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HomeMy WebLinkAbout2021-07-20 Agenda Packet-Revised AGENDA - *Revised City Council/Public Financing Authority Tuesday, July 20, 2021 Closed Session – 5:00 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, Fire TV 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 form 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. 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 20, 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. Page 1 of 7 City Council/Public Financing Authority 5:00 PM - COUNCIL CHAMBERS CALL TO ORDER ADMINISTER OATH OF OFFICE AGENDA - Revised July 20, 2021 City Clerk Estanislau to administer the Oath of Office to newly appointed member of the City Council ROLL CALL Peterson, , Delgleize, Carr, Posey, Moser, Kalmick City Attorney Michael Gates has requested permission to be absent pursuant to City Charter Section 309(d) ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3-Minute Time Limit) - At approximately 5:00 PM, individuals wishing to provide a comment on item(s) scheduled for 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. RECESS TO CLOSED SESSION CLOSED SESSION 1. 21-521 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of cases, three (3). 2. 21-527 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). Page 2 of 7 City Council/Public Financing Authority AGENDA - Revised July 20, 2021 3. 21-547 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of Litigation (Government Code § 54956.9(d)(4)) Orange County Council of Governments v. Gustavo Velasquez, et al. Los Angeles Superior Court, Central District Case No. 21STCP01970 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Peterson, , Delgleize, Carr, Posey, Moser, Kalmick City Attorney Michael Gates has requested permission to be absent pursuant to City Charter Section 309(d) 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. 4. 21-452 Maha Ragab of the Muslim Community, HB and member of the Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 5. 21-497 Mayor Carr to call on Coach Ryan Parker and the Marina High School Boys Volleyball to recognize their accomplishment as CIF Champs 6. 21-528 Mayor Carr to present the Mayor’s HB Excellence Award to Mike Dean, Building Inspector III, Community Development Department 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). Page 3 of 7 City Council/Public Financing Authority AGENDA - Revised July 20, 2021 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. COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT 7. 21-525 Crime Statistics: Update CONSENT CALENDAR 8. 21-523 Approve and Adopt Minutes Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated July 6, 2021, as written and on file in the office of the City Clerk . 9. 21-484 Approve and authorize execution of Professional Services Contracts for On-Call Grant Writing and Administration Consulting Services with Advanced Avant-Garde, Inc., Engineering Solution Services, KOA Corporation, and Villa Civil, APC Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract Between the City of Huntington Beach and Advanced Avant-Garde Corporation, for On-Call Grant Writing and Administrative Consulting Services,” in an amount not to exceed $250,000; and, B) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract Between the City of Huntington Beach and Engineering Solutions Services for On-Call Grant Writing and Administrative Consulting Services,” in an amount not to exceed $250,000; and, C) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract Between the City of Huntington Beach and KOA Corporation for On-Call Grant Writing and Administrative Consulting Services,” in an amount not to exceed $250,000; and, D) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Page 4 of 7 City Council/Public Financing Authority AGENDA - Revised July 20, 2021 Contract Between the City of Huntington Beach and Villa Civil, APC, for On-Call Grant Writing and Administrative Consulting Services,” in an amount not to exceed $250,000. 10. 21-493 Approve and authorize execution of Professional Services Contracts for On-Call Architectural Engineering Services with Johnson Favaro, Kitchell, PBK-WLC, Studio One Eleven, and Westberg White Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute , “Professional Services Contract Between the City of Huntington Beach and Johnson Favaro for On-Call Architectural Engineering and Professional Consulting Services,” in an amount not to exceed $2,000,000; and, B) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract Between the City of Huntington Beach and Kitchell/CEM, Inc. for On-Call Architectural Engineering and Professional Consulting Services,” in an amount not to exceed $1,000,000; and, C) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract Between the City of Huntington Beach and PBK-WLC for On-Call Architectural Engineering and Professional Consulting Services,” in an amount not to exceed $1,000,000; and, D) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract Between the City of Huntington Beach and RDC-S111, Inc. dba Studio One Eleven for On-Call Architectural Engineering and Professional Consulting Services ,” in an amount not to exceed $1,000,000; and, E) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract Between the City of Huntington Beach and Westberg White, Inc. for On-Call Architectural Engineering and Professional Consulting Services,” in an amount not to exceed $1,000,000. 11. 21-492 Approve and authorize execution of Amendment No. 1 to the Agreement Between the City of Huntington Beach and Central Net Operations/Joint Powers for Fire Emergency Training Services Recommended Action: Approve and authorize the Mayor and City Clerk to execute, “Amendment No. 1 to the Agreement Between the City of Huntington Beach and Central Net Operations/Joint Powers for Fire Emergency Training Services.” 12. 21-520 Approve and authorize execution of Amendment No. 1 to Page 5 of 7 City Council/Public Financing Authority AGENDA - Revised July 20, 2021 Cooperative Agreement No. C-3-1845 with Orange County Transportation Authority (OCTA) for Project V Community Based Transit/Circulators Recommended Action: Approve and authorize the Mayor and City Clerk to execute , “Amendment No. 1 to Cooperative Agreement No. C-3-1845 Between Orange County Transportation Authority and the City of Huntington Beach for Project V Community Based Transit/Circulators (Project No. 14-HBCH-CBT-3743).” 13. 21-524 Approve and authorize execution of Amendment No. 3 to Professional Services Contract with Goal Productions for On-Call Video Production Services for HBTV Channel 3 Recommended Action: Approve and authorize the Mayor and City Clerk to execute, “Amendment No. 3 to Professional Services Contract Between the City of Huntington Beach and Goal Productions, Inc. for On-Call Video Production Services.” 14. 21-529 Approve and authorize execution of a Ground Lease Agreement with the Ocean View School District of Orange County regarding the Oak View Library Branch and Parking Lot Site Recommended Action: Approve and authorize the Mayor and City Clerk to execute, “Ground Lease Agreement between the City of Huntington Beach and Ocean View School District of Orange County RE: Oak View Library Branch and Parking Lot Site.” 15. 21-541 Accept the lowest responsive and responsible bid and authorize execution of a construction contract with J&A Engineering Corporation (J&A Fence) in the amount of $1,096,227 for the Bluff Top Park Railing Project, CC-1631 Recommended Action: A) Accept the most responsive and responsible bid submitted by J&A Fence in the amount of $1,096,227; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. *17. 21-550 Approve an appointment to the Mobile Home Advisory Board (MHAB) Page 6 of 7 City Council/Public Financing Authority AGENDA - Revised July 20, 2021 Recommended Action: Approve the appointment of Vickie Talley as an Owner Member of the MHAB effective immediately through August 5, 2025. ADMINISTRATIVE ITEMS 16. 21-531 Approve Middle Income Housing Program by adopting Resolution No. 2021-43 and Resolution No. 2021-44; Authorize the City Manager to enter into Public Benefit Agreements and execute Middle-Income Housing Program agreements, and determine that these actions are not subject to the California Environmental Quality Act Recommended Action: A) Adopt Resolution Nos. 2021-43 and 2021-44 approving, authorizing , and directing execution of joint exercise of powers agreements relating to the CMFA Special Finance Agency VII and VIII (collectively the “Agency”) supporting the Agency’s issuance of bonds for the production, preservation, and protection of essential middle-income rental housing (“Middle-Income Housing Program”); and, B) Authorize and direct the City Manager to enter into Public Benefit Agreements, substantially in the form attached, with the Agency, which may result in the City receiving surplus revenue from the future sale of the Projects; and , C) Authorize and direct the City Manager to execute related documents and take any additional actions that may be required to implement the Middle-Income Housing Program; and, D) Determine that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3) , because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and it is not a "project" pursuant to Section 15378(b)(5) of the State CEQA Guidelines. COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, August 3, 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 Page 7 of 7 City Council/Public Financing Authority AGENDA - Revised July 20, 2021 http://www.huntingtonbeachca.gov City of Huntington Beach File #:21-521 MEETING DATE:7/20/2021 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of cases, three (3). City of Huntington Beach Printed on 7/14/2021Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:21-527 MEETING DATE:7/20/2021 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 7/14/2021Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:21-547 MEETING DATE:7/20/2021 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of Litigation (Government Code § 54956.9(d)(4)) Orange County Council of Governments v. Gustavo Velasquez, et al. Los Angeles Superior Court, Central District Case No. 21STCP01970 City of Huntington Beach Printed on 7/14/2021Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:21-452 MEETING DATE:7/20/2021 Maha Ragab of the Muslim Community, HB and member of the Huntington Beach Interfaith Council City of Huntington Beach Printed on 7/14/2021Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:21-497 MEETING DATE:7/20/2021 Mayor Carr to call on Coach Ryan Parker and the Marina High School Boys Volleyball to recognize their accomplishment as CIF Champs City of Huntington Beach Printed on 7/14/2021Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:21-528 MEETING DATE:7/20/2021 Mayor Carr to present the Mayor’s HB Excellence Award to Mike Dean, Building Inspector III, Community Development Department City of Huntington Beach Printed on 7/14/2021Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:21-525 MEETING DATE:7/20/2021 Crime Statistics: Update City of Huntington Beach Printed on 7/14/2021Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:21-523 MEETING DATE:7/20/2021 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 regular meeting minutes of July 6, 2021, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated July 6, 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): July 6, 2021 CC/PFA regular meeting minutes City of Huntington Beach Printed on 7/14/2021Page 1 of 1 powered by Legistar™ Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, July 6, 2021 4:00 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 or, Virtual via Zoom Webinar 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 — 4:01PM ROLL CALL Present: Peterson (arrived 5:15 pm), 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 that were received by her office following distribution of the Council Agenda packet: Study Session #1 (21-504) PowerPoint Communication titled Middle Income Housing Opportunity in Huntington Beach submitted by Community Development Director, Ursula Luna-Reynosa. PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3-Minute Time Limit) — None STUDY SESSION 1. 21-504 Middle Income Housing Opportunity in Huntington Beach City Manager Oliver Chi introduced Director of Community Development Ursula Luna-Reynosa, assisted by Janice Eckles, Administrative Analyst Principal and Charles Kovac, Housing Manager who presented a PowerPoint communication titled Middle Income Housing Opportunity in Huntington Beach with slides entitled: January Strategic Planning Session, What Is Middle Income Housing financed with Essential Government Bonds?, Public Benefit Valuation, Investment Opportunity to Create Public Equity, Steps to Move Forward, Partners, and Questions? Via Zoom from Hawaii, Director Luna-Reynosa introduced Mr. Ben Barker, Financial Advisor, California Municipal Finance Authority (CMFA), the Joint Powers Authority purchasing said assets; Catalyst (Asset Manager) representatives Founder Jordan Moss and Allison Arnold, Partnerships Manager; and Orrick Council/PFA Regular Meeting July 6, 2021 Page 2 of 13 (Bond Counsel) representative Partner Justin Cooper, who were all available to answer Council questions. Director Luna-Reynosa stated that this project would provide 676 Moderate Income Units. Mayor Pro Tem Delgleize confirmed with staff that a full-time property manager would be on site, current tenants would not be forced out, any qualified residents may remain, and there would be no time limit on length of residency. Mayor Pro Tem Delgleize and Jordan Moss, Catalyst Founder, discussed details related to resident qualifications to ensure they are paying no more than thirty percent (30%) of their income for rent, and some of the differences between a new housing development vs. converting existing housing. Councilmember Posey described the Oceania development on Beach Boulevard as a model for addressing low-income needs, and stated his support for this plan to keep people working, living and spending in Huntington Beach. Mr. Barker, Financial Advisor with CMFA, added that this program would provide an avenue for upward movement for those currently in low-income housing. Councilmember Kalmick confirmed that the County calculates Area Median Income (AMI), and discussed with Mr. Barker that CMFA is a government agency that returns the project equity back to the City. In addition, Mr. Barker explained that fifty percent (50%) of bond fees are distributed back to the community (split in half between the City and City-recommended non-profits). City Manager Chi and Director Luna-Reynosa confirmed the model presented, compared to other models considered by staff, is the best way to achieve middle-income housing in a fiscally responsible manner. Mayor Carr and Jordon Moss of Catalyst discussed what is lost versus gained when converting property to middle-income housing, and the types of decisions the City will make during the process. Mayor Carr asked if there is a limitation on real estate investments, and City Manager Chi clarified that there is a difference between the City's investment portfolio and creating middle-income housing units. City Manager Chi confirmed that real estate investment is permissible as long as the investment is used for public benefit such as creating middle-income housing units, and stated this program is a viable, conservative and safe way to also create future returns. Councilmember Posey and Jordon Moss discussed there may be a wash between the amount of property tax lost and the additional discretionary spending that may result from those paying reduced rents. Mayor Carr stated her support for moving ahead, appointed Mayor Pro Tem Delgleize, and accepted Councilmember Posey's offer to serve on the Ad Hoc committee. RECESSED TO CLOSED SESSION FOR ITEMS 2 – 3 — 4:34 PM A motion was made by Delgleize, second by Posey to recess to Closed Session for Items 2 and 3. With no objections the motion passed. CLOSED SESSION 2. 21-505 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). Council/PFA Regular Meeting July 6, 2021 Page 3 of 13 3. 21-510 PUBLIC EMPLOYEE PERFORMANCE EVALUATION. (Paragraph (1) of subdivision (b) of Section 54957.) Name/Title: Oliver Chi, City Manager. 6:00 PM - COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:02 PM ROLL CALL Present: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember Posey 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. 4. 21-451 Pat Goodman of the Self-Help Interfaith Program and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY — None AWARDS AND PRESENTATIONS 5. 21-486 Mayor Carr called on Victoria Alberty to present the "Adoptable Pet of the Month" Ms. Alberty introduced Dana with SAFE Rescue Team and Cashew, a small 9-year-old very “chill” dog that likes long walks, is a good eater, and loves to cuddle. Further details on Cashew can be found at https://saferescueteam.org. 6. 21-401 Mayor Carr proclaimed July as National Parks and Recreation Month and presented a proclamation to Chris Slama, Director of Community and Library Services Mayor Carr stated the City has over 75 parks comprising over 753 acres and 190 playgrounds providing many options for healthy lifestyles, and introduced a short video titled Parks Make Life Better!, that documents the many ways people use community park and recreation services. Director Chris Slama thanked Council for the recognition, and stated the celebration is more meaningful this year coming out of the COVID-19 pandemic for the return of organized summer programs. 7. 21-453 Mayor Carr presented the Mayor’s HB Excellence Award to Elisabeth Ferguson, Senior Accounting Technician, Finance Department Mayor Carr explained winners of the Mayor's HB Excellence Award are nominated by their co-workers considering the City’s core values of humility, social awareness, passion, exceptionality, and integrity and team orientation. Elisabeth was described as someone who emulates the core values, and always with a smile. Council/PFA Regular Meeting July 6, 2021 Page 4 of 13 Chief Financial Officer Dahle Bulosan described the extra effort Elisabeth provided this past year with the challenges of COVID-19 to ensure the community was served, while also training staff on a major system upgrade. Elisabeth expressed her gratitude for the recognition. 8. 21-509 Mayor Carr presented 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 Mayor Carr described the Making a Difference Award, which recognizes selflessness, volunteerism, and exceptional community service to acknowledge unsung heroes in Huntington Beach. Mayor Carr introduced Robyne and described some of the services that Robyne's Nest provides to create a path to high school graduation for at-risk youth. Robyne thanked the Council for the recognition, and expressed appreciation to the many community members who have stepped forward as volunteers, donors and Board members to bring her vision to reality. 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 #9 21-506 PowerPoint communication titled Huntington Beach 4th of July, submitted by Interim Police Chief Harvey. Consent Calendar #10 (21-483) Memo received from City Clerk, Robin Estanislau, advising of a revision to the June 15, 2021 minutes. #11 (21-501) Email received from John Martin regarding Climate Change Input to Huntington Beach IRC. #12 (21-511) Email received from Mary Jo Baretich regarding the proposed appointment of Chris Houser to the Mobile Home Advisory Board. #13 (21-464) Email received from Chris MacDonald regarding the proposed agreement with All City Management Services (ACMS), Inc. for Crossing Guard Services. Administrative Items #17 (21-498) PowerPoint Presentation titled Huntington Central Park Public Art Installation submitted by Director of Community & Library Services, Chris Slama. Councilmember Items #18 (21-512) Email received from G. Victor Leipzig regarding the proposed creation of a Citywide Sustainability Master Plan. #19 (21-513) Thirty-two (32) emails received regarding the current State of Emergency. Council/PFA Regular Meeting July 6, 2021 Page 5 of 13 PUBLIC COMMENTS (3-Minute Time Limit) — 14 In-Person and 4 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. Amory Hanson, a member of the Huntington Beach Historic Resources Board, was called to speak and stated his appreciation for being able to meet in person for the July Historic Resources Board meeting. Mr. Hanson also stated his support for Councilmember Item No. 19 (21-513) regarding terminating Huntington Beach's COVID-19 Local Emergency Declaration. (01:12:35) Jenny Braithwaite was called to speak and thanked the July 4th Executive Board for a very successful celebration. Ms. Braithwaite also stated her support for Councilmember Item No. 18 (21-512) regarding developing a Huntington Beach Sustainability Master Plan. (01:14:07) Anthony Gerovese was called to speak and shared his proposal for using drones to help address the issue of illegal fireworks in Huntington Beach. (01:15:30) Cari Swan was called to speak and stated her opinion that the open City Council position belongs to the next runner-up, Gracey Van Der Mark. Ms. Swan also expressed her disappointment that Former Councilmember Jill Hardy, who termed out last Fall, has submitted her application in an apparent disregard for the rules. Ms. Swan also stated her opposition to Councilmember Item No. 18 (21-512) for developing a Huntington Beach Sustainability Master Plan. (01:17:48) Michelle Perelman, a 20-year resident of Huntington Beach, was called to speak and stated her opinion that the open City Council position belongs to the voters and asked the Council to appoint the next runner-up, Gracey Van Der Mark. (01:20:26) Bella Brannon was called to speak and stated her support for Councilmember Items No. 18 (21-512) regarding developing a Huntington Beach Sustainability Master Plan, and Item No. 19 (21-513) regarding terminating Huntington Beach's COVID-19 Local Emergency Declaration. (01:23:43) Cheryl Horeczko, a 25-year resident of Huntington Beach, was called to speak and stated her opposition to the City officially promoting the LGBQT community and shared her opinion such support just contributes to the confusion, mental instability and anxiety of young children and teens. (01:25:16) Maureen was called to speak and shared photos of crude oil coming out of the ground onto the sidewalk in front of the apartments at 220 Oswego Avenue. She reported this as a safety issue and asked City Council to email her their plan of action to remediate this dangerous situation. Mayor Carr asked her to complete a blue card for follow-up. (01:27:30) Avery Counts, Constituent Services Manager for Orange County 2nd District Supervisor Katrina Foley, and resident of Huntington Beach, was called to speak and congratulated Huntington Beach for the incredible 4th of July celebrations, including the 103rd birthday party for Mrs. Helen Smith; invited the business community to participate in the Veterans Workforce Development Program which provides grants to hire veterans; and announced there will be continued COVID-19 clinics in the Oak View community. OC Supervisor Foley may be reached through avery.counts@ocgov.com or by calling 714- 559-8364. (01:30:49) Ceason Baker was called to speak and expressed her disappointment regarding past actions by Councilmembers Moser and Kalmick on land use decisions that appear to conflict with the intentions of Councilmember Item No. 18 - Develop a Sustainability Master Plan. She also encouraged Council to listen to the residents and not just follow their own personal agendas. (01:32:38) Council/PFA Regular Meeting July 6, 2021 Page 6 of 13 Russell Neal, a resident of Huntington Beach, was called to speak and shared his disappointment in the Council's failure to authorize the lawsuit by City Attorney Gates concerning the Regional Housing Needs Assessment (RHNA) made by Southern California Association of Government (SCAG), and noted residents are watching Council's actions in how they handle the current Council vacancy. (01:34:57) Kayle Briles, a resident of Huntington Beach, was called to speak and stated his support for the appointment of local business owner Dom Jones to fill the vacant City Council seat. (01:37:25) Kathryn March, a local business owner, was called to speak and stated her support for the appointment of local business owner Dom Jones to fill the vacant City Council seat. (01:38:55) Roger Noor, a resident of Pomona, was called to speak and described vandalism to his car in Huntington Beach and lack of response from Police Department personnel to his follow-up calls. (01:40:25) Call-in speaker Buzz McCord was invited to speak and stated his support for Councilmember Item No. 18 (21-512) regarding developing a Huntington Beach Sustainability Master Plan, and encouraged Council to follow the process in the City Charter to fill the Council vacancy with someone who has proven deliberative, constructive and administrative skills. (01:44:04) Call-in speaker Lisa Swanson, a southeast Huntington Beach resident, was invited to speak and stated her support for Councilmember Item No. 18 (21-512) regarding developing a Huntington Beach Sustainability Master Plan, and added her opinion that though not specifically listed, climate change issues should be an important part of the plan. (01:46:08) Call-in speaker Craig Preston, a resident of Costa Mesa, was invited to speak and stated support for Consent Calendar Item No. 11 (21-501) C) regarding support for HR 2307 (Deutch) – Carbon Dividend Trust Fund. (01:47:41) Call-in speaker Katie, a life-long resident and Huntington Beach business owner, was invited to speak and congratulated everyone involved in the successful 4th of July celebrations. She also stated her support for following the process described in the City Charter to fill the vacant Council position, her opposition to appointing Gracey Van Der Mark, and support for flying the Pride LGBQT flag. (01:49:06) COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Kalmick reported meeting with the Huntington Beach Municipal Teamsters (HBMT), Huntington Beach Police Officers' Association (HBPOA), Short-Term Rental Ad Hoc Committee, and Southern California Association of Government (SCAG) Energy and Environmental Committee (EEC). Councilmember Posey reported meeting with the HBPOA, Orange County Vector Control, Orange County Power Authority (OCPA), and Orange County Council of Governments (OCCOG), which voted to support a lawsuit against Housing and Community Development (HCD) on the calculations used for Regional Housing Needs Assessment (RHNA) numbers. Councilmember Posey explained if the lawsuit is successful, it might result in a minor adjustment to the numbers. Mayor Pro Tem Delgleize reported attending a meeting of the Orange County Transportation Authority (OCTA) Taxpayer Oversight Committee, which selected Huntington Beach resident Mark Kizzar as the newest member for OCTA District 2. Council/PFA Regular Meeting July 6, 2021 Page 7 of 13 Councilmember Moser reported meeting with the HBPOA, and attending meetings of the Homeless Task Force and Huntington Beach Central Park Collaborative. Councilmember Carr reported meeting with the HBPOA, attending meetings of Orange County Sanitation District (OCSD), Intergovernmental Relations Committee (IRC), Short-Term Rental Ad Hoc Committee, and Communications Committee. CITY MANAGER’S REPORT 9. 21-506 Recap of 4th of July Police Department Response Activities & Planned Operational Adjustments to Enhance Response Protocols City Manager Chi introduced Interim Police Chief Harvey and Fire Chief Haberle who jointly presented a PowerPoint communication titled HBPD 4th of July with slides entitled: 4th of July Preparations, 4th of July Activity: Overview, 4th of July: Calls for Service, 4th of July: MyHB Reporting, 4th of July: Weekend Enforcement, Weekend HB Fire Calls for Service, Planned & Unplanned Events (2), HBPD Organizational Changes, HBPD Special Operations Division, and Questions? Interim Police Chief Harvey and Fire Chief Haberle provided an overview of the preparations and actions taken to ensure public safety during 4th of July holiday celebrations, including the use of drones. Councilmember Posey complimented both Interim Police Chief Harvey and Fire Chief Haberle for their planning, response and deployment over the long weekend, and shared some of his personal observations. Councilmember Kalmick and Interim Police Chief Harvey discussed how calls for service are prioritized, and confirmed that citizen pictures and videos of illegal activity are helpful for follow-up. Interim Police Chief Harvey stated that at times of peak fireworks activity, the volume of calls creates a holding pattern that unfortunately cannot be avoided, but each call is recorded. Interim Police Chief Harvey confirmed that the Police Department organizational changes described was presented as information to document the Department's thoughtful analysis of service delivery and to fulfill his responsibilities. Mayor Carr expressed appreciation to Interim Police Chief Harvey, Fire Chief Haberle and the July 4th Executive Board for a successful and family-friendly event. Mayor Carr and Interim Police Chief Harvey discussed drone use to assist not only with on-the-spot response, but also to gather information used for next year's pre-event community outreach. CONSENT CALENDAR Councilmember Posey pulled Item 11. (21-501) for further discussion. 10. 21-483 Approved and Adopted Minutes A motion was made by Kalmick, second Delgleize to 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, approve and adopt the City Council/Public Financing Authority regular meeting minutes dated June 15, 2021, (as amended by Supplemental Communication) 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 Council/PFA Regular Meeting July 6, 2021 Page 8 of 13 NOES: None 11. 21-501 Approved positions on legislation pending before the State and Federal Legislature, as recommended by the Intergovernmental Relations Committee (IRC) Councilmember Posey pulled this item to state his opposition to Item C – (HR 2307) – Carbon Dividend Trust Fund. Councilmember Peterson stated his opposition to Item C – (HR 2307) – Carbon Dividend Trust Fund. A motion was made by Carr, second Posey to 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; and C) Support HR 2307 (Deutch) - Carbon Dividend Trust Fund The motion carried by the following vote: AYES: A), B) Peterson, Delgleize, Carr, Posey, Moser, and Kalmick NOES: C) Peterson, Posey 12. 21-511 Approved appointment to the Mobile Home Advisory Board (MHAB) as recommended by City Council Liaisons Carr and Posey A motion was made by Kalmick, second Delgleize to approve the appointment of Chris Houser as an owner member of the MHAB, effective immediately through August 5, 2025. The motion carried by the following vote: AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None 13. 21-464 Approved and authorized execution of a contract agreement with All City Management Services (ACMS), Inc. for Crossing Guard Services A motion was made by Kalmick, second Delgleize to 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. The motion carried by the following vote: AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None 14. 21-489 Approved and authorized 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 A motion was made by Kalmick, second Delgleize to 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." The motion carried by the following vote: AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None Council/PFA Regular Meeting July 6, 2021 Page 9 of 13 15. 21-494 Approved and authorized 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 motion was made by Kalmick, second Delgleize to approve the purchase of two one-space and 22 two-space MacKay parking meters; and, 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. The motion carried by the following vote: AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None 16. 21-502 Approved and authorized execution of Amendment No. 1 to an Agreement with Tripepi Smith and Associates for Cablecasting Services for City Council and Planning Commission Meetings A motion was made by Kalmick, second Delgleize to approve and authorize the Mayor and City Clerk to execute, "Amendment No. 1 to Agreement between the City of Huntington Beach and Tripepi Smith and Associates for City Council and Planning Commission Cablecasting Services." The motion carried by the following vote: AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None ADMINISTRATIVE ITEMS 17. 21-498 Approved the Artwork Design and Location for the Huntington Central Park Public Art Installation as approved by the Design Review Board (DRB) City Manager Chi introduced Former Mayor Lyn Semeta, and Director of Community and Library Services Chris Slama who presented a PowerPoint communication titled Huntington Central Park Public Art Installation with slides entitled: Project Timeline (4), Initial Study Models and Research (2), Project Narrative, Location and Scale (4), "To See Yourself in Nature..." Daytime View (3), "To See Yourself in Nature..." Evening View (2), Staff Recommendation, and Questions? Mayor Carr thanked the Design Review Board and especially Former Mayor Semeta for their perseverance during this time of virtual concept reviews, discussions and decisions, which resulted in approval of this exciting project. Mayor Pro Tem Delgleize stated her support for this iconic piece of art and thanked Former Mayor Semeta and the Board. Councilmember Posey expressed his appreciation to Former Mayor Semeta for the exciting project, and for clearly describing the source of funding. Councilmember Moser stated her hope that this project is just the beginning of public art in the City's public spaces. Council/PFA Regular Meeting July 6, 2021 Page 10 of 13 Mayor Carr thanked Ashley Wysocki, Deputy Director of Community and Library Services, for her outstanding support during this process. A motion was made by Peterson, second Delgleize to approve the design and location for the Huntington Central Park Public Art installation, as approved by the Design Review Board on June 10, 2021. The motion carried by the following vote: AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None COUNCILMEMBER ITEMS 18. 21-512 Approved Item Submitted by Councilmember Moser — Direct staff to begin work on developing Huntington Beach’s Sustainability Master Plan Councilmember Moser introduced her item by sharing concerns she believes can best be addressed through a climate action plan. She stated her discovery that the City is actually doing a number of things, but at the present time, these efforts are disconnected from each other. She shared her intent to see a sustainable master plan, or a holistic and whole-system approach, to encourage a prosperous and healthy community. Councilmember Posey stated his support for this item for practical, pragmatic and economic reasons, and described past projects when there was a Sustainability Manager on staff. Councilmember Peterson expressed his opinion that usually sustainability plans urbanize a community and create higher housing costs, which seems counterintuitive to the Council’s current efforts to reduce housing costs. He also stated this effort is too broad in his opinion, and his concern it could create more unnecessary and expensive government restrictions. Councilmember Moser responded that ultimately Council is responsible to improve the quality of life and wellbeing of the entire community, which takes pro-active and comprehensive planning. Councilmember Peterson stated he is a supporter of personal responsibility, rather than supporting more government regulations. Mayor Pro Tem Delgleize stated support for Councilmember Posey's remarks that the City has been working on sustainability for some time, and added she views this effort as creating options, rather than requirements, for sustainability. Councilmember Kalmick stated his opinion that there is a collective responsibility related to issues like the rising sea level, and added that it makes economic sense for the City to have a sustainable program that ensures services are provided in the most efficient manner. He further described some of the City's existing sustainable policies, which are found throughout the General Plan, and stated he sees this item as a method to draw the policies together, which is expected to also enhance qualifying for funding resources. Mayor Carr stated she sees this effort as creating an umbrella to consolidate existing sustainability efforts to save and make money for the City. Mayor Carr and Councilmember Moser discussed that at the moment it is not known if a consultant will be needed during the process, and the intention is to direct staff to help determine available options. Council/PFA Regular Meeting July 6, 2021 Page 11 of 13 City Manager Chi confirmed that if Council approves this item, staff would act by reviewing existing policies and report back to Council on options for moving forward. A motion was made by Moser, second Delgleize to recommend that the City Council 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. The motion carried by the following vote: AYES: Delgleize, Carr, Posey, Moser, and Kalmick NOES: Peterson 19. 21-513 Approved Item Submitted by Councilmember Posey – Direct staff to prepare the necessary documents to terminate Huntington Beach’s existing COVID-19 Local Emergency Declaration Councilmember Posey introduced his item by describing the circumstances which resulted in the creation of the Emergency Declaration, and stated this item follows Governor Newsom's June 15, 2020, action to end the State's Blueprint for a Safer Economy, fully re-open California's economy, and return to normal business operations. Mayor Pro Tem Delgleize and City Manager Chi discussed the fact there is a potential ability to be eligible for future related cost reimbursement if the COVID-19 Local Emergency Declaration remains in effect, and terminating the Emergency Declaration will eliminate the possibility of reimbursement. City Manager Chi stated that under current circumstances there is not expected to be a financial impact for Huntington Beach. Councilmember Moser stated her support for this item, and her expectation that residents will continue to follow all Orange County Health Department COVID-19 safe guidelines. Mayor Carr discussed with City Manager Chi her concerns that a COVID-19 variant might escalate and costs may be incurred for potential operational changes. Councilmember Posey stated this action is expected to provide an offsetting financial impact due to increased sales and occupancy taxes. Mayor Carr stated she doesn't believe approval of this item will suddenly open the floodgates for visitors, as the influx of visitors this past 4th of July weekend is evidence to her that a lot of people don't care whether the City has an operational Emergency Declaration or not. Council Moser and City Manager Chi discussed that if the COVID-19 situation changes, and with actual findings of impact, it would be possible to make a new emergency declaration. City Manager Chi stated that most area cities are not yet terminating their Emergency Declarations just because of the off chance the pandemic situation may change. He added that in evaluating the percentage of people vaccinated in California and Orange County, the chance of incurring additional reimbursable expenses is pretty low. A motion was made by Peterson, second Posey to direct the City Manager to prepare for consideration the documents necessary to terminate Huntington Beach's current COVID-19 local emergency declaration. The motion carried by the following vote: Council/PFA Regular Meeting July 6, 2021 Page 12 of 13 AYES: Peterson, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None COUNCILMEMBER COMMENTS (Not Agendized) Mayor Pro Tem Delgleize reported that Orange County Transportation Authority (OCTA) would be rolling out a free bus ride pilot program for ages 6 to 18 from September 2021 through February 2022. Councilmember Posey reported attending Vista View Middle School's 8th Grade Promotion, Association of California Cities - Orange County's (ACC-OC) Mayors' Summer Reception, HB 4th of July Kick-Off Meeting Preview, Main Street Kick-Off Party, and viewing the 4th of July Car and Vehicle Parade from the comfort of his front yard on Main Street. Councilmember Peterson reported he was the Master of Ceremonies for the 56th Annual Ms. Huntington Beach Rose Garden Ceremony where Queen Mara James planted a Royal Twilight rose. He thanked Sand Dollars for continuing to make this pageant possible, as well as Mayor Carr, Mayor Pro Tem Delgleize and City Clerk Estanislau for attending the ceremony. Councilmember Moser reported meeting with City management and Central Library staff to evaluate use of some space at Central Library for teens and display of art; speaking at the Mesa View Middle School 8th Grade Promotion ceremony; discussions with the Director of Public Works and disabled community members about pedestrian and bike mobility planning; attending most of the July 4th events; and helping to serve orders at Downtown Sweet Elle Cafe. Councilmember Kalmick reported attending most of the 4th of July events, including the Downtown Fair, and expressed his appreciation to everyone who had a part in the successful weekend, especially the 4th of July Executive Board. Mayor Carr reported attending the 56th Annual Ms. Huntington Beach Rose Garden Ceremony; the HB Auto Dealers lunch where $60,000 was distributed to local charities; Ribbon Cutting for Matter of Craft Bottle Shop, Tap Room & Scratch Kitchen; inaugurating a Mayor's Lunch for all Former Mayors who are not currently serving on the Council; and attending most of the 4th of July events. Mayor Carr introduced a short video highlighting the Huntington Beach July 4th Celebration, and thanked the 4th of July Executive Board, Community Services, HB Police and Fire Departments, and Marine Safety staffs for such a successful weekend. Mayor Carr announced that Huntington Beach came in as #1 in the United States and California with Wallet Hub for City Services, and #20 for all services. ADJOURNMENT — 8:50 PM to a Special Meeting on Friday, July 9, 2021, at 8:00 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 Council/PFA Regular Meeting July 6, 2021 Page 13 of 13 __________________________________________ 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 City of Huntington Beach File #:21-484 MEETING DATE:7/20/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Sean Crumby, Director of Public Works Subject: Approve and authorize execution of Professional Services Contracts for On-Call Grant Writing and Administration Consulting Services with Advanced Avant-Garde , Inc., Engineering Solution Services, KOA Corporation, and Villa Civil, APC Statement of Issue: The Public Works Department requires professional grant writing and administrative services on an on-call or as-needed basis to prepare and administer grant applications for federal,state,regional, and local funding opportunities.Consultants will conduct research to identify grant resources that support the City’s funding needs and priorities;provide community outreach services,including developing community involvement strategies;and coordinate with funding agencies on post-award procedures, project delivery, funding requests, quarterly reporting, and labor compliance. Financial Impact: The City’s Fiscal Year (FY) 2021/22 Capital Improvement Program (CIP) Budget was adopted on June 1, 2021, and totals $39.3 million (All Funds) for approved projects citywide. Each approved CIP project has a budget containing sufficient funding for project administration and other required costs. The four recommended contracts, totaling $1.0 million, will be funded out of the CIP or department operating budget, as needed. As such, no additional funding is required by this action. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract Between the City of Huntington Beach and Advanced Avant-Garde Corporation, for On-Call Grant Writing and Administrative Consulting Services,” in an amount not to exceed $250,000; and, B) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract Between the City of Huntington Beach and Engineering Solutions Services for On-Call Grant Writing and Administrative Consulting Services,” in an amount not to exceed $250,000; and, C) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract Between the City of Huntington Beach and KOA Corporation for On-Call Grant Writing and City of Huntington Beach Printed on 7/14/2021Page 1 of 3 powered by Legistar™ File #:21-484 MEETING DATE:7/20/2021 Administrative Consulting Services,” in an amount not to exceed $250,000; and, D) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract Between the City of Huntington Beach and Villa Civil, APC, for On-Call Grant Writing and Administrative Consulting Services,” in an amount not to exceed $250,000. Alternative Action(s): Do not authorize the proposed contracts and direct staff accordingly. Budgeted Capital Projects could be delayed until new contracts are approved. Analysis: On April 1,2021,the City advertised a Request for Qualifications (RFQ)for On-Call Grant Writing & Administrative Consulting Services.Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code.Eleven (11)proposals were received for On- Call Grant Writing &Administrative Consulting Services.In accordance with qualifications-based selected procurement per the Federal “Brooks Act,”State SB 419,and the City of Huntington Beach Municipal Code Section 3.03 “Professional Services,”the Public Works Department established a review board.Each firm submitted a proposal indicating their category of expertise.Proposals were then evaluated and ranked by the review board.The top four firms were selected to increase opportunity for competitive proposals for future projects from qualified on-call consultants. The four contracts recommended for City Council approval are for on-call support staff to pursue grant funding and administer existing grant funds related to water,wastewater,stormwater, transportation,and park improvement projects.These services will be utilized to supplement City staff in meeting annual CIP goals,as an extension of staff,and/or to provide required expertise for unique projects.Additionally,these services will be required to secure federal stimulus grants anticipated this year.Each project is evaluated on a case-by-case basis to determine if these services are necessary. Typical grant application and administrative support costs from the use of consultants on a CIP project varies between three to ten percent of the total costs for a CIP project.Therefore,it is practical to conservatively assume minimum annual consultant costs would be around $250,000 to the City for total CIP projects, or approximately $1 million over the next three years. Some of the typical grants for water,wastewater,stormwater,transportation,and park improvements include the following:Active Transportation Program (ATP),Highway Safety Improvements Program (HSIP),Prop 1 Groundwater,Recreational Trails Program,Prop 68 Sustainable Groundwater Management,Rebuilding America Infrastructure with Sustainability &Equity Program (RAISE), CalOES Flood Mitigation Assistance,Infrastructure State Revolving Fund,USBR Water Smarts Program, and Drinking Water State Revolving Fund. Administrative support services are needed for grants related to water,wastewater,stormwater,parks ,and transportation CIP projects.These consultants have been selected to meet the projected workload over the next three years, with a total not to exceed amount of $250,000 per firm. Environmental Status: City of Huntington Beach Printed on 7/14/2021Page 2 of 3 powered by Legistar™ File #:21-484 MEETING DATE:7/20/2021 Not applicable. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1.Professional Services Contract between the City of Huntington Beach and Advanced Avant- Garde Corporation for On-Call Grant Writing and Administrative Consulting Services 2.Professional Services Contract between the City of Huntington Beach and Engineering Solutions Services for On-Call Grant Writing and Administrative Consulting Services 3.Professional Services Contract between the City of Huntington Beach and KOA Corporation for On-Call Grant Writing and Administrative Consulting Services 4.Professional Services Contract between the City of Huntington Beach and Villa Civil, APC, for On-Call Grant Writing and Administrative Consulting Services 5.RFQ Award Analysis City of Huntington Beach Printed on 7/14/2021Page 3 of 3 powered by Legistar™ PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Grants & Administrative Services SERVICE DESCRIPTION: Staff support for grant writing and post-award funding administration. VENDOR: Engineering Solution Services OVERALL RANKING: 1 out of 4 SUBJECT MATTER EXPERTS/RATERS: 1. Deputy PW Director – Transp & Eng 2. Deputy PW Director - Utilities 3. Administrative Services Manager 4. Asst. CFO I. MINIMUM QUALIFICATIONS REVIEW  Written Proposal Score: Avg. of 439 VENDOR NAME – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Compliance with RFP 40 50 Technical Approach 113 125 Qualifications 118 125 Clarity 43 50 Cost 103 125 References and Background 22 25 Total 439 500 II. DUE DILIGENCE REVIEW  Interview Ranking: 1 Engineering Solutions Services – Summary of Review  Engineering staff who secured funds for water, sewer, stormwater, transportation, parks & facilities Engineering Solutions Services – Pricing  Clerical from $58/hr to Project Manager $150/hr 2 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Grants & Administrative Services SERVICE DESCRIPTION: Staff support for grant writing and post-award funding administration. VENDOR: Avant Garde Corp. OVERALL RANKING: 2 out of 4 SUBJECT MATTER EXPERTS/RATERS: 1. Deputy PW Director – Transp & Eng 2. Deputy PW Director - Utilities 3. Administrative Services Manager 4. Asst. CFO I. MINIMUM QUALIFICATIONS REVIEW  Written Proposal Score: Avg. of 418 VENDOR NAME – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Compliance with RFP 40 50 Technical Approach 106 125 Qualifications 106 125 Clarity 37.5 50 Cost 112.5 125 References and Background 16 25 Total 418 500 II. DUE DILIGENCE REVIEW  Interview Ranking: 2 Avant Garde Corp – Summary of Review  Admin staff who secured State & Federal funds & provide labor compliance. Avant Garde Corp – Pricing  Program Asst. from $75/hr to Program Director $130/hr 3 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Grants & Administrative Services SERVICE DESCRIPTION: Staff support for grant writing and post-award funding administration. VENDOR: Villa Civil Corp. OVERALL RANKING: 3 out of 4 SUBJECT MATTER EXPERTS/RATERS: 1. Deputy PW Director – Transp & Eng 2. Deputy PW Director - Utilities 3. Administrative Services Manager 4. Asst. CFO I. MINIMUM QUALIFICATIONS REVIEW  Written Proposal Score: Avg. of 384 VENDOR NAME – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Compliance with RFP 37.5 50 Technical Approach 109 125 Qualifications 106 125 Clarity 40 50 Cost 75 125 References and Background 16.5 25 Total 384 500 II. DUE DILIGENCE REVIEW  Interview Ranking: 3 Villa Civil Corp – Summary of Review  Engineering staff who secured State & Federal funds for water, sewer, stormwater, transportation, parks & facilities; & provide labor compliance. Villa Civil Corp – Pricing  Admin. Asst. from $80/hr to Principal Eng. $220/hr 4 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Grants & Administrative Services SERVICE DESCRIPTION: Staff support for grant writing and post-award funding administration. VENDOR: KOA Corp. OVERALL RANKING: 4 out of 4 SUBJECT MATTER EXPERTS/RATERS: 1. Deputy PW Director – Transp & Eng 2. Deputy PW Director - Utilities 3. Administrative Services Manager 4. Asst. CFO I. MINIMUM QUALIFICATIONS REVIEW  Written Proposal Score: Avg. of 366 VENDOR NAME – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Compliance with RFP 40 50 Technical Approach 113 125 Qualifications 118 125 Clarity 43 50 Cost 103 125 References and Background 22 25 Total 366 500 II. DUE DILIGENCE REVIEW  Interview Ranking: 4 KOA Corp. – Summary of Review  Engineering staff who secured funds for transportation, parks & facilities. KOA Corp. – Pricing  Admin Asst. from $72/hr to Principal Engineer II $292/hr City of Huntington Beach File #:21-493 MEETING DATE:7/20/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Sean Crumby, Director of Public Works Subject: Approve and authorize execution of Professional Services Contracts for On-Call Architectural Engineering Services with Johnson Favaro, Kitchell, PBK-WLC, Studio One Eleven, and Westberg White Statement of Issue: The Public Works Department requires on-call architectural engineering services for as-needed support staff to assist with the design of capital improvement projects, which are identified in the annual Capital Improvement Program (CIP), as well as other facility and infrastructure needs. Financial Impact: The City’s adopted Fiscal Year (FY)2020/21 and proposed FY 2021/22 CIP Budgets total $24.5 million and $39.3 million,respectively,for approved projects citywide.Each approved CIP project has a budget containing sufficient funding for design,environmental,engineering,construction, project management,and other required costs.The five recommended architectural engineering service contracts,totaling $6.0 million,will be funded within each project’s individual CIP budget,as needed. As such, no additional funding is required by this action. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract Between the City of Huntington Beach and Johnson Favaro for On-Call Architectural Engineering and Professional Consulting Services,” in an amount not to exceed $2,000,000; and, B) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract Between the City of Huntington Beach and Kitchell/CEM, Inc. for On-Call Architectural Engineering and Professional Consulting Services,” in an amount not to exceed $1,000,000; and, C) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract Between the City of Huntington Beach and PBK-WLC for On-Call Architectural Engineering and Professional Consulting Services,” in an amount not to exceed $1,000,000; and, D) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract City of Huntington Beach Printed on 7/14/2021Page 1 of 3 powered by Legistar™ File #:21-493 MEETING DATE:7/20/2021 Between the City of Huntington Beach and RDC-S111, Inc. dba Studio One Eleven for On-Call Architectural Engineering and Professional Consulting Services,” in an amount not to exceed $1,000,000; and, E) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract Between the City of Huntington Beach and Westberg White, Inc. for On-Call Architectural Engineering and Professional Consulting Services,” in an amount not to exceed $1,000,000. Alternative Action(s): Do not authorize the contracts and direct staff accordingly. Budgeted capital improvement projects could be delayed until new contracts are approved. Analysis: On March 15,2021,the City advertised a Request for Qualifications (RFQ)for On-Call Architectural Engineering and Professional Consulting Services.Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code.Twenty-five proposals were received for architectural engineering services.In accordance with qualifications-based selected procurement,per the Federal “Brooks Act,”State SB 419,and the City of Huntington Beach Municipal Code Section 3.03 “Professional Services,”the Public Works Department established a review board. Proposals were then evaluated and ranked by the review board.The top five firms were selected in each category to increase opportunity for competitive proposals for future projects from qualified on- call consultants. The five contracts recommended for approval are for support staff for architectural engineering of capital improvement projects as well as general infrastructure projects.These services have historically been utilized to supplement City staff to meet annual Capital Improvement Program (CIP) goals,as an extension of staff,and/or to provide required expertise for unique projects.It is anticipated that these services will be required,based on previous years.Each project is evaluated on a case-by-case basis to determine if these as-needed contract services are necessary. The City’s CIP was approximately $24.5 million in FY 2020/21.In addition,the proposed FY 2021/22 CIP totals $39.3 million in new projects.Typical design and construction support cost from the use of consultants on a CIP project can vary between ten to twenty percent (10-20%)of total costs for a CIP project.Therefore,it is practical to conservatively assume minimum annual consultant costs would be around $3 million to the City for total CIP projects,or approximately $9 million over the next three (3)years.However,there will be one firm (Johnson Favaro)with a higher allocation of $2 million to reflect the design services for the Oakview Community Center,which has been adopted in the City’s CIP budget. Architectural engineering services are typically required for buildings and structures related CIP projects. Therefore, these consultants were selected to meet projected workload over the next three years with a total contract limit of $6 million.The proposed contract amounts are a not-to-exceed amount for a three-year term, with no guarantee of work. Funding for any and all of these contract services is only through City Council authorization in the budget approval process. Environmental Status: City of Huntington Beach Printed on 7/14/2021Page 2 of 3 powered by Legistar™ File #:21-493 MEETING DATE:7/20/2021 Not applicable. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1.Professional Services Contract between the City of Huntington Beach and Johnson Favaro for On-Call Architectural Engineering Services 2.Professional Services Contract between the City of Huntington Beach and Kitchell for On-Call Architectural Engineering Services 3.Professional Services Contract between the City of Huntington Beach and PBK-WLC for On- Call Architectural Engineering Services 4.Professional Services Contract between the City of Huntington Beach and Studio One Eleven for On-Call Architectural Engineering Services 5.Professional Services Contract between the City of Huntington Beach and Westberg White for On-Call Architectural Engineering Services 6.Professional Services Award Analysis City of Huntington Beach Printed on 7/14/2021Page 3 of 3 powered by Legistar™ PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Architectural Engineering SERVICE DESCRIPTION: Architectural support for City’s annual Capital Improvement Program projects. VENDOR: Johnson Favaro OVERALL RANKING: 1 out of 25 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Contract Administrator 3. Project Coordinator I. MINIMUM QUALIFICATIONS REVIEW  Written Proposal Score: Ave. of 93 Johnson Favaro – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Proposal Clarity 10 10 Qualifications 24 20 Staffing 24 20 Understanding and Methodology 11 15 References and Background 9 10 Interview 15 15 Total 93 100 II. DUE DILIGENCE REVIEW Johnson Favaro – Summary of Review  Excellent experience including community centers Johnson Favaro – Pricing  Low end from $85/hr  High end to $220/hr for Principal PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Architectural Engineering SERVICE DESCRIPTION: Architectural support for City’s annual Capital Improvement Program projects. VENDOR: PBK-WLC OVERALL RANKING: 2 out of 25 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Contract Administrator 3. Project Coordinator I. MINIMUM QUALIFICATIONS REVIEW  Written Proposal Score: Ave. of 93 PBK-WLC – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Proposal Clarity 9 10 Qualifications 23 20 Staffing 23 20 Understanding and Methodology 15 15 References and Background 9 10 Interview 14 15 Total 93 100 II. DUE DILIGENCE REVIEW PBK-WLC– Summary of Review  Excellent overall experience in beach cities including fire and police stations, community centers, and parks. PBK-WLC– Pricing  Low end from $105/hr  High end to $255/hr for Principal PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Architectural Engineering SERVICE DESCRIPTION: Architectural support for City’s annual Capital Improvement Program projects. VENDOR: Kitchell OVERALL RANKING: 3 out of 25 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Contract Administrator 3. Project Coordinator I. MINIMUM QUALIFICATIONS REVIEW  Written Proposal Score: Ave. of 92 Kitchell – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Proposal Clarity 9 10 Qualifications 23 20 Staffing 23 20 Understanding and Methodology 14 15 References and Background 9 10 Interview 14 15 Total 92 100 II. DUE DILIGENCE REVIEW Kitchell – Summary of Review  Great experience with various facilities such as fire stations and restrooms. In-house engineering and architectural services Kitchell – Pricing  Low end from $90/hr  High end to $250/hr for Project Director PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Architectural Engineering SERVICE DESCRIPTION: Architectural support for City’s annual Capital Improvement Program projects. VENDOR: Westberg White OVERALL RANKING: 4 out of 25 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Contract Administrator 3. Project Coordinator I. MINIMUM QUALIFICATIONS REVIEW  Written Proposal Score: Ave. of 91 Westberg White – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Proposal Clarity 9 10 Qualifications 23 20 Staffing 23 20 Understanding and Methodology 14 15 References and Background 9 10 Interview 13 15 Total 91 100 II. DUE DILIGENCE REVIEW Westberg White – Summary of Review  Good previous experience with City Westberg White – Pricing  Low end from $70/hr  High end to $230/hr for Principal PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Architectural Engineering SERVICE DESCRIPTION: Architectural support for City’s annual Capital Improvement Program projects. VENDOR : Studio One Eleven OVERALL RANKING: 5 out of 25 SUBJECT MATTER EXPERTS/RATERS : 1. Principal Civil Engineer 2. Contract Administrator 3. Project Coordinator I. MINIMUM QUALIFICATIONS REVIEW  Written Proposal Score: Ave. of 89 Studio One Eleven – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Proposal Clarity 9 10 Qualifications 22 20 Staffing 22 20 Understanding and Methodology 14 15 References and Background 9 10 Interview 13 15 Total 89 100 II. DUE DILIGENCE REVIEW Studio One Eleven – Summary of Review  Good experience with urban design, façade/frontage, and community engagement. Studio One Eleven – Pricing  Low end from $95/hr  High end to $240/hr for Senior Principal City of Huntington Beach File #:21-492 MEETING DATE:7/20/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Scott M. Haberle, Fire Chief Subject: Approve and authorize execution of Amendment No. 1 to the Agreement Between the City of Huntington Beach and Central Net Operations/Joint Powers for Fire Emergency Training Services Statement of Issue: The City Council is requested to approve Amendment No. 1 to the Central Net Operations Authority Joint Powers Agreement and authorize the Mayor and City Clerk to execute the agreement. Financial Impact: None. Recommended Action: Approve and authorize the Mayor and City Clerk to execute, “Amendment No. 1 to the Agreement Between the City of Huntington Beach and Central Net Operations/Joint Powers for Fire Emergency Training Services.” Alternative Action(s): Do not approve the amendment and direct staff accordingly. Analysis: For approximately 50 years, the Huntington Beach Fire Department has participated with surrounding cities as a member of a Joint Powers Authority arrangement for training. Referred to as the Central Net Operations Authority (CNOA), this organization has provided a cost savings for the City, while allowing fire department personnel to obtain essential and mandated training in fire, rescue, emergency medical services, and other related topics. The basis for the Joint Powers Authority arrangement is found in the Joint Exercise of Powers Act (Section 6500 et. seq. of the Government Code) and the Municipal Services and Functions Act (Section 54980 et. seq. of the Government Code). These codes allow for the performance of the duties and functions that form the basis of the Agreement. City of Huntington Beach Printed on 7/14/2021Page 1 of 2 powered by Legistar™ File #:21-492 MEETING DATE:7/20/2021 The CNOA Joint Powers Agreement was last updated on September 19, 2011. At that time, the agreement was revised to reflect the change in membership, due to the withdrawal of two member agencies, Newport Beach and Westminster. In addition to changes in member agencies, a comprehensive history of the City’s participation as a member of the CNOA was added, along with an updated termination date and a provision for agreement extension. At this time it is proposed that the attached amendment to the Joint Powers Agreement be extended for an additional ten (10) years (Attachment 1). The original agreement is shown as Attachment 2. CNOA continues to add value to its member agencies by providing timely training programs to meet State mandated requirements for agency personnel. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1.Amendment No. 1 to the Agreement Between the City of Huntington Beach and Central Net Operations/Joint Powers for Fire Emergency Training Services 2.Central Net Operations Authority Joint Powers Agreement City of Huntington Beach Printed on 7/14/2021Page 2 of 2 powered by Legistar™ City of Huntington Beach File #:21-520 MEETING DATE:7/20/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Sean Crumby, Director of Public Works Subject: Approve and authorize execution of Amendment No. 1 to Cooperative Agreement No. C-3-1845 with Orange County Transportation Authority (OCTA) for Project V Community Based Transit/Circulators Statement of Issue: On July 3, 2014, the City entered into a Cooperative Agreement with OCTA for a Project V grant to partially fund the Fourth of July and U.S. Open shuttle services. Due to the COVID-19 pandemic, the shuttle services were not used in 2020 and 2021. The original agreement expired on March 31, 2021. This amendment extends the agreement to March 31, 2023, which will allow the City to receive funding for Summer 2022 shuttle service. Financial Impact: Since 2014, the grant has provided over $34,000 to supplement the shuttle services. The City’s matching funds will be included in the Fiscal Year 2022/23 budget submittal in the AQMD fund. Recommended Action: Approve and authorize the Mayor and City Clerk to execute, “Amendment No. 1 to Cooperative Agreement No. C-3-1845 Between Orange County Transportation Authority and the City of Huntington Beach for Project V Community Based Transit/Circulators (Project No. 14-HBCH-CBT- 3743).” Alternative Action(s): Do not approve this amendment and direct staff accordingly. This would result in the City forfeiting the available grant funds. Analysis: The City of Huntington Beach entered into a Cooperative Agreement with OCTA on July 3, 2014 , for a Project V grant to partially fund the Fourth of July and U .S. Open shuttle services. Per the original agreement, OCTA will provide eight dollars ($8.00) per boarding, or seventy percent (70%) of the operating cost, whichever is lower. Since 2014, OCTA has provided over $34,000 to supplement City of Huntington Beach Printed on 7/14/2021Page 1 of 2 powered by Legistar™ File #:21-520 MEETING DATE:7/20/2021 shuttle services, with matching funds coming from the Air Quality Management District (AQMD) fund. The shuttle services were not in effect for the years of 2020 and 2021, due to the COVID-19 pandemic. The original agreement expired on March 31, 2021. This amendment would extend this agreement to March 31, 2023. Environmental Status: Not applicable. Strategic Plan Goal: Community Engagement COVID-19 Response Attachment(s): 1.Amendment No. 1 to Cooperative Agreement No. C-3-1845 2.Cooperative Agreement No. C-3-1845 between Orange County Transportation Authority and City of Huntington Beach for Project V Community Based Transit/Circulators City of Huntington Beach Printed on 7/14/2021Page 2 of 2 powered by Legistar™ City of Huntington Beach File #:21-524 MEETING DATE:7/20/2021 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. 3 to Professional Services Contract with Goal Productions for On-Call Video Production Services for HBTV Channel 3 Statement of Issue: Currently,Goal Productions provides on-call video production services under a two-year agreement that expires on July 22,2021.Their services include the production of Seasons 1 and 2 of Hidden Huntington Beach,which airs exclusively on HBTV Channel 3.Amendment No.3 would extend the agreement by one year for up to $50,000, which will fund 13 new episodes for Season 3 . Financial Impact: Sufficient funds for this one-year extension ($50,000)are available in the Fiscal Year 2021-2022 Operating Budget,using PEG funds in Business Unit 24330101.Should Amendment No.3 be approved,the total not-to-exceed amount for this agreement will increase from $90,000 (for the initial two-year contract) to $140,000. Recommended Action: Approve and authorize the Mayor and City Clerk to execute, “Amendment No. 3 to Professional Services Contract Between the City of Huntington Beach and Goal Productions, Inc. for On-Call Video Production Services.” Alternative Action(s): Do not approve the amendment 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 in March 2019 for on-call video production companies to produce original content for HBTV. Following careful review of all proposals, the City entered into a two-year agreement with Goal Productions, scheduled to expire on July 22, 2021. During the two-year period, Goal Productions was tasked to produce Seasons 1 and 2 of Hidden City of Huntington Beach Printed on 7/14/2021Page 1 of 2 powered by Legistar™ File #:21-524 MEETING DATE:7/20/2021 Huntington Beach, which now has a large following of residents, business owners, and other fans who enjoy the show’s fresh take on local history. The show has explored and revived the often forgotten history of the City, including the Bolsa Chica Gun Club, the Longboard Restaurant, and World War II’s impacts on our community. Each season produced by Goal includes 13 episodes for approximately $45,000. Accordingly, Goal’s agreement was amended to increase total compensation to $90,000 during its initial two-year term. Amendment No. 3 proposes to extend the term by one additional year, and increase compensation by up to $50,000 for 13 new episodes of Season 3 (proposed at $47,750 by Goal). Environmental Status: Not applicable. Strategic Plan Goal: Community Engagement Attachment(s): 1.Amendment No. 3 to Professional Services Contract with Goal Productions 2.Professional Services Contract with Goal Productions City of Huntington Beach Printed on 7/14/2021Page 2 of 2 powered by Legistar™ City of Huntington Beach File #:21-529 MEETING DATE:7/20/2021 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 Ground Lease Agreement with the Ocean View School District of Orange County regarding the Oak View Library Branch and Parking Lot Site Statement of Issue: There is a need to approve a ground lease agreement between the City of Huntington Beach and Ocean View School District of Orange County regarding the Oak View Library Branch and Parking Lot Site. Financial Impact: The agreement requires a nominal payment of $1.00 rent per year for the use and occupancy of the premises during the term of the agreement. This amount can be accommodated through the Community and Library Services Department budget. Recommended Action: Approve and authorize the Mayor and City Clerk to execute, “Ground Lease Agreement between the City of Huntington Beach and Ocean View School District of Orange County RE: Oak View Library Branch and Parking Lot Site.” Alternative Action(s): Do not approve the agreement and direct staff accordingly. Analysis: Since 1995, the City of Huntington Beach has had a ground lease agreement (Agreement) between the City and the Ocean View School District (District) of Orange County to (1) provide a public library branch to serve the needs of the students and residents of the Oak View community, and (2) to permit the Parties to continue to share parking rights to the Joint Parking Area for library use purposes and for District-related events and activities pertaining to the Oak View Elementary School and Preschool. The agreement requires a payment of $1.00 annually for use of the property. In addition, the City is City of Huntington Beach Printed on 7/14/2021Page 1 of 2 powered by Legistar™ File #:21-529 MEETING DATE:7/20/2021 responsible for all utilities, as well as the maintenance of the facility and shared parking lot. Per the agreement and unless agreed to otherwise, hours of operation are also specified to be Monday - Friday, 9:00 a.m. to 9:00 p.m., and Saturday, 9:00 a.m. to 5:00 p.m. The primary programming focus of the Oak View library branch is toward students and residents, provided in English and Spanish. Additionally, the branch will provide literacy series, homework assistance, and basic library services emphasizing the importance of reading and extended education. The Library has two Literacy Program Specialists that coordinate the library operation and network with Oak View School and other educational/social agencies. The term of the agreement shall be five (5) years from the effective date of this agreement, subject to earlier termination, if needed. The lease includes one (1) option to extend the term for a period of five (5) years upon mutual, written consent of both parties. In addition to the five-year option, the term may be further extended by a writing executed by both parties. Environmental Status: Not applicable. Strategic Plan Goal: Community Engagement Attachment(s): 1)Ground Lease Agreement between the City of Huntington Beach and Ocean View School District of Orange County RE: Oak View Library Branch and Parking Lot Site City of Huntington Beach Printed on 7/14/2021Page 2 of 2 powered by Legistar™ City of Huntington Beach File #:21-541 MEETING DATE:7/20/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Sean Crumby, Director of Public Works Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with J&A Engineering Corporation (J&A Fence) in the amount of $1,096,227 for the Bluff Top Park Railing Project, CC-1631 Statement of Issue: On July 13, 2021, bids were received electronically for the Bluff Top Railing Project, CC-1631. City Council action is requested to award the construction contract to J&A Engineering Corporation, doing business as J&A Fence, the most responsive and responsible bidder. Financial Impact: Total construction cost for the project, including contingency and supplementals, is $1,370,284. $1,370,284 is available in the Blufftop Grant Fund account 125686001.82800. Recommended Action: A)Accept the most responsive and responsible bid submitted by J&A Fence in the amount of $1,096,227; and, B)Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, or provide staff with alternative action. Analysis: The existing metal railing along the bluff top and on the stairways along Bluff Top Park is deteriorated and in need of replacement, due to the exposure to the marine environment. The Bluff Top Park area is on the ocean side of Pacific Coast Highway from 9th Street to Seapoint. The existing metal railing, located adjacent to the bluff top trail will be replaced with a new wooden lodgepole railing , as approved by City Council on December 16, 2019. Additionally, the existing stairway metal railing within this span will be replaced with a new anodized City of Huntington Beach Printed on 7/14/2021Page 1 of 2 powered by Legistar™ File #:21-541 MEETING DATE:7/20/2021 aluminum railing. The base bid for the project included stainless steel for the stairway metal railing with an alternate bid option to use anodized aluminum. Both stainless steel and anodized aluminum are preferred materials to use for the stairway railing; however, there is a $65,252 cost savings to utilize anodized aluminum in lieu of the stainless steel. These improvements are needed to maintain the safety and accessibility of beach path and stairway users. Bids were received electronically on July 13, 2021, with the following results: BIDDER'S NAME BID AMOUNT WITH ALTERNATE BID ITEMS FOR ANODIZED ALUMINUM STAIRWAY RAIL (Amount at Electronic Bid Opening and Basis of Award) J&A Fence $1,096,227 ACE Fence Company $1,138,807 Minako America Corporation $1,168,315 Greenfield Fence, Inc.$1,238,650 Staff recommends awarding a contract to J&A Fence in the amount of $1,096,227. J&A Fence has recently provided acceptable work in the City of Huntington Beach in constructing the perimeter wrought iron fencing at the Newland House Museum earlier this year. The total Bluff Top Park Railing project cost is estimated to be $1,370,284, which includes the construction contract, project management and inspection ($109,623), and fifteen percent (15%) construction contingency ($164,434). This project is the first phase of two phases, with the second phase being the improvements to the multi-use trail that will follow this winter. Public Works Commission Action: The Public Works Commission reviewed and approved CC-1631 on June 16, 2021. Environmental Status: The project is categorically exempt pursuant to Class 1, section 15301d of the California Environmental Quality Act. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1.Vicinity Map City of Huntington Beach Printed on 7/14/2021Page 2 of 2 powered by Legistar™ ATTACHMENT 1 City of Huntington Beach File #:21-550 MEETING DATE:7/20/2021 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 an appointment to the Mobile Home Advisory Board (MHAB) Statement of Issue: The City Council is asked to approve the appointment of one Owner Member to the Mobile Home Advisory Board. Financial Impact: Not applicable. Recommended Action: Approve the appointment of Vickie Talley as an Owner Member of the MHAB effective immediately through August 5, 2025. Alternative Action(s): Do not approve one or more of these appointments 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 currently has a vacancy for one mobile home park owner member,with a second opening up at the end of this month.The City duly advertised the vacancies,and City Council liaisons,Kim Carr and Mike Posey,recommend appointing Vickie Talley as an owner member of the MHAB. Should she be appointed,her term would become effective immediately and expire on August 5, 2025. It should be noted that Ms.Talley does not own a mobile home park in the City of Huntington Beach. However,Chapter 2.112 (Mobile Home Advisory Board)of the Huntington Beach Municipal Code states that the MHAB shall be represented by three owner members or their designated nominees City of Huntington Beach Printed on 7/16/2021Page 1 of 2 powered by Legistar™ File #:21-550 MEETING DATE:7/20/2021 states that the MHAB shall be represented by three owner members or their designated nominees (who may or may not reside in Huntington Beach).Ms.Talley has secured and submitted three letters of nomination from Huntington Beach park owners who support her appointment to the MHAB. She has demonstrable knowledge in mobile home issues,as the current Executive Director of the Manufactured Housing Education Trust,a non-profit organization that represents and educates mobile home owners,community leaders,and the public about the manufactured housing community. Ms. Talley also previously served as an MHAB owner member. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1.Application for Appointment and Nomination Letters - Vickie Talley City of Huntington Beach Printed on 7/16/2021Page 2 of 2 powered by Legistar™ Application for Appointment to a Citizen Commission, Board, Committee, or Task Force Page 1 Thank you for your interest in applying to serve on a Huntington Beach citizen advisory body! Members of the City’s boards, commissions, committees, or task forces serve four-year terms with a two-term limit. Appointment to a City advisory body is at the City Council’s discretion. In addition, all appointed members must be United States citizens, residents of Huntington Beach during the appointment process and term, and may not hold more than one advisory group membership at the same time. Specific definitions of the role and purpose of these advisory groups are defined in Chapter 2.100 (Operating Policy for Boards and Commissions) of the City’s Municipal Code. A BOARD is a body of members appointed by the City Council pursuant to City Charter Section 405 to serve in a continuing advisory capacity to the City Council. A COMMISSION is a body of members appointed by the City Council pursuant to City Charter Section 405 that may have decision-making authority over those activities delegated to them by the City Council. A COMMITTEE is a body of members appointed by the City Council pursuant to City Charter Section 405 on an ad hoc basis to advise the City Council on a particular matter. To assist you in selecting a citizen body that would be compatible with your interests and qualifications, a description of each body is available on the City's Boards and Commissions page. IMPORTANT NOTICE: Before applying, please acknowledge the following: All Council appointed commission, board, and committee members are required bi-annually to take harassment training and two hours of ethics training. You are applying for a public position. As such, the information provided in your application is a public record and cannot be kept confidential. Applicants must be U.S. citizens, residents during the appointment process and term, and may not hold more than one membership at a time. * = required response 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?* I acknowledge the requirements listed in the notice above. Talley Vickie M.12/7/2020 Mobile Home Advisory Board N/A for this appointment. Executive Director, Manufactured Housing Educational Trust Yes No Yes No Home Address:* Phone Numbers Personal Type *(?)Number * Phone Numbers Business Type (?)Number Personal Email * City Laguna Hills State CA Postal / Zip Code Street Address Address Line 2 home 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. BS from University of Redlands, Business Administration Executive Director or mobile home park owners association, the Manufactured Housing Educational Trust I have been working with mobile home park owners for the past 38 years. I am aware of all aspects of ownership, management and residency in mobile home parks. I have extensive experience in local government as a planning commissioner, city council member and mayor. I have served on county boards and commissions. Currently this Board is not functioning with a full representative membership as outlined in its bylaws. It is a 9 member board with three independent representatives from the community, three representatives who live in Huntington Beach mobile home parks and three representatives of mobile home community owners. It is unfair to have this Board operate without proper representation. I previously served on the committee and would like to volunteer to serve again so that there is adequate representation for all sides in the matters discussed. City of Huntington Beach File #:21-531 MEETING DATE:7/20/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Ursula Luna-Reynosa, Director of Community Development Subject: Approve Middle Income Housing Program by adopting Resolution No. 2021-43 and Resolution No. 2021-44; Authorize the City Manager to enter into Public Benefit Agreements and execute Middle-Income Housing Program agreements, and determine that these actions are not subject to the California Environmental Quality Act Statement of Issue: City Council approval is requested for the following items related to the Middle Income Housing Program, in order to enable the acquisition and conversion of two market-rate apartment complexes into workforce housing within the City of Huntington Beach: 1.Resolutions approving, authorizing, and directing execution of joint exercise of powers agreements supporting the issuance of bonds for the production, preservation, and protection of essential middle-income rental housing; 2.Joint Exercise of Powers Agreements; 3.Public Benefit Agreements, which may result in the City receiving surplus revenue from the future sale of the projects; and 4.Regulatory Agreements and Declaration of Restrictive Covenants. Financial Impact: If approved, the Middle Income Housing Program would result in the creation of 649 middle income housing units at the two current market-rate apartment complexes in question. Based on the terms of the program, the identified units would be created at an average cost of $23,169 per door, which is an efficient and cost-effective way of establishing affordable housing units. Based on current market conditions, the estimated cost of acquiring and rehabilitating 649 units and income restricting them at “middle income” levels would be between $56,000 and $85,000 per door, City of Huntington Beach Printed on 7/14/2021Page 1 of 7 powered by Legistar™ File #:21-531 MEETING DATE:7/20/2021 depending on the level of income targeting. For further comparative purposes, the City’s recent experience with an affordable housing project being developed by Jamboree Housing for permanent supportive units resulted in an approximate cost of $70,000 per door cost, and the City of Santa Ana’s average subsidy is approximately $90,000 per door for similarly restricted units. To fund the Middle Income Housing Program, the City would have to forgo future property tax revenues for up to a 30 year period, with the first year amount estimated at $370,655. Assuming a 2% increase in property values annually, the average annual property tax subsidy over a 30 year period would be $501,225. However, of note, between Year 15 and Year 30 (the end of the life of the bonds), the City, at its sole discretion, may force a sale of the middle-income rental housing projects and the City would receive the sale proceeds. Over a 30-year period, the City could realize $647,620,251 in proceeds at Year 30, following payoff of debt. Recommended Action: A) Adopt Resolution Nos. 2021-43 and 2021-44 approving, authorizing, and directing execution of joint exercise of powers agreements relating to the CMFA Special Finance Agency VII and VIII (collectively the “Agency”) supporting the Agency’s issuance of bonds for the production, preservation, and protection of essential middle-income rental housing (“Middle-Income Housing Program”); and, B) Authorize and direct the City Manager to enter into Public Benefit Agreements, substantially in the form attached, with the Agency, which may result in the City receiving surplus revenue from the future sale of the Projects; and, C) Authorize and direct the City Manager to execute related documents and take any additional actions that may be required to implement the Middle-Income Housing Program; and, D) Determine that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and it is not a "project" pursuant to Section 15378(b)(5) of the State CEQA Guidelines. Alternative Action(s): Do not adopt the resolutions, enter into the Public Benefit Agreements, or execute related documents, or take any additional actions that may be required to implement the Middle-Income Housing Program. Analysis: A.BACKGROUND City Council held a work study session on February 16, 2021, to evaluate a middle income workforce housing program as a means of achieving the public policy objective to create a continuum of affordable housing. Middle income housing is designed for persons earning 80% and up to 120% of area median income (AMI). This segment is considered the “missing middle” between lower income (≤80% AMI) affordable housing and market-rate (>120% AMI) housing since no funding sources exist for this housing population. At their January Strategic Planning Session, the City Council expressed City of Huntington Beach Printed on 7/14/2021Page 2 of 7 powered by Legistar™ File #:21-531 MEETING DATE:7/20/2021 the importance of providing middle income workforce housing as a means to transition people out of lower-income affordable housing. Currently, one-third of the City’s affordable housing portfolio, or 660 units, are moderate income units between 110% - 120% AMI. Of the 660 units, half are rental units and half are for-sale units. California Community Housing Agency (CalCHA), working with Catalyst as the project sponsor, was the first Joint Powers Authority (JPA) to acquire a residential apartment project with tax-exempt “essential government bonds”. They have since closed on nine transactions. There are other JPAs and other project sponsors doing similar transactions. As a public agency, the JPA is a tax-exempt entity that is not required to pay property taxes. This property tax abatement, coupled with the tax- exempt financing, provides a significant advantage in terms of cash flow, which allows the JPA to compete with market-rate buyers, and enables the JPA to make the units available to low and moderate income households. The typical split of units is one third at 80% AMI, one third at 100% AMI, and one third at 120% AMI. It is important to note that a non-government entity could acquire a property and restrict units to 80% AMI, and those units would qualify for the “welfare exemption” and would not have to pay property taxes on any units at 80% AMI or less. The project sponsor acts on behalf of the JPA as the asset manager. For all intents and purposes, the residents of these projects interface with the project sponsor or their designated property management firm. Annual rent increases would be capped at no more than 4%, which is less than the rent limits under AB1482, the recently adopted State tenant protection legislation. It is important to note, existing tenants are not displaced, regardless of household income, as the conversion of market-rate units to middle income units occurs over a few years as leases expire and current tenants move on to other housing opportunities. The JPA issues the tax exempt governmental bonds. As the bond issuer, the JPA will oversee the underwriting of the bonds prior to issuance and the performance of the project sponsor during the life of the bonds. Opportunity to Acquire Two Existing Apartment Complexes Catalyst has approached the City with an opportunity to acquire two existing apartment complexes in Huntington Beach and convert them into “workforce housing” units, as market-rate leases come due. Elan and Breakwater are the two apartment complexes (the “Properties”), where the rents range from $1,984 - $3,255 per month. Collectively, between the Properties, there are a total of 676 dwelling units that generate a combined $2,647,536 annually of basic levy property tax revenue. The City’s annual 14% share is $370,655. Based upon the current valuation (2020-21 Secured Property Tax) and a two percent annual increase in valuation, the City would have reduced property tax revenue of an estimated $6,409,893 over 15 years, and $15,036,763 over 30 years for the Projects. Elan is located at 18504 Beach Boulevard, Huntington Beach and is comprised of a total of 274 units (27 units are restricted at 110% AMI per the City’s Inclusionary Zoning Ordinance). This project was completed in 2015 and generates $1,253,400 annually of basic levy property tax revenue. The City receives 14% which equates to $175,476 annually. The market-rate units rent in the range of $1,984 - $3,034 with a current overall vacancy rate of 5.11%. This property last sold in July 2016 for $131,000,000. Catalyst has negotiated a sales price of $136,000,000. Breakwater is located at 16761 Viewpoint Lane, Huntington Beach and is comprised of a total of 402 City of Huntington Beach Printed on 7/14/2021Page 3 of 7 powered by Legistar™ File #:21-531 MEETING DATE:7/20/2021 units (all market rate). This project was completed in 1972 and generates $1,394,136 annually of basic levy property tax revenue. The City’s annual 14% share is $195,179. The rents range from $2,319 - $3,255 with a current vacancy rate of 5.77%. This property last sold in December 2017 for $134,000,000. Catalyst has negotiated a sales price of $185,000,000. Since the 2017 sale, the current owner has invested significantly in renovations and capital improvements. California Municipal Finance Authority California Municipal Finance Authority (CMFA)is the City’s preferred JPA whose track record and fee structure are appealing.CMFA was created on January 1,2004 pursuant to a joint exercise of powers agreement to promote economic,cultural and community development,through the financing of economic development and charitable activities throughout California.CMFA is the largest issuer in the State for all conduit bond financing.They have a 16 year track record with zero housing defaults on over 1,000 transactions of which 600 are affordable housing projects.To date,over 325 municipalities,including the City of Huntington Beach,have become members of CMFA.CMFA is the only financing authority which has granted over $25M dollars directly to local governments and 501c3 nonprofit organizations during the past sixteen years.CMFA will grant 25%of the issuance fees to the general fund of the City.Such grant may be used for any lawful purpose of the City. CMFA will donate 25%of the issuance fees to a charitable organization of the City’s choice within the host municipality for each transaction. Execution of the Joint Exercise of Powers Agreement In order for the Agencies to have the authority to serve as the issuer of the bonds for the Properties,it is necessary for the City of Huntington Beach to become a member of the Agency (CMFA Special Finance Agency VII and VIII). The Joint Exercise of Powers Agreement provides that the Agency is a public entity,separate and apart from each member executing such agreement.The debts,liabilities and obligations of the Agency do not constitute debts, liabilities or obligations of the members executing such agreement. The bonds to be issued by the Agency for the Properties will be the sole responsibility of the borrower,and the City will have no financial,legal,moral obligation,liability or responsibility for Properties or the repayment of the bonds for the financing of the Properties.All financing documents with respect to the issuance of bonds will contain clear disclaimers that the bonds are not obligations of the City or the State of California, but are to be paid for solely from funds provided by the borrower. There are no costs associated with membership in the Agency and the City will in no way become exposed to any financial liability by reason of its membership in the Agency.In addition,participation by the City in the Agency will not impact the City’s appropriations limits and will not constitute any type of indebtedness by the City. B.ANALYSIS The Properties require a City subsidy in the form of forgone property taxes for the duration of the essential governmental bonds over a thirty-year period. Due to the required subsidy, City staff, with the support of the National Development Council (NDC) who serves as the City’s technical advisor, has independently evaluated the public benefit of the Middle Income Housing Program as it relates to the Properties as well as preliminary project feasibility analysis. City of Huntington Beach Printed on 7/14/2021Page 4 of 7 powered by Legistar™ File #:21-531 MEETING DATE:7/20/2021 Public Benefit To evaluate the public benefit, staff has reviewed whether the amount of subsidy is appropriate for the level of affordability in terms of the proposed “cost per door” for each unit. In the City’s recent experience with an affordable housing project being developed by Jamboree Housing, the City subsidy represented a cost of approximately $70,000 per door for permanent supportive housing (33 units at 30% AMI, 9 units at 50% AMI, and one manager’s unit). The City of Santa Ana’s average subsidy is approximately $90,000 per door for similarly restricted units. The city subsidy is leveraged with other funding sources so the total subsidy per door is much greater than the city subsidy alone. Some of the units are currently rent restricted at 110% AMI with 55 year covenants. Excluding the restricted units there are 649 market-rate units within the Properties. The City currently receives approximately $370,655 annually in property taxes for the Properties. As previously stated, the City will forego approximately $15,036,763 in property taxes over 30 years ($23,169 per door) to create 649 middle income rent restricted units. These figures assume a 2% annual increase in property taxes and represent the City’s 14% share of the base tax levy. Further, these numbers don’t factor in a net present value calculation and simply assume the City has access to 100% of the foregone property tax revenue today, which clearly is not the case. If a 3% net present value calculation is applied, the cost per door is approximately $7,000 per door less. The above per door subsidy calculations are not a compatible comparison as the per door examples are for new construction and extremely low and very low income levels. If an affordable housing developer were to approach the City with a proposal to acquire and rehabilitate 649 units and income restrict them at “middle income” rents, staff expects that the requested subsidy, assuming that the City is the sole funding source, would be between $56,000 and $85,000 per door depending on the level of income targeting. This subsidy is calculated by subtracting an average, blended restricted rent from the average, blended market rent to determine the revenue gap (due to the artificial restriction on rents) on the 649 units over 30 years. As an example, if the blended rental rate was $200 less than the market-rate rent over 30 years, this would amount to a subsidy of $72,000 per unit. Therefore, this range of $56,000 to $85,000 is significantly higher than the cost per door utilizing the essential government bonds program. Further, the City would likely be reluctant to utilize restricted affordable housing funds on moderate income units and would prefer to use such funds on more deeply restricted units, such as very low and low income units. Staff’s conclusion is that this essential government bond program to provide middle income housing units is a cost effective way to create such housing units. While staff is overall supportive of this program should the City Council desire to further middle income or workforce housing, it should be noted that the foregone property tax revenue is unrestricted, General Fund revenue and can fund public safety services as well as parks and other infrastructure needs. It is a policy decision to prioritize the public benefits that can be achieved with this money. Further, while there is pending legislation, as of today, under State Law, these units cannot count toward the City’s Regional Housing Needs Allocation (RHNA) for the 2021-2029 cycle. If Assembly Bill 787 were to pass, the bill would authorize the City to include qualifying converted units in its annual progress report and reducing the City’s share of regional housing need for the income category of the converted units on a unit for unit basis. The bill would apply only to converted units that meet specified requirements, including that the rent for the unit prior to conversion was not affordable to very low, low-, or moderate-income households and the initial post City of Huntington Beach Printed on 7/14/2021Page 5 of 7 powered by Legistar™ File #:21-531 MEETING DATE:7/20/2021 conversion rent for the unit is at least 10% less than the average monthly rent charged over the 12 months prior to conversion. Based on the current draft legislation, approximately 232 of the units would meet the specified requirements. Public Equity Beyond the public benefit of creating the restricted middle income units, the Properties also represent an investment opportunity with long term financial benefits for the City in the form of public equity. Under a recorded Public Benefit Agreement, the City, at its sole discretion, may force a sale of the Properties between year 15 and year 30 (the end of the life) of the bonds, and the City would receive the net sale proceeds. Since the Properties are financed through the issuance of tax-exempt bonds and there are no equity partners, all excess sale proceeds after payoff of the bonds go the City. Over a 30-year period the Properties could realize $647,620,251 in valuation at the end of year 30 (assuming an annual appreciation of 1.8%). The City could realize significant value in owning major real estate assets that could be sold to market-rate buyers, thereby maximizing value to the City. Or the assets could be sold to affordable housing developers to be rehabilitated with new, more deeply restricted affordable housing covenants recorded on the Properties. This decision could be made in the future depending upon the City’s needs and policy priorities. From an investment perspective, if the City were to invest the foregone property taxes in the Local Agency Investment Fund (LAIF) at 3%, the average annual rate of return over the past 30 years, the City’s investment would grow to $18,163,088 over 30 years. The average rate of appreciation for real estate in California is approximately 6% annually. If the City were to invest the foregone property taxes in real estate instead of LAIF, and assume a 6% annual rate of return, the City’s investment would grow to $31,061,511 (a difference of almost $13 million). Investing the foregone property taxes in real property will create significant public equity that can help secure the financial stability of the City of Huntington Beach. Environmental Status: Pursuant to Sections 15060(c)(2) and 15060(c)(3) of the California Environmental Quality Act (CEQA) guidelines, CEQA does not apply to this action because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and it is not a “project” pursuant to Section 15378(b)(5) of the State CEQA Guidelines. Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1.Resolution No. 2021-43 for The Elan 2.Resolution No. 2021-44 for The Breakwater Apartments 3.Public Benefit Agreement by and between CMFA Special Finance Agency VII and the City of Huntington Beach relating to the issuance of Essential Housing Revenue Bonds for The Breakwater Apartments 4.Public Benefit Agreement by and between CMFA Special Finance Agency VIII and the City of Huntington Beach relating to the issuance of Essential Housing Revenue Bonds for The Elan 5.Joint Exercise of Powers Agreement relating to the CMFA Special Finance Agency VIII for The City of Huntington Beach Printed on 7/14/2021Page 6 of 7 powered by Legistar™ File #:21-531 MEETING DATE:7/20/2021 Elan 6.Joint Exercise of Powers Agreement relating to the CMFA Special Finance Agency VII for The Breakwater Apartments 7.Regulatory Agreement and Declaration of Restrictive Covenants by and between CMFA Special Finance Agency VIII and Wilmington Trust, National Association, as Trustee relating to The Elan 8.Regulatory Agreement and Declaration of Restrictive Covenants by and between CMFA Special Finance Agency VII and Wilmington Trust, National Association, as Trustee relating to The Breakwater Apartments City of Huntington Beach Printed on 7/14/2021Page 7 of 7 powered by Legistar™