subdivision (k) line 6 of Section 69432.7 of the Education Code. The eligibility of a line 7 student under this clause shall be verified by an affidavit, award line 8 letter, or letter of eligibility provided by the institution of higher line 9 education that the student is enrolled in, as described in subclause line 10 (I), or by the California Student Aid Commission that the student line 11 receives or is eligible for financial aid, including an institutional line 12 grant or fee waiver, from the college or university, the California line 13 Student Aid Commission, or the federal government shall be line 14 sufficient to satisfy this subclause. line 15 (III) The rent provided in the applicable units of the development line 16 for lower income students shall be calculated at 30 percent of 65 line 17 percent of the area median income for a single-room occupancy line 18 unit type. line 19 (IV) The development will provide priority for the applicable line 20 affordable units for lower income students experiencing line 21 homelessness. A homeless service provider, as defined in paragraph line 22 (3) of subdivision (e) of Section 103577 of the Health and Safety line 23 Code, or institution of higher education that has knowledge of a line 24 person’s homeless status may verify a person’s status as homeless line 25 for purposes of this subclause. line 26 (ii) For purposes of calculating a density bonus granted pursuant line 27 to this subparagraph, the term “unit” as used in this section means line 28 one rental bed and its pro rata share of associated common area line 29 facilities. The units described in this subparagraph shall be subject line 30 to a recorded affordability restriction of 55 years. line 31 (G) One hundred percent of all units in the development, line 32 including total units and density bonus units, but exclusive of a line 33 manager’s unit or units, are for lower income households, as line 34 defined by Section 50079.5 of the Health and Safety Code, except line 35 that up to 20 percent of the units in the development, including line 36 total units and density bonus units, may be for moderate-income line 37 households, as defined in Section 50053 of the Health and Safety line 38 Code. line 39 (2) For purposes of calculating the amount of the density bonus line 40 pursuant to subdivision (f), an applicant who requests a density 97 AB 571 — 5 — 54 line 1 bonus pursuant to this subdivision shall elect whether the bonus line 2 shall be awarded on the basis of subparagraph (A), (B), (C), (D), line 3 (E), (F), or (G) of paragraph (1). line 4 (3) For the purposes of this section, “total units,” “total dwelling line 5 units,” or “total rental beds” does not include units added by a line 6 density bonus awarded pursuant to this section or any local law line 7 granting a greater density bonus. line 8 (c) (1) (A) An applicant shall agree to, and the city, county, line 9 or city and county shall ensure, the continued affordability of all line 10 very low and low-income rental units that qualified the applicant line 11 for the award of the density bonus for 55 years or a longer period line 12 of time if required by the construction or mortgage financing line 13 assistance program, mortgage insurance program, or rental subsidy line 14 program. line 15 (B) (i) Except as otherwise provided in clause (ii), rents for the line 16 lower income density bonus units shall be set at an affordable rent, line 17 as defined in Section 50053 of the Health and Safety Code. line 18 (ii) For housing developments meeting the criteria of line 19 subparagraph (G) of paragraph (1) of subdivision (b), rents for all line 20 units in the development, including both base density and density line 21 bonus units, shall be as follows: line 22 (I) The rent for at least 20 percent of the units in the line 23 development shall be set at an affordable rent, as defined in Section line 24 50053 of the Health and Safety Code. line 25 (II) The rent for the remaining units in the development shall line 26 be set at an amount consistent with the maximum rent levels for line 27 a housing development that receives an allocation of state or federal line 28 low-income housing tax credits from the California Tax Credit line 29 Allocation Committee. line 30 (2) An applicant shall agree to, and the city, county, or city and line 31 county shall ensure that, the initial occupant of all for-sale units line 32 that qualified the applicant for the award of the density bonus are line 33 persons and families of very low, low, or moderate income, as line 34 required, and that the units are offered at an affordable housing line 35 cost, as that cost is defined in Section 50052.5 of the Health and line 36 Safety Code. The local government shall enforce an equity sharing line 37 agreement, unless it is in conflict with the requirements of another line 38 public funding source or law. The following apply to the equity line 39 sharing agreement: 97 — 6 — AB 571 55 line 1 (A) Upon resale, the seller of the unit shall retain the value of line 2 any improvements, the downpayment, and the seller’s proportionate line 3 share of appreciation. The local government shall recapture any line 4 initial subsidy, as defined in subparagraph (B), and its proportionate line 5 share of appreciation, as defined in subparagraph (C), which line 6 amount shall be used within five years for any of the purposes line 7 described in subdivision (e) of Section 33334.2 of the Health and line 8 Safety Code that promote home ownership. line 9 (B) For purposes of this subdivision, the local government’s line 10 initial subsidy shall be equal to the fair market value of the home line 11 at the time of initial sale minus the initial sale price to the line 12 moderate-income household, plus the amount of any downpayment line 13 assistance or mortgage assistance. If upon resale the market value line 14 is lower than the initial market value, then the value at the time of line 15 the resale shall be used as the initial market value. line 16 (C) For purposes of this subdivision, the local government’s line 17 proportionate share of appreciation shall be equal to the ratio of line 18 the local government’s initial subsidy to the fair market value of line 19 the home at the time of initial sale. line 20 (3) (A) An applicant shall be ineligible for a density bonus or line 21 any other incentives or concessions under this section if the housing line 22 development is proposed on any property that includes a parcel or line 23 parcels on which rental dwelling units are or, if the dwelling units line 24 have been vacated or demolished in the five-year period preceding line 25 the application, have been subject to a recorded covenant, line 26 ordinance, or law that restricts rents to levels affordable to persons line 27 and families of lower or very low income; subject to any other line 28 form of rent or price control through a public entity’s valid exercise line 29 of its police power; or occupied by lower or very low income line 30 households, unless the proposed housing development replaces line 31 those units, and either of the following applies: line 32 (i) The proposed housing development, inclusive of the units line 33 replaced pursuant to this paragraph, contains affordable units at line 34 the percentages set forth in subdivision (b). line 35 (ii) Each unit in the development, exclusive of a manager’s unit line 36 or units, is affordable to, and occupied by, either a lower or very line 37 low income household. line 38 (B) For the purposes of this paragraph, “replace” shall mean line 39 either of the following: 97 AB 571 — 7 — 56 line 1 (i) If any dwelling units described in subparagraph (A) are line 2 occupied on the date of application, the proposed housing line 3 development shall provide at least the same number of units of line 4 equivalent size to be made available at affordable rent or affordable line 5 housing cost to, and occupied by, persons and families in the same line 6 or lower income category as those households in occupancy. If line 7 the income category of the household in occupancy is not known, line 8 it shall be rebuttably presumed that lower income renter households line 9 occupied these units in the same proportion of lower income renter line 10 households to all renter households within the jurisdiction, as line 11 determined by the most recently available data from the United line 12 States Department of Housing and Urban Development’s line 13 Comprehensive Housing Affordability Strategy database. For line 14 unoccupied dwelling units described in subparagraph (A) in a line 15 development with occupied units, the proposed housing line 16 development shall provide units of equivalent size to be made line 17 available at affordable rent or affordable housing cost to, and line 18 occupied by, persons and families in the same or lower income line 19 category as the last household in occupancy. If the income category line 20 of the last household in occupancy is not known, it shall be line 21 rebuttably presumed that lower income renter households occupied line 22 these units in the same proportion of lower income renter line 23 households to all renter households within the jurisdiction, as line 24 determined by the most recently available data from the United line 25 States Department of Housing and Urban Development’s line 26 Comprehensive Housing Affordability Strategy database. All line 27 replacement calculations resulting in fractional units shall be line 28 rounded up to the next whole number. If the replacement units will line 29 be rental dwelling units, these units shall be subject to a recorded line 30 affordability restriction for at least 55 years. If the proposed line 31 development is for-sale units, the units replaced shall be subject line 32 to paragraph (2). line 33 (ii) If all dwelling units described in subparagraph (A) have line 34 been vacated or demolished within the five-year period preceding line 35 the application, the proposed housing development shall provide line 36 at least the same number of units of equivalent size as existed at line 37 the highpoint of those units in the five-year period preceding the line 38 application to be made available at affordable rent or affordable line 39 housing cost to, and occupied by, persons and families in the same line 40 or lower income category as those persons and families in 97 — 8 — AB 571 57 line 1 occupancy at that time, if known. If the incomes of the persons line 2 and families in occupancy at the highpoint is not known, it shall line 3 be rebuttably presumed that low-income and very low income line 4 renter households occupied these units in the same proportion of line 5 low-income and very low income renter households to all renter line 6 households within the jurisdiction, as determined by the most line 7 recently available data from the United States Department of line 8 Housing and Urban Development’s Comprehensive Housing line 9 Affordability Strategy database. All replacement calculations line 10 resulting in fractional units shall be rounded up to the next whole line 11 number. If the replacement units will be rental dwelling units, line 12 these units shall be subject to a recorded affordability restriction line 13 for at least 55 years. If the proposed development is for-sale units, line 14 the units replaced shall be subject to paragraph (2). line 15 (C) Notwithstanding subparagraph (B), for any dwelling unit line 16 described in subparagraph (A) that is or was, within the five-year line 17 period preceding the application, subject to a form of rent or price line 18 control through a local government’s valid exercise of its police line 19 power and that is or was occupied by persons or families above line 20 lower income, the city, county, or city and county may do either line 21 of the following: line 22 (i) Require that the replacement units be made available at line 23 affordable rent or affordable housing cost to, and occupied by, line 24 low-income persons or families. If the replacement units will be line 25 rental dwelling units, these units shall be subject to a recorded line 26 affordability restriction for at least 55 years. If the proposed line 27 development is for-sale units, the units replaced shall be subject line 28 to paragraph (2). line 29 (ii) Require that the units be replaced in compliance with the line 30 jurisdiction’s rent or price control ordinance, provided that each line 31 unit described in subparagraph (A) is replaced. Unless otherwise line 32 required by the jurisdiction’s rent or price control ordinance, these line 33 units shall not be subject to a recorded affordability restriction. line 34 (D) For purposes of this paragraph, “equivalent size” means line 35 that the replacement units contain at least the same total number line 36 of bedrooms as the units being replaced. line 37 (E) Subparagraph (A) does not apply to an applicant seeking a line 38 density bonus for a proposed housing development if the line 39 applicant’s application was submitted to, or processed by, a city, line 40 county, or city and county before January 1, 2015. 97 AB 571 — 9 — 58 line 1 (d) (1) An applicant for a density bonus pursuant to subdivision line 2 (b) may submit to a city, county, or city and county a proposal for line 3 the specific incentives or concessions that the applicant requests line 4 pursuant to this section, and may request a meeting with the city, line 5 county, or city and county. The city, county, or city and county line 6 shall grant the concession or incentive requested by the applicant line 7 unless the city, county, or city and county makes a written finding, line 8 based upon substantial evidence, of any of the following: line 9 (A) The concession or incentive does not result in identifiable line 10 and actual cost reductions, consistent with subdivision (k), to line 11 provide for affordable housing costs, as defined in Section 50052.5 line 12 of the Health and Safety Code, or for rents for the targeted units line 13 to be set as specified in subdivision (c). line 14 (B) The concession or incentive would have a specific, adverse line 15 impact, as defined in paragraph (2) of subdivision (d) of Section line 16 65589.5, upon public health and safety or the physical environment line 17 or on any real property that is listed in the California Register of line 18 Historical Resources and for which there is no feasible method to line 19 satisfactorily mitigate or avoid the specific, adverse impact without line 20 rendering the development unaffordable to low-income and line 21 moderate-income households. line 22 (C) The concession or incentive would be contrary to state or line 23 federal law. line 24 (2) The applicant shall receive the following number of line 25 incentives or concessions: line 26 (A) One incentive or concession for projects that include at least line 27 10 percent of the total units for lower income households, at least line 28 5 percent for very low income households, or at least 10 percent line 29 for persons and families of moderate income in a common interest line 30 development. line 31 (B) Two incentives or concessions for projects that include at line 32 least 17 percent of the total units for lower income households, at line 33 least 10 percent for very low income households, or at least 20 line 34 percent for persons and families of moderate income in a common line 35 interest development. line 36 (C) Three incentives or concessions for projects that include at line 37 least 24 percent of the total units for lower income households, at line 38 least 15 percent for very low income households, or at least 30 line 39 percent for persons and families of moderate income in a common line 40 interest development. 97 — 10 — AB 571 59 line 1 (D) Four incentives or concessions for projects meeting the line 2 criteria of subparagraph (G) of paragraph (1) of subdivision (b). line 3 If the project is located within one-half mile of a major transit stop, line 4 the applicant shall also receive a height increase of up to three line 5 additional stories, or 33 feet. line 6 (3) The applicant may initiate judicial proceedings if the city, line 7 county, or city and county refuses to grant a requested density line 8 bonus, incentive, or concession. If a court finds that the refusal to line 9 grant a requested density bonus, incentive, or concession is in line 10 violation of this section, the court shall award the plaintiff line 11 reasonable attorney’s fees and costs of suit. Nothing in this line 12 subdivision shall be interpreted to require a local government to line 13 grant an incentive or concession that has a specific, adverse impact, line 14 as defined in paragraph (2) of subdivision (d) of Section 65589.5, line 15 upon health, safety, or the physical environment, and for which line 16 there is no feasible method to satisfactorily mitigate or avoid the line 17 specific adverse impact. Nothing in this subdivision shall be line 18 interpreted to require a local government to grant an incentive or line 19 concession that would have an adverse impact on any real property line 20 that is listed in the California Register of Historical Resources. line 21 The city, county, or city and county shall establish procedures for line 22 carrying out this section that shall include legislative body approval line 23 of the means of compliance with this section. line 24 (4) The city, county, or city and county shall bear the burden line 25 of proof for the denial of a requested concession or incentive. line 26 (e) (1) In no case may a city, county, or city and county apply line 27 any development standard that will have the effect of physically line 28 precluding the construction of a development meeting the criteria line 29 of subdivision (b) at the densities or with the concessions or line 30 incentives permitted by this section. Subject to paragraph (3), an line 31 applicant may submit to a city, county, or city and county a line 32 proposal for the waiver or reduction of development standards that line 33 will have the effect of physically precluding the construction of a line 34 development meeting the criteria of subdivision (b) at the densities line 35 or with the concessions or incentives permitted under this section, line 36 and may request a meeting with the city, county, or city and county. line 37 If a court finds that the refusal to grant a waiver or reduction of line 38 development standards is in violation of this section, the court line 39 shall award the plaintiff reasonable attorney’s fees and costs of line 40 suit. Nothing in this subdivision shall be interpreted to require a 97 AB 571 — 11 — 60 line 1 local government to waive or reduce development standards if the line 2 waiver or reduction would have a specific, adverse impact, as line 3 defined in paragraph (2) of subdivision (d) of Section 65589.5, line 4 upon health, safety, or the physical environment, and for which line 5 there is no feasible method to satisfactorily mitigate or avoid the line 6 specific adverse impact. Nothing in this subdivision shall be line 7 interpreted to require a local government to waive or reduce line 8 development standards that would have an adverse impact on any line 9 real property that is listed in the California Register of Historical line 10 Resources, or to grant any waiver or reduction that would be line 11 contrary to state or federal law. line 12 (2) A proposal for the waiver or reduction of development line 13 standards pursuant to this subdivision shall neither reduce nor line 14 increase the number of incentives or concessions to which the line 15 applicant is entitled pursuant to subdivision (d). line 16 (3) A housing development that receives a waiver from any line 17 maximum controls on density pursuant to clause (ii) of line 18 subparagraph (D) of paragraph (3) of subdivision (f) shall only be line 19 eligible for a waiver or reduction of development standards as line 20 provided in subparagraph (D) of paragraph (2) of subdivision (d) line 21 and clause (ii) of subparagraph (D) of paragraph (3) of subdivision line 22 (f), unless the city, county, or city and county agrees to additional line 23 waivers or reductions of development standards. line 24 (f) For the purposes of this chapter, “density bonus” means a line 25 density increase over the otherwise maximum allowable gross line 26 residential density as of the date of application by the applicant to line 27 the city, county, or city and county, or, if elected by the applicant, line 28 a lesser percentage of density increase, including, but not limited line 29 to, no increase in density. The amount of density increase to which line 30 the applicant is entitled shall vary according to the amount by line 31 which the percentage of affordable housing units exceeds the line 32 percentage established in subdivision (b). line 33 (1) For housing developments meeting the criteria of line 34 subparagraph (A) of paragraph (1) of subdivision (b), the density line 35 bonus shall be calculated as follows: line 36 line 37 Percentage Density line 38 Bonus Percentage Low-Income Units line 39 20 10 line 40 21.5 11 97 — 12 — AB 571 61 line 1 23 12 line 2 24.5 13 line 3 26 14 line 4 27.5 15 line 5 29 16 line 6 30.5 17 line 7 32 18 line 8 33.5 19 line 9 35 20 line 10 38.75 21 line 11 42.5 22 line 12 46.25 23 line 13 50 24 line 14 line 15 line 16 line 17 line 18 line 19 line 20 line 21 line 22 line 23 line 24 (2) For housing developments meeting the criteria of line 25 subparagraph (B) of paragraph (1) of subdivision (b), the density line 26 bonus shall be calculated as follows: line 27 line 28 Percentage Density Bonus Percentage Very Low Income Units line 29 20 5 line 30 22.5 6 line 31 25 7 line 32 27.5 8 line 33 30 9 line 34 32.5 10 line 35 35 11 line 36 38.75 12 line 37 42.5 13 line 38 46.25 14 line 39 50 15 line 40 97 AB 571 — 13 — 62 line 1 line 2 line 3 line 4 line 5 line 6 line 7 line 8 line 9 line 10 line 11 line 12 line 13 (3) (A) For housing developments meeting the criteria of line 14 subparagraph (C) of paragraph (1) of subdivision (b), the density line 15 bonus shall be 20 percent of the number of senior housing units. line 16 (B) For housing developments meeting the criteria of line 17 subparagraph (E) of paragraph (1) of subdivision (b), the density line 18 bonus shall be 20 percent of the number of the type of units giving line 19 rise to a density bonus under that subparagraph. line 20 (C) For housing developments meeting the criteria of line 21 subparagraph (F) of paragraph (1) of subdivision (b), the density line 22 bonus shall be 35 percent of the student housing units. line 23 (D) For housing developments meeting the criteria of line 24 subparagraph (G) of paragraph (1) of subdivision (b), the following line 25 shall apply: line 26 (i) Except as otherwise provided in clause (ii), the density bonus line 27 shall be 80 percent of the number of units for lower income line 28 households. line 29 (ii) If the housing development is located within one-half mile line 30 of a major transit stop, the city, county, or city and county shall line 31 not impose any maximum controls on density. line 32 (4) For housing developments meeting the criteria of line 33 subparagraph (D) of paragraph (1) of subdivision (b), the density line 34 bonus shall be calculated as follows: line 35 line 36 Percentage Density Bonus Percentage Moderate-Income Units line 37 5 10 line 38 6 11 line 39 7 12 line 40 8 13 97 — 14 — AB 571 63 line 1 9 14 line 2 10 15 line 3 11 16 line 4 12 17 line 5 13 18 line 6 14 19 line 7 15 20 line 8 16 21 line 9 17 22 line 10 18 23 line 11 19 24 line 12 20 25 line 13 21 26 line 14 22 27 line 15 23 28 line 16 24 29 line 17 25 30 line 18 26 31 line 19 27 32 line 20 28 33 line 21 29 34 line 22 30 35 line 23 31 36 line 24 32 37 line 25 33 38 line 26 34 39 line 27 35 40 line 28 38.75 41 line 29 42.5 42 line 30 46.25 43 line 31 50 44 line 32 line 33 (5) All density calculations resulting in fractional units shall be line 34 rounded up to the next whole number. The granting of a density line 35 bonus shall not require, or be interpreted, in and of itself, to require line 36 a general plan amendment, local coastal plan amendment, zoning line 37 change, or other discretionary approval. line 38 (6) Affordable housing impact fees, including inclusionary line 39 zoning fees, fees and in-lieu fees, and public benefit fees, shall not line 40 be imposed on a housing development’s affordable units. 97 AB 571 — 15 — 64 line 1 (g) (1) When an applicant for a tentative subdivision map, line 2 parcel map, or other residential development approval donates line 3 land to a city, county, or city and county in accordance with this line 4 subdivision, the applicant shall be entitled to a 15-percent increase line 5 above the otherwise maximum allowable residential density for line 6 the entire development, as follows: line 7 line 8 Percentage Density Bonus Percentage Very Low Income line 9 15 10 line 10 16 11 line 11 17 12 line 12 18 13 line 13 19 14 line 14 20 15 line 15 21 16 line 16 22 17 line 17 23 18 line 18 24 19 line 19 25 20 line 20 26 21 line 21 27 22 line 22 28 23 line 23 29 24 line 24 30 25 line 25 31 26 line 26 32 27 line 27 33 28 line 28 34 29 line 29 35 30 line 30 line 31 (2) This increase shall be in addition to any increase in density line 32 mandated by subdivision (b), up to a maximum combined mandated line 33 density increase of 35 percent if an applicant seeks an increase line 34 pursuant to both this subdivision and subdivision (b). All density line 35 calculations resulting in fractional units shall be rounded up to the line 36 next whole number. Nothing in this subdivision shall be construed line 37 to enlarge or diminish the authority of a city, county, or city and line 38 county to require a developer to donate land as a condition of line 39 development. An applicant shall be eligible for the increased 97 — 16 — AB 571 65 line 1 density bonus described in this subdivision if all of the following line 2 conditions are met: line 3 (A) The applicant donates and transfers the land no later than line 4 the date of approval of the final subdivision map, parcel map, or line 5 residential development application. line 6 (B) The developable acreage and zoning classification of the line 7 land being transferred are sufficient to permit construction of units line 8 affordable to very low income households in an amount not less line 9 than 10 percent of the number of residential units of the proposed line 10 development. line 11 (C) The transferred land is at least one acre in size or of line 12 sufficient size to permit development of at least 40 units, has the line 13 appropriate general plan designation, is appropriately zoned with line 14 appropriate development standards for development at the density line 15 described in paragraph (3) of subdivision (c) of Section 65583.2, line 16 and is or will be served by adequate public facilities and line 17 infrastructure. line 18 (D) The transferred land shall have all of the permits and line 19 approvals, other than building permits, necessary for the line 20 development of the very low income housing units on the line 21 transferred land, not later than the date of approval of the final line 22 subdivision map, parcel map, or residential development line 23 application, except that the local government may subject the line 24 proposed development to subsequent design review to the extent line 25 authorized by subdivision (i) of Section 65583.2 if the design is line 26 not reviewed by the local government before the time of transfer. line 27 (E) The transferred land and the affordable units shall be subject line 28 to a deed restriction ensuring continued affordability of the units line 29 consistent with paragraphs (1) and (2) of subdivision (c), which line 30 shall be recorded on the property at the time of the transfer. line 31 (F) The land is transferred to the local agency or to a housing line 32 developer approved by the local agency. The local agency may line 33 require the applicant to identify and transfer the land to the line 34 developer. line 35 (G) The transferred land shall be within the boundary of the line 36 proposed development or, if the local agency agrees, within line 37 one-quarter mile of the boundary of the proposed development. line 38 (H) A proposed source of funding for the very low income units line 39 shall be identified not later than the date of approval of the final 97 AB 571 — 17 — 66 line 1 subdivision map, parcel map, or residential development line 2 application. line 3 (h) (1) When an applicant proposes to construct a housing line 4 development that conforms to the requirements of subdivision (b) line 5 and includes a childcare facility that will be located on the premises line 6 of, as part of, or adjacent to, the project, the city, county, or city line 7 and county shall grant either of the following: line 8 (A) An additional density bonus that is an amount of square line 9 feet of residential space that is equal to or greater than the amount line 10 of square feet in the childcare facility. line 11 (B) An additional concession or incentive that contributes line 12 significantly to the economic feasibility of the construction of the line 13 childcare facility. line 14 (2) The city, county, or city and county shall require, as a line 15 condition of approving the housing development, that the following line 16 occur: line 17 (A) The childcare facility shall remain in operation for a period line 18 of time that is as long as or longer than the period of time during line 19 which the density bonus units are required to remain affordable line 20 pursuant to subdivision (c). line 21 (B) Of the children who attend the childcare facility, the children line 22 of very low income households, lower income households, or line 23 families of moderate income shall equal a percentage that is equal line 24 to or greater than the percentage of dwelling units that are required line 25 for very low income households, lower income households, or line 26 families of moderate income pursuant to subdivision (b). line 27 (3) Notwithstanding any requirement of this subdivision, a city, line 28 county, or city and county shall not be required to provide a density line 29 bonus or concession for a childcare facility if it finds, based upon line 30 substantial evidence, that the community has adequate childcare line 31 facilities. line 32 (4) “Childcare facility,” as used in this section, means a child line 33 daycare facility other than a family daycare home, including, but line 34 not limited to, infant centers, preschools, extended daycare line 35 facilities, and schoolage childcare centers. line 36 (i) “Housing development,” as used in this section, means a line 37 development project for five or more residential units, including line 38 mixed-use developments. For the purposes of this section, “housing line 39 development” also includes a subdivision or common interest line 40 development, as defined in Section 4100 of the Civil Code, 97 — 18 — AB 571 67 line 1 approved by a city, county, or city and county and consists of line 2 residential units or unimproved residential lots and either a project line 3 to substantially rehabilitate and convert an existing commercial line 4 building to residential use or the substantial rehabilitation of an line 5 existing multifamily dwelling, as defined in subdivision (d) of line 6 Section 65863.4, where the result of the rehabilitation would be a line 7 net increase in available residential units. For the purpose of line 8 calculating a density bonus, the residential units shall be on line 9 contiguous sites that are the subject of one development line 10 application, but do not have to be based upon individual line 11 subdivision maps or parcels. The density bonus shall be permitted line 12 in geographic areas of the housing development other than the line 13 areas where the units for the lower income households are located. line 14 (j) (1) The granting of a concession or incentive shall not require line 15 or be interpreted, in and of itself, to require a general plan line 16 amendment, local coastal plan amendment, zoning change, study, line 17 or other discretionary approval. For purposes of this subdivision, line 18 “study” does not include reasonable documentation to establish line 19 eligibility for the concession or incentive or to demonstrate that line 20 the incentive or concession meets the definition set forth in line 21 subdivision (k). This provision is declaratory of existing law. line 22 (2) Except as provided in subdivisions (d) and (e), the granting line 23 of a density bonus shall not require or be interpreted to require the line 24 waiver of a local ordinance or provisions of a local ordinance line 25 unrelated to development standards. line 26 (k) For the purposes of this chapter, concession or incentive line 27 means any of the following: line 28 (1) A reduction in site development standards or a modification line 29 of zoning code requirements or architectural design requirements line 30 that exceed the minimum building standards approved by the line 31 California Building Standards Commission as provided in Part 2.5 line 32 (commencing with Section 18901) of Division 13 of the Health line 33 and Safety Code, including, but not limited to, a reduction in line 34 setback and square footage requirements and in the ratio of line 35 vehicular parking spaces that would otherwise be required that line 36 results in identifiable and actual cost reductions, to provide for line 37 affordable housing costs, as defined in Section 50052.5 of the line 38 Health and Safety Code, or for rents for the targeted units to be line 39 set as specified in subdivision (c). 97 AB 571 — 19 — 68 line 1 (2) Approval of mixed-use zoning in conjunction with the line 2 housing project if commercial, office, industrial, or other land uses line 3 will reduce the cost of the housing development and if the line 4 commercial, office, industrial, or other land uses are compatible line 5 with the housing project and the existing or planned development line 6 in the area where the proposed housing project will be located. line 7 (3) Other regulatory incentives or concessions proposed by the line 8 developer or the city, county, or city and county that result in line 9 identifiable and actual cost reductions to provide for affordable line 10 housing costs, as defined in Section 50052.5 of the Health and line 11 Safety Code, or for rents for the targeted units to be set as specified line 12 in subdivision (c). line 13 (l) Subdivision (k) does not limit or require the provision of line 14 direct financial incentives for the housing development, including line 15 the provision of publicly owned land, by the city, county, or city line 16 and county, or the waiver of fees or dedication requirements. line 17 (m) This section does not supersede or in any way alter or lessen line 18 the effect or application of the California Coastal Act of 1976 line 19 (Division 20 (commencing with Section 30000) of the Public line 20 Resources Code). Any density bonus, concessions, incentives, line 21 waivers or reductions of development standards, and parking ratios line 22 to which the applicant is entitled under this section shall be line 23 permitted in a manner that is consistent with this section and line 24 Division 20 (commencing with Section 30000) of the Public line 25 Resources Code. line 26 (n) If permitted by local ordinance, nothing in this section shall line 27 be construed to prohibit a city, county, or city and county from line 28 granting a density bonus greater than what is described in this line 29 section for a development that meets the requirements of this line 30 section or from granting a proportionately lower density bonus line 31 than what is required by this section for developments that do not line 32 meet the requirements of this section. line 33 (o) For purposes of this section, the following definitions shall line 34 apply: line 35 (1) “Development standard” includes a site or construction line 36 condition, including, but not limited to, a height limitation, a line 37 setback requirement, a floor area ratio, an onsite open-space line 38 requirement, or a parking ratio that applies to a residential line 39 development pursuant to any ordinance, general plan element, 97 — 20 — AB 571 69 line 1 specific plan, charter, or other local condition, law, policy, line 2 resolution, or regulation. line 3 (2) “Located within one-half mile of a major transit stop” means line 4 that any point on a proposed development, for which an applicant line 5 seeks a density bonus, other incentives or concessions, waivers or line 6 reductions of development standards, or a vehicular parking ratio line 7 pursuant to this section, is within one-half mile of any point on line 8 the property on which a major transit stop is located, including line 9 any parking lot owned by the transit authority or other local agency line 10 operating the major transit stop. line 11 (3) “Major transit stop” has the same meaning as defined in line 12 subdivision (b) of Section 21155 of the Public Resources Code. line 13 (4) “Maximum allowable residential density” means the density line 14 allowed under the zoning ordinance and land use element of the line 15 general plan, or, if a range of density is permitted, means the line 16 maximum allowable density for the specific zoning range and land line 17 use element of the general plan applicable to the project. If the line 18 density allowed under the zoning ordinance is inconsistent with line 19 the density allowed under the land use element of the general plan, line 20 the general plan density shall prevail. line 21 (p) (1) Except as provided in paragraphs (2), (3), and (4), upon line 22 the request of the developer, a city, county, or city and county shall line 23 not require a vehicular parking ratio, inclusive of parking for line 24 persons with a disability and guests, of a development meeting the line 25 criteria of subdivisions (b) and (c), that exceeds the following line 26 ratios: line 27 (A) Zero to one bedroom: one onsite parking space. line 28 (B) Two to three bedrooms: one and one-half onsite parking line 29 spaces. line 30 (C) Four and more bedrooms: two and one-half parking spaces. line 31 (2) (A) Notwithstanding paragraph (1), if a development line 32 includes at least 20 percent low-income units for housing line 33 developments meeting the criteria of subparagraph (A) of paragraph line 34 (1) of subdivision (b) or at least 11 percent very low income units line 35 for housing developments meeting the criteria of subparagraph line 36 (B) of paragraph (1) of subdivision (b), is located within one-half line 37 mile of a major transit stop, and there is unobstructed access to line 38 the major transit stop from the development, then, upon the request line 39 of the developer, a city, county, or city and county shall not impose 97 AB 571 — 21 — 70 line 1 a vehicular parking ratio, inclusive of parking for persons with a line 2 disability and guests, that exceeds 0.5 spaces per unit. line 3 (B) For purposes of this subdivision, a development shall have line 4 unobstructed access to a major transit stop if a resident is able to line 5 access the major transit stop without encountering natural or line 6 constructed impediments. For purposes of this subparagraph, line 7 “natural or constructed impediments” includes, but is not limited line 8 to, freeways, rivers, mountains, and bodies of water, but does not line 9 include residential structures, shopping centers, parking lots, or line 10 rails used for transit. line 11 (3) Notwithstanding paragraph (1), if a development consists line 12 solely of rental units, exclusive of a manager’s unit or units, with line 13 an affordable housing cost to lower income families, as provided line 14 in Section 50052.5 of the Health and Safety Code, then, upon the line 15 request of the developer, a city, county, or city and county shall line 16 not impose vehicular parking standards if the development meets line 17 either of the following criteria: line 18 (A) The development is located within one-half mile of a major line 19 transit stop and there is unobstructed access to the major transit line 20 stop from the development. line 21 (B) The development is a for-rent housing development for line 22 individuals who are 62 years of age or older that complies with line 23 Sections 51.2 and 51.3 of the Civil Code and the development has line 24 either paratransit service or unobstructed access, within one-half line 25 mile, to fixed bus route service that operates at least eight times line 26 per day. line 27 (4) Notwithstanding paragraphs (1) and (8), if a development line 28 consists solely of rental units, exclusive of a manager’s unit or line 29 units, with an affordable housing cost to lower income families, line 30 as provided in Section 50052.5 of the Health and Safety Code, and line 31 the development is either a special needs housing development, line 32 as defined in Section 51312 of the Health and Safety Code, or a line 33 supportive housing development, as defined in Section 50675.14 line 34 of the Health and Safety Code, then, upon the request of the line 35 developer, a city, county, or city and county shall not impose any line 36 minimum vehicular parking requirement. A development that is line 37 a special needs housing development shall have either paratransit line 38 service or unobstructed access, within one-half mile, to fixed bus line 39 route service that operates at least eight times per day. 97 — 22 — AB 571 71 line 1 (5) If the total number of parking spaces required for a line 2 development is other than a whole number, the number shall be line 3 rounded up to the next whole number. For purposes of this line 4 subdivision, a development may provide onsite parking through line 5 tandem parking or uncovered parking, but not through onstreet line 6 parking. line 7 (6) This subdivision shall apply to a development that meets line 8 the requirements of subdivisions (b) and (c), but only at the request line 9 of the applicant. An applicant may request parking incentives or line 10 concessions beyond those provided in this subdivision pursuant line 11 to subdivision (d). line 12 (7) This subdivision does not preclude a city, county, or city line 13 and county from reducing or eliminating a parking requirement line 14 for development projects of any type in any location. line 15 (8) Notwithstanding paragraphs (2) and (3), if a city, county, line 16 city and county, or an independent consultant has conducted an line 17 areawide or jurisdictionwide parking study in the last seven years, line 18 then the city, county, or city and county may impose a higher line 19 vehicular parking ratio not to exceed the ratio described in line 20 paragraph (1), based upon substantial evidence found in the parking line 21 study, that includes, but is not limited to, an analysis of parking line 22 availability, differing levels of transit access, walkability access line 23 to transit services, the potential for shared parking, the effect of line 24 parking requirements on the cost of market-rate and subsidized line 25 developments, and the lower rates of car ownership for low-income line 26 and very low income individuals, including seniors and special line 27 needs individuals. The city, county, or city and county shall pay line 28 the costs of any new study. The city, county, or city and county line 29 shall make findings, based on a parking study completed in line 30 conformity with this paragraph, supporting the need for the higher line 31 parking ratio. line 32 (9) A request pursuant to this subdivision shall neither reduce line 33 nor increase the number of incentives or concessions to which the line 34 applicant is entitled pursuant to subdivision (d). line 35 (q) Each component of any density calculation, including base line 36 density and bonus density, resulting in fractional units shall be line 37 separately rounded up to the next whole number. The Legislature line 38 finds and declares that this provision is declaratory of existing law. line 39 (r) This chapter shall be interpreted liberally in favor of line 40 producing the maximum number of total housing units. 97 AB 571 — 23 — 72 line 1 (s) Notwithstanding any other law, if a city, including a charter line 2 city, county, or city and county has adopted an ordinance or a line 3 housing program, or both an ordinance and a housing program, line 4 that incentivizes the development of affordable housing that allows line 5 for density bonuses that exceed the density bonuses required by line 6 the version of this section effective through December 31, 2020, line 7 that city, county, or city and county is not required to amend or line 8 otherwise update its ordinance or corresponding affordable housing line 9 incentive program to comply with the amendments made to this line 10 section by the act adding this subdivision, and is exempt from line 11 complying with the incentive and concession calculation line 12 amendments made to this section by the act adding this subdivision line 13 as set forth in subdivision (d), particularly subparagraphs (C) and line 14 (D) of paragraph (2) of that subdivision, and the amendments made line 15 to the density tables under subdivision (f). line 16 SEC. 2. No reimbursement is required by this act pursuant to line 17 Section 6 of Article XIIIB of the California Constitution because line 18 a local agency or school district has the authority to levy service line 19 charges, fees, or assessments sufficient to pay for the program or line 20 level of service mandated by this act, within the meaning of Section line 21 17556 of the Government Code. O 97 — 24 — AB 571 73 AUTHENTICATED~ US. COVERNMENT INFORMATION GPO I 117'l'H CONGRESS H R 2307 lS'l' SESSION • • To create a Carbon Dividend 1'rust F\md for the American people in order to encourage market-driven innovation of clean energy technologies and market efficiencies which will reduce harmful pollution and leave a healthier, more stable, and more prosperous Nation for future genera- tions. IN THE HOUSE OF REPRESENrrATIVES APRII,1, 2021 Mr. DEU'l'CH (for himself, Mr. lVIALINOWSKI, Ms . EST-TOO, Ms . S e I-L\KOWSKY, Mr. CRIST, Mr. KILMER, Mr. PETERS, Ms. CHU, Mr. CONNOLLY, Ms. CRAIG, Mr. MORELLE, Mr. CARBAJAL, Mr. RASIGN, Mr. SIRES, Mr. SI-IERi\Ll\...t'1, Mr. CROVV, Mr. CORREA, Ms. SC.<U"ILON, Mr. JOHNSON of Georgi.a, Ms . PIKGREE, Mr. MOULTON, Ms. ROYBAL-ALLARD, Mr. GARAi\fENDI, Mr. EVANS, Mr. PI-Ill.LIPS, Ms. lVlENH, Mr. CARDENAS, Ms. LEE of California, and Mr. CAR1'WRI GH'l') introduced the following-bill; which was referred to the Committee on Ways and Means, and in addi- tion to the Committees on Energy and Commerce, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall ·within the jurisdiction of the committee concerned A BILL To create a Carbon Dividend Trust Fund for the American people in order to encourage market-driven innovation of clean energy technologies and market effici encies which will reduce harmful pollution and leave a healthier, more stable, and more prosperous Nation for future gen- erations. 74 2 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Energy Innovation and 5 Carbon Dividend Act of 2021''. 6 SEC. 2. FINDINGS. 7 The Congress finds that- 8 ( 1) efficient markets strengthen our economy 9 and benefit our Nation by encouraging competition, 10 innovation, and technological progress; 11 (2) efficient markets should reflect all costs of 12 goods to ensure that they advance America's pros- 13 perity and national interests; 14 (3) emissions of carbon pollution and other 15 harmful pollutants into our Nation's air impose sub- 16 stantial costs on all Americans and on future gen - 17 erations; and 18 ( 4) creation of a Carbon Dividend 'l1rust Fund, 19 to be distributed to the American people, vvi ll make 20 markets more effici ent, create jobs, and stimulate 21 competition, innovation, and technological progress 22 that benefit all Americans and future generations. 23 SEC. 3. CARBON DIVIDENDS AND CARBON FEE. 24 rrhe Internal Revenue Code of 1986 is amended by 25 adding at the end the following new subtitle: •HR 2307 Ill 75 3 1 "Subtitle L-CARBON DIVIDENDS 2 AND CARBON FEE 3 "CHAPTER 101. CARBON FEES. "Ctt.-\P'l'Ml{ 102. CAw~oN Bo1w1•:1t Fg1.; AnJusnmN'I'. "CHAPTER 101-CARBON FEES "Sec. 9901. Defin itio ns . "Sec. 9902. Carbon fee. "Sec. 9903. Emissions reduction schedu le. "Sec. 9904. Decomm issioning of carbon fe e . "Sec. 9905. Carbo n Capture and Sequestration. "Sec. 9906. Adm ini strative a uthori ty. 4 "SEC . 9901. DEFINITIONS. 5 "For purposes of this subtitle: 6 "(a) ADMINISTRATOR-The term 'Administrator' 7 means the Administrator of the Environmental Protection 8 Agency. 9 "(b) CARBON DIOXIDE EQUIV ALEN'l' OR C02-e.-The 10 term 'carbon dioxide equivalent' or 'C02-e' means the 11 number of metric tons of carbon dioxide emission s with 12 the same global warming potential as one metric ton of 13 another greenhouse gas. 14 "(c) CARBON-lN'rENSIVE PRODU C'l'.-The term 'car- 15 hon-intensive product' means, as identified by the Sec- 16 retary by rule- 17 18 19 20 " ( 1) for purposes of this chapter- "(A) any manufactured or agricultural product which the Secretary m consultation vvith the Administrator determines is emission s- •HR 2307 Ill 76 4 1 intensive and trade-exposed, except that no cov- 2 ered fuel is a carbon-intensive product, and 3 "(B) until such time that the Secretary 4 promulgates rules identifying carbon-intensive 5 products, the following shall be considered car- 6 hon-intensive products: iron, steel, steel mill 7 products (including pipe and tube), aluminum, 8 cement, glass (including flat, container, and 9 specialty glass and fiberglass), pulp, paper, 10 chemicals, or industrial ceramics, and 11 "(2) for purposes of chapter 102, any economic 12 sector, or product from that sector, which the Sec- 13 retary in consultation with the Administrator deter- 14 mines is prone to carbon leakage because it is emis- 15 sions-intensive and trade-exposed, along with other 16 pertinent criteria, except that no covered fuel is a 17 carbon-intensive product. 18 "(d) CARBON LEAKAGE.-The term 'carbon leakage' 19 means an increase of global gTeenhouse gas emissions 20 which are substantially due to the relocation of greenhouse 21 gas sources from the United States to jurisdictions which 22 lack comparable controls upon greenhouse gas emissions. 23 "(e) COST OF CARBON OR CARBON COSTS.-'l1he 24 term 'cost of carbon' or 'carbon costs' means a national 25 or sub-national government policy which explicitly places •HR 2307 Ill 77 5 1 a price on gTeenhouse gas pollution and shall be limited 2 to either a tax on gTeenhouse gases or a system of cap- 3 and-trade. The cost of carbon is expressed as the price 4 per metric ton of C02-e. 5 "(f) COVERED ENTITY.-rrhe term 'covered entity' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 means- " ( 1) in the case of crude oil- " (A) a refinery operating m the United States, and "(B) any importer of any petroleum or pe- troleum product into the United States, "(2) in the case of coal- " (A) any coal mmmg operation m the United States, and "(B) any importer of coal into the United States, " ( 3) in the case of natural gas- " (A) any entity entering pipeline quality natural g·as into the natural gas transmission system, and "(B) any importer of natural gas into the United States, and 23 " ( 4) any entity or class of entities which, as de- 24 termined by the Secretary, is transporting, selling, 25 or otherwise using a covered fuel in a manner which •HR 2307 IlI 78 6 1 emits a greenhouse gas to the atmosphere and which 2 has not b ee n covered by the carbon fee or the carbon 3 border fee adjustment. 4 "(g) CnvERED FUEJ,.-The term 'covered fuel' 5 means crude oil, natural gas, coal, or any other product 6 derived from crude oil, natural gas, or coal which shall 7 be used so as to emit greenhouse gases to the atmosphere . 8 "(h) CRUDE OrL.-The term 'crude oil' means 9 unrefined petroleum. 10 "(i) EXPORT.-The term 'export' means to transport 11 a product from within the jurisdiction of the United States 12 to p ersons outside the United States. 13 "(j) FOSSIL FUEL.-The term 'fossil fuel' means 14 coal, coal products, petroleum, petroleum products, or nat- 15 ural gas. 16 "(k) FULL FUEL CYCLE GREENHOUSE GAS El\HS - 17 SIONS.-The term 'full fuel cycle greenhouse gas emis- 18 sions' means the greenhouse gas content of a covered fuel 19 plus that covered fuel's upstream gTeenhouse gas emis- 20 SlOnS. 21 "(l) GLOBAL WARMI NG POTENTIAL.-The term 22 'global warming potential' means the ratio of the time- 23 integTated radiative forcing from the instantaneous rele ase 24 of one kilogram of a trace substance relative to that of 25 one kilogram of carbon dioxide. •HR 2307 IB 79 7 1 "(m) GREENHOUSE G.A..s.-The term 'greenhouse 2 gas' means carbon dioxide (C02), methane (CH4), nitrous 3 oxide (N 20), and other gases as defined by rule of the 4 Administrator. 5 "(n) GREENHOUSE GAS CONTENT.-The term 6 'greenhouse gas content' means the amount of gTeenhouse 7 gases of a product or a fuel, expressed in metric tons of 8 C02-e, which would be emitted to the atmosphere by the 9 use of a covered fuel and shall include, nonexclusively, 10 emissions of carbon dioxide (C02), nitrous oxide (N20), 11 methane (CH4), and other gTeenhouse gases as identified 12 by rule of the Administrator. 13 "(o) GREENHOUSE GAS EFFECT.-The term 'green- 14 house gas effect' means the adverse effects of gTeenhouse 15 gases on health or welfare caused by the greenhouse gas's 16 heat-trapping potential or its effect on ocean acidification. 17 "(p) liVIPORT.-lrrespective of any other definition in 18 law or treaty, the term 'import' means to land on, bring 19 into, or introduce into any place subject to the jurisdiction 20 of the United States. 21 "(q) PETROLEUM .-rrhe term 'petroleum' means oil 22 removed from the earth or the oil derived from tar sands 23 or shale . 24 "(r) PRODUCTION GREENHOUSE GAS EMISSIONS.- 25 The term 'production greenhouse gas emissions' means •HR 2307 lli 80 8 1 the quantity of greenhouse gases, expressed in metric tons 2 of C02 -e, emitted to the atmosphere resulting from, non- 3 exclusively, the production, manufacture, assembly, trans- 4 portation, or financing of a product. 5 "(s) UPS'fRE.Al\tf GREENHOUSE GAS EMISSIONS.- 6 The term 'upstream gTeenhouse gas emissions' means the 7 quantity of gTeenhouse gases, expressed in metric tons of 8 C02 -e, emitted to the atmosphere resulting from, non- 9 exclusively, the extraction, processing, transportation, fi- 10 nancing, or other preparation of a covered fuel for use. 11 "SEC. 9902. CARBON FEE. 12 "(a) CARBON FEE.-'fhere is hereby imposed a car- 13 bon fee on any covered entity's emitting use, or sale or 14 transfer for an emitting use, of any covered fuel. 15 "(b) Ai\IIOUNT OF THE CARBON FEE.-The carbon 16 fee impos ed by this section is an amount equal to- 17 '' ( 1) the greenhouse gas content of the covered 18 fuel, multiplied by 19 "(2) the carbon fee rate. 20 "(c) CARBON FEE RATE.-For purposes of this sec- 21 tion- 22 "(1) IN GENERAL.-'fhe carbon fee rate, with 23 respect to any use, sale, or transfer during a cal- 24 endar year, shall be- •HR 2307 IH 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 "(A) in the case of calendar year 2021, $15 per metric ton of C02-e, and "(B) except as provided in paragraph (2), in the case of any calendar year thereafter- " ( i) the carbon fee rate in effect under t his subsection for the preceding cal- endar year, plus "(ii) $10. "(2) EXCEPTIONS.- " (A) INCREASED CARBON FEE RATE AFTER .MISSED Al\TNUAL El\1ISSIONS REDUCTION T.cIBGET.-ln the case of any year immediately follo-wing a year for which the Secretary deter- mines under section 9903(b) that the actual emissions of greenhouse gases from covered fuels exceeded the emissions reduction target for the previous year, paragraph (l)(B)(ii) shall be applied by substituting '$15' for the dollar amount otherwise in effect for the calendar year under such paragraph. "(B) CESSATION OF CARBON FEE RATE IN- CREASE AFTER CERTAIN E.MISSION REDUCTIONS ACI-IIEVED.-ln the case of any year imme- diately follo-wing a year for which the Secretary determines under 9903(b) that actual emissions •HR 2307 IH 82 10 1 of greenhouse gases from covered fuels is not 2 more than 10 percent of the greenhouse gas 3 emissions from covered fuels during the year 4 2010, paragraph (l)(B)(ii) shall be applied by 5 substituting '$0' for the dollar amount other- 6 wise in effect for the calendar year under such 7 paragraph. 8 '' ( 3) INFLATION ADJUSTMENT .-In the case of 9 any calendar year after 2021, each of the dollar 10 amounts in paragraphs (l)(B) and (2)(A) shall be 11 increas~d by an amount equal to- 12 "(A) such dollar amount, multiplied by 13 "(B) the cost-of-living adjustment deter- 14 mined under section l(f)(3) for the calendar 15 year, determined by substituting 'calendar year 16 2010' for 'calendar year 2016' in subparagraph 17 (A)(ii) thereof. 18 "(cl) EXEMPTION Al\JD REFUND.-The Secretary 19 shall prescribe such rules as are necessary to ensure the 20 fee imposed by this section is not imposed with respect 21 to any nonemitting use, or any sale or transfer for a non- 22 emitting use, including rules providing for the refund of 23 any carbon fee paid under this section with respect to any 24 such use, sale, or transfer. 25 "(e) EXEMPTIONS.- •HR 2307 Ill 83 1 2 3 4 5 6 7 8 9 10 11 12 13 11 "(1) AGRICULTURE.- ''(A) FUEL.-If any covered fuel or its de- rivative is used on a farm for a farming pur- pose, the Secretary shall pay (without interest) to the ultimate purchaser of such covered fuel or its derivative, the total amount of carbon fees previously paid upon that covered fuel or its derivative, as specified by rule of the Sec- retary. "(B) FARM, FARMING USE, Al~D FARMING PURPOSE.-The terms 'farm', 'farming use', and 'farming purpose' shall have t h e respective meamngs given such terms under section 14 6420(c). 15 "(C) OTHER GREENHOUSE GASES EMIS- 16 SIONS FROM AGRICULTURE.-The carbon f ee 17 shall not be l evied upon non-fossil fuel gTeen- 18 house gas emissions which occur on a farm. 19 "(2) ARMED FORCES OF THE UNI'l'ED 20 STATE S.-If any covered fuel or its derivative is 21 used by the Armed Forces of the United States as 22 supplies for vessels of war, vehicles, or electrical 23 power generation equipment, the Secretary shall pay 24 (without interest) to the ultimate purchaser of such 25 covered fuel or its derivative, the total amount of •HR 2307 Ill 84 12 1 carbon fees previously paid upon that covered fuel or 2 its derivative, as specified by rule of the Secretary. 3 "SEC. 9903. EMISSIONS REDUCTION SCHEDULE. 4 ''(a) I N GENERAh-An emiss ions reduction schedule 5 for greenhouse gas emissions from covered fuels is hereby 6 establi sh ed, as follows: 7 "(l) REFERENCE YEA.R.-The net greenhouse 8 gas emissions during the year 2010 shall be the ref- 9 erence amount of emissions and shall be determined 10 from the 'Inventory of U.S. Greenhouse Gas Emis- 11 sions and Sinks: 1990-2010' published by the Envi- 12 ronmental Protection Agency in April of 2012. 13 "(2) EMIS SIONS REDUCTION TA.RGET.-The 14 first emission reduction target shall be for the year 15 2023. The emission target for each year thereafter 16 shall be the previous year's target emissions minus 17 a percentage of emission s during the reference year 18 determined in accordance ·with the following table: "Year Emissions Reduction Target 2010 Reference year 2021 to 2022 No em issions reduction target 2023 to 2030 5 percent of 2010 emissions per yeai· 2031 to 2050 3 percent of 2010 em ission s per year 19 "(b) ADMINISTRATIVE DETERMINATION.-Not later 20 than 60 days after the beginning of each calendar year •HR 2307 m 85 13 1 beginning after the enactment of this section, the Sec- 2 retary, in consultation with the Administrator, shall deter- 3 mine whether actual emissions of greenhouse gases from 4 covered fuels exceeded the emissions reduction target for 5 the preceding calendar year. The Secretary shall make 6 such determination using the same, or appropriately up- 7 dated, greenhouse gas accounting method as was used to 8 determine the net greenhouse gas emissions in the 'Inven- 9 tory of U .S. Gree nhouse Gas Emissions and Sinks: 1990- 10 2010' published by the Environmental Protection Agency 11 in April of 2012 . 12 "SEC. 9904. DECOMMISSIONING OF CARBON FEE. 13 "(a) IN GENERAL.-At such time that- 14 "(1) the Secretary determines under 9903(b) 15 that actual emissions of greenhouse gases from cov- 16 ered fuels is not more than 10 percent of the gTeen- 17 house gas emissions during the year 2010, and 18 "(2) the monthly carbon dividend payable to an 19 adult eligible individual has been less than $20 for 20 3 consecutive years, 21 the S ecretary shall decommission m an orderly manner 22 progTams administering the carbon fee, the carbon border 23 fee adjustment, and the Carbon Dividend 'rrust Fund. •HR 2307 IH 86 14 1 "(b) INFLA'l'ION ADJUSTMEN'l'.-In the case of any 2 calendar year after 2021, the $20 amount under sub- 3 section (a)(2) shall be increased by an amount equal to- 4 "(1) such dollar amount, multiplied by 5 "(2) cost-of-living acljustment determined under 6 section l(f)(3) for the calendar year, determined by 7 substituting 'calendar year 2020' for 'calendar year 8 2010' in subparagTaph (A)(ii) thereof. 9 "SEC. 9905. CARBON CAPTURE AND SEQUESTRATION. 10 "(a) IN GE NERAJ,.-The Secretary, in consultation 11 with the Administrator and the Secretary of Energy, shall 12 prescribe regulations for making payments as provided in 13 subsection (b) to qualified facilities which capture and se- 14 quester qualified carbon dioxide or sequester qualified car- 15 bon dioxide obtained from one or more qualified facilities. 16 ''(b) PAYME NT AllWUNTS.- 17 "(1) IN GENERAL.-The Secretary shall make 18 payments to a qualified facility in the same manner 19 as if such payment was a refund of an overpayment 20 of the carbon fee imposed by section 9902, in cases 21 in which such qualified facility- 22 "(A) uses any covered fuel- 23 "(i) ·with respect to which the carbon M fee~b~p~,~d •HR 2307 Ill 87 15 1 "(ii) which results in the emission of 2 qualified carbon dioxide, 3 "(B) captures such emitted, or an eqmva- 4 lent amount of, qualified carbon dioxide, and 5 "(C)(i) sequesters such qualified carbon di- 6 oxide in a manner which is safe, permanent, 7 and in compliance with any applicable local, 8 State, and Federal laws, or 9 "(ii) utilizes such qualified carbon dioxide 10 or an equivalent amount of carbon dioxide in a 11 manner provided in paragraph (3)(C). 12 "(2) ANIOUNT OF REFUND.-rrhe payment de- 13 termined under this section shall be an amount 14 equal to the lesser of- 15 "(A)(i) the adjusted metric tons of quali- 16 fied carbon dioxide captured and sequestered or 17 utilized, multiplied by 18 "(ii) the carbon fee rate during the year in 19 which the carbon fee was imposed by section 20 9902 upon the covered fuel to which such car- 21 bon dioxide relates, or 22 "(B) the amount of the carbon fee imposed 23 by section 9902 with respect to such covered 24 fuel. •HR 2307 ill 88 16 1 "(3) DEFINITIONS AND SPECIAL RULES.-For 2 purposes of this section- 3 "(A) QUALIFIED CARBON DIOXIDE; QUALI- 4 FIED F ACIUTY .- 5 "(i) QUALIFIED CARBON DIOXIDE.- 6 The term 'qualified carbon dioxide' has the 7 same meaning given such term under sec- 8 tion 45Q( c). 9 "(ii) QUALIFIED FACILITY.-'"fhe term 10 'qualified facility' means any industrial fa- 11 cility at which carbon capture equipment is 12 placed in service. 13 "(B) ADJUSTED 'l'OTAL METRIC TONS.- 14 The adjusted total metric tons of qualified car- 15 bon dioxide captured and sequestered or utilized 16 shall b e the total m etric tons of qualified carbon 17 dioxide captured and sequestered or utilized, re- 18 cluc ed by the amount of any carbon dioxide like- 19 ly to esc ape and be emitted into the atmosphere 20 due to imperfect storage technology or other- 21 vvise, as determined by the Secretary m con- 22 sultation vvith the Administrator. 23 "(C) U'l'ILIZATIO N.-The Secretary, m 24 consultation with the Administrator, shall es - 25 tablish r eg11lations providing for the methods •HR 2307 Ill 89 17 1 and processes by which qualified carbon dioxide 2 may be utilized so as to exclude that qualified 3 carbon dioxide safely and permanently from the 4 atmosphere. Utilization may include the produc- 5 tion of substances such as but not limited to 6 plastics and ch emicals. Such regulations shall 7 minimize the escape or further emission of the 8 qualified carbon dioxide into the atmosphere. 9 (((D) SEQUESTRATION.-Not later than 10 540 days after the date of the enactment of this 11 section, the Secretary, in consultation with the 12 Administrator, shall prescribe regulations iden- 13 tifying the conditions under which carbon diox- 14 ide may be safely and permanently sequestered. 15 "( 4) COORDINATION WITH CREDIT FOR CARBON 16 DIOXIDE SEQUESTRA'l'ION.-At such time that the 17 Secretary prescribes reg11lations implementing this 18 section, no payment under this section shall be a l- 19 l owed to a taxpayer to whom a credit has b ee n a l- 20 lowed for any taxable year under section 45Q. 21 "SEC. 9906. ADMINISTRATIVE AUTHORITY. 22 (((a) I N GENERAL .-The Secretary m consultation 23 with the Administrator shall prescribe such regulations, 24 and other g11idance, as may be necessary to carry out the •HR 2307 Ill 90 18 1 purposes of this subtitle and assess and collect the carbon 2 fee imposed by section 9902 . 3 "(b) SPECIFICALLY.-Such reg11lations and gi1idance 4 shall include- 5 "(1) the identification of an effective point in 6 the production, distribution, or use of a covered fuel 7 for collecting such carbon fee, in such a manner so 8 as to minimize administrative burden and maximize 9 the extent to which full fuel cycle greenhouse gas 10 emissions from covered fuels have the carbon fee lev- 11 ied upon them, 12 "(2) the identification of covered entities which 13 shall be liable for the payment of the carbon fee, 14 "(3) requirements for the monthly payment of 15 such fees, 16 " ( 4) as may be necessary or convenient, rules 17 for disting·uishing between different types of covered 18 fuels, 19 "(5) as may be necessary or convenient, rules 20 for distinguishing between a covered fuel's green- 21 house gas content and its upstream greenhouse gas 22 em1ss10ns, 23 "(6) rules to ensure that no covered fuel has 24 the carbon fee or carbon border fee acljustment im- 25 posed upon it more than once, and •HR 2307 Ill 91 19 1 "(7) rules to ensure that the domestic imple- 2 mentation of the carbon fee coordinate with the im- 3 plementation of the carbon border fee adjustment of 4 chapter 102. 5 "CHAPTER 102-CARBON BORDER FEE 6 ADJUSTMENT "Sec. 9908. Ca l'bon bol'del' fee adjustment. "Sec. 9909. Administration of the carbon bol'der fee adjustment. "Sec. 9910. Allocation of cal'bon bol'der fee adjustment revenues. "Sec. 9911. Treaties and intemational negotiations . 7 "SEC. 9908. CARBON BORDER FEE ADJUSTMENT. 8 "(a) IN GENERAL.-The fees imposed by, and re- 9 funds allowed under, this section shall be referred to as 10 the 'carbon border f ee adjustment'. 11 "(b) PURPOSE .-The purpose of the carbon border 12 f ee adjustment is to protect animal, plant, and human life 13 a nd health, to conserve exhaustible natural resources by 14 preventing carbon leakage, and to facilitate the creation 15 of international agreements. 16 "(c) IMPORTS TO 'l'HE UNITED S'rA'l'ES.- 17 ' ( ( 1) IMPORTED COVERED FUELS FEE .-In the 18 case of any p erson that imports into the United 19 States any covered fuel, there shall be imposed a fee 20 equal to the total carbon fee that would be impo se d 21 on the fuel's greenhouse gas content under the do - 22 mestic carbon fee, including processing emissions. •HR 2307 IH 92 20 1 "(2) IMPORTED CARBON-IN'l'ENSIVE PRODUCTS 2 FEE.-ln the case of any person that imports into 3 the United States any carbon-intensive product, 4 there shall be imposed a fee equal to the total car- 5 bon fee which would h ave accumulated upon the 6 greenhouse gas content of the impo rted carbon-in- 7 tensive product had the imported carbon-intensive 8 product been produced domestically and subject to 9 the domestic carbon fee. 10 "(3) MODIFICATIONS .-The Secretary shall 11 make an administrative determination of whether 12 any class of imported covered fuels or class of im- 13 ported carbon-intensive product is carrying any total 14 foreign carbon cost. The Secretary shall make a de- 15 termination of whether international law or the en- 16 hancement of global greenhouse gas mitigation ef- 17 forts require that those foreig11 cost of carbon be de- 18 ducted from the border carbon fee adjustment deter- 19 mined in subsection (c)(l) or subsection (d)(l). 20 " ( 4) FOREIGN COST OF C.ARBON; FOREIGN CAR- 21 BON COSTS.-For purposes of this subsection, the 22 term 'foreig11 cost of carbon' or 'foreign carbon cost' 23 means the explicit price a foreign jurisdiction places 24 upon the emissio n of greenhouse gas pollution to the 25 atmosphere through law or regulation. Such price •HR 2307 IH 93 21 1 s hall b e expressed as the price per metric ton of 2 C02-e. 3 " ( d ) REFUND ON E XPORTS FROM UNITED 4 S·rATES.- 5 " ( 1) COVERED FUELS .-U nder r egulations pre- 6 sc rib ed by the Secretary, in t h e case of a covered 7 f uel produced in the United States with respect to 8 which the fee under section 9902 was paid, there 9 s h all be all owed as a cr edit or r efund (without inter- 10 est) to a ny exporter of su ch cove r ed fuels an amount 11 e qu al to the total carbon fee levied upon the ex- 12 ported covered fu el up to t h e time of its expo rtat ion, 13 including processing emission s . Any such credit or 14 refund shall be a ll owed in the same manner as if it 15 were an overpayment of tax imposed by section 16 9902. 17 "(2) CARBON-INTENSIVE PROD UCTS.-Uncl er 18 regulations prescrib ed by t h e Secretary, there shall 19 b e allowed a credit or r efund (without interest) to 20 exporters of carbon-intensive products manufactured 21 or produced in the United States an amount equal 22 to the total carbon fees accumul ated upon the green- 23 h ou se gas content of the exported carbon-intensive 24 product up to the time of exportation. Any such 25 cr edit or r efund shall b e all owed in t he same manner •HR 2307 Ill 94 22 1 as if it were an overpayment of the fee imposed by 2 section 9902 or 9904. 3 "SEC. 9909. ADMINISTRATION OF THE CARBON BORDER 4 FEE ADJUSTMENT. 5 "(a) GENERALLY .-The Secretary m consu ltation 6 with the Administrator shall prescribe regulations and 7 guidance which implement the carbon border fee adjust- 8 ment under section 9908 . 9 "(b) COLLABORATION.-In administering any aspect 10 of the border carbon fee adjustment it is the sense of Con- 11 gress that the Secretary should collaborate with author- 12 ized officers of any jurisdiction, including sub-national 13 governments, affected by the carbon border fee adjust- 14 ment. 15 "(c) METHODOLOGY .-In administering the border 16 carbon fee adjustment, the Secretary shall use methodolo - 17 gies, procedures, and data which as may be necessary or 18 convenient- 19 " ( 1) disaggregate a product's greenhouse gas 20 content; 21 "(2) are consistent ·with international law and 22 facilitate international cooperation; 23 " ( 3) in the case of incomp lete data, use cus- 24 tomary methods of interpolation that favor enhanced 25 mitigation and facilitate international cooperation; •HR 2307 IH 95 23 1 " ( 4) avoid the double pricing of greenhouse gas 2 emissions; and 3 " ( 5) harmonize the border carbon fee acljust- 4 ment with the domestic carbon fee so as to ensure 5 all covered fuels used in the United States are sub- 6 ject to the carbon fee. 7 "(cl) ScHEDULE.-The Secretary shall- 8 "(1) begin implementation the border carbon 9 fee adjustment for covered fuels at the same time as 10 the implementation of the carbon fee; and 11 "(2) begin implementation of the border carbon 12 fee adjustment for carbon-intensiv e products within 13 two years of the date of the enactment of the En- 14 ergy Innovation and Carbon Dividend Act of 2021. 15 "(e) PROCEDURE.-The Secretary shall- 16 "(1) establish fair, timely, impartial, and as 17 necessary confidential procedures by which the im- 18 porter of any carbon-intensive product or any cov - 19 ered fuel may petition the Secretary to revise the 20 Secretary's determination of its border carbon fee 21 adjustment liability calculated under section 22 9908( c)(l); 23 "(2) establish fair, timely, impartial, and as 24 necessary confidential procedures by which any ex- 25 porter of any product from the United States may •HR 2307 Ill 96 24 1 petition the Secretary to include that exported prod- 2 uct on the list of carbon-intensive products; and 3 "(3) establish fair, timely, impartial, and as 4 necessary confidential procedures by which the ex- 5 porter of any carbon-intensive product or any cov- 6 ered fuel may petition the Secretary to revise the 7 Secretary's determination of its border car bon fee 8 adjustment r efund calculated under section 9908( d). 9 "(f) SHIPMENTS FROM THE UNITED STATES TO THE 10 TERRITORIES OF THE UNITED STATES.-Notwith- 11 standing any other treaty, law, or policy, shipments of cov- 12 ered fuels or carbon-intensive products from the United 13 States to Guam, the United States Virgin Islands, Amer- 14 ican Samoa, Puerto Rico, and the Northern Mariana Is- 15 lands shall be eligible for a refund of the carbon fee under 16 section 9908(d). 17 "(g) IMPORTS TO 'l'HE TERRITORIES OF THE UNITED 18 STA'l'ES.-Notwithstanding any other treaty, law, or pol- 19 icy, imports of covered fuels or carbon-intensive products 20 to Guam, the United States Virgin Islands, American 21 Samoa, Puerto Rico, and the Northern Mariana Islands 22 shall not be subject to section 9908(c). •HR 2307 m 97 25 1 "SEC. 9910. ALLOCATION OF CARBON BORDER FEE ADJUST- 2 MENT REVENUES. 3 "The revenues co ll ected under this chapter may be 4 used to supplement appropriations made available in fiscal 5 years 2022 and thereafter- 6 "(1) to U.S. Customs and Border Protection, in 7 such amounts as are necessary to administer the 8 carbon border fee adj u stment, then 9 "(2) to the Green Climate Fund, created by de- 10 cision 3/CP.17 adopted a t the 17th Conference of 11 the Parties to the United Nation Framework Con- 12 vention on Climate Change held in Durban, Novem- 13 ber 28 to December 11 , 2011. 14 "SEC. 9911. TREATIES AND INTERNATIONAL NEGOTIA- 15 TIONS. 16 "(a) CoNFORi\'I.Ai'\!CE WITH I wrERNATIONAJ, TREA- 17 'l'IES.-In the case that the Appellate Body of the vVorld 18 Trade Organization; or any other authoritative inter- 19 national treaty interpreter, shall find any portion of the 20 carbon border fee adjustment under this ch apter to vio late 21 any treaty to which the United States i s a party, the Sec- 22 retary of State is authorized to alter t h at aspect of such 23 carbon border fee adjustment found to violate a treaty ob- 24 ligation so as to bring t h e carbon border fee adjustment 25 into co nfo rmance ·with international law. •HR 2307 lli 98 26 1 "(b) INTERNATIONAL NEGO'l'I.A'l'IONS.-The Con- 2 gTess finds the international mitigation of greenhouse gas 3 emissions to be of national importance. Therefore, the 4 CongTess encourages the Secretary of State, or the Sec- 5 retary's designee, to commence and comp lete negotiations 6 with other nations with the goal of forming treaties, envi- 7 ronmental agTeements, accords, partnerships or any other 8 instrument that effectively reduces global greenhouse gas 9 emissions to zero percent of 2010 levels by 2050 and 10 which respect the principle of common but differentiated 11 responsibilities and respective capabilities. 12 "(c) SUSPENSIO N OF THE CARBON BORDER FEE AD- 13 JUSTMEN'l' .-The Secretary may suspend the border car- 14 hon fee adjustment, in whole or in part- 15 "(1) when, in the determination of the Sec- 16 retary, a country has implemented greenhouse gas 17 mitigation policies sufficient to contribute to a glob al 18 n et reduction of greenhouse gas emissions to zero by 19 2050 . In making such determination, the Secretary 20 may partially suspend particular provisions of the 21 carbon border fee adjustment. In making the deter- 22 mination, the Secretary shall consult with the im- 23 porting country. In making the determination, the 24 Secretary shall fo llow a ll existing treaty obligations. •HR 2307 m 99 27 1 'rl1e Secretary shall review any carbon border fee ad- 2 justment suspension at least every 5 years, or 3 "(2) by treaty or other international agreement 4 that meets the criteria of section 9911(c)(l) and in- 5 eludes provisions for the suspension of the border 6 carbon fee adjustment.". 7 SEC. 4. ESTABLISHMENT OF THE CARBON DIVIDEND TRUST 8 FUND. 9 (a) IN GENERAL.-Subchapter A of chapter 98 of the 10 Internal Revenue Code of 1986 is amended by adding at 11 the end the following: 12 "SEC. 9512. CARBON DIVIDEND TRUST FUND. 13 "(a) E STABLISHMEN 'l' AND FUNDING.-There IS 14 hereby established in the Treasury of the United States 15 a trust fund to be known as the 'Carbon Dividend T111st 16 Fund', consisting of such amounts as may be appropriated 17 to such trust fund as provided for in this section. 18 "(b) '11 RA1~SFERS TO THE CARBON DIVIDEND TRU S'l' 19 FuND.-There is hereby appropriated to the Carbon Divi- 20 dend rrrust Fund amounts equal to the fees received into 21 the Treasury less any amounts r efunded or paid under 22 section 9902(d) or 9905 of chapter 101 for each month. 23 "(c) EXPENDITURES.-Amounts in the trust fund 24 shall be available for the following purposes: •HR 2307 Ill 100 28 1 "(1) ADMINISTRATIVE EXPENSES.-So much of 2 the expenses necessary to admini ster the Carbon 3 Dividend Trust Fund for each year, as does not ex- 4 ceed- 5 ''(A) in the case of the first 5 cal endar 6 years ending after the date of the enactment of 7 this section, the administrative expenses for any 8 year may not exceed 8 percent of amounts ap- 9 propriated to the Carbon Dividend Trust Fund 10 during such year, and 11 "(B) in the case of any cal endar year 12 thereafter, 2 percent of the 5-year r olling aver- 13 age of the amounts appropriated to the Carbon 14 Dividend Trust Fund. 15 "(2) OTHER ADMINISTRATIVE EXPENSES .-So 16 much of the expenses as are necessary to administer 17 chapter 101 for any year as does not to exceed 0 .60 18 percent of the amounts appropriated to the Carbon 19 Dividend 11 rust Fund for the previous year, and fur- 20 ther limited as fo llows: 21 "(A) The Department of the Treasury. 22 "(B) The Social Security Administration. 23 "(C) T he Environmental Protection Agen- 24 cy. 25 "(D) Department of State. •HR 2307 IH 101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 29 "(3) CARBON DIVIDEND PAYMENTS.- " (A) IN GENERAL.-From the amounts in the Carbon Dividend Trust Fund made avail- able under paragraphs (1) and (2) of this sub- section for any year, the Secretary shall for each month beginning no more than 270 days after the date of the enactment of the Energy Innovation and Carbon Dividend Act of 2021, make carbon dividend payments to each eligible individual. "(B) PRO -RA'l'A SHARE .-A carbon divi- dend payment is one pro-rata share for each adult, and half a pro-rata share for each child under 19 years old, of amounts available for the month in the Carbon Dividend Trust Fund. "(C) ELIGIBLE INDIVIDUAL.-rrhe term 'eligible individual' means, with respect to any month, any natural living person who has a valid Social Security number or taxpayer identi- fication number and is a citizen or lawful resi- dent of the United States (other than any indi- vidual who is a citizen of any possession of the United States and whose bona fide residence is outside of the United States). The Secretary is •HR 2307 IH 102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 authorized to verify an individual's eli g ibility to receive a carbon dividend payment. "(D) FEE TREATJ\IIBNT OF PAYlVIENTS.- Amounts paid under this subsection shall be in- cludib l e in gross income. "(E) FEDERAL PROGRAMS AND FEDERAL ASSIS'fED PROGR.AlVIS.-rrhe carbon dividend amount received by any individual shall not be taken into account as income and shall not be taken into account as resources for purposes of determining the eligibility of such individual or any other individual for benefits or assistance, or the amount or extent of benefits or assist- ance, under any Federal program or under any State or local program financed in whole or in part vvith Federal nmds. "(F) ADVAL"\TCE PAYlVIENT .-The Secretary shall transfer to the Carbon Dividend 11 rust Fund such amounts as are necessary for the disbursement of an advanced carbon dividend to all eligibl e individuals as fo ll ows: •HR 2307 IlI "(i) An advanced carbon dividend shall be the same as the anticipated first carbon dividend required to be distributed under s ubp aragraph (A) and shall be dis- 103 31 1 tributed the month prior to the first collec- 2 tion of the carbon fee . 3 "(ii) rrotal amounts disbursed as ad - 4 vanced carbon dividends shall be deducted 5 from the carbon dividends on a pro-rata 6 basis over the first 3 years after the dis- 7 bursement of the first carbon dividends. 8 " (cl) ADMINISTRATIVE AU'l'HORI'rY.-rrhe Secretary 9 shall promulgate rules, guidance, and r eg11lations useful 10 and necessary to implement the Carbon Dividend Trust 11 Fund. 12 "(e) ~SSIGNMEN'r OF BENEFITS.-'rhe right of any 13 person to any future payment under this chapter shall not 14 be transferable or assignable, at law or in equity, and none 15 of the moneys paid or payable or rights existing under 16 subsection (c)(3) shall be subject to execution, levy, at- 17 tachment, garnishment, or other legal process, or to the 18 operation of any bankruptcy or insolvency law.". 19 (b) CLERICAL AMENDMENT.-The table of sections 20 for subchapter A of chapter 98 of such Code is amended 21 by adding at the encl the following new item: "Sec. 9512 . Carbon Dividend 'l'l'ust Fund.". 22 SEC. 5. LIMITED DISCLOSURE OF INFORMATION. 23 Section 6103(1) of the Internal Revenue Code of 1986 24 is amended by adding at the encl the following new para- 25 graphs: •HR 2307 Ill 104 32 1 "(23) LIMITED DISCLOSURE OF IDENTl'l'Y IN- 2 FORMATION RELATING 'l'O CARBON DIVIDEND PAY- 3 MENTS.- 4 "(A) DEPARTMEN'l' OF TREASURY.-lndi- 5 vidual identity information shall, without writ- 6 ten request, be open to inspection by or disclo- 7 sure to officers and employees of the Depart- 8 ment of the Treasury whose official duties re- 9 quire such inspection or disclosure for purposes 10 of administering section 9512 (relating the Car- 11 bon Dividend Trust Fund). 12 "(B) COMMISSIONER OF SOCL-~ SECU- 13 RITY.-The Commissioner of Social Security 14 shall, on written request, disclose to officers 15 and employees of the Department of the rrreas- 16 ury individual identity information which has 1 7 been disclosed to the Social Security Adminis- 18 tration as is necessary to administer section 19 9512. 20 "(C) RES'l'RICTION ON DISCLOSURE.-ln- 21 formation disclosed under this paragraph shall 22 be disclosed only for purposes of, and to the ex- 23 tent necessary in, carrying out section 9512.". •HR 2307 m 105 33 1 SEC. 6. NATIONAL ACADEMY OF SCIENCES REVIEW OF CAR- 2 3 BON FEE AND EMISSIONS REDUCTION SCHEDULE. 4 (a) IN GE NERAL.-Not later than 5 years a-fter the 5 date of the enactment of this Act, the Secretary of Energy 6 shall enter into an agreement with the National Academy 7 of Sciences to prepare a report relating to the carbon fee 8 imposed by section 9902 of the Internal Revenue Code of 9 1986 and the emissions reductions schedule established 10 under section 9903 of such Code. 11 (b) REPORT REQUIREMEN'rs.-Such report shall- 12 ( 1) assess the efficiency and effectiveness of the 13 carbon fee in achieving the emissions reduction tar- 14 gets set forth in section 9903 of such Code; 15 (2) describe and make recommendations on 16 whether the carbon fee rate and annual increases 17 prescribed by section 9902(c) of such Code should 18 be adjusted in order to optimize the efficiency and 19 effectiveness of this Act in achieving the emissions 20 reduction targets set forth in section 9903 of such 21 Code; 22 (3) describe the potential of the carbon fee to 23 achieve future emissions targets set forth in section 24 9903(a) of such Code through the year 2050; 25 ( 4) describe and evaluate the effectiveness of 26 the carbon fee in reducing emissions from key sec- •HR 2307 III 106 34 1 tors of the economy, including sectors of the econ - 2 omy that have decreased their carbon emissions, sec- 3 tors of the economy that have increased their carbon 4 emissions, and sectors of the economy in which car- 5 bon emissions have not changed; 6 ( 5) make findings and recommendations to 7 Federal departments and agencies and to Congress 8 on actions that could be taken to reduce carbon 9 emissions in the sectors of the economy in which 10 carbon emissions have not decreased; 11 (6) make findings and recommendations on ad- 12 justing regulations enacted under the Clean Air Act 13 and other Federal laws that affect economic sectors 14 achieving the emissions reduction targets set forth in 15 section 9903 of such Code; and 16 (7) provide an assessment of any other factors 17 determined to be material to the program's effi - 18 ciency and effectiveness m achieving the goals set 19 forth in this Act. 20 (c) REPORT lVIADE PUBLICLY AV.tULABLE.-Not later 21 than one year after the review in subsection (a) has com- 22 menced, the Secretary of Energy shall submit to Congress 23 the report required under subsection (a). Such report shall 24 be made electronically available to the public and open to •HR 2307 Ill 107 35 1 public comment for at least 60 days before the final sub- 2 mission to Congress. 3 SEC. 7. IMPACT OF CARBON FEE ON BIOMASS USE AND 4 CARBON SINKS. 5 (a) STUDY OF BIOMASS.-The Secretary of Energy 6 shall enter into an agreement with the National Academy 7 of Sciences and the Administrator of the Environmental 8 Protection Agency to conduct a study, make recommenda- 9 tions, and submit a report regarding the impact of the 10 carbon fee on the use of biomass as an energy source and 11 the r esulting impacts on carbon sinks and biodiversity. 12 (b) STUDY REQUIREMEN'rs.-The study conducted 13 under subsection (a) by the National Academy of Sciences 14 shall include analysis, documentation, and determinations 15 on- 16 ( 1) the carbon fee and its impact on the use of 17 biomass as an energy source and gTeenhouse gas 18 em1ss10ns from the use of biomass as an energy 19 source; 20 (2) the impacts of the use of biomass as an en- 21 ergy source on carbon sinks and biodiversity; and 22 ( 3) the various types of biomass that are being 23 used as an energy source . 24 (c) RECOMiVIENDATIONS.-Based on the findings and 25 conclusions of the study, the National Academy of •HR 2307 Ill 108 36 1 Sciences shall make recommendations to Federal depart- 2 ments and agencies and to CongTess. The recommenda- 3 tions shall include an y ac tions t hat should be taken to 4 mitigate impacts of the carbon fee on- 5 ( 1) increasing gTee nhou se gas emissio n s from 6 the u se of bi omass as an en ergy source; and 7 (2) degradation of carbon sinks and biodiversity 8 relating to the use of biomass as an ene r gy source . 9 (cl) REPORT.-The National Academy of Sciences 10 shall prepare a report that includes any findings and rec- 11 ommenclations made pursuant to this section and, not 12 later than 18 months after the el ate of the enactment of 13 this Act, make su ch report electronic ally avail ab le to the 14 public. 15 SEC. 8. EFFECTIVE DATE. 16 The amendments made by this Act shall take effect 17 on the elate of the enactment of this Act, except the carbon 18 ·fee under section 9902 of the Internal R evenue Code of 19 1986 shall app ly to u ses, sales , or transfers no more than 20 270 clays after the date of the enactment of this Act. 21 SEC. 9. PRINCIPLE OF INTERPRETATION. 22 In the case of ambiguity , the texts of this statute and 23 its amending t e:A'ts shall be interpreted so as to a ll ow for 24 the most effective abatem ent of greenhouse gas em issi on s. •HR 2307 IH 109 37 1 SEC. 10. NO PREEMPTION OF STATE LAW. 2 (a) IN GENERAL.-Nothing in this Act shall preempt 3 or supersede, or be interpreted to preempt or supersede, 4 any State law or reg11lation . 5 (b) No PREEMP'I'ION OF S'I'ATE COl\fiVION LAW OR 6 STATUTORY CAUSES OF AC'l'ION.-Noting in this Act, nor 7 any standard, n1le, requirement, risk evaluation, or assess- 8 ment created or implemented pursuant to this Act, shall 9 be construed to preempt any State common law or State 10 statutory law creating a remedy for civil relief. 0 •HR 2307 Ill 110 City of Huntington Beach File #:21-511 MEETING DATE:7/6/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Travis K. Hopkins, Assistant City Manager Subject: Approve appointment to the Mobile Home Advisory Board (MHAB) as recommended by City Council Liaisons Kim Carr and Mike Posey Statement of Issue: The City Council is asked to approve one new owner member appointments to the Mobile Home Advisory Board. Financial Impact: Not applicable. Recommended Action: Approve the appointment of Chris Houser as an owner member of the MHAB , effective immediately through August 5, 2025. Alternative Action(s): Do not approve the appointment and direct staff accordingly. Analysis: The Mobile Home Advisory Board (MHAB) is an advisory body to the City Council that works on issues that may improve the quality of life in Huntington Beach’s 18 mobile home parks. The MHAB addresses these issues by providing a forum for communication among mobile home residents, park owners, and the City Council. The MHAB is comprised of nine members who equally represent mobile home park residents, park owners, and the Huntington Beach community at large. The MHAB has vacancies for two park owner members, with a third vacancy opening on July 25, 2021. The City duly advertised the vacancies and received two applications. City Council liaisons, Kim Carr and Mike Posey, interviewed the applicants and recommend appointing Chris Houser as an owner member. Mr. Houser has owned the Rancho Del Rey Mobile Home Estates on 16222 Monterey Lane for the past 5 years; he has also worked as the park operations manager for 15 years prior to becoming an owner. Should he be appointed, his term would become effective immediately and expire on August 5, 2025. City of Huntington Beach Printed on 6/30/2021Page 1 of 2 powered by Legistar™111 File #:21-511 MEETING DATE:7/6/2021 Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Application for Appointment - Chris Houser City of Huntington Beach Printed on 6/30/2021Page 2 of 2 powered by Legistar™112 Application for Appointment to a Citizen Commission, Board, Committee, or Task Force Page 1 Last Name *First Name *Middle Initial Date * Name of Board, Commission, Committee, or Task Force * Length of Residency in Huntington Beach * Occupation * United States Citizen?*Currently Serving on a City Board or Commission?* Home Address:* Phone Numbers Personal Type *(?)Number * Phone Numbers Business Type (?)Number Personal Email * Houser Chris 12/9/2020 Mobile Home Advisory Board N/A for this appointment. Mobile Home Park Owner/Operator Yes No Yes No City Fountain Valley State CA Postal / Zip Code Street Address Address Line 2 cell 113 Page 2 Educational Background * Professional Licenses and/or Associations * Professional Experience * Special Knowledge or Skills * Civic Interests and/or Service Memberships?* How will your qualifications best serve the citizen advisory group that you are applying for, and why do you wish to serve on this group?* It is the policy of the City Council to make appointments to the citizen commissions, boards, and committees, based on the needs of the city, as well as the interests and qualifications of each applicant. Selection will be made without discrimination based on the race, creed, gender, or sexual orientation of the applicant. Additional information concerning a particular commission, board, committee, or task force or the application process is available through the staff support department identified above. General questions can be directed to Cathy Fikes, (714) 536-5553. BA from Vanguard University, Business Administration Member of the Manufactured Housing Educational Trust (MHET) I have worked in the manufactured housing park industry for over 20 years and have been an owner/operator for the past 10 years. I have extensive experience managing all aspects of the daily operations within a mobile home park. This includes the operation of park utility systems, resident relations, park management and maintenance requirements within a mobile home park. N/A Currently, park owners are under represented on the board. I believe that my experience owning and operating a manufactured housing community in the city will help bring some perspective and insight to the board. I work with my park residents on a daily basis to help resolve their questions and concerns. I believe that I will be able to work with other members of the board to address issues involving mobile home communities. 114 City of Huntington Beach File #:21-464 MEETING DATE:7/6/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Julian Harvey, Interim Chief of Police Subject: Approve and authorize execution of a contract agreement with All City Management Services (ACMS), Inc. for Crossing Guard Services Statement of Issue: Approval of a three-year contract agreement with All City Management Services, Inc. (ACMS), to continue management of the crossing guard services. Financial Impact: The proposed contract sets the hourly rate for 3 hours per crossing guard at $21.97 / hour for Fiscal Year (FY) 2021/2022 ($367,777); $22.99 / hour for FY 2022/2023 ($384,852); and $23.79 / hour for FY 2023/2024 ($393,244). Adequate funds are available in account 10070210.69505 in FY 2021/2022. Subsequent years will be budgeted accordingly. Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Agreement Between the City of Huntington Beach and All Cities Management Services Inc. for Crossing Guard Services” for a three- year term beginning on June 30, 2021. Alternative Action(s): Do not approve the proposed contract and direct staff accordingly. Analysis: The City Council approved the current Crossing Guard Services contract with All City Management Services in May 2018. The term of agreement expired on June 18, 2021. During the current contract with All City Management Services, Inc. (ACMS), the police department has had no adverse issues with their services. In order to maintain a safe, cost-effective, and successful crossing guard program, the Police Department recommends the City continue to contract with ACMS to provide adult crossing guard services. We have proposed a three-year contract agreement with ACMS with the ability to amend the project if mutually agreed to in writing by the Chief and Contractor. The contract requires a City of Huntington Beach Printed on 6/30/2021Page 1 of 2 powered by Legistar™115 File #:21-464 MEETING DATE:7/6/2021 general liability insurance policy, worker’s compensation coverage, and a hold harmless agreement. The Police Department also recommends continuing the existing crossing guard locations within the City. ACMS currently supplies thirty-one crossing guards at twenty-nine locations/intersections within the City of Huntington Beach. The City reserves the right to alter, add, or delete locations based on future needs. The City performed a competitive bidding process, reviewing and rating proposals from three service providers, including ACMS. The Police Department recommends the City continue crossing guard service with ACMS. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Contract Agreement with All City Management Services, Inc., including Exhibit A, “Statement of Work,” and Exhibit B, “Payment Schedule” City of Huntington Beach Printed on 6/30/2021Page 2 of 2 powered by Legistar™116 117 118 119 120 121 122 123 124 125 126 127 City of Huntington Beach File #:21-489 MEETING DATE:7/6/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Chris Slama, Director of Community & Library Services Subject: Approve and authorize execution of a new Cooperative Agreement between the Orange County Transportation Authority (OCTA) and the City of Huntington Beach for Senior Mobility Program (SMP) transportation services Statement of Issue: The existing Cooperative Agreement No. C-1-2475 between the Orange County Transportation Authority (OCTA) and the City for the provision of senior mobility transportation services expired on June 30, 2021. There is now a need to enter into a new Cooperative Agreement with the OCTA to continue to receive Senior Mobility Program (SMP) funding. Financial Impact: The grant award amount varies annually based on actual Renewed Measure M (M2) funds and the City’s senior population. In Fiscal Year (FY) 2021-22, the estimated grant amount is $235,264 with a corresponding estimated 20% match of $47,053. Historically, the 20% match obligation has been met through the annual Hoag Memorial Hospital Presbyterian grant award program. These estimated funds have been included in the FY 2021-22 budget in accounts 96345512 and 10345502 and are appropriated annually. Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Cooperative Agreement Between the Orange County Transportation Authority and the City of Huntington Beach for Senior Mobility Program.” Alternative Action(s): Do not approve the agreement and direct staff to reduce transportation service levels accordingly. Analysis: In 1998, OCTA initiated a pilot Senior Mobility Program, which provided transit subsidies and Older Americans Act funding to allow cities to develop locally designed and operated senior transportation programs to meet local needs. Huntington Beach was one of six cities that participated in the pilot City of Huntington Beach Printed on 6/30/2021Page 1 of 2 powered by Legistar™128 File #:21-489 MEETING DATE:7/6/2021 project. In 2001, the OCTA Board approved a ten-year Senior Mobility Program, which provided senior transportation funding to the City of Huntington Beach through June 30, 2011, for the “Surf City Seniors on the Go!” senior transportation program. This program was created to address the growing number of older adults in Orange County who are in need of dependable, affordable transportation. The “Surf City Seniors on the Go!” senior transportation program provides curb-to-curb transportation services for Huntington Beach seniors 60 years of age and older to doctor’s offices, shopping centers, social services, and the senior center, providing an average of 32,000 trips annually. In 2011, the City of Huntington Beach entered into a new five-year Cooperative Agreement with OCTA to continue to provide transportation services for seniors, which expired on June 30, 2016. In 2016, an Amendment to the City’s 2011 agreement was approved by the OCTA Board to continue the program through June 30, 2021. This agreement has now expired, creating the need to enter into a new Cooperative Agreement with OCTA. OCTA has requested that the City Council approve the attached Cooperative Agreement. Upon City execution, OCTA will fully execute and assign a new agreement number. The initial term of the new agreement will extend from July 1, 2021, through June 30, 2026, and may be renewed by OCTA for an additional 5 years through June 30, 2031. The original Cooperative Agreement C-1-2475 has been attached for comparison; however, there are no substantial changes between the original agreement and the new cooperative agreement. Environmental Status: Not applicable. Strategic Plan Goal: Community Engagement Attachment(s): 1. Cooperative Agreement between Orange County Transportation Authority and City of Huntington Beach for Senior Mobility Program. 2. Cooperative Agreement No. C-1-2475 between the Orange County Transportation Authority and the City of Huntington Beach, with Amendment 1. City of Huntington Beach Printed on 6/30/2021Page 2 of 2 powered by Legistar™129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 City of Huntington Beach File #:21-494 MEETING DATE:7/6/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Chris Slama, Director of Community & Library Services Subject: Approve and authorize execution of an Amendment to the Service Agreement between the City of Huntington Beach and MacKay Meters, Inc., for purchase of additional Single/Double Space Parking Meters Statement of Issue: There is a need to amend the current service agreement with MacKay Meters, Inc., due to the purchase of 24 additional MacKay smart meters. Financial Impact: Funding for the parking meter purchase in the amount of $25,436 is encumbered as part of the Fiscal Year (FY) 2021/22 Parking Meter General Fund account 10045203. Sufficient funds for the additional annual service fees ($2,784) are also available in the FY 2021/22 Parking Meter General Fund account 10045203. Recommended Action: A) Approve the purchase of two one-space and 22 two-space MacKay parking meters; and, B) Approve and authorize the Mayor to execute the “Amendment for Addition of Single/Double- Space Parking Meters” to the Gateway/Hosting/Notification Service Agreement between the City of Huntington Beach and MacKay Meters, Inc. Alternative Action(s): Do not approve the recommended actions and direct staff accordingly. Analysis: The City’s current service agreement with MacKay Meters, Inc., is for 65 one-space and 375 two- space on-street meters. While this initial purchase covered replacing the majority of the City’s meters, certain areas are still in need of upgraded equipment, including parking spaces on 2nd Street in the downtown area. Staff would like to expand the City’s smart meter inventory and associated credit card payment technology, and is recommending the additional purchase of two (2) one-space City of Huntington Beach Printed on 6/30/2021Page 1 of 2 powered by Legistar™154 File #:21-494 MEETING DATE:7/6/2021 and twenty-two (22) two-space meters in the amount of $25,436. These additional meters will replace existing standard, coin-only meters on 2nd Street, and will increase customer service and convenience. The additional annual service fees associated with the purchase total $2,784, which can be absorbed within the City’s existing parking meter budget. Environmental Status: Not applicable. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Amendment for Addition of Single/Double-Space Parking Meters Gateway/Hosting/Notification Service Agreement between the City of Huntington Beach and MacKay Meters, Inc. 2. Gateway/Hosting/Notification Service Agreement between the City of Huntington Beach and MacKay Meters, Inc. City of Huntington Beach Printed on 6/30/2021Page 2 of 2 powered by Legistar™155 156 157 158 159 160 161 162 163 164 165 166 167 City of Huntington Beach File #:21-502 MEETING DATE:7/6/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Travis K. Hopkins, Assistant City Manager Subject: Approve and authorize execution of Amendment No. 1 to an Agreement with Tripepi Smith and Associates for Cablecasting Services for City Council and Planning Commission Meetings Statement of Issue: Under a two-year agreement, Tripepi Smith and Associates provides cablecasting services to air live and recorded City Council and Planning Commission Meetings, and provide as-needed technical support to operate HBTV Channel 3. The City’s agreement with Tripepi Smith is set to expire this month, and Amendment No. 1 would extend the agreement by an additional year for up to $65,000. Financial Impact: Sufficient funds for this one-year extension ($65,000) are available in the Fiscal Year 2021-2022 Operating Budget, using PEG funds in Business Unit 24330101. These funds will finance technical support and audio-visual staffing for both regular and special meetings of the City Council and Planning Commission. Should the Amendment be approved, the total not-to-exceed amount for this agreement will increase from $150,000 (for the initial two-year contract) to $215,000. Recommended Action: Approve and authorize the Mayor and City Clerk to execute,“Amendment No. 1 to Agreement Between the City of Huntington Beach and Tripepi Smith and Associates for City Council and Planning Commission Cablecasting Services.” Alternative Action(s): Do not approve Amendment No. 1 and direct staff accordingly. Analysis: Following the City’s transition from the joint Public Cable Television Authority (PCTA) to the City-run HBTV Channel 3, staff issued a Request for Proposal for cablecasting services in March 2019 and selected Tripepi Smith and Associates as the most qualified provider. Both parties entered into a two -year agreement for up to $150,000 or approximately $75,000 each year, which expired on June 2, 2021. City of Huntington Beach Printed on 6/30/2021Page 1 of 2 powered by Legistar™168 File #:21-502 MEETING DATE:7/6/2021 During this two-year period, Tripepi Smith provided services that included: replacement of aging audio-visual equipment, implementation of modernized TV programming software, troubleshooting broadcasting issues with Spectrum and Frontier, technical support to broadcast live and recorded video feed, and audio-visual (AV) staffing for regular and special meetings of the City Council and Planning Commission. Tripepi Smith currently provides similar services to the cities of Bellflower, Culver City, and Indian Wells. Amendment No. 1 proposes to extend the agreement by an additional year at a cost of up to $65,000. The cost of the extension is lower compared to the initial two years of service, as HBTV is entering its third year of operations, which requires less maintenance and initial investments than were overseen by Tripepi Smith. Environmental Status: Not applicable. Strategic Plan Goal: Community Engagement Attachment(s): 1. Amendment No. 1 to Agreement with Tripepi Smith 2. Agreement with Tripepi Smith City of Huntington Beach Printed on 6/30/2021Page 2 of 2 powered by Legistar™169 170 171 172 173 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TRIPEPI SMITH & ASSOCIATES FOR CITY COUNCIL & PLANNING COMMISSION MEETING CABLECAST SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as CITY," and Tripepi Smith & Associates, a California Corporation hereinafter referred to as CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide City Council & Planning Commission meeting cablecast services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Ryder Todd Smith who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 19-7678/204873 agree/ surfnet/professional svcs mayor 1 of 11 5/19-204082 174 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on June 3 , 2019 (the "Commencement Date"). This Agreement shall automatically terminate two (2) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than Two (2) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A."This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Hundred Fifty Thousand Dollars ($150,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 19-7678/204873 agree/ surfnedprofessional svcs mayor 2 of 11 5/19-204082 175 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 19-7678/204873 agree/ surfnet/professional svcs mayor 3 of 11 5/19-204082 176 CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars 1,000, 000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance 19-7678/204873 agree/ surfnet/professional sves mayor 4 of 11 5/19-204082 177 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two 2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and 19-7678/204873 agree/ surfnet/professional svcs mayor 5 of 11 5/19-204082 178 C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 19-76781204873 agree/ surfnet/professiona[ sues mayor 6 of 11 5/19-204082 179 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: 19-7678/204873 agree/ surfnet/professional svos mayor 7 of 11 5/19-204082 180 TO CITY: City of Huntington Beach ATTN: Antonia Graham 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Ryder Todd Smith PO Box 52152 Irvine, CA 92619 626) 536-2173 ryder@tripepismith.com When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 19-7678/204873 agree/ surfnet/professionaf sves mayor 8 of 11 5/I9-204082 181 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 19-7678/204873 agree/ surfnedprofessional Svcs mayor 9 of 11 5/19-204082 182 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing parry shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27, SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this I9-7678/204873 agree/ surfrnet/professional svcs mayor 10 of 11 5/19-204082 183 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, Ryder Todd Smith TRIPEPI SMITH & ASSOCIATES By: IzS-r4 print name ITS: ( circle one) Chairman/President/Vice President AND By: 6PAILA print name ITS: ( circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California q4- 144. City Clerk 7/-21lq hC INITIATED AND APPROVED: REVIE ED AND APPROVED: Inoterim City Manager APPROV nASSORM: ity Attorney T 19- 7678/204873 agree/ surfnet/professional svcs mayor 11 of 11 5/ 19-204082 184 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Produce and direct live public City Council and Planning Commission Meetings in the Huntington Beach City Council Chamber and provide technical support for related equipment and systems. The regular meetings of the City Council are held on the Ist and 3rd Monday of each month beginning at 4:00 p.m. (Study Session followed by City Council at 6:00 p.m.) the Planning Commission meets the 2nd and 4th Tuesday of the month beginning at 6:00 p.m. *Study Session followed by Planning Commission at 7:00 p.m.). The Consultant should have in-depth knowledge of Council Chamber Audio Visual (AV) technologies and a minimum of five years of working experience with Council Chamber AV systems, producing/directing live Council Meetings, and should be fluent in operating the switcher as well as programming. The Consultant should be experienced at operating video cameras as well as other control room equipment to successfully produce this live cablecast. The Consultant should have the expertise needed to troubleshoot television production equipment including but not limited to routers, equipment, and headend problems in addition to having the ability to resolve these issues in a timely fashion to ensure live telecast deadlines are met. Additionally, the City may request the Consultant to assist with taping/recording of other large meetings/events that are hosted in the Council Chambers (e.g. Huntington Beach Police Department Awards/Meetings, Town Hall Events, etc.). While not filmed "live" these meetings/events are later cable casted onto Channel 3. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Provide staff (number of employees/staff to be determined by the City and can be changed based on meeting needs) to run cameras, direct meetings on the switcher, tape -op, and coordinate roll -ins with staff. Create all applicable graphics as per the current agenda for the City Council and Planning Commission Meetings utilizing necessary software and systems. Provide two scheduled playbacks from the server on HB Channel 3. Meetings must be encoded live onto a server for playback. Consultant should have extensive experience at troubleshooting single path issues in a digital production studio. Create one (1) labeled DVD Master for each meeting. Maintain one (1) labeled DVD copy in the City Manager's Office. Prepare and manage digital media requested to be rolled in during a Council Meeting. When the City Council is in Closed Session, run an outer screen noting the Closed Session status with an interior window view of the Bulletin Board or other specified content. Arrive at least two hours prior to the start of any scheduled meeting and test each microphone and all studio equipment. Ensure proper audio feed from microphones with Crestron control system. Perform equipment checks prior to each meeting, providing enough time to resolve potential issues before the meeting is started. Ensure live feed of HB Channel 3 through Granicus Media manager website at all times. 1 Exhibit A 185 C. CITY'S DUTIES AND RESPONSIBILITIES: The CITY shall work collaboratively with the CONSULTANT to identify appropriate staff members to work with CONSULTANT to advance the goals of the City Council. D. WORK PROGRAM/PROJECT SCHEDULE: The Consultant will have two (2) years from contract approval to complete the Statement of Work. 2 Exhibit A 186 Exhibit B EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B 187 Exhibit B Monthly Services Random AV Fix Issues TOTAL Per Month 4,935.00 425.00 Transition Training & Preparation $1,145.00 Incident Review $800 Item Subtotals 12 $59,220.00 6 6 4 ESTIMATED TOTAL THROUGH JUNE 30, 2020 2,550.00 6,870.00 3,200.00 71,840.00 TOTAL AMOUNT NOT TO EXCEED $150, 000 Exhibit B 188 Exhibit B EXHIBIT B Avg Meeting Prep per Post Total Hours/ Monthly Planning Commission Rate Time meeting Meeting Total Meetings Month Month Rates Subtotal Onsite Staff: Video Production 70.00 1 2 1 4 2 8 70.00 560.00 Video Production 70.00 1 1 1 3 2 6 70.00 420.00 Senior AV Tech 212.50 0 0 2 0 212.50 0.00 980.00 Avg Meeting Prep per Post Total Hours/ Monthly City Council Meetings Rate Time meeting meeting Total Meetings/ Month Month Rates Subtotal Onsite Staff Video Production 70.00 3 1 1 6 2 12 70.00 840.00 Video Production 70.00 3 1 1 6 2 12 70.00 840.00 Senior AV Tech 212.50 2 2 2 4 212.50 850.00 2,530.00 Unanticipated Fix / Hours per Monthly Support on AV RATE month Subtotal Item Senior AV Tech 212.50 2 425.00 TOTAL Per Month Subtotals Monthly Sennces 4,935.00 12 59,220.00 Random AV Fix issues 425.00 6 2,550.00 Hours per Monthly Transition Training & Preparation 1,145.00 6 6,870.00 Project Management RATE month Subtotal Business Analyst 95.00 15 1,425.00 Incident Rer4ew 800 4 3,200.00 ESTIMATED TOTAL THROUGH JUNE 30, 2020 71,840.00 Transition Training and Preparation RATE Hours TOTAL Principal 250.00 1 250.00 Business Analyst 95.00 2 190.00 Video Production Camera Operator 70.00 2 140.00 Video Production Camera Operator & Tech 70.00 2 140.00 Senior AV Tech 212.50 2 425.00 1,145.00 Exhibit B 189 l 2 3 4 5 8 7 8 g 10 l 12 13 4 15 16 17 18 19 20 Zl 22 23 4 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND IRlPEPI8MITH & ASSOCIATES FOR CITY COUNCIL &PLANNING COMMISSION MEETING CABI.IlCAST SERVICES Table ofContents ScopeofServices ..................................................................................................... CityStaff Assistance ................................................................................................ 2 Term; Time ofPerformance ..................................................................................... 2 Compensation ^^^—'----'—'-'^^^''----'--'----''^~^^'--'--'--'—'~- ExtraWork ............................................................................................................... 2 Method of Payment -------..---...........—~----.-----.----..3 Disposition ofPlans, Estimates and Other Documents ........................................... 3 Hold Harmless —.----.----.----.-.-------..--------_---..3 Professional Liability loouranoc.---.-...........-..--..------.----- 4 CertifivateofInsurance ............................................................................................ 5 Independent Contractor ............................................................................................ h Termination of Agreement ........—...-.--.--.--------------.......6 Assignment and Delegation —.------------..---.--.--.------6 7 City Employees and Officials .................................................................................. 7 Notices......................................................................................... 7 Consent.................................................................................................................... @ Modification ........................................ ... .................................................................. & Section Headings ----------------------.-.—.-^------_..0 Interpretation of this Agreement ------.........—.-------------_.. 8 Duplicate Original ...--.-------.---.---------.--...^.^..--_./} Immigration ..............................'''.........'...........'......'......'.......................'.........''...''. 9 Legal Services Subcontracting Prohibited ................................................................ 9 Fees.......................................................................................................... lO Survival..................................................................................................................... l0 GoverningLaw ......................................................................................................... l0 S---.-........-------......—....—.......----...-----.l0 Entirety .-------.—...._....,..--.—.----.--.--------_.......-10 190 TRIPSMI-01 CERTIFICATE OF LIABILITY INSURANCE F E DAT6(MMIDD/YYW) 6/6/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER License # OG19762 Cp HT CT NAM Ash Williams Momentous Insurance Brokerage Inc 5990 Sepulveda Blvd., #550 Van Nuys, CA 91411 jafco,"ro, Exti: (818 933-9879 PA/c, No):(818) 933-2285 E M 1 ADI Rhss: INSURERS AFFORDING COVERAGE NAIC # INSURER A: I loyd's INSURED INSURERS: INSURER C : Tripep! Smith & Associates P.O. BOX 52152 Irvine, CA 92619 INSURER D INSURER E INSURER F : COVERAGES CERTIFICATE NUMRFR- REVISION NI IMRFG• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADOL SUER POLICY NUMBER POLICY EFP POLfCYEXPLTRLIMITS COMMERCIAL GENERAL LIABILITY MADE OCCURCLAIMSen EACH OCCURRENCE DAMAGPREMISETOES ERENT D ce S MED EXP (Any one arson S PERSONAL & ADV INJURY S GENLAGGREGATE LIMIT APPLIES PER: POLICY JE O- LOC GENERAL AGGREGATE PRODUCTS - COMPfOP AGG S OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT a a1,11N BODILY INJURY Perperson) ANYAUTOOWNED SCHEDULED AUTOS ONLY AUTOSSWNE AUTOSONLYAU1OSONL° PROVED AS T OFORM SOOILY INJURY Par accident f PF tOF`g Y MACE areeccenlS UMBRELLA LIAe EXCESS LJA6 HCLA(MS-MADE OCCUR B MICtfAEL E. GATES CITY ATTORNEY EACH OCCURRENCE S AGGREGATE s DEC) RETENTIONS en 6W4.INT1NGTON BEACH WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANYPR' ROPRIIETORIPARNEWS ECUTIVE Mandatory In NHI If yes, descrtbe under DESCRIPTION OF OPERATIONS below N/ A I PER OTH- E. L. EACH ACCIDENT f E. L. DISEASE - EA EMPLOYEE S E. L. DISEASE - POLICY LIMIT A Errors & Omissions X W226EE190201 41V2019 4/11Yd20 Aggregate 2,000,000 Each Loss 1,000,000 Retention 2,S00 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, AddlUonai Remarks Schedule, may be attached if more space In required) This Is a claims -made and reported policy. Defense costs and claims expenses are paid from the policy limit and subject to the retention amount. The City of Huntington Beach, Its officers, elected or appointed officials, empioyees, agents, and volunteers are hereby named Additional Insured but only as respects to claims arising out of the Named Insured's wrongful acts as covered by the policy. City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE eek 4 ACORD 25 (2016103) C 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 191 Effective date of this Endorsement: 06-Jun-2019 This Endorsement is attached to and forms a part of Policy Number: W22SEE190201 Syndicate 2623/623 at Lloyd's. referred to in this endorsement as either the "Insurer" or the Underwriters" AMEND DEFINITION OF ADDITIONAL INSURED This endorsement modifies insurance provided under the following: AFB MEDIA TECH® In consideration of the premium charged for the Policy, it is hereby understood and agreed that Clause VI. DEFINITIONS A. is amended to include: Additional Insured(s) El Toro Water District City of Saratoga City of Cupertino City of Lomita and its appointed officers, officials, employees, agents and volunteers City of Walnut and its officers, officials, employees and agents City of Santa Ana The City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers All other terms and conditions of this Policy remain unchanged. 21. Authori d Representative E06620 Page 1 of 1 122014 ed. 192 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 714) 536-5227 • www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk July 2, 2019 Tripepi Smith & Associates Attn: Ryder Todd Smith P.O. Box 52151 irvine, CA 92619 Dear Mr. Smith: Enclosed is a fully executed duplicate original of the "Professional Services Contract between the City of Huntington Beach and Tripepi Smith & Associates for City Council Planning Commission Meeting Cablecast Services" approved by the Huntington Beach City Council on June 3, 2019. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan Waitakere, New Zealand 193 CITY OF HUNTINGTON BEACH Professional Service Approval Form FEB 2 6 2019 PART4 Date: 2/26/2019 Project Manager Name: Antonia Graham Requested by Name if different from Project Manager: Department: City Manager PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: The City will be exiting the joint powers authority - Public Cable Television Authority (PCTA) and will be in need of video production services for the broadcasting and taping of City Council, Plannii and other meetings deemed necessary by the City Council Communications Committee. 2) Estimated cost of the services being sought: $ 50,000 3) Are sufficient funds available to fund this contract? ® Yes No If no, please explain: L C C C MC D F____. MAR 4 2019 Office of the City Manager 4) Check below how the services will be obtained: A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. MC 3.03. 08(b) — Other Interagency Agreement procedure will be utilized. MC 3.03. 08 — Contract Limits of $30,000 or less exempt procedure will be utilized. 5) Is this contract generally described on the list of professional service contracts approved by the City Coun ' . If the answer to this question is "No," the contract will require approval from the City Council.) Yes No Fisca Services Manager Signature (Purchasing Approval) Date 6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted Please note that a budget check will occur at the object code level): Account number Contractual Dollar Amount Business unit. object # Fiscal Year 19/20 Fiscal Year 20/21 Fiscal Year 21 /22 Fiscal Year 24330101.69505 50000 50000 50000 Budget Approval rtment Head Signature(s) hief Financial Officer Signature Assistant City Manager's Signature APPROVED] DENA)[ Date Date Date S ti D'ate T/4-r nager's Signature video production part 1 REV: February 2015 Date 194 City of Huntington Beach File #:21-498 MEETING DATE:7/6/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Chris Slama, Director of Community & Library Services Subject: Approve the Artwork Design and Location for the Huntington Central Park Public Art Installation as approved by the Design Review Board (DRB) Statement of Issue: On December 7, 2020, City Council authorized the execution of a Professional Services Contract between the City of Huntington Beach and RDG Art Studio for the design and installation of a public art piece. There is now a need for City Council to approve the design and location of the Huntington Central Park Public Art installation, which was approved by the Design Review Board on June 10, 2021. Financial Impact: Funding in the not-to-exceed amount of $300,000 was approved as part of the City Council action on December 7, 2020, and is currently encumbered in the Public Art in Parks Fund 236, account 23645001. Recommended Action: Approve the design and location for the Huntington Central Park Public Art installation, as approved by the Design Review Board on June 10, 2021. Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: At the September 21, 2020 City Council meeting, the City Council authorized Mayor Semeta to appoint an ad-hoc Huntington Central Park Public Art Committee (Committee) to help develop a scope of services for a Request for Proposals (RFP), review the proposals, and recommend to the City Council the final artist selection, artwork, and location. The Committee was subsequently formed, comprised of two City Council members, three community members, and two staff. The RFP was open for submittals from October 19 through November 13, 2020, and eleven artists City of Huntington Beach Printed on 6/30/2021Page 1 of 3 powered by Legistar™195 File #:21-498 MEETING DATE:7/6/2021 responded. The proposals were reviewed by the Committee, and the top five ranking artists were invited to participate in interviews. After interviewing all five top candidates, the Committee unanimously agreed to recommend RDG Art Studio (RDG) as the most qualified artist to commission the artwork for the public art installation in Huntington Central Park. On December 7, 2020, the City Council authorized the execution of a Professional Services Contract between the City of Huntington Beach and RDG. On January 28, 2021, RDG conducted a virtual town hall meeting and survey to collect feedback from the community regarding uses of the park space, and visioning for an iconic art piece within Huntington Central Park. Stakeholders including the Secret Garden, Tree Society, HB Art League, Huntington Harbour Art Association, the Central Park Collaborative, and various Central Library groups were invited to attend, in addition to an open call to the public. The virtual town hall and survey were made available for residents to access for two weeks. RDG worked closely with the Committee during 2021, and presented two conceptual designs for consideration. As described in the RFP, the iconic public artwork is original, community and artist generated, and harmonizes with and respects the integrity of the unique architecture of the Central Library and natural aesthetic of Huntington Central Park. On June 10, 2021, the Design Review Board approved the final concept presented by the Committee and RDG. The artwork will be titled “To See Yourself In Nature…,” and is comprised of two 13’ tall pillars situated in a serpentine configuration. The concave side of each pillar will have reflective qualities constructed of hand-treated stainless steel. The convex side of each pillar will be made of etched brass and include enlarged imagery of a butterfly wing. Large boulders used for seating will be locally sourced in California, and there will be subtle up-lighting elements installed. The overall footprint of the artwork will be approximately 384 sq. ft. The artwork is proposed to be installed east of the Secret Garden, accessible from the existing walking path, and visible from the reading deck of Central Library. The Design Review Board issued a Notice of Action and Conditions of Approval, including that the artist must ensure the stainless steel side of the art piece will not create any glare that may negatively impact the surrounding area, and that the artwork must be maintained in good appearance at all times. Additionally, the City Attorney’s Office conducted an analysis of Measure C and determined that Measure C does not apply. Staff is recommending the approval of the public art design as approved by the Design Review Board. Upon approval, RDG will begin to fabricate the art piece, with estimated completion of installation to be in the spring of 2022. Environmental Status: The art piece is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b) (3) of the CEQA guidelines because there is no potential for the art piece to have a significant effect on the environment. Strategic Plan Goal: City of Huntington Beach Printed on 6/30/2021Page 2 of 3 powered by Legistar™196 File #:21-498 MEETING DATE:7/6/2021 Community Engagement Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and RDG Art Studio 2. Notice of Action from the Design Review Board No. 21-004 City of Huntington Beach Printed on 6/30/2021Page 3 of 3 powered by Legistar™197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 ATTACHMENT NO. 1 CONDITIONS OF APPROVAL DESIGN REVIEW NO. 21-004 RECOMMENDED CONDITIONS OF APPROVAL - DESIGN REVIEW NO. 21-004 1. Concept/Layout No. 2 of the site plan and elevations received and dated May 27, 2021 shall be the conceptually approved design. 2. The artist shall ensure that the stainless steel side of the art piece will not create any glare that may negatively impact the surrounding area. 3. The public art installation shall be maintained in good appearance at all times. Any evidence of vandalism/graffiti, weathering, or disrepair shall be immediately repaired or replaced. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney’s fees and costs against the City or its agents, officers, or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in defense thereof. 236 City of Huntington Beach File #:21-512 MEETING DATE:7/6/2021 Submitted by Councilmember Moser - Direction that staff begin work on developing Huntington Beach’s Sustainability Master Plan I recommend that the City Council vote to direct the City Manager to begin work on creating a Citywide Sustainability Master Plan, which should incorporate and prioritize protection of our local environment, advancement of our common economic interests, expansion of community health / wellbeing programs, and elevation of equity and inclusion efforts. City of Huntington Beach Printed on 6/30/2021Page 1 of 1 powered by Legistar™237 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: NATALIE MOSER, CITY COUNCIL MEMBER DATE: JULY 6, 2021 SUBJECT: DIRECTION THAT STAFF BEGIN WORK ON DEVELOPING HUNTINGTON BEACH’S SUSTAINABILITY MASTER PLAN Over the years, the City of Huntington Beach has engaged many sustainability initiatives through policy development and programmatic efforts. From instituting solar power projects, to installing energy efficient LED streetlights, to supporting climate action policies that protect our beaches, to encouraging development of electric vehicle charging stations – there are numerous sustainability efforts that have been coordinated in our community. However, as part of our adopted 2021 City Council workplan, we prioritized assessing the viability of developing a sustainability / climate action plan. That particular item was identified in recognition of the fact that while the City does have a myriad of existing policies, programs, and practices in place, our efforts Citywide are fairly disparate and disconnected. If we are to prioritize sustainability, we should look to inspire forward-looking initiatives, and we should consider such initiatives holistically. Any plan we create should present a roadmap to developing Huntington Beach as a truly sustainable City, and should reflect an understanding that a whole system approach is needed to address the following core sustainability elements: • Protection of our local environment • Advancement of our common economic interests • Expansion of community health and wellbeing programs • Elevation of equity and inclusion efforts RECOMMENDED ACTION I recommend that the City Council vote to direct the City Manager to begin work on creating a Citywide Sustainability Master Plan, which should incorporate and prioritize protection of our local environment, advancement of our common economic interests, expansion of community health / wellbeing programs, and elevation of equity and inclusion efforts. 238 City of Huntington Beach File #:21-513 MEETING DATE:7/6/2021 Submitted by Councilmember Posey - Direct staff to prepare the necessary documents to terminate Huntington Beach’s existing COVID-19 Local Emergency Declaration I recommend that the City Council vote to direct the City Manager to prepare for consideration the documents necessary to terminate Huntington Beach’s current COVID-19 local emergency declaration. City of Huntington Beach Printed on 6/30/2021Page 1 of 1 powered by Legistar™239 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: MIKE POSEY, CITY COUNCIL MEMBER DATE: JULY 6, 2021 SUBJECT: DIRECT STAFF TO PREPARE THE NECESSARY DOCUMENTS TO TERMINATE HUNTINGTON BEACH’S EXISTING COVID-19 LOCAL EMERGENCY DECLARATION On March 16, 2020, the City Council authorized the declaration of a local emergency in light of the COVID-19 crisis. That decision built on the March 4, 2020, determination of Governor Gavin Newsom to declare a State of Emergency as part of California’s response to the pandemic. At the time, the determination was necessary in order to streamline decision making processes, protect the health and safety of the community, and position Huntington Beach to access Federal and State funding as part of our local response to the COVID-19 emergency. After more than a year of pandemic induced restrictions, on June 15, Governor Newsom ended its COVID-19 Blueprint for a Safer Economy, which in effect fully reopened the California economy. Today, all business sectors, save for large-scale special events, have been allowed to return to normal business operations. Given our current situation, I am requesting that the City Council vote to direct the City Manager to prepare the documents necessary to terminate Huntington Beach’s current COVID-19 local emergency declaration. RECOMMENDED ACTION I recommend that the City Council vote to direct the City Manager to prepare for consideration the documents necessary to terminate Huntington Beach’s current COVID-19 local emergency declaration. 240