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Home My WebLink About2017-07-17 Agenda Packet FRED A. WILSON City Manager MICHAEL E. GATES City Attorney ROBIN ESTANISLAU City Clerk ALISA CUTCHEN City Treasurer AGENDA Monday, July 17, 2017 CITY COUNCIL/PUBLIC FINANCING AUTHORITY CITY OF HUNTINGTON BEACH 4:00 PM - Study Session 6:00 PM - Regular Meeting Council Chambers - 2000 Main Street Huntington Beach, CA 92648 http://www.huntingtonbeachca.gov MAYOR AND CITY COUNCIL BARBARA DELGLEIZE Mayor MIKE POSEY PATRICK BRENDEN Mayor Pro Tem Councilmember JILL HARDY WILLIAM O’CONNELL Councilmember Councilmember ERIK PETERSON LYN SEMETA Councilmember Councilmember MEETING ASSISTANCE NOTICE - AMERICANS WITH DISABILITIES ACT In accordance with the Americans with Disabilities Act the following services are available to members of our community who require special assistance to participate in City Council meetings. If you require special assistance, 48-hour prior notification will enable the city to make reasonable arrangements. To make 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, or request assistance from the Sergeant-at-Arms at the meeting. CITY COUNCIL/PUBLIC FINANCING AUTHORITY The City Council/Public Financing Authority of the City of Huntington Beach will regularly convene in joint session on the first and third Monday of each month for the purpose of considering agenda items. The Huntington Beach Successor Agency, Housing Authority, Parking Authority and Civic Improvement Corporation are also agencies on which the Council serves as members. On each agenda these agencies may have items scheduled. CITY COUNCIL AGENDA The City Council agenda and supporting documentation is made available for public review during normal business hours in the Office of the City Clerk, 2000 Main Street immediately following distribution of the agenda packet to a majority of the City Council. Packet delivery typically takes plan on W ednesday afternoons prior to the regularly scheduled meeting on Monday. The agenda packet is posted on the city’s website at http://www.huntingtonbeachca.gov/Government/agendas/. Questions on agenda items may be directed to the City Clerk’s Office at (714) 536-5227. AUDIO/VIDEO ACCESS TO CITY COUNCIL MEETINGS City Council meetings are televised live on cable TV Channel 3, and can be viewed via live or archived web cast at http://www.huntingtonbeachca.gov/Government/agendas/. SUPPLEMENTAL COMMUNICATION Staff and members of the public have the opportunity to submit information related to an agenda item following distribution of the agenda packet to the City Council. This information is identified as “Supplemental Communication” and is assembled into a packet by the City Clerk on the day of the City Council meeting. The Brown (Open Meetings) Act requires that copies of Supplemental Communication be made available to the public immediately upon distribution of material to a majority of the City Council. Communication received by any individual at the meeting will be made available to the public in the City Clerk’s Office the following morning. AWARDS AND PRESENTATIONS Awards, presentations, and proclamations made by the Mayor on behalf of the City. The Public Information Office coordinates the arrangements with the Mayor and submits a list of presentations through the City Manager’s Office. WEB ACCESS: **REMINDER** Live Broadcast and audio and video archives can be accessed at http://huntingtonbeach.granicus.com As a courtesy to those in attendance, please silence your cell phones and pagers HB -1- PUBLIC COMMENTS This is the time of the meeting for the City Council to receive comments from the public regarding items of interest or agenda items not scheduled for Public Hearing. Pursuant to the Brown (Open Meetings) Act, the City Council may not enter into discussion regarding items not on the City Council agenda. Members of the public who wish to speak to a member of the Council on an item not on the agenda may consider setting up an individual appointment by contacting the Council's Administrative Assistant at 714-536-5553. The following statement applies to any public exchange of comments during City Council meetings: “The City Council strives to treat members of the public with respect. Comments or concerns provided by the public shall be done in a civil and respectful manner. Any public comments that are discriminatory, defamatory or otherwise not protected speech, whether as to race, religion, disability, sexual orientation, or any other protected classification, will not be considered by the City Council and may be a basis for the Mayor to interrupt the public comment. In addition, any such public comments will not be consented to, agreed to, ascribed to, or otherwise adopted by the City Council in its considerations, deliberations, discussions, and findings regarding any matter before it tonight. The City Council provides this public opportunity for free speech, but the City Council categorically rejects comments from anyone, including the public, that are of a discriminatory nature, and such comments will not inform the City Council’s decision.” To participate in Public Comments, pink Request to Speak forms are available at the Chambers entrance and are collected by the Sergeant at Arms. Each speaker is allowed 3 minutes, and time may not be donated to another speaker. COUNCIL COMMITTEE / APPOINTMENTS / LIAISON REPORTS AND ALL AB 1234 DISCLOSURE REPORTING This agenda item allows Councilmembers to make announcements regarding Council committees, appointments or liaison reports, and all individuals as appropriate to disclose any conferences, training, seminars, etc. attended at the Agency’s expense, per Government Code §53232.3(d). Lists of the conferences, training, seminars, and other activities generally attended by the City Council, City Manager, City Attorney, City Clerk, and City Treasurer are included as appendices to the City Budget. The budget is available on the city’s website at http://www.huntingtonbeachca.gov/Government/budget_information/. Exceptions to these lists have been submitted as a report to the City Clerk for inclusion in the record of this meeting.. PUBLIC HEARING Public Hearings allow citizens to speak in favor or against specific items brought to Council by staff. Staff may provide a presentation. The Mayor will open the Public Hearing to receive comments on that specific item. Upon hearing all public comments, the Mayor will close or continue the Public Hearing. Council may then decide to engage in discussion and/or take action on the item. To participate in a Public Hearing, green Request to Speak forms are available at the Chambers entrance and are collected by the Sergeant at Arms. ADMINISTRATIVE HEARING Administrative Hearings required by Huntington Beach Municipal Code Section 1.18 entitle only affected property owners to speak on a respective item. To participate in the Administrative Hearing, blue Request to Speak forms are available at the Chambers entrance and are collected by the Sergeant at Arms (the Police Officer located near the speakers’ podium). CONSENT CALENDAR Consent Calendar items are considered routine items that do not normally require separate consideration. The City Council/Public Financing Authority usually makes one motion for approval of all the items listed under this section. However, Council may remove an item from the motion for discussion purposes. ADMINISTRATIVE ITEMS Administrative Items are considered separately and require separate motions. These actions are normally of a non-routine nature, and frequently require a staff presentation. ORDINANCES Ordinances require two readings before the City Council. They are first introduced, and then adopted at a subsequent meeting. Ordinances typically become law thirty (30) days after adoption. However, an emergency ordinance may be adopted upon introduction, and is effective immediately. COUNCILMEMBER ITEMS This portion of the agenda is provided for Items of business presented by individual members of the City Council. HB -2- -1- City Council/PFA Agenda – Monday, July 17, 2017 FRED A. WILSON City Manager MICHAEL E. GATES City Attorney ROBIN ESTANISLAU City Clerk ALISA CUTCHEN City Treasurer AGENDA Monday, July 17, 2017 CITY COUNCIL/PUBLIC FINANCING AUTHORITY CITY OF HUNTINGTON BEACH 4:00 PM - Study Session 6:00 PM - Regular Meeting Council Chambers - 2000 Main Street Huntington Beach, CA 92648 http://www.huntingtonbeachca.gov MAYOR AND CITY COUNCIL BARBARA DELGLEIZE Mayor MIKE POSEY PATRICK BRENDEN Mayor Pro Tem Councilmember JILL HARDY WILLIAM O’CONNELL Councilmember Councilmember ERIK PETERSON LYN SEMETA Councilmember Councilmember 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER Mayor Pro Tem Posey has requested permission to be absent pursuant to Resolution No. 2001-54 ROLL CALL O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, Peterson ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) STUDY SESSION 1. City Manager and City staff to present an overview of the Proposed Fiscal Year 2017/18 Budget 2. Update of the City Council Ad Hoc Committee review of the Republic Services refuse franchise agreement RECESS TO CLOSED SESSION Mayor Delgleize to Announce: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiator, City Manager Fred Wilson, who will be participating in today's HB -3- -2- City Council/PFA Agenda – Monday, July 17, 2017 Closed Session discussions regarding labor negotiations with: Huntington Beach Firefighters' Association (HBFA), Huntington Beach Police Officers' Association (POA), Surf City Lifeguard Employees’ Association (SCLEA) and Management Employees' Organization (MEO). CLOSED SESSION 3. Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: George and Kathleen Pickett v. City of Huntington Beach/Steven Tilton, Orange County Superior Court Case No. 30-2014- 00754342. 4. Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Michael and Todd Bartlett v. City of Huntington Beach/Michael Baumgartner, Orange County Superior Court Case No. 30- 2015-00778560. 5. Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiators and Fred Wilson, City Manager regarding the following: Huntington Beach Police Officers’ Association (POA), Surf City Lifeguards Association (SCLEA), Huntington Beach Firefighters’ Association (HBFA), and Management Employees’ Organization (MEO). 6. Pursuant to Government Code §54956.9(d)(2) the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, two (2). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING Mayor Pro Tem Posey has requested permission to be absent pursuant to Resolution No. 2001-54 ROLL CALL O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, Peterson PLEDGE OF ALLEGIANCE INVOCATION - Rev. Anthony Boger of Surf City Methodist Church and member of the Greater Huntington Beach Interfaith Council In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. HB -4- -3- City Council/PFA Agenda – Monday, July 17, 2017 CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS Mayor Delgleize to call on Victoria Alberty to present the Adoptable Pet of the Month. Mayor Delgleize to present commendation to Barbara Haynes of De Guelle Glass for the company’s recent generosity and act of kindness. Mayor Delgleize to call Community Services Director Janeen Laudenback who will promote the fact that parks and recreation programs contribute to the quality of life for the Huntington Beach community. Mayor Delgleize to call on former Huntington Beach Mayor Shirley Dettloff who will present a 50th anniversary commendation to the Boys & Girls Club. Mayor Delgleize to present commendation to Detective Phil Gasca for his 45 year dedication to the communities of Los Angeles and Huntington Beach. Mayor Delgleize to call on Fire Chief David Segura to present the Mayor’s Award to Captain Dave Ferguson. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3 Minute Time Limit) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES 1. The Historic Wintersburg Task Force will give an update at the request of Council Liaisons Jill Hardy and Erik Peterson CITY MANAGER'S REPORT 2. City Manager Wilson to call on the Fire and Police Chiefs to present a recap of issues related to public safety and other information on the Fourth of July holiday weekend CONSENT CALENDAR 3. Approve and adopt minutes Recommended Action: Review and adopt the City Council/Public Financing Authority regular meeting minutes dated June 19, 2017, as written and on file in the office of the City Clerk. HB -5- -4- City Council/PFA Agenda – Monday, July 17, 2017 4. Receive and file City of Huntington Beach Strategic Plan Updates Recommended Action: Receive and File the Six-Month Strategic Objectives. 5. Approve appointments and reappointments to the Community Services Commission (CSC) with terms to expire June 30, 2018, as recommended by the local School Districts Recommended Action: A) Appoint Vanessa Angeles, Westminster School District Representative to a term of July 1, 2017 to June 30, 2018; and, B) Appoint Mark Bixby, Ocean View School District Representative to a term of July 1, 2017 to June 30, 2018; and, C) Reappoint Albert Gasparian, Coast Community College District Representative to a term of July 1, 2017 to June 30, 2018; and, D) Reappoint Bridget Kaub, Huntington Beach City School District Representative to a term of July 1, 2017 to June 30, 2018; and, E) Reappoint Roy Miller, Huntington Beach Union High School District Representative to a term of July 1, 2017 to June 30, 2018. 6. Accept resignation and approve an appointment to the Human Relations Task Force (HRTF) as recommended by the City Council liaisons to the Task Force, Councilmembers Jill Hardy and Lyn Semeta Recommended Action: Accept the resignation of Youngsun Park and approve the appointment of Dawn Hansen to the Human Relations Task Force with a term to expire December 31, 2019 as recommended by the City Council liaisons to the Task Force, Councilmembers Jill Hardy and Lyn Semeta. 7. Request to approve the infrastructure improvements at Huntington Central Park as recommended by the Huntington Central Park Subcommittee of the Community Services Commission Recommended Action: Approve the Huntington Central Park infrastructure improvements as recommended by the Huntington Central Park Subcommittee of the Community Services Commission. 8. Approve the West Orange County Water Board (WOCWB) proposed budget for Fiscal Year 2017-18, with the City of Huntington Beach amount of $51,051 HB -6- -5- City Council/PFA Agenda – Monday, July 17, 2017 Recommended Action: Approve the West Orange County Water Board (WOCWB) proposed budget for Fiscal Year 2017-18, with the City of Huntington Beach amount of $51,051. 9. Approve and accept the public improvements, release the securities for Tract 17930 (Monarch Walk Subdivision, south of Slater Avenue, west of Newland Street) and accept Guarantee & Warranty Bond Recommended Action: A) Accept the improvements constructed and dedicated for public use with Tract 17930 and instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (Attachment 1) with the Orange County Recorder; and, B) Release Faithful Performance Bond No. PB03010402994, Labor and Materials Bond No. PB03010402994 and Monument Bond No. PB03010402995, pursuant to the California Government Code Section No. 66499.7(a); and, C) Accept Guarantee and Warranty Bond No. PB03010402994-A (Attachment 2); the security furnished for guarantee and warranty of public improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, D) Instruct the City Clerk to notify The Olson Company, the subdivider of Tract No. 17930, and the City Treasurer to notify Philadelphia Indemnity Insurance Company, of these actions. 10. Adopt Resolution No. 2017-36 approving the Certification of Special Assessments for Delinquent Civil Fines for Municipal Code Violations Recommended Action: Adopt Resolution No. 2017-36, "A Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments for Collecting Delinquent Civil Fines for Nuisance Violations of the Municipal Code." 11. Authorize execution of a contract with Community Service Programs (CSP), Inc. to provide victim/witness services to domestic violence crime victims through funding provided by the California Governor’s Office of Emergency Services (OES) Violence Against Women Act Grant Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and Community Service Programs (CSP), Inc. for Victim and Witness Assistance Services." 12. Approve and authorize execution of a Memorandum of Understanding (MOU) Between the City of Huntington Beach and Grant Partners County of Orange (OC Parks) for the Installation and Maintenance of Marina Trash Skimmer in Huntington Harbour; and, approve Sole Source Justification HB -7- -6- City Council/PFA Agenda – Monday, July 17, 2017 Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute "Memorandum Of Understanding Between the City of Huntington Beach and County of Orange for the Installation and Maintenance of Marina Trash Skimmer(s) in Huntington Harbour;" and, B) Approve and authorize Sole Source Justification. PUBLIC HEARING 13. Approve and authorize execution of a Sales Tax Sharing Agreement between the City and Surf City Auto Group II, Inc., for the opening of a new stand alone Jeep dealership Recommended Action: A) Approve and authorize the Mayor and City Manager to execute the "Sales Tax Agreement Between the City of Huntington Beach and Surf City Auto Group II, Inc."; and, B) Increase appropriation as revenue is received above the base to pay for City's share of the Sales Tax Sharing Agreement; and, C) Authorize the City Manager or designee to execute any additional documents required to further the Agreement. ADMINISTRATIVE ITEMS 14. Approval of Tentative Agreement and Introduction of Proposed Memorandum of Understanding (MOU) between the Surf City Lifeguard Employees’ Association (SCLEA) and the City of Huntington Beach for October 1, 2015, through December 31, 2017 Recommended Action: Approve the "Tentative Agreement" and the introduction of the proposed "Memorandum of Understanding Between the Surf City Lifeguard Employees’ Association and the City of Huntington Beach for the period October 1, 2015, through December 31, 2017." 15. Approval of Tentative Agreement and Introduction of Proposed Memorandum of Understanding (MOU) between the Huntington Beach Firefighters’ Association (HBFA) and the City of Huntington Beach for July 1, 2017, through June 30, 2018 Recommended Action: Approve the "Tentative Agreement" and the introduction of the proposed "Memorandum of Understanding Between the Huntington Beach Firefighters’ Association and the City of Huntington Beach for the period July 1, 2017, through June 30, 2018." HB -8- -7- City Council/PFA Agenda – Monday, July 17, 2017 ORDINANCES FOR INTRODUCTION 16. Approve for introduction Ordinance No. 4116, adding Huntington Beach Municipal Code (HBMC) Chapter 2.71 and repealing Chapter 2.70 relating to transparency in labor negotiations Recommended Action: Approve for introduction Ordinance No. 4116, "An Ordinance of the City of Huntington Beach Repealing Chapter 2.70 Relating to Openness in Labor Negotiations and Replacing with Ordinance No. 4116, Chapter 2.71 Relating to Openness in Labor Negotiations." COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, August 07, 2017, 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 HB -9- CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Attention: From: Date: Subject: Honorable Mayor and City Council Members Robin Estanislau, City Clerk Mike Posey, Mayor Pro Tern July 10, 2017 NOTICE OF ABSENCE I will be absent from the regular City Council Meeting scheduled for July 17, 2017. Pursuant to City Council Resolution Number 2001-54, and there being no objection, the City Council's permission for this absence shall be expressed in the official minutes of this meeting. xc: Fred Wilson, City Manager HB -10-Item - 1 Minutes City Council/Public Financing Authority City of Huntington Beach Monday, June 19, 2017 4:30 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 4:30 PM and 6:00 PM portion of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ Based on the limited amount of time needed to cover items in Study Session and Closed Session, the meeting was called to order at 4:30 PM 4:30 PM - COUNCIL CHAMBERS CALLED TO ORDER — 4:31 PM ROLL CALL Present: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson 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: For Study Session Item No. 1, a PowerPoint communication entitled City Regulation of Marijuana Distribution, Use, and Sales, and Prop 64 Update. PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) — None STUDY SESSION 1. City Regulation of Marijuana Sales and Distribution and Prop 64 Update from City Attorney and Police Chief City Attorney Michael Gates and Police Chief Robert Handy made a PowerPoint presentation entitled City Regulation of Marijuana Distribution, Use, and Sales, and Prop 64 Update with slides entitled: City's Existing Regulation of Marijuana through Land Use Federal Law, California's Proposition 64, Prop 64 - Personal Use, Under Prop 64, Areas of Possible City Regulation, Impacts of Legalization in Colorado (2), Other Impacts, Under Prop 64, City's Proposed Express Regulation of Distribution, Use, and Sales of Recreational Use Marijuana, and Questions. Mayor Delgleize and Councilmember Hardy discussed with Attorney Gates state certification for dispensaries and zoning within the City and various requirements. HB -11-Item 3. - 1 Council/PFA Regular Minutes June 19, 2017 Page 2 of 15 Mayor Pro Tem Posey and Attorney Gates discussed dispensary banking services (all cash business) and how taxes would be tracked. Councilmember Semeta and Chief Handy discussed statistics related to the intoxication limit regarding marijuana for a DUI. Mayor Pro Tem Posey, Attorney Gates and Police Chief Handy discussed medical marijuana vs. prescriptions and how dosage levels are determined, recommended and controlled. Councilmember Brenden, Chief Assistant City Attorney Mike Vigliotta and Police Chief Handy discussed upcoming legislation regarding lot control and chain of custody requirements. Councilmember Brenden and Police Chief Handy also discussed regulations for child or tamper-proof packaging for edibles. Councilmember Brenden and City Attorney Gates further discussed current City regulations regarding sales, delivery and cultivation. Councilmember O'Connell and Chief Handy discussed unrealistic sales tax benefits for approved marijuana sales locations when statistics indicate increased expenses resulting from increased crime rates. Councilmember Peterson shared his knowledge of three other cities that are determining municipal regulations related to marijuana use and statistics from presentations at several Southern California Association of Government (SCAG) meetings. City Attorney Gates stated that Proposition 64 allows for the taxing of recreational sales, but does not allow taxing of medical sales. Councilmember Brenden, City Attorney Gates and Chief Handy discussed generally how other area cities are governing medical and recreational sales. Councilmember O'Connell and Chief Handy discussed the percentage of fatal traffic accidents involving drugs and/or alcohol use. Mayor Pro Tem Posey and Chief Handy discussed that marijuana sales (whether medical or recreational) is a growth industry, and police chiefs from other states that have approved sales compare it to big tobacco. Councilmember Peterson stated that according to reports through SCAG, the state of California is the biggest consumer, even before it became legal. Councilmember Semeta and Chief Handy discussed the difficulty of being able to distinguish medical versus recreational cultivation and enforcement. RECESS TO CLOSED SESSION — 5:05 PM A motion was made by Posey, second Brenden to recess to Closed Session for Item Nos. 2 – 4. With no objections, the motion passed. Mayor Delgleize Announced: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiator, City Manager Fred Wilson, who will be participating in today’s Closed Session discussions regarding labor negotiations with: Huntington Beach Firefighters’ Association (HBFA), Huntington Beach Police Officers’ Association (POA), and/or Surf City Lifeguard Employees’ Association (SCLEA). HB -12-Item 3. - 2 Council/PFA Regular Minutes June 19, 2017 Page 3 of 15 CLOSED SESSION 2. Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: George and Kathleen Pickett v. City of Huntington Beach/Steven Tilton, Orange County Superior Court Case No. 30-2014-00754342. 3. Pursuant to Government Code § 54957.6, the City Council recessed into Closed Session to meet with its designated labor negotiators and Fred Wilson, City Manager regarding the following: Huntington Beach Firefighters’ Association (HBFA), Huntington Beach Police Officers’ Association (POA), and/or Surf City Lifeguard Employees’ Association (SCLEA). 4. Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: Michael Johnson vs. City of Huntington Beach, WCAB Case Nos. ADJ9771842; ADJ977184; ADJ9771638; ADJ9771698; & ADJ9771844; Claim Nos. COHB-12-0277; 13-0178; 14-0052; 14-0108; & 14- 0302. 6:00 PM – COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:10 PM ROLL CALL Present: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember Brenden INVOCATION - Rev. Kelly Frankiewicz of Leisure World Community Church, Seal Beach and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY — None AWARDS AND PRESENTATIONS Mayor Delgleize called on Victoria Alberty who presented the Adoptable Pet of the Month. Karen of Top Dog Barkery introduced 6-month old Jelly Belly who is half Husky and needs lots of running room, but is very social. Ms. Alberty also invited everyone to the Sunday, June 25, Wags and Wine Fundraiser, at Pasea Hotel. Mayor Delgleize presented commendation to Dr. Watt "Doc" for his years of service at Smith Middle School. Doc shared his appreciation for the team he has worked with for the last 28 years at Smith Middle School. During his 40 year career in education he has been able to reach over 1,000 kids and mentor 200 - 300 student teachers. He also thanked the City Council for their support of education. Mayor Delgleize presented commendation to Band Director Thomas Ridley of the Huntington Beach Concert Band for his 40 years of leadership. Linda Couey, General Manager, Huntington Beach Concert Band, highlighted Mr. Ridley’s service as Band Director. Mr. Ridley expressed appreciation for the unexpected recognition, and announced that the summer concert series for this year will begin on Sunday, June 25 in Central Park. HB -13-Item 3. - 3 Council/PFA Regular Minutes June 19, 2017 Page 4 of 15 Mayor Delgleize called on representatives of Mothers Against Drunk Drivers (MADD) who honored members of the Huntington Beach Police Department with the annual Law Enforcement Recognition and Deuce Awards for DUI arrests. Robert Cox, Program Manager for MADD, announced the following award recipients: Law Enforcement Recognition (LER) Award (100 or more DUI arrests) Officer Doug Demetre – 215 arrests Officer Tai Huynh – 143 arrests MADD Deuce Award (25 – 99 DUI arrests) Officer Bryn Fedderson – 35 arrests Officer Grant Hasselbach – 34 arrests Officer Stefani Williams – 32 arrests Officer Steven Tennant – 25 arrests Mayor Delgleize called on Community Services Commissioner and Committee Chair Roy Miller who announced the Youth Sports Grants Awardees. The Youth Sports Grant Program is designed to improve facilities for youth sports in Huntington Beach through capital improvement projects. Grants are funded through annual park fees, which totaled $52,000 this year. The 2016/17 awardees are: • AYSO 55, $12,000 for the renovation of a grass area at College View School; • HB Girls Softball, $8,500 for the expansion of safety fencing and moving a practice backstop at Circle View Elementary School; • HB High School Softball Boosters, $1,500 for permanent fencing for the varsity softball field at Huntington Beach High School; • Huntington Valley Little League, $10,000 for installation of a new irrigation system for baseball fields at Wardlow Park; • Ocean View Little League, $10,000 for installation of a new batting cage at Parkview School; and Seaview Little League, $10,000 for installation of a new batting cage at LeBard School and Park. Mayor Delgleize presented a commendation to representatives of Ricos Tacos for their participation in the Sustainable Business Certification Program. Mayor Delgleize called on Community Services Director Janeen Laudenback who presented the Mayor’s Award to Facilities, Development & Concessions Manager, David Dominguez. Director Laudenback described Mr. Dominguez as being instrumental, usually behind the scenes, in utilizing his people skills and expertise to work with multiple departments to ensure that projects are completed. Mr. Dominguez has served with the Community Services Department at Oak View Community Center, the City TEAM, the City Gym and Pool, in Park Development and Facilities and Concession Management. Director Laudenback stated that David’s work, particularly in the area of Park Development, creates a legacy for generations to come. 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: HB -14-Item 3. - 4 Council/PFA Regular Minutes June 19, 2017 Page 5 of 15 For Consent Calendar Item No. 17, nine (9) email communications received from: Autumn DiGiovanni, Nancy Duremdes, Bill and Elaine Gailing, Jo Ellen Pendergraft, Rob Pool, Cari Swan, Ann Takington, Deanne Thompson, and Linda Wentzel. PUBLIC COMMENTS (3 Minute Time Limit) — 21 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. Stephanie Deagle, Chair, American Cancer Society HB Relay for Life, was called to speak and shared details for this year's 24-hour event in Central Park West, on August 12, 10 a.m. to August 13, 10 a.m., with activities for all ages. Details for this event and other fundraisers can be found at relayforlifehb.com. (01:15:05) Cari Swan was called to speak and stated her opposition to Consent Calendar Item No. 17, regarding the Magnolia Tank Farm, and that high density zoning should not be approved for the site. (01:16:34) Nancy Buchoz was called to speak and stated her opposition to Consent Calendar Item No. 17, regarding the Magnolia Tank Farm, and that high density zoning should not be approved for the site. (01:19:40) Shawnee Miller was called to speak and stated her opposition to Consent Calendar Item No. 17, regarding the Magnolia Tank Farm, and that high density zoning should not be permitted for the site. (01:21:13) Tad Buchoz was called to speak and stated his opposition to Consent Calendar Item No. 17, regarding the Magnolia Tank Farm, and that high density zoning should not be permitted for the site. (01:21:46) Alan Walls was called to speak and stated his support of Consent Calendar Item No. 17, and his opinion that the Environmental Impact Report (EIR) is necessary to determine the independent pros and cons for the Magnolia Tank Farm project. (01:23:12) Natalie Buchoz was called to speak and stated her opposition to Consent Calendar Item No. 17, regarding the Magnolia Tank Farm, and that high density zoning should not be permitted for the site. (01:25:44) Jo Ellen Pendergraft was called to speak and stated her support for Consent Calendar Item No. 17, and her opinion that the Environmental Impact Report (EIR) is necessary to determine the independent pros and cons for the Magnolia Tank Farm project. (01:27:27) Liz Howell was called to speak and stated her support for Consent Calendar Item No. 17, and her opinion that the Environmental Impact Report (EIR) is necessary to determine the independent pros and cons for the Magnolia Tank Farm project. (01:29:00) Connie Mandic was called to speak and stated her opposition to Councilmember Item No. 19, Zoning Text Amendment to the Holly Seacliff Specific Plan, which in her opinion is by-passing the normal neighbor notification and public comment process for zoning changes. (01:30:00) Dr. Mikel Hogan, Residents for Responsible Desalination, was called to speak and shared her opinions about issues with the Poseidon Desalination project. (01:33:09) HB -15-Item 3. - 5 Council/PFA Regular Minutes June 19, 2017 Page 6 of 15 Kathy Carrick was called to speak and shared her opinion about the conditions at Murdy Park, and that it might be beneficial to use park improvement funds to address cleanliness and safety issues throughout the City. (01:36:20) Dominc Menaldi was called to speak and stated his opposition to Consent Calendar Item No. 17, regarding the Magnolia Tank Farm, and that high density zoning should not be permitted for the site. (01:39:23) Amory Hanson, Candidate for City Council in 2018, was called to speak and shared his opinions on ways to address the issues in the Downtown area. (01:41:56) Robert Vale, Citizens Against Tank Farm Development, was called to speak and stated his opposition to Consent Calendar Item No. 17, regarding the Magnolia Tank Farm, and that high density zoning should not be permitted for the site. (01:44:58) Andrissa Dominquez was called to speak and shared her opinion that, as a resident of the Downtown area, living conditions have deteriorated in the last ten years, and she described a recent personal assault situation. (01:46:22) Deryl Robinson was called to speak and stated his support for Consent Calendar Item No. 17, and his opinion that the Environmental Impact Report (EIR) is necessary to determine the independent pros and cons for the Magnolia Tank Farm project. (01:49:56) Gina Clayton-Tarvin, President, Ocean View School District Board of Trustees, was called to speak and stated her concerns about the General Plan Update and Draft Environmental Impact Report related to industrial intensification near schools, the impact of residential development and environmental justice. (01:50:28) John Briscoe, Elected Trustee, Ocean View School District, was called to speak and stated his personal concerns about environmental justice, industrial intensification, and high density development in the City as stated in the General Plan Update and Draft Environmental Impact Report. (01:53:35) Milt Dardis was called to speak and stated his opposition to Consent Calendar Item No. 17, regarding the Magnolia Tank Farm, and his opinion that a majority of neighboring residents are also against this project. (01:56:46) Bobbi Ashurst was called to speak and stated her opposition to Consent Calendar Item No. 17, regarding the Magnolia Tank Farm, for all of the reasons stated by previous speakers in opposition. She also expressed her disappointment that all medical marijuana dispensaries are being closed down in the City, making it more difficult to secure her medical marijuana. (01:59:59) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Hardy reported meeting with members of the Police Officers' Association (POA). Mayor Pro Tem Posey reported meeting with members of the POA and attending County Vector Control Board and Budget and Finance meetings. Out of twenty-one (21) Vector Control traps, none have shown evidence of West Nile virus. Councilmember O'Connell reported meeting with members of the POA as well as with representatives of the Fire Department Union. HB -16-Item 3. - 6 Council/PFA Regular Minutes June 19, 2017 Page 7 of 15 Councilmember Brenden reported attending meetings of the Homelessness Sub Committee, 4th of July Executive Board, Downtown BID Board, and School District Board, as well as meeting with members of the POA. Mayor Delgleize reported meeting with members of the POA. CITY MANAGER’S REPORT 1. Community Development Department, Building Division Overview provided by Building Manager Mark Carnahan City Manager Fred Wilson introduced Building Manager Mark Carnahan who made a PowerPoint presentation entitled Community Development Department Building Division Overview, with slides entitled We Enforce the State Code, Code Compliance, Plan Check, Plan Check Guidelines, Permits, Inspections, Services Offered, Online Services, and The Best Advice: Please Contact the Building Division Earlier Than Later. CONSENT CALENDAR Councilmember Peterson pulled Consent Calendar Item Nos. 3, 10, 12, and 17 for further discussion. Councilmember Brenden pulled Consent Calendar Item No. 13 for further discussion. 2. Approved and adopted minutes A motion was made by Brenden, second Posey to review and adopt the City Council/Public Financing Authority regular meeting minutes dated June 5, 2017, as written and on file in the office of the City Clerk. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 3. Received and filed the City of Huntington Beach Strategic Plan Grid Updates Councilmember Peterson pulled this item to state his "No" vote because in his opinion the Strategic Plan does not get a proper detailed review by the public. Councilmember O'Connell stated his concurrence with Councilmember Peterson's statement and therefore will also be voting "No". A motion was made by Hardy, second Posey to receive and file the Six-Month Strategic Objectives. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, and Brenden NOES: O’Connell, Semeta, and Peterson 4. Received and filed City Clerk’s Quarterly listing of Contracts filed in the City Clerk’s office between January 1, 2017, and March 31, 2017 HB -17-Item 3. - 7 Council/PFA Regular Minutes June 19, 2017 Page 8 of 15 A motion was made by Brenden, second Posey to receive and file the "List of Contracts Approved by Department Heads and Submitted to the Office of the City Clerk During the Period of January 1, 2017, through March 31, 2017." The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 5. Approved reappointments to the Historic Resources Board (HRB) with terms to expire July 2021, as recommended by City Council liaisons to the Board, Councilmembers Hardy and Peterson A motion was made by Brenden, second Posey to approve the reappointment of Kathie Schey, Ronald Knowles, and Duane Wentworth to the Historic Resources Board as recommended by City Council liaisons to the Board, Councilmembers Hardy and Peterson, with terms to expire on July 1, 2021. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 6. Approved appointments and reappointments to the Huntington Beach Youth Board (YB) with terms to expire June 2018, as recommended by the City Council liaisons to the Board, Councilmembers Hardy and Semeta A motion was made by Brenden, second Posey to as recommended by City Councilmember liaisons Hardy and Semeta, approve the appointment of the following students to a one-year term on the Huntington Beach Youth Board with terms to expire June 2018: Tatum Osborne - Marina High School Amy Zeng - Huntington Beach High School Vincent Tseng - Edison High School Savannah Eljaouhari - Ocean View High School Anthony Novelli - Edison High School And as recommended by City Councilmember liaisons Hardy and Semeta, approve the reappointment of the following students to a one-year term on the Huntington Beach Youth Board with terms to expire June 2018: Micayla Shook - Ocean View High School, Representative Devin Hughes - Edison High School, Representative Ella Thomas - Huntington Beach High School, Representative Briana Spainhour - Marina High School, Representative The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None HB -18-Item 3. - 8 Council/PFA Regular Minutes June 19, 2017 Page 9 of 15 7. Approved the Infrastructure Fund Annual Report for Fiscal Year 2015-2016 A motion was made by Brenden, second Posey to approve the Infrastructure Fund Annual Report for FY 2015-2016. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 8. Received and filed the Commercial Solid Waste Rate Schedule Effective July 1, 2017 A motion was made by Brenden, second Posey to receive and file the rate sheet for Commercial Solid Waste collection and disposal service effective July 1, 2017, which becomes the new Exhibit A of the Revised and Restated Refuse Collection and Disposal Services Franchise Agreement. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 9. Adopted Resolution No. 2017-14 concerning the status and update of the City’s Circulation Element, Local Signal Synchronization Plan (LSSP), and Mitigation Fee Program for the Measure M (M2) Program A motion was made by Brenden, second Posey to adopt Resolution No. 2017-14, "A Resolution of the City Council of the City of Huntington Beach Concerning the Status and Update of the Circulation Element, Local Signal Synchronization Plan, and Mitigation Fee Program, for the Measure M (M2) Program." The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 10. Adopted Resolution No. 2017-23 authorizing the City to levy the Annual Retirement Property Tax for Fiscal Year 2017/18 to pay for pre-1978 Employee Retirement Benefit Levels Councilmember Peterson pulled this item to state his "No" vote because he will not support this tax. A motion was made by Hardy, second Posey to adopt Resolution No. 2017-23, "A Resolution of the City Council of the City of Huntington Beach Levying a Retirement Property Tax for Fiscal Year 2017/18 to Pay for Pre-1978 Public Employee Retirement Benefits of $0.01500 per $100 of assessed valuation." The tax rate of $0.01500 would continue the tax rate included in the current Fiscal Year 2016/17 Adopted Budget. The motion carried by the following vote: AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden NOES: Semeta, and Peterson HB -19-Item 3. - 9 Council/PFA Regular Minutes June 19, 2017 Page 10 of 15 11. Adopted Resolution No. 2017-24 authorizing certain City Employees and Hinderliter, DeLlamas & Associates (HDL) access to Sales and Use Tax Records A motion was made by Brenden, second Posey to adopt Resolution 2017-24, "A Resolution of the City Council of the City of Huntington Beach Repealing Resolution No. 2014-27 and Authorizing Certain City Employees and Hinderliter, de Llamas & Associates Access to Sales and Use or Transactions and Use Tax Records Pursuant to Section 7056 of the Revenue and Taxation Code." The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 12. CONTINUED TO A DATE UNCERTAIN — Adopt Resolution No. 2017-25 establishing its policy for the naming of City Parks, Park Features, and Community Facilities and repealing conflicting resolutions Councilmember Peterson pulled the item to confirm with Director of Community Services Janeen Laudenback the Historic Resources Board’s (HRB) level of involvement in the process for historical naming situations. A motion was made by Peterson, second Delgleize to continue to date uncertain request to adopt Resolution No. 2017-25, “A Resolution of the City Council of the City of Huntington Beach establishing its policy for the Naming of City P arks, Part Features and Community Facilities and Repealing Conflicting Resolutions, amended to include language indicating that if a park, or other community facility is to receive a name with historical significance, the Historic Resources Board will be consulted. The amended motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 13. Adopted Resolution No. 2017-28 amending Resolution No. 2016-59 which established a Consolidated Comprehensive Citywide Master Fee and Charges Schedule for parking rate modifications for the 2017 Fourth of July weekend (Supplemental Fee Resolution No. 1) Councilmember Brenden pulled this item to clarify that an Annual Beach Parking Pass can be used during times of temporary increased parking rates. A motion was made by Brenden, second Hardy to adopt Resolution 2017-28, "A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 2016-59 Which Established a Consolidated Comprehensive Citywide Master Fee and Charges Schedule (Supplemental Fee Resolution No. 1)," related to temporary parking rates for 4th of July activities at the South Beach lots and Main Promenade Parking Structure. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None HB -20-Item 3. - 10 Council/PFA Regular Minutes June 19, 2017 Page 11 of 15 14. Approved and authorized execution of Contract Amendment No. 1 with Rosenow Spevacek Group, Inc. (RSG) in the amount of $30,000 through June 15, 2018, for Affordable Housing Compliance Monitoring of HOME Projects A motion was made by Brenden, second Posey to approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and Rosenow Spevacek Group, Inc. for Affordable Housing Compliance Monitoring" to June 15, 2018, in the amount not-to-exceed $30,000. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 15. Approved and authorized execution of Amendment #1 to Professional Services Contract with Jensen Hughes, Inc. in the amount of $175,000 for Fire Prevention Inspection and Plan Review Services A motion was made by Brenden, second Posey to approve and authorize the Mayor and City Clerk to execute "Amendment No.1 to Professional Services Contract Between the City of Huntington Beach and Jensen Hughes, Inc. for Fire Prevention Inspection and Plan Review Services;" the recommended action will also increase the Fire Department's professional services listing authority by a commensurate amount to ensure compliance with Administrative Regulation No. 228. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 16. Approved and authorized execution of Memorandum of Understandings (MOUs) between the City of Huntington Beach and grant partners Peter’s Landing Marina and Huntington Harbour Marina for the installation and maintenance of seven Marina Trash Skimmer (MTS) units in Huntington Harbour A motion was made by Brenden, second Posey to approve and authorize the Mayor and City Clerk to execute "Memorandum of Understanding Between the City of Huntington Beach and Peter's Landing Marina for the Installation and Maintenance of Marina Trash Skimmer(s) in Huntington Harbour;" and, approve and authorize the Mayor and City Clerk to execute "Memorandum of Understanding Between the City of Huntington Beach and Huntington Harbour Marina for the Installation and Maintenance of Marina Trash Skimmer(s) in Huntington Harbour." The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 17. Approved and authorized execution of a 3-year Professional Services Contract with Psomas in the amount of $510,213 for preparation of the Magnolia Tank Farm Environmental Impact Report; approved and authorized execution of a Reimbursement Agreement with SLF - HB Magnolia, LLC (Shopoff) in the amount of $510,213; approved an HB -21-Item 3. - 11 Council/PFA Regular Minutes June 19, 2017 Page 12 of 15 increase in the Community Development Department’s Professional Services listing authority by $510,213; and appropriated funds to be fully reimbursed Councilmember Peterson pulled this item to state his concern about the City fronting the money for the Environmental Impact Report (EIR) for three years. Community Development Director Scott Hess explained the developer’s process of making an initial deposit for the Professional Services Contract, and drawing down funds before an additional deposit is made, indicating that the City does not front the funds for the Environmental Impact Report. Councilmember Peterson stated a motion to move the project forward with a revised agreement that directs the developer to pay EIR costs up front. Councilmember O’Connell, City Manager Wilson and Director Hess discussed the process of drawing down funds from the initial deposit. In response to Councilmember Semeta’s inquiry, City Attorney Gates confirmed that the terms and conditions of the contract were approved as to form only. Councilmember Semeta and Director Hess discussed how the City is not obligated to complete the EIR if the applicant drops the project mid-stream. Director Hess also explained that the EIR cost includes the developer's preferred plan plus two alternatives, and Councilmember Semeta expressed her interest in having the consultant agreement state that one of the alternatives is for a single-family community. Mayor Pro Tem Posey and Director Hess discussed the rationale for exploring EIR alternatives, a process which provides for full disclosure of potential impacts if changes are approved during the process. Mayor Delgleize and Director Hess discussed that this item is not a commitment to approve or deny the project, but is only an approval to continue the request as part of the process to acquire facts for analysis. A substitute motion was made by Posey, second O’Connell to approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and Psomas for the Magnolia Tank Farm Environmental Impact Report" in the amount of $510,213 as prepared by the City Attorney (Attachment No. 1); and, approve and authorize the Mayor and City Clerk to execute a "Reimbursement - Planning - Agreement Between the City of Huntington Beach and SLF - HB Magnolia, LLC for Costs Incurred for the Magnolia Tank Farm Environmental Impact Report" in the amount of $510,213 as prepared by the City Attorney (Attachment No. 2); and, approve an increase in the Community Development Department's professional services listing authority by $510,213 for the preparation of the Magnolia Tank Farm Environmental Impact Report to ensure compliance with Administrative Regulation Number 228, Section 7.1; and, appropriate funds as revenues are received in the amount of $510,213 from the General Fund to the Community Development Department Professional Services Account 10060201.69365 for the Professional Services Contract between the City and Psomas, which is funded by a full reimbursement agreement. The substitute motion carried by the following vote: AYES: O’Connell, Posey, Delgleize, Hardy, and Brenden NOES: Semeta, and Peterson HB -22-Item 3. - 12 Council/PFA Regular Minutes June 19, 2017 Page 13 of 15 ADMINISTRATIVE ITEMS 18. Approved report submitted on Downtown Huntington Beach maintenance and public improvements as directed by a Councilmember Item submitted by Councilmember Brenden and Mayor Pro Tem Posey Councilmember O'Connell stated that because he has business interest Downtown, he was recusing himself from this vote, and left the dais. City Manager Wilson introduced Assistant City Manager Ken Domer who presented an overview of the Downtown Maintenance and Repair matrix. Councilmember Brenden thanked staff for a prompt and detailed report in response to Council's request. Councilmember Brenden further amended this item to return to Council with an updated report every 30 days for the next 6 months. The City Manager will direct staff to continue working with the Downtown BID to prioritize and refine the list and the associated cost estimates. Future reports to include recommendations for addressing unbudgeted funding needs. Councilmember Peterson suggested that the report be updated with Council every 60 days to reduce the amount of staff time required for this effort. City Manager Wilson confirmed that it will take probably more than 30 days to include details on the projects that require the involvement of other vendors such as Edison. Both Councilmember Brenden and Mayor Pro Tem Posey agreed to the change. Mayor Pro Tem Posey thanked staff for including the colored map in their report, and Assistant City Manager Domer confirmed that the Public Works Maintenance Division and GIS staff were responsible for producing it. There was further discussion and confirmation that the next staff report will include an update on the Malco Maintenance Agreement. Councilmember Semeta confirmed with staff that the next report will show who is responsible for the various identified projects. A motion was made by Brenden, second Posey to receive and file the compiled report on maintenance and public improvement efforts in Downtown Huntington Beach, and, as amended, return to Council with an updated report every 60 days for the next 6 months. The City Manager will direct staff to continue working with the Downtown BID to prioritize and refine the list and the associated costs estimates. Future reports to include recommendations for addressing unbudgeted funding needs. The amended motion carried by the following vote: AYES: Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None ABSTAIN: O’Connell COUNCILMEMBER ITEMS 19. Item submitted by Councilmember Peterson approved — Direct staff to initiate a Zoning Text Amendment to amend the Holly Seacliff Specific Plan regarding Vehicle and RV storage HB -23-Item 3. - 13 Council/PFA Regular Minutes June 19, 2017 Page 14 of 15 Councilmember Peterson stated that this item is not changing the parcel’s zoning, but is providing a use opportunity. Using the land for this purpose will require site improvements to remove hazards, and will require a proposal for grading and temporary fencing that must be approved through the Planning Department. Councilmember Hardy confirmed with staff that the process will require public notification, approval by the Planning Commission, and City Council. She further stated her doubt that this will be an interim or temporary situation, but she will support this item to ensure the proper process is followed. Mayor Delgleize and Director Hess discussed that zoning will not be changed from RMH, but this item, if approved, would add the storage of vehicles and RVs to the existing residential use. Director Hess and Councilmember Hardy discussed that a defined time frame could be included in this item, or it could be added during the approval process. Councilmember Peterson stated that he would amend his recommended action to provide for review every five (5) years. Councilmembers Semeta and Brenden stated their support based on the clarification that the approval process includes public notification and discussion. A motion was made by Peterson, second Posey to approve as amended to direct staff to initiate a Zoning Text Amendment to amend the Holly Seacliff Specific Plan so that vehicle and recreational vehicle storage is an allowable interim use and minimize the required site improvements, as amended to include language that provides for review every five (5) years. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Hardy, Brenden, and Peterson NOES: Delgleize COUNCILMEMBER COMMENTS (Not Agendized) Mayor Pro Tem Posey reported touring Potter's Lane at American Family Housing in Midway City, making an appearance at the 6th Annual Pacific Coast Dreamin' Barefoot Ball to support the Bolsa Chica Conservancy, attending the Association of California Cities - Orange County (ACC-OC) Infrastructure Tour at West Coast Arborists, Inc. in Anaheim, and the 4th Annual Community and Clubs Hall of Fame at the Elks Lodge. Councilmember Semeta reported installing the new Board for The Friends of the Library, attending the Chilli at the Beach, and that she will be attending the International Museum of Surfing's attempt at the Guinness record for the Surfing Circle of Honor. She also encouraged people to visit the Corner Gallery at Huntington Beach Library to enjoy the new art display which includes watercolor art by her friend Carol Wolf. She thanked the Kiwanis for the great pancake breakfast made available on the 4th of July, and wished everyone a Happy 4th. Councilmember O'Connell reported attending the Opening Ceremony for Operation Surf Huntington Beach at Pier Plaza, the 6th Annual Pacific Coast Dreamin' Barefoot Ball, the (ACC-OC) Infrastructure Tour at West Coast Arborists, Inc., and Chili at the Beach. Also, he will be attending the Surfing Circle of Honor attempt to set a new Guinness record. HB -24-Item 3. - 14 Council/PFA Regular Minutes June 19, 2017 Page 15 of 15 Mayor Delgleize reported attending the Opening Ceremony for Operation Surf Huntington Beach at Pier Plaza, the Literacy Annual Awards event at Central Library for the volunteers who assist non or limited English speakers, and she will be attending the Surfing Circle of Honor attempt to set a new Guinness record, including the party at the end of the day at the Pasea Hotel. Councilmember Brenden congratulated all of the community's graduates whether elementary or middle school, high school or college, and recognized Spencer Hagerman, an Ocean View High School senior in the audience who is headed to Yale. Councilmember Brenden reported attending many of the events already mentioned, plus the Above and Beyond booth sponsored by Boeing at Discovery Cube Orange County, Santa Ana, the Chamber of Commerce monthly AM Connect Breakfast that featured Mayor Pro Tem Posey's State of the City address, A Few Good Men breakfast provided by Girls Inc. to recognize two men from the community who have helped to empower girls, and the 4th Annual Community and Clubs Hall of Fame luncheon sponsored by the Boy Scouts at the Huntington Beach Elks Lodge. ADJOURNMENT — At 8:20 PM to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, July 17, 2017, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. The regularly scheduled meeting of July 3, 2017, has been cancelled. ______________________________________ 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 HB -25-Item 3. - 15 Dept. ID AD 17-019 Page 1 of 2 Meeting Date: 7/17/2017 Statement of Issue: In 2009, the City Council began an annual strategic planning process to develop consensus on a Mission Statement, Three-Year Goals, and corresponding Priority Strategic Objectives. In fulfilling this process, the City Council met on January 26, 2017, to review and update the Three-Year Goals and their Priority Strategic Objectives. At the February 21, 2017, City Council meeting, the City Council approved the Strategic Objectives as developed at the January 26 off-site session. The Final Six-Month Strategic Objectives Grid is attached and this item closes out the January, 2017 Strategic Planning effort. Financial Impact: None Recommended Action: Receive and File the Six-Month Strategic Objectives. Alternative Action(s): Reject the updates and direct staff accordingly. Analysis: On January 26, 2017, the City Council, City Manager, and Department Heads met in a public meeting to update the three-year goals and to come to consensus on new Six-Month Strategic Objectives. Since that time, Staff has provided the attached matrix with updated information on the status of the Six-Month Strategic Objectives. At this time, the objectives are either completed, have a completion date within the next month, will not be completed due to issues found during the assessment phase or, are objectives that are considered on-going due to being incorporated into the normal work process of the impacted departments. The City will not meet for a Strategic Planning meeting in July. Instead, due to the need to focus on long term budget issues, the City Manager’s Office and Department of Finance will coordinate a Fiscal Sustainability and long-term Financial Planning meeting to better address the needs of the City given its available resources. Environmental Status: N/A CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 7/17/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager SUBJECT: Receive and file City of Huntington Beach Strategic Plan Updates HB -26-Item 4. - 1 Dept. ID AD 17-019 Page 2 of 2 Meeting Date: 7/17/2017 Strategic Plan Goal: • Improve quality of life • Enhance and maintain infrastructure • Strengthen economic and financial sustainability • Enhance and maintain public safety • Enhance and maintain City Service Delivery Attachment(s): 1. City of Huntington Beach Final Strategic Objectives Grid (26 January 2017 through 31 July 2017) HB -27-Item 4. - 2 A C I T Y O F H U N T I N G T O N B E A C H S I X - M O N T H S T R A T E G I C O B J E C T I V E S January 26, 2017 – July 27, 2017 THREE-YEAR GOAL: IMPROVE QUALITY OF LIFE WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. May 15, 2017 -- City Council Study Session Community Services Dir., working with the Shipley-to-Shore Stakeholder Working Group Develop a report on a “Shipley to Shore” Trail System from Shipley Nature Center to PCH. X Report presented to City Council in a Study Session on March 20, 2017. 2. April 1, 2017 June 5, 2017 City Manager Launch the Citizens’ Academy. X First class commenced on June 21, 2017 for a total of 9 overall sessions. 3. June 1, 2017 Community Services Dir., in partnership with California State University Long Beach Develop a conceptual plan for Irby Park and present it to the Community Services Commission and the City Council for consideration. X Community Services Commission approved the conceptual plan on March 8 and City Council approved the conceptual plan on April 3, 2017. HB -28-Item 4. - 3 B THREE-YEAR GOAL: ENHANCE AND MAINTAIN INFRASTRUCTURE WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. April 1, 2017 Asst. City Mgr. and the Chief Information Officer Conduct a study session to review progress on the Broadband Initiative and on the use of streetlights for wireless communication. X The Zoning Text Amendment and Dig Once Policy are drafted and in the approval (PC and CC) process. 2. April 1, 2017 June 5, 2017 August 1, 2017 Community Services Dir., working with the Central Park Committee Identify and recommend projects within the provided budget for the infrastructure improvements to Central Park and present to the City Council for action. X Will review with the 17/18 CIP and revisit for any changes at the June commission meeting and take to council in July. 3. June 1, 2017 August 21, 2017 Public Works Dir. Present to the City Council for consideration a Financial Plan to address the infrastructure needs as identified in the Water Master Plan. X Consultant is preparing a study of options available for presentation to the City Council. HB -29-Item 4. - 4 C THREE-YEAR GOAL: STRENGTHEN ECONOMIC AND FINANCIAL SUSTAINABILITY WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. March 15, 2017 April 30, 2017 Asst. City Manager and the Dep. Dir. Economic Development Present to the City Council for consideration an Economic Development Implementation Plan for Business Retention, Attraction and Expansion. X Economic Development Implementation Plan was approved by the City Council on 6/5/17. Ongoing Quarterly Reports will be provided. 2. July 1, 2017 Dep. Dir. Economic Development, working with the Chief Financial Officer Identify and attract at least three new businesses to increase sales tax revenue X This is an on-going activity of the Implementation Plan. 3. July 1, 2017 -- As part of the FY 2017-2018 budget process Human Resources Dir. and Chief Financial Officer Develop funding plans to enhance the funded status of the city’s Workers’ Comp, Retiree Medical, and Retiree Supplemental Plans. X Recommendations will be provided in the context of the FY 2017/18 Proposed Budget. 4. July 15, 2017 Asst. City Manager – lead, Dep. Dir. Economic Development, and Councilmembers Billy O’Connell, Patrick Brenden and Lyn Semeta, in coordination with regional business partners Create a Business Incubator Implementation Plan that results in five new businesses by January 1, 2018. X Staff continues to work with non-profit partners on incubator concept. On-going updates to City Council subcommittee. 5. July 15, 2017 Community Development Dir. Complete the draft comprehensive General Plan Update and draft Environmental Impact Report for distribution and public comment. X Currently out for public review through July 7, 2017; Pc public Hearing Aug. 15, 2017: CC public hearing Sept. 18, 2017 HB -30-Item 4. - 5 D THREE-YEAR GOAL: ENHANCE AND MAINTAIN PUBLIC SAFETY WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. May 1, 2017 August 1, 2017 Police Chief Complete a Gun Range Feasibility Study and present the findings and a recommendation to the City Council for action. X Date moved to accommodate further review of the project. 2. May 15, 2017 Fire Chief, working with a consultant Complete and submit to the City Manager and City Council for review a Fire Standards of Cover and Staffing Report. X Report and recommendations were presented at the April 17, 2017, City Council meeting. 3. June 1, 2017 Police Chief and Public Works Dir. Complete a Police Facility Needs Assessment and present the findings to the City Manager. X Preliminary report completed with consideration as part of long term financial plan process. 4. July 15, 2017 Fire Chief Complete and present the findings of a Peak Load Staffing for Emergency Transport Services Feasibility Study and make a recommendation to the City Manager for consideration. X Preliminary staffing model has been reviewed by the Fire Chief and remains on schedule for July completion. HB -31-Item 4. - 6 E THREE-YEAR GOAL: ENHANCE AND MAINTAIN CITY SERVICE DELIVERY WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. April 1, 2017 City Clerk and Chief Information Officer, with input from the City Attorney Recommend to the City Manager for action a Public Records Act (PRA) Management Process and identification of staff to appropriately respond to PRA requests in a structured format. X Software kick-off meeting held; weekly project design team meetings in process with staff training scheduled for 6/27 thru 7/14, and software go-live date of July 18. 2. June 1, 2017 Chief Information Officer Recommend to the City Manager at least two options to implement a smart tool or mobile app that enhances online accessibility for current and new services. X Vendor of choice selected to build a mobile app that extends citywide services through mobile devices and ultimately replace. Contract execution in progress. 3. June 1, 2017 Chief Information Officer Present to the City Manager for action a recommendation to automate processing of citywide forms currently processed manually. X Staff identified the top 2 best product and will discuss funding source City manager in May. On hold due to budget cuts. 4. June 1, 2017 City Clerk – lead, Public Information Officer and Chief Information Officer Recommend to the City Manager for action at least two options for providing visitor assistance at the Huntington Beach Civic Center in either a virtual format and/or in person. X Scope of Work for HB Council Chambers Audio/Video Technology Upgrade created; RFP release date 6/13; vendor walk through 6/22; work schedule TBD. HB -32-Item 4. - 7 Dept. ID CS 17-015 Page 1 of 2 Meeting Date: 7/17/2017 Statement of Issue: There is a need for City Council to approve appointments to the Community Services Commission, per recommendations by the local School Districts. Financial Impact: Not applicable. Recommended Action: A) Appoint Vanessa Angeles, Westminster School District Representative to a term of July 1, 2017 to June 30, 2018; and, B) Appoint Mark Bixby, Ocean View School District Representative to a term of July 1, 2017 to June 30, 2018; and, C) Reappoint Albert Gasparian, Coast Community College District Representative to a term of July 1, 2017 to June 30, 2018; and, D) Reappoint Bridget Kaub, Huntington Beach City School District Representative to a term of July 1, 2017 to June 30, 2018; and; E) Reappoint Roy Miller, Huntington Beach Union High School District Representative to a term of July 1, 2017 to June 30, 2018. Alternative Action(s): Do not approve appointments for the Community Services Commission and direct staff accordingly. Analysis: Per Municipal Code 2.64.040, each elementary, high school, and public community college district having facilities within the City of Huntington Beach shall have representatives on the Community Services Commission. Chapter 2.64.040 states: The City Council shall appoint six members for terms of one-year. Each elementary, high school, and public community college district having facilities within the City may CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 7/17/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve appointments and reappointments to the Community Services Commission (CSC) with terms to expire June 30, 2018, as recommended by the local School Districts HB -33-Item 5. - 1 Dept. ID CS 17-015 Page 2 of 2 Meeting Date: 7/17/2017 recommend to the Council, on or before the third Monday of June of each year, two or more persons, residents of the City of Huntington Beach, to represent their district. Once of said persons shall be appointed by the Council for a one-year term which will terminate on July 1 the following year. In the event that any district shall not make such recommendations to the Council by the first day of July, then the Council may appoint some qualified person to a one-year term to represent such school district on the commission (1113-7/65, 1300-3/67, 2383-7/79, 2389-9/79, 3723-12/05, 3983-1/14) Staff has received of the school district recommendations from Ocean View School District to appoint Mark Bixby; Westminster School District to appoint Vanessa Angeles; Coast Community College District to reappoint Albert Gasparian; Huntington Beach City School District to reappoint Bridget Kaub; and Huntington Beach Union High School District to reappoint Roy Miller. Staff is currently awaiting a recommendation from the Fountain Valley School District. Once received, City Council approval will be requested at a future meeting. Staff supports the recommendations as made by each of the School Districts. Environmental Status: Not applicable. Strategic Plan Goal: Improve quality of life Attachment(s): 1) Community Services Commission 2017/18 Term Roster 2) Appointment notifications HB -34-Item 5. - 2 COMMUNITY SERVICES COMMISSION Effective 7/01/17 SCHOOL DISTRICT REPRESENTATIVES – 1 YEAR TERM VANESSA ANGELES 7/1/17 – 6/30/18 Westminster School District 1st Term MARK BIXBY 7/1/17 – 6/30/18 Ocean View School District 1st Term TDB (Pending Recommendation) 7/1/17 – 6/30/18 Fountain Valley School District 1ST Term ALBERT GASPARIAN 7/1/17 – 6/30/18 Coast Community College District 5th Term BRIDGET KAUB 7/1/17 – 6/30/18 Huntington Beach City School District 5th Term ROY MILLER 7/1/17 – 6/30/18 Huntington Beach Union High School District 6th Term COUNCIL MEMBER REPRESENTATIVES – 4 YEAR TERM JOE CARCHIO 1/1/17 – 12/31/20 Appt. by Patrick Brenden 1st Term NICOLINA CUZZACREA 1/1/15 – 12/31/18 Appt. by Billy O’Connell 1st Term JAY KREITZ 1/1/17 – 12/31/20 Appt. by Jill Hardy 3rd Term JANIS MANTINI 1/1/15 – 12/31/18 Appt. by Barbara Delgleize Fulfilling Partial Term MICHELLE SCHUETZ 1/1/15 – 12/31/18 Appt. by Michael Posey Fulfilling Partial Term KRISTA STERUD 1/1/17 – 12/31/20 Appt. by Lyn Semeta 1st Term DICK THIEL 1/1/15 – 12/31/18 Appt. by Erik Peterson 1st Term HB -35-Item 5. - 3 14121 Cedarwood Ave. Westminster, CA 92683 ● Tel: (714) 894.7311 ● Fax: (714) 899.2781 ● Website: www.wsdk8.us Cyndi Paik, Ed.D., Superintendent BOARD OF TRUSTEES Penny Loomer, President Khanh Nguyen, Vice President Mary Mangold, Clerk Frances Nguyen, Member Jamison Power, Member May 24, 2017 City of Huntington Beach Community Services Department 2000 Main Street Huntington Beach, CA 92648-2702 Dear City Council, Westminster School District would like to recommend Vanessa Angeles as our representative to the Huntington Beach Community Services Commission for the term July 1, 2017 to June 30, 2018. Sincerely, Cyndi Paik, Ed.D. Superintendent CP/pa Building tomorrow’s leaders today HB -36-Item 5. - 4 VIA EMAIL/U.S. MAIL June 14, 2017 Dave Dominguez Facilities, Development & Concessions Manager City of Huntington Beach/Community Services Department 2000 Main Street Huntington Beach, CA 92648 Dave, Thank you for your recent email regarding the Ocean View School District’s appointment to the Community Services Commission. As requested, this letter is to notify you that Mr. Mark Bixby was approved by our Board of Trustees at their meeting on June 13, 2017 , to serve as the District’s representative on the Commission for the next year. Please let me know if you need any further information. Sincerely, Cindi Lee Executive Assistant Superintendent’s Office (714) 847-2551, ext. 1309 clee@ovsd.org c: Mark Bixby HB -37-Item 5. - 5 Coast Colleges 1"&ASTLINE cPZIfirsjc°"'9.' COM <CMG, 1411111 COAST ORANGE ,t1J.INGTON HACH COLLEGE Inspiration. Innovation. Graduation. Trustees David Grant, President Mary Hornbuckle, Vice President Lorraine Prinsky, Ph.D., Board Clerk Jerry Patterson, Trustee Jim Moreno, Trustee Student Trustee Quintin Cronk Interim Chancellor Gene Farrell May 17, 2017 Sent via email to ddominguez@surfcity-hb.org David C. Dominguez Facilities, Development & Concessions Manager Community Services Commission Secretary City of Huntington Beach Community Services Department 2000 Main Street Huntington Beach, CA 92648-2702 Dear Mr. Dominguez: Thank you for your letter advising that it is time to appoint a representative to the City of Huntington Beach Community Services Commission for the term July 1, 2017 to June 30, 2018. Mr. Albert Gasparian, a resident of Huntington Beach, has expressed interest in continuing his service on the Commission. I will recommend that our Board of Trustees ratify Mr. Gasparian's reappointment during our June 21, 2017, Board meeting. In keeping with your new online system, I will provide Mr. Gasparian with a copy of your letter so he may complete the online application via the City's electronic link. We value our relationship with the City of Huntington Beach and look forward to continued associations. Cordially, John Weispfenning Chancellor ns copy: Wes Bryan, President, Golden West College Albert Gasparian, Dean, Golden West College Coast Community College District 1370 Adams Avenue, Costa Mesa, CA 92626 • phone (714) 438-4600 • www.cccd.edu HB -38-Item 5. - 6 BOARD OF TRUSTEES Paul Morrow, Ed.D. President Rosemary Saylor Vice President Shari KowaIke Clerk Ann Sullivan Member Bridget Kaub Member ADMINISTRATION Gregory Haulk Superintendent Jennifer Shepard Assistant Superintendent Educational Services Patricia Hager Assistant Superintendent Human Resources Jon M. Archibald Assistant Superintendent Administrative Services HUNTINGTON BEACH CITY SCHOOL DISTRICT 17011 Beach Blvd., Suite 560, Huntington Beach, CA 92647 (714) 964-8888 May 16, 2017 City of Huntington Beach Attention: David C. Dominguez, Community Services Commission Secretary 2000 Main Street Huntington Beach, CA 92648-2702 Dear Mr. Dominguez: The Huntington Beach City School District has selected Bridget Kaub as its representative to the Community Services Commission for the 2017-2018 term. If there is anything else that I can be of assistance with, please do not hesitate to contact me at 714-378-2010 or e-mail me atghaulk@hbcsd.us . egg Saggrintendent Huntington Beach City School District "We Are An Equal Opportunity Employer" HB -39-Item 5. - 7 HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT 5832 Boise Avenue • Huntington Beach, California 92649 (714) 903-7000 FAX (714) 372-8105 Board of Trustees: Bonnie Castrey Duane Dishno Susan Henry Kathleen Iverson Michael Simons Clint Harwick, Ed.D., Superintendent of Schools June 6, 2017 by email: ddominguez@surfcity-hb.org Mr. David C. Dominguez City of Huntington Beach Facilities, Development & Concessions Manager Community Services Department 2000 Main Street Huntington Beach, CA 92648 RE: APPOINTMENT TO HUNTINGTON BEACH COMMUNITY SERVICES COMMISSION, 2017-2018 Dear Mr. Dominguez: I am pleased to recommend Mr. Roy Miller, who is presently the district's representative from our district, to continue serving on the Huntington Beach Community Services Commission for the term July 1, 2017 to June 30, 2018. Mr. Miller has again agreed to this appointment and looks forward to serving the City. I understand that Mr. Miller has completed the necessary paperwork and that this letter will serve as our official request. Sincerely, Clint Harwick, Ed.D. Superintendent CH:ct c. Roy Miller We will educate, prepare, and inspire our students to change the world HB -40-Item 5. - 8 Dept. ID CS 17-016 Page 1 of 2 Meeting Date: 7/17/2017 Statement of Issue: There is a need to fill one of two vacancies on the city’s Human Relations Task Force due to unscheduled resignations. Financial Impact: Not applicable. Recommended Action: Accept the resignation of Youngsun Park and approve the appointment of Dawn Hansen to the Human Relations Task Force with a term to expire December 31, 2019 as recommended by the City Council liaisons to the Task Force, Councilmembers Jill Hardy and Lyn Semeta. Alternative Action(s): Do not approve the recommended appointment to the Human Relations Task Force and direct staff accordingly. Analysis: The Human Relations Task Force (HRTF) was formed in April 1997, with a mission to “promote and celebrate diversity in our community through education and understanding.” Currently the HRTF has one vacancy due to unscheduled resignations. The vacancy was noticed on the City’s website, posting boards at City Hall and the Central Library. As a result of this process, and interviews held by the City Council liaisons, the following individual is being recommended for appointment: Dawn Hansen – Ms. Hansen has been a resident of Huntington Beach for 18 years. She has a great interest in diversity and other cultures. As a former flight attendant she has traveled extensively and has “great appreciation for what other cultures can learn from one another.” She believes that there are lessons we that differences make life interesting. Ms. Hansen has owned her own floral design and event planning studio and has served in a volunteer capacity in a number of organizations, including Meeting Professionals International Orange County. Environmental Status: Not applicable. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 7/17/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Accept resignation and approve an appointment to the Human Relations Task Force (HRTF) as recommended by the City Council liaisons to the Task Force, Councilmembers Jill Hardy and Lyn Semeta HB -41-Item 6. - 1 Dept. ID CS 17-016 Page 2 of 2 Meeting Date: 7/17/2017 Strategic Plan Goal: Improve quality of life Attachment(s): 1) Updated Human Relations Task Force Membership Roster HB -42-Item 6. - 2 HUMAN RELATIONS TASK FORCE Updated Membership Roster Effective July 17, 2017 MEMBERS WITH TERMS EXPIRING 12-31-2017 NAME Date of Appointment Partial Term Expiration 1st Term Expiration 2nd Term Expiration 1 Vacant 9-6-16 12-31-17 2 Don Garrick 12-21-09 N/A 12-31-13 12-31-17 3 Janice Tyler 1-22-13 12-31-13 12-31-17 4 Sunny Lee-Goodman 1-22-13 12-31-13 12-31-17 MEMBERS WITH TERMS EXPIRING 12-31-2019 NAME Date of Appointment Partial Term Expiration 1st Term Expiration 2nd Term Expiration 5 Natalie Moser 2-21-17 N/A 12-31-19 6 Dawn Hansen 7-17-17 N/A 12-31-19 7 Linda MacDonell 1-17-12 N/A 12-31-15 12-31-2019 8 Angie Dahman 9-16-13 12-31-15 12-31-15 12-31-2019 9 Michelle Gale-Nelson 4-18-16 N/A 12-31-19 *Pending approval by City Council on 7-17-17 HB -43-Item 6. - 3 Dept. ID CS 17-007 Page 1 of 2 Meeting Date: 7/17/2017 Statement of Issue: There is a need for the City Council to review and approve infrastructure improvements recommended by the Huntington Central Park Subcommittee of the Community Services Commission. Per City Council direction at the January 26, 2017, Strategic Planning session, Community Services Department staff worked with the Community Services Commission and the Subcommittee to review and develop priority recommendations for improvements at Huntington Central Park, including the associated costs. Financial Impact: Funding has been identified as included in the 2015/16 year end Comprehensive Annual Financial Report (CAFR) and will be appropriated as part of the mid-year budget adjustments. Recommended Action: Approve the Huntington Central Park infrastructure improvements as recommended by the Huntington Central Park Subcommittee of the Community Services Commission. Alternative Action(s): Do not approve the infrastructure improvements recommended by the Huntington Central Park Subcommittee of the Community Services Commission as presented, and direct staff accordingly. Analysis: At the December 12, 2016, City Council Meeting, Mayor Delgleize requested that the City convene a special working group to address various maintenance and other concerns at Huntington Central Park. The Community Services Department was tasked with forming this working group as a sub- committee of the Community Services Commission. At the January 26, 2017, City of Huntington Beach Strategic Planning Session, City Council was informed that the City of Huntington Beach ended the year with a $1.6 million surplus as of September 30, 2016. Of these funds, $500,000 was identified to be utilized for park infrastructure improvements at Huntington Central Park. At that same planning session, the Community Services Director was directed to work with the Huntington Central Park Committee of the Community Services Commission to identify appropriate CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 7/17/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Request to approve the infrastructure improvements at Huntington Central Park as recommended by the Huntington Central Park Subcommittee of the Community Services Commission HB -44-Item 7. - 1 Dept. ID CS 17-007 Page 2 of 2 Meeting Date: 7/17/2017 priority projects within the provided $500,000 budget for infrastructure improvements to Huntington Central Park and to present these recommendations to the City Council for action. (Attachment 1) In 2017, the Huntington Central Park Committee of the Community Services Commission began meeting monthly with staff from the Public Works Department and Community Services Department to gather information on park infrastructure needs. The Huntington Central Park Committee is comprised of five Community Services Commission members and the following stakeholders: Ann Anderson, Urban Forest/HB Tree Society, Mary Behrens, HB Equestrian Center; Mike Bartusick, Park Bench Café; Shari Engel, Secret Garden; Steve Engel, Secret Garden; Kay Goddard, Shipley Nature Center; Vic Leipzig, Sea & Sage Audubon Society; Tom Livengood, Shipley Nature Center; Kathy May, Lakeview Café/Sports Complex Concessions; Juana Mueller, Secret Garden; Jean Nagy, Urban Forest/HB Tree Society. Subsequently, at the March 8, April 12, May 10 and June 14, 1017, Huntington Central Park Subcommittee meetings, staff worked closely with committee members and Central Park stakeholders to review all potential projects and to identify two priority projects. The recommended priority projects were identified as follows (Attachment B): 1. Replace/repair concrete/asphalt pathways in Huntington Central Park East at a cost of $150,000; and 2. Make necessary repairs to the “Park Bench Café” parking lot in Huntington Central Park East off of Goldenwest Street not-to-exceed $250,000; and 3. Make necessary improvements to the irrigation system in Huntington Central Park East not to exceed a cost of $100,000. Once approved, these projects will move to the Public Works Department for completion. Environmental Status: Not applicable Strategic Plan Goal: Improve quality of life Enhance and maintain infrastructure Attachment(s): 1. City Strategic Planning Workshop Minutes including Grid of January 26, 2017 2. Overhead view of Huntington Central Park East HB -45-Item 7. - 2 Minutes Huntington Beach City Council Special Meeting -Strategic Planning Workshop Thursday, January 26, 2017 8:00 AM -Talbert Room Huntington Central Library 7111 Talbert Street Huntington Beach, California 92648 CALL TO ORDER -Meeting called to order by Mayor Delgleize at 8:35 AM ROLL CALL Pursuant to City Council Resolution Number 2001-54, Councilmember Peterson requested, and was granted permission to be absent. Present: Absent: O'Connell, Semeta, Posey, Delgeize, Hardy, Brenden Peterson PLEDGE OF ALLEGIANCE -Led by Mayor Delgleize ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced a supplemental communication received by the City Clerk's Office following distribution of the Council agenda packet: A PowerPoint submitted by Finance Director Lori Ann Farrell Harrison dated January 26, 2017 and entitled Strategic Planning Retreat Budget Update. PUBLIC COMMENTS PERTAINING TO SPECIAL MEETING (3-Minute Time Limit) Dave Humphreys, Huntington Beach Police Officers' Association, voiced concerns about the poor internal conditions of the Police Department, and described repairs necessary to improve a variety of needs. Yasha Nikitin, Huntington Beach Police Officers' Association, echoed concerns voiced by Mr. Humphreys, and discussed progress being made on upgrading the Police Department front lobby. He also encouraged Council to support consideration of implementing a gun range facility for training purposes. Shari Engel requested that Council consider restoration of the Shipley Nature Center as part of their Strategic Plan goals, specifically, a permanent parking lot. Juanna Mueller, Huntington Beach Tree Society, acknowledged inclusion of $800K in the City's 2017/18 budget for specialized care in Central Park, and discussed the need for tree replacement .and an upgraded irrigation system. Jean Nagy acknowledged inclusion of $800K in the City's 2017/18 budget for specialized care in Central Park, and echoed concerns previously expressed about tree planting and poor irrigation. She also encouraged Council to consider development of an "urban forest" on four existing encyclopedia lots on Central Park property. HB -46-Item 7. - 3 Council Special Meeting Minutes January 26, 2017 Page 2 of 11 Steve Engel acknowledged Council's inclusion of $800K in the 2017 /18 budget for specialized care in Central Park, and discussed the "boots on the ground" efforts by volunteers who currently work to care for declining elements due to lack of resources devoted from the City departments of Public Works, Police Department, Community Services. Kathryn Levassior expressed support for a Zoning Text Amendment that would allow short term rentals in Huntington Beach. ADMINISTRATIVE ITEM 1. Strategic Planning Session facilitated by Marilyn Snider of Snider and Associates A Ms. Snider welcomed the public and participants, stated the purpose of the retreat, and introduced Meeting Recorder Gail Tsuboi, Tsuboi Design. B. Ms. Snider went over the roles of the Facilitator, Recorder, group and public, as well as an overview of the strategic planning elements. C. Ms. Snider asked for introductions by participating Council, City Manager and Department Heads. D. Ms. Snider provided a review of the City of Huntington Beach's: Mission/Purpose Statement • The City of Huntington Beach provides sustainable quality services to maintain and enhance our safe and vibrant community. Core Values/Guiding Principles (not in priority order) • Responsiveness • Accountability • Quality customer service • Honesty and integrity • Teamwork • Fiscal sustainability • Community involvement • Openness Existing Three-Year Goals (2015-2018-not in priority order) • Improve quality of life • Enhance and maintain infrastructure • Strengthen economic and financial sustainability • Enhance and maintain public safety • Enhance and maintain City service delivery E. S.W.O.T. (Strengths, Weaknesses, Opportunities, Threats) Exercise 1. Brainstormed a listing of strengths and accomplishments of the City since the previous Strategic Planning Session (1/28/2016): • Launched the new eBook service called "The Cloud Library" • Expanded Library Storytime to six days/week • Received the CPRS award for digital marketing • Added a City Prosecutor Position HB -47-Item 7. - 4 Council Special Meeting Minutes January 26, 2017 Page 3of11 • Administered 254 FPPC conflict of interest filers and 20 active campaign committee filers • Completed a Park and Recreation Master Plan • Added a Subaru dealership • Launched replacement of the Land Management System • Hosted the inaugural Air Show • Fire Dept. responded to 20,300 calls for emergency services, an 18% increase over two years • Designated a Recycling Marketing Development Zone • Established a Central Park Task Force • Completed major improvements at the Main Promenade Parking Structure • Community Development Department assisted with building improvements for a new business, bringing 75 new jobs to the city • Funded the clean-up of Jack Green and Mccraken Meadow areas of Central Park • Negotiated successfully with 7 of 8 labor associations • Finalized acquisition of our street lights from Southern California Edison • Harbor Beach sand replenishment • Facilitated the entitlement processing for the new AES power plant, • Processed 6,369 passports with photos, resulting in approximately $220,000 in General Fund dollars • Joined the Concerned Coastal Cities Coalition • Reviewed and approved over 10,000 building permits with a construction valuation of over $270,000,000 • Responded to over 4,000 Code Enforcement complaints • Successfully abated 12 medical marijuana dispensaries • Continued to work on the General Plan Update • Continued processing the Sunset Beach Specific Plan through the California Coastal Commission • Addressed 32 nuisance properties through the Public Nuisance Task Force (Police, Fire, Building, Planning, Public Works and Code Enforcement) • Received a grant from Orange County Transit Authority for $918,000 over seven years for transit services (bus circulation in the City) • Implemented over-the-counter plan checks for business development • Certified the November 2016 election results • Implemented a Body Camera Program in the Police Dept. • Connected all libraries to the CalREN Network • Fully implemented a Homeless Task Force • Processed more than 15,000 applications for employment • Finalized a plan for citywide wayfinding • Improved service to the business community • Partnered with CSU Long Beach on development of a conceptual plan for Irby Park • Developed a City Infrastructure Development Plan • Logged 54,000 volunteer hours for senior services • Logged over 57,000 volunteer hours at the Library • Received a clean audit opinion on the City's financial statements • Developed an incentive-based business attraction and retention program • Youth Board hosted the first Youth Employment Workshop • Obtained a favorable outcome from the Federal Office of the Inspector General audit for CDBG Program • Successfully lobbied the Air Quality Management Dist. (AQMD) to keep 60% of AQMD AES funds in Orange County HB -48-Item 7. - 5 • Adopted a balanced FY 2016-2017 budget • Maintained our AAA credit rating • Opened the new Senior Center in Central Park • Upgraded the utility billing system • Lowered crime by 9% • Repaved 10.5 miles of arterial and residential streets • Saved the fuel dock in Huntington Beach Harbor Council Special Meeting Minutes January 26, 2017 Page 4 of 11 • Conducted a Leadership Development Program for 15 City employees • Implemented an expedited plan review process for 700 residential solar projects • Received a finding· of completion from the Dept. of Finance for redevelopment (LRPMP) • Successfully negotiated a settlement in the Senior Center litigation • Successfully negotiated a settlement in the Balsa Chica Land Trust litigation; at zero dollars spent by the City • Began Bartlett Park development • Started a volunteer program for Bartlett Park • Completed renovation of the interior of the Main Street Library • Created a Broadband Strategic Plan • A massive group of volunteers is working in Central Park • We have a new plan to rehabilitate Central Park • Partnered with the UC Irvine for a National Renewable Energy Laboratory; Huntington Beach will receive $1. 9 million in funding for various energy projects • Completed the 9-11 Memorial at City Hall • Conducted over 11,400 fire inspections and over 2,400 fire and life safety plan checks • Received the "Excellence in Financial Reporting Award" for the City's Comprehensive Annual Financial Report for the Fiscal Year Ending September 30, 2015 • Received the "Distinguished Budget Presentation Award" for the City's Adopted Budget for Fiscal Year 2015/16 • Obtained the "Award for Outstanding Achievement in Popular Annual Financial Reporting" for Fiscal Year Ending September 30, 2015 • Received the first ever GLEEN loan in the state from the California Infrastructure Bank for the citywide streetlight retrofit project • Marine Safety Division provided 3, 736 rescues, 1,649 medical aids, 202, 732 preventive actions • Conducted Junior Lifeguard Program with 925 participants • Maintained a 99% customer satisfaction rating for emergency medical services • Purchased 4 additional encyclopedia lots • Launched a new economic development web page with additional resources • Received award/recognition from OCBC "Turning Red Tape into Red Carpet" for the first web based FilmApp • Finalized new Economic Development Implementation Plan • Provided Business Advocacy Services for 24 businesses • Increased film permits and general fund revenue by117% (FY 14/15 to FY 15/16) 2. Brainstorming of City's current Internal weaknesses/challenges: • Low staffing levels citywide • Huge infrastructure backlog • Inefficient internal processes • Limited staff resources to meet demand • Insufficient funding for essential City services, facilities, equipment and parks • Loss of institutional knowledge HB -49-Item 7. - 6 • We're a place for people to gather, (e.g., for protest) • Lack of staff resources • Inadequate security at all City facilities Council Special Meeting Minutes January 26, 2017 Page 5of11 • Lack of resources and expertise to effectively address homelessness • Outdated General Plan and Zoning Code • Excessive manual work-arounds due to outdated technology • Residents have trouble finding things on the City website • Businesses find it difficult to work with the City • Challenge of connecting with residents • Lack of retention of skilled workers • Challenge for businesses to deal with the homeless • Low staff morale • Lack of an up-to-date land management permit system • Lack of funding for technology projects • Loss of experience due to retirements • Public safety weaknesses • Lack of succession planning • Lack of funding for technology staff and upgrades • Poor business development and attraction • Unrealistic expectations of labor/employees • Competing priorities 3. Brainstorming of external factors/trends (positive/opportunities and negative/threats) that will/might have an impact on the City in the coming year: Positive Impact • Ending drought conditions • Possible federal infrastructure funding • More collaboration with other cities and organizations regarding homeless • Low unemployment • Proposed federal and state legislation regarding sober living homes • State funding for City redevelopment loan repayments • Anticipated Supreme Court decision on labor • Vibrant non-profit community • Outstanding volunteer base • Good school system • Improving broadband • Second Air Show • Tourism • Low crime rate • Variety of additional housing opportunities • Addition of new hotel rooms • Record occupancy at our hotels • Improving vehicle sales • Social media • Corporate sponsorships • Strong volunteer community • Strong property tax base • Generous donors to local non-profits • Effective service organization network HB -50-Item 7. - 7 Council Special Meeting Minutes January 26, 2017 Page 6of11 • SCE allowed us to buy 11, 000 poles to provide better technology • Beaches and parks • Awesome sales tax revenues • Fountain Valley and Westminster sales tax rates are increasing • Strong real estate market • Enhanced multi-agency collaboration, e.g., supporting City events • Increased community participation • Active participation in the CERT program • Positive GDP growth • Potential increased defense spending Negative Impact • Climate • Cyber attacks • Uncertain federal policies • Unfunded state and federal mandates • Homelessness • Attempts to take away local control • Earthquakes • Fire • Flood • Trade war with China • State budget deficit • Decline in sales tax revenue • Changing demographics • State regulatory climate on business • Democratic super-majority in the state legislature • Unfunded liabilities • Rapidly changes in technology • Aging infrastructure • Lack of mental illness treatment • General discontent that leads to protests • Social disruption • Social stress • Terrorism • Legalization of marijuana • Drug abuse • Anticipated Supreme Court decision on labor • Moving of 2,000 jobs by Boeing • Rising unemployment • Increasing interest rates • Changing utility and energy usage . • Early release of prisoners • CalPERS policy changes • Prop 13 threat • Demonization of public employees • Divided and dysfunctional federal leaders • Rising construction costs HB -51-Item 7. - 8 Council Special Meeting Minutes January 26, 2017 Page 7of11 RECESSED AT 10:30 AM FOR A 10-MINUTE BREAK-MEETING RECONVENED AT 10:40 AM F. Chief Financial Officer Lori Ann Farrell Harrison provided a brief update regarding the City's Budget outlook Chief Financial Officer Lori Ann Farrell Harrison presented a PowerPoint dated January 26, 2017 entitled Strategic Planning Retreat Budget Update that included the following titled slides: Overview, Strategic Planning Retreat, FY 2015/16 General Fund Expenditures (Preliminary Unaudited), FY 2015/16 General Fund Revenue (Preliminary Unaudited), FY 2015/16 Year End General Fund Balance Options, General Fund Balance, FY 2016/17 General Fund Budget Overview, FY 2016/17 General Fund Highlights, FY 2016/17 Adopted Budget Summary, FY 2016/17 Adopted Budget General Fund by Department, Police Officer Staffing Recap, Historical Funded FTEs, CalPERS Overview, Funded FTEs vs YOY PERS Costs, CalPERS Rates, CalPERS Discount Rate Change, Why do they have a 7.5% Rate Now?, Why is CalPERS Making the Change?, What Happens if they Don't Adjust?, Net Pension Liabilities Overview, What are We Doing About It?, Economic Indicators, FY 2017/18 Budget Outlook, Opportunities, State of California, Governor Brown's FY 2017/18 Budget Highlights, Recap, Next Steps, and Questions. G. Reviewed the three-year goals: After brief discussion, it was decided that the five existing three-year goals would remain. The list of the current five stated three-year goals (2015-2018) consists of the following (not in priority order): 1. Improve quality of life 2. Enhance and maintain infrastructure 3. Strengthen economic and financial sustainability 4. Enhance and maintain public safety 5. Enhance and maintain city service delivery H. Identification of six-month strategic objectives for each of the three-year goals above WHEN 1. May 15, 2017 -- City Council Study Session 2. April 1, 2017 3. June 1, 2017 WHEN THREE-YEAR GOAL: IMPROVE QUALITY OF LIFE WHO Community Services Dir., working with the Shipley- to-Shore Stakeholder Working Group City Manager Community Services Dir., in partnership with California State University Lon Beach WHO WHAT Develop a report on a "Shipley to Shore" Trail System from Shipley Nature Center to PCH. Launch the Citizens' Academy. Develop a conceptual plan for Irby Park an present it to the Community Service Commission and the City Council fo consideration. J:m.§m WHAT HB -52-Item 7. - 9 1. April 1, 2017 Asst. City Mgr. and the Chief Information Officer 2. April 1, 2017 Community Services Dir., working with the Central Park Committee 3. June 1, 2017 Police Chief and Public Works Dir. 4. June 1, 2017 Public Works Dir. Council Special Meeting Minutes January 26, 2017 Page 8of11 Conduct a study session to review progress on the Broadband Initiative and on the use of streetlights for wireless communication. Identify and recommend projects within the provided budget for the infrastructure improvements to Central Park and present to the City Council for action. Develop a Facilities Needs Assessment for the Police Dept. Present to the City Council for consideration a Financial Plan to address the infrastructure needs as identified in the Water Master Plan. THREE-YEAR GOAL: STRENGTHEN ECONOMIC AND FINANCIAL SUSTAINABILITY WHEN 1. March 15, 2017 2. July 1, 2017 WHO Asst. City Manager and the Dep. Dir. Economic Development Dep. Dir. Economic Development, working with the Chief Financial Officer 3. July 1, 2017 --Human Resources Dir. As part of the FY and Finance Dir. 2017-2018 budget process 4. July 15, 2017 Asst. City Manager - lead, Dep. Dir. Economic Development, and Council members Billy O'Connell, Patrick Brenden and Lyn Semeta, in coordination with regional business partners WHAT Present to the City Council for consideration an Economic Development Implementation Plan for Business Retention, Attraction and Expansion. Identify and attract at least three new businesses to increase sales tax revenue. Develop funding plans to enhance the funded status of the city's Workers' Comp, Retiree Medical, and Retiree Supplemental Plans. Create a Business Incubator Implementation Plan that results in five new businesses by January 1, 2018. HB -53-Item 7. - 10 5. July 15, 2017 Community Development Dir. Council Special Meeting Minutes January 26, 2017 Page 9of11 Complete the draft comprehensive General Plan Update and draft Environmental Impact Report for distribution and public comment. THREE-YEAR GOAL: ENHANCE AND MAINTAIN PUBLIC SAFETY WHEN WHO WHAT 1. May 1, 2017 Police Chief Complete a Gun Range Feasibility Study and present the findings and a recommendation to the City Council for action. 2. May 15, 2017 Fire Chief, working with a Complete and submit to the City Manager consultant and City Council for review a Fire Standards of Cover and Staffing Report. 3. June 1, 2017 Police Chief and Public Complete a Police Facility Needs Works Dir. Assessment and present the findings to the City Manaqer. 4. July 15, 2017 Fire Chief Complete and present the findings of a Peak Load Staffing for Emergency Transport Services Feasibility Study and make a recommendation to the City Manager for consideration. THREE-YEAR GOAL: ENHANCE AND MAINTAIN CITY SERVICE DELIVERY WHEN WHO WHAT 1. April 1, 2017 City Clerk and Chief Recommend to the City Manager for action a Information Officer, with Public Records Act (PRA) Management input from the City Process and identification of staff to Attorney appropriately respond to PRA requests in a structured format 2. June 1, 2017 Chief Information Officer Recommend to the City Manager at least two options to implement a smart tool or mobile app that enhances online accessibility for current and new services. HB -54-Item 7. - 11 3. June 1, 2017 Chief Information Officer 4. June 1, 2017 City Clerk -lead, Public Information Officer and Chief Information Officer Council Special Meeting Minutes January 26, 2017 Page 10of11 Present to the City Manager for action a recommendation to automate processing of citywide forms currently processed manually. Recommend to the City Manager for action at least two options for providing visitor assistance at the Huntington Beach Civic Center in either a virtual format and/or in person. Councilmember O'Connell was honored to introduce Dana Bowman, HALO for Freedom Warrior Foundation, who presented a gift to Mayor Delgleize. Accompanying Mr. Bowman was Medal of Honor Recipient Leroy Putry. RECESSED AT 12:15 PM FOR A 30-MINUTE LUNCH BREAK-RECONVENED AT 12:45 PM I. Next steps/follow up process: WHEN WHO WHAT Thurs., January 26 City Clerk Distribute the retreat record to invitees. Within 48 hours All recipients Read the retreat record. By Feb. 10, 2017 Department Heads Share and discuss the Strategic Plan with staff. By Feb. 14, 2017 Public Information Officer Place the City's Strengths and Accomplishments on the City website. February 14, 2017 Executive Team Review the "Weaknesses/Challenges" and (City Manager-lead) "External Threats" lists for possible action items. At the Feb. 21, City Council Present the updated Strategic Plan to the 2017 City Council (Mayor -lead) public. meeting Monthly Executive Team Monitor progress on the goals and objectives City Council and revise objectives (add, amend and/or City Manager delete), as needed. (Mayor -lead) HB -55-Item 7. - 12 Monthly City Clerk July 27, 2017 City Council City Manager (Thursday) Executive Team 8:00/8:30 am - 3:00 pm J. Summary/closing remarks: Council Special Meeting Minutes January 26, 2017 Page 11 of11 Prepare and distribute the updated Strategic Plan Monitoring Matrix to City Council and employees, and post on the City's website. Strategic Planning Retreat to thoroughly assess progress on the Goals and Strategic Objectives; develop proposed 6-month objectives to present to the City Council. Mayor Delgleize thanked Marilyn Snider, Facilitator with Snider and Associates, Gail Tsuboi, Recorder, members of the City Council, City staff and the public for participating in this strategic planning workshop. 2. COUNCILMEMBER COMMENTS (Not Agendized) -None. ADJOURNMENT -2:30 PM The meeting was adjourned to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority of Monday, February 6, 2017, at 4:00 PM in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: ~ty~~ City Clerk and ex-officio Clerk of the City Counci.l of the City of Huntington Beach ~ Mayor HB -56-Item 7. - 13 Slater Ave. HB -57-Item 7. - 14 Dept. ID PW 17-036 Page 1 of 2 Meeting Date: 7/17/2017 Statement of Issue: The individual member agencies of the West Orange County Water Board (WOCWB) must approve the proposed annual WOCWB budget prior to the beginning of the new fiscal year. Financial Impact: The City’s share of the Fiscal Year 2017-18 WOCWB budget is included as a line item expenditure in the Water Fund (506) Fiscal Year 2017-18 budget submittal under account 50685801.67655. Recommended Action: Approve the West Orange County Water Board (WOCWB) proposed budget for Fiscal Year 2017- 18, with the City of Huntington Beach amount of $51,051. Alternative Action(s): Do not approve the FY 2017-18 WOCWB budget and direct staff accordingly. Analysis: The WOCWB is a Joint Powers Authority comprised of the Cities of Garden Grove, Seal Beach, Westminster and Huntington Beach, for the purpose of purchasing water from the Municipal Water District of Orange County, and transporting it via Feeders No. 1 and No. 2, owned by the Joint Powers cities. Huntington Beach owns 56.1 percent of the system. The WOCWB is governed by five elected officials from each of the Joint Powers agencies. Council Members Jill Hardy and Mike Posey represent the City of Huntington Beach. The General Manager of the WOCWB (the City of Huntington Beach Public Works Utilities Manager) submits a proposed budget to the Board for review in April and approval in July of each year. Huntington Beach Utilities Division staff have reviewed and provided input to the proposed budget. The total proposed budget for Fiscal Year 2017-18 is $91,000. This includes funding for general operations and maintenance, electricity, administrative costs (legal, insurance, audit fees) and capital costs. The City of Huntington Beach’s share is $51,051. A line item budget is attached as well as the total charge being assessed to each of the member agencies. Funds for the construction of the WOCWB 33-inch OC-35 Transmission Main Relocation Project at the Westminster Blvd. crossing of the I-405 Freeway (necessitated by the freeway widening project) are not included. The project is nearing completion of the design phase. OCTA has authorized their Chief Executive Officer to negotiate a reimbursement agreement with WOCWB to help finance CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 7/17/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve the West Orange County Water Board (WOCWB) proposed budget for Fiscal Year 2017-18, with the City of Huntington Beach amount of $51,051 HB -58-Item 8. - 1 Dept. ID PW 17-036 Page 2 of 2 Meeting Date: 7/17/2017 the project utilizing a 10-year, low interest loan. The exact amount of the agreement will be known later this year when the bids for construction are opened. Once the price of the project is better known, City Council approval for the first year’s payment of the Huntington Beach portion of the project will be sought from the Water Master Plan Fund 507. Environmental Status: Not Applicable. Public Works Commission Action: Not Applicable. Strategic Plan Goal: Not Applicable – Administrative Item. Attachment(s): 1. West Orange County Water Board Proposed Fiscal Year 2017-18 Budget. HB -59-Item 8. - 2 WEST ORANGE COUNTY WATER BOARDPROPOSED FISCAL YEAR 2017-18 BUDGETFY 15-16 Actual FY 16-17 ApprovedFY 17-18 ProposedAccount DescriptionOPERATING EXPENSES Electricity $3,893 $4,500 $4,500 Contracts for Repairs and Maintenance $18,437 $30,000 $60,000 Auditing $4,990 $5,000 $5,000 Attorney Fees $1,713 $5,000 $5,000 Other Contract Services $1,249 $2,000 $2,000 OC-9 and OC-35 Replacement Evaluation $0 $0 $0 I 405 Widening Facilities Relocation - Design $43,693 $235,000 $0 General/Liability Insurance $9,113 $9,500 $9,500 Board Stipend Expense $3,000 $2,500 $2,500 Contingency $0 $0 $2,500 OPERATING EXPENSES $86,088 $293,500 $91,000CAPITAL EXPENDITURES Relocation of Vault at OC-9 $28,045 $0 $0CAPITAL EXPENDITURES $28,045 $0 $0TOTAL $114,133 $293,500 $91,000ExpendituresHB -60-Item 8. - 3 PROPOSED FISCAL YEAR 2017-18 BUDGET ALLOCATION OF COSTS BY AGENCY AGENCY Ownership Percentage Proposed 17/18 Costs Huntington Beach 56.1 $51,051 Garden Grove 4.2 $3,822 Seal Beach 14.3 $13,013 Westminster 25.4 $23,114 Totals 100.0 $91,000 HB -61-Item 8. - 4 Dept. ID PW 17-034 Page 1 of 2 Meeting Date: 7/17/2017 Statement of Issue: The Olson Company, the subdivider of Tract 17930 (south of Slater Avenue, west of Newland Street) has completed construction of all required public improvements and is now eligible to receive a release of securities and bonds, pursuant to the provisions of the Subdivision Map Act. Financial Impact: Not Applicable. Recommended Action: A) Accept the improvements constructed and dedicated for public use with Tract 17930 and instruct the City Clerk to record the “Notice of Acceptance of Public Improvements” (Attachment 1) with the Orange County Recorder; and, B) Release Faithful Performance Bond No. PB03010402994, Labor and Materials Bond No. PB03010402994 and Monument Bond No. PB03010402995, pursuant to the California Government Code Section No. 66499.7(a); and, C) Accept Guarantee and Warranty Bond No. PB03010402994-A (Attachment 2); the security furnished for guarantee and warranty of public improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, D) Instruct the City Clerk to notify The Olson Company, the subdivider of Tract No. 17930, and the City Treasurer to notify Philadelphia Indemnity Insurance Company, of these actions. Alternative Action(s): Deny the recommended action. Denying the recommended action may violate the Subdivision Map Act whereby: 1. Section 66499.7 of the Government Code requires that the securities given for the faithful performance of constructing the public improvements shall be released upon acceptance of the work. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 7/17/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and accept the public improvements, release the securities for Tract 17930 (Monarch Walk Subdivision, south of Slater Avenue, west of Newland Street) and accept Guarantee & Warranty Bond HB -62-Item 9. - 1 Dept. ID PW 17-034 Page 2 of 2 Meeting Date: 7/17/2017 2. Section 66499.9 of the Government Code, requires the Guarantee and Warranty of the work for a period of one year following completion and acceptance of the improvement, against any defective work, labor and materials furnished. Denying the acceptance of the Guarantee and Warranty bond may place undue burden and cost upon the city for correcting any defective work, labor and material provided by the subdivider. Analysis: On January 12, 2016, the Planning Commission approved Tentative Tract Map 17930 to allow the consolidation of two parcels into one lot for condominium subdivision of the subject 0.829 acres site. On August 1, 2016, City Council approved Final Tract Map No. 17930 and the Subdivision Agreement between the City of Huntington Beach and The Olson Company, and also accepted the project’s required bonds as follows: Faithful Performance Bond No. PB03010402994; Labor and Materials Bond No. PB03010402994 and Monument Bond No. PB03010402995. The subdivider has completed all required public improvements and is now requesting release of the aforementioned securities, pursuant to California Government Code Section 66499.7(a). The constructed improvements include: curb, gutter, sidewalk, signing/striping and paving along Newland Street, and the domestic water, sewer and storm drain connections within Newland Street. The City Engineer has determined that the public improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of these improvements. TRI Pointe Homes, Inc. has provided Guarantee and Warranty Bond No. PB03010402994-A as security for the one-year warranty period, and is now requesting acceptance of this bond. Following is a list of the project data: DEVELOPER: The Olson Company, 2010 Old Ranch Parkway, Suite 100, Seal Beach, CA 90740 ENGINEER: IDS Civil Engineers, 1 Peters Canyon Road, Suite 130, Irvine CA 92606 LOCATION: 17541 & 17561 Newland Street (south of Slater Avenue, west of Newland Street) ZONE: RM (Residential Medium Density) GENERAL PLAN: RM-15 (Residential Medium Density – 15 dwelling units per acre) NO. OF ACRES: 0.829 acres Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b). Strategic Plan Goal: Non-Applicable – Administrative Item Attachment(s): 1. Notice of Acceptance of Public Improvements 2. Guarantee and Warranty Bond No. PB03010402994-A HB -63-Item 9. - 2 Recording requested by, and when recorded return to: Robin Estanislau, City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O. Box 190— 2000 Main Street Huntington Beach, Ca. 92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on June 7, 2017, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further, the public improvements of the subdivision have been dedicated to the City of Huntington Beach, as described on Final Map No. 17930 (Monarch Walk Subdivision). Public improvements constructed consist of curb, gutter, sidewalk, paving, signing/striping and utility connections on Newland Street (domestic water, fire service and sewer system). The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at the August 1, 2016 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest be-41--& 7 2017 City Clerk and Ex-officio Clerk oflhe City Council of tile City of Huntington Beach, California By C/ente-_. CITY OF HUNTINGTON BEACH HB -64-Item 9. - 3 P L. ESPARZA Commission # 2032750 Notary Public - California Orange County My Comm. Expires Aug 4, 2017 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGMENT State of California County of Orange On June 7, 2017 before me, P.L. Esparza, Notary Public for the State of California, personally appeared Robin Estanislau and Thomas Herbel who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Signature HB -65-Item 9. - 4 BOND NO. P1303010402994-A PREMIUM Included with Performance Bond. GUARANTEE AND WARRANTY BOND WHEREAS, Olson — Huntington Beach 3, LLC , as a Principal, and Philadelphia Indemnity Insurance Company ,a corporation organized under the laws of the State of Pennsylvania and duly authorized to do business in the State of California, as Surety, are held and firmly bound unto the City of Huntington Beach, California, as Obligee, in the penal sum of Eight Thousand Seven Hundred and Thirty Dollars ($8,730) , representing 10 percent of the contract price entered into between the Principal and Obligee, to which payment well and truly to be made we do bind ourselves, and each of our heirs, executors, administrators, successors and assigns jointly and severally. WHEREAS, the said Principal entered into a contract with said Obligee, dated August 1, 2016 for work described as follows: Public improvements constructed consist of curb, gutter, sidewalk, paving, signing/striping domestic/fire water system and sewer system services on Newland Street (Tract 17930, L#16-122) WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee, against all defects in workmanship and materials during said one-year period. WHEREAS, said work has been completed, and accepted by Obligee on NOW, THEREFORE, the Principal and Surety, jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship, which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee. In witness whereof, this instrument has been duly executed by the principal and surety above named, on June 7 , 20 17 Olson—HuntingtonBeach3,LLC , as Principal By See attached signature page Philadelphia Indemnity Insurance Company By - Michelle Haase, Attorney-In-Fact HB -66-Item 9. - 5 By: 61 MICHAEL E. GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH Signature Block - Olson Urban Housing Specific Purpose Entity For use with Olson Urban Housing SPE limited liability company affiliates OFFICIAL SIGNATURE BLOCK FORMAT: OLSON — HUNTINGTON BEACH 3, LLC a California limited liability company By: IN TOWN COMMUNITIES, LLC a California limited liability company Sole Member By: OLSON URBAN HOUSING, LLC a Delaware limited liability company Member S:\SURETYNIRVINE CLIENTS\Olson Company\Signature Blocks\Signature Block - Olson - Huntington Beach 3 LLC.docx HB -67-Item 9. - 6 WITNESS my hand and official seal. (Notary Public Seal) 4 ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT I A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On JUN 0 7 2017 before me, M. Barreras, Notary Public (Here insert name and title of the officer) personally appeared Michelle Haase who proved to me on the basis of satisfactory evidence to be the person(*) whose name(6) is/ m subscribed to the within instrument and acknowledged to me that he/she/toy executed the same in kis/her/tbetr authorized capacity(iesjc and that by itciadherabwix signature* on the instrument the person*, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. M. BARRERAS "OPP Commission # 2048208 I Notary Public • California z rr— 4:47 z Orange County I cnu,so ylf Comm_lx_pires_No_v_5,20_14 INSTRUCTIONS FOR COMPLETING THIS FORM This fort,' complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknobvedgents from other states mat' he completed fin. documents being sent to that slate so long as the wording does not require the California notary to violate California notary law. • State and County infbnnation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also he the same date the acknowledgment is completed. • The Jimmy public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the collect singular or plural fonns by crossing off incorrect forms (i.e. he/she/they, is /ttre ) or circling the correct fonns. Failure to correctly indicate this information may lead to rejection of document recording. • 'Me notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines, If seal impression smudges, re-seal if a sufficient area pennits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tine or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER 1:1 Individual (s) O Corporate Officer (Title) • Partner(s) I Attorney-in-Fact o Trustee(s) O Other 2015 'Version www.NolaryClasses.corn 800-873-9865 HB -68-Item 9. - 7 5448 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J. NOONAN AND MICHELLE HAASE OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14 th of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 14 111 DAY OF NOVEMBER, 2016. 92 7 (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 14 th day of November, 2016, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH (r. PENNSYLV, Notarial Seal Nora Howard, NotomY Public I Lower Marton Tog., Montgomery COunty fry Cammiulon Expires Jan, 6, 2010 Str.C.V1.0"KriNZU Notary Public: residing at: My commission expires: (Notary Seal) Bala Cynwyd, PA Jarman; 8 2018 1, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 14 th day of November, 2016 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, JUN 07 2017 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of ,20 - V27 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY HB -69-Item 9. - 8 N. STEINKELLNER Notary Public - California 3.1! Orange County I Jr Commission # 2177-395 MyCornmExpesJan262O2 1ç (SEAL) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ss COUNTY OF ORANGE On June 14, 2017 before me, N. Steinkellner, Notary Public, personally appeared Scott Laurie & Mario Urzua who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public State of California HB -70-Item 9. - 9 Dept. ID FN17-013 Page 1 of 2 Meeting Date: 7/17/2017 Statement of Issue: Each year the City records notices of special assessment against private property for the value of unpaid civil fines, plus interest and penalties, pursuant to Ordinance No.3397 adopted by the City Council on June 15, 1998. City Council approval is required in order to meet the filing deadline with the County of Orange. Financial Impact: The total amount of assessments included in this action equals $1,473,396.04. Should these special assessments be placed on the property tax rolls and subsequently collected, these monies will be deposited in the General Fund in Fiscal Year 2017/18. Recommended Action: Adopt Resolution No. 2017-36, "A Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments for Collecting Delinquent Civil Fines for Nuisance Violations of the Municipal Code." Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: In June 1998, the City Council adopted Huntington Beach Municipal Code Chapter 1.18 authorizing the issuance of administrative citations that impose civil fines for violation of the Municipal Code of the City of Huntington Beach. Pursuant to Section 1.18.150 of the Municipal Code, the City may certify certain fines, interest, and penalties as delinquent and have them collected as special assessments against the real property involved. These assessments are limited to property related violations, wherein the fines exceed $250.00 cumulatively and are 60 days past due. In addition, all hearing or appeal rights of the cited persons have been exhausted. For each of the properties being considered for placement of a lien, staff verified that the owners received proper notification of the violations, citations, notification of the outstanding fines and fees due, and of the potential for placement of a lien on their property for non-payment of the outstanding fines and fees. Property owners also received invoices for the outstanding fines and fees and were provided the opportunity to make payment arrangements. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 7/17/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Lori Ann Farrell Harrison, Chief Financial Officer SUBJECT: Adopt Resolution No. 2017-36 approving the Certification of Special Assessments for Delinquent Civil Fines for Municipal Code Violations HB -71-Item 10. - 1 Dept. ID FN17-013 Page 2 of 2 Meeting Date: 7/17/2017 Civil fines identified on Exhibit A to this Resolution have not been paid. The fine amounts will be levied against the properties, non-payment of which will incur penalties and will appear as an exception to the title on a title report at the time of transfer of the property. In addition, the fines will be reported to the County Tax Assessor for inclusion on the property tax bills. All assessments identified on “Exhibit A” represent fines, penalties, and interest related to code enforcement action against medical marijuana establishments operating illegally within the City. Environmental Status: Not Applicable. Strategic Plan Goal: Strengthen Economic and Financial Sustainability. Attachment(s): 1. Resolution No. 2017-36, “A Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments For Collecting Delinquent Civil Fines For Nuisance Violations Of The Municipal Code.” HB -72-Item 10. - 2 RESOLUTION NO. 2017-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CERTIFYING SPECIAL ASSESSMENTS FOR COLLECTING DELINQUENT CIVIL FINES FOR NUISANCE VIOLATIONS OF THE MUNICIPAL CODE WHEREAS, the City Council has adopted Huntington Beach Municipal Code 1.18, which provides that any violation of its Municipal Code shall constitute a nuisance; and Authorizes the issuance of administrative citations that impose civil fines upon persons who commit property-related nuisance violations of the Municipal Code; and Certain administrative citations have been issued for such property—related nuisance violations and civil fines imposed thereby have not been paid by the responsible persons who committed the Municipal Code violations; and Section 1.18.150 of the Municipal Code provides that any unpaid delinquent civil fines, interest and penalties may be recovered as such a nuisance abatement lien or special assessment against the property of the responsible person who is the owner of the property where the violations occurred; and To compel code compliance, the City may seek to abate the nuisance and collect the costs incurred by means of a nuisance abatement lien and/or special assessment against the property where a property-related violation occurred as part of the nuisance abatement procedures authorized by Government Code Section 38773.5; and The City Council wishes to certify certain property-related nuisance abatement fines, interest and penalties as delinquent and have them collect as special assessments against the real property involved. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. The special assessments designated on Exhibit A, which is attached and incorporated herein by this reference, are hereby certified as being delinquent civil fines, interest and penalties owing to the City of Huntington Beach and qualified for collection as special assessments under Section 1.18.150 C. 2. The City Council as part of the City's nuisance abatement program orders that these delinquent fines, interest and penalties are to be collected as special assessments against the respective properties shown on Exhibit A pursuant to the provisions of Municipal Code Section 1.18.150 C and Government Code Section 38773.5. 1 17-5894/161172/mv HB -73-Item 10. - 3 ity Attorney LA/ ITIATED AND APPROVED: RESOLUTION NO. 2017-36 3. Pursuant to such authority, the Chief Financial Officer is directed to take the requisite steps for recording notice of such assessments against the respective properties in the property records of the County of Orange and for obtaining the collection of such assessments by the Tax Collector of the County of Orange. 4. The Chief Financial Officer is also authorized to take the necessary steps to have releases filed with the County Recorder when any such special assessments have been paid. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2017. Mayor REVIEWED AND APPROVED: City Manager 2 17-5894/161172/mv HB -74-Item 10. - 4 EXHIBIT A HB -75-Item 10. - 5 Special Assessments Property Address Owner Dates/Fine Amount(s)/Total (w/late fees & charges) Violation(s) APN Number 19480 Beach Bl. Huntingrton Beach,CA 92648 Ruth Clayton 10/26/15 $2,000 10/27/15 $4,000 11/18/15 $8,000 11/23/15 $8,000 12/16/16 $2,000 12/19/16 $4,000 12/20/16 $8,000 12/21/16 $8,000 02/07/17 $8,000 02/08/17 $8,000 02/09/17 $8,000 02/10/17 $8,000 02/13/17 $8,000 02/14/17 $8,000 02/15/17 $8,000 02/16/17 $8,000 Total $116,806.08 17.10.050 (a)(c)(d)(e)(x); 17.04.036; 250 204.18; 250 215.04 153-051-14 17685 Beach BL Huntington Beach, CA 92647 Tien and Vant Vu 09/12/16 $2,250 09/13/16 $4,500 09/14/16 $9,000 09/15/16 $9,000 09/19/16 $9,000 09/20/16 $9,000 09/21/16 $9,000 09/22/16 $9,000 09/23/16 $9,000 09/26/16 $9,000 09/27/16 $9,000 09/26/16 $9,000 09/29/16 $9,000 10/03/16 $9,000 10/04/16 $9,000 10/05/16 $9,000 10/06/16 $9,000 10/07/16 $9,000 10/10/16 $9,000 10/11/16 $9,000 10/12/16 $9,000 10/13/16 $9,000 Total $203,666.81 17.10.050 (a)(c)(d)(e)(x); 17.04.036; 250 204.18; 250 215.04 165-312-17 2017-2018 Special Assessment List detail Council 6-30-17.xls EXHIBIT AHB -76-Item 10. - 6 Special Assessments Property Address Owner Dates/Fine Amount(s)/Total (w/late fees & charges) Violation(s) APN Number 09/29/15 $2,000 09/30/15 $4,000 10/05/16 $8,000 10/06/15 $8,000 10/13/15 $8,000 10/21/15 $8,000 10/23/15 $8,000 10/26/15 $8,000 01/21/16 $8,000 03/11/16 $8,000 03/22/16 $8,000 03/23/16 $8,000 06/13/16 $8,000 06/14/16 $8,000 06/15/16 $8,000 06/16/16 $8,000 06/17/16 $8,000 06/20/16 $8,000 06/21/16 $8,000 06/22/16 $8,000 06/23/16 $8,000 06/27/16 $8,000 06/28/16 $8,000 06/29/16 $8,000 06/30/16 $8,000 07/01/16 $8,000 07/05/16 $8,000 07/06/16 $8,000 07/07/16 $8,000 07/11/16 $8,000 07/12/16 $8,000 07/13/16 $8,000 07/14/16 $8,000 07/15/16 $8,000 07/18/16 $8,000 07/27/16 $8,000 07/28/16 $8,000 07/29/16 $8,000 08/01/16 $8,000 08/02/16 $8,000 08/03/16 $8,000 08/04/16 $8,000 08/08/16 $8,000 08/09/16 $8,000 Total $343,625.00 19092 Beach BL Huntington Beach, CA 92648 Phoung Tranh Pham 17.10.050 (a)(c)(d)(e)(x); 17.04.036; 250 204.18; 250 215.04 153-041-28 2017-2018 Special Assessment List detail Council 6-30-17.xls EXHIBIT AHB -77-Item 10. - 7 Special Assessments Property Address Owner Dates/Fine Amount(s)/Total (w/late fees & charges) Violation(s) APN Number 19142 Beach Bl, Unit's EE and FF Huntington Beach, CA Phuong Tranh Pham 0811/15 $2,000 08/19/15 $4,000 08/24/15 $8,000 09/14/15 $8,000 09/22/15 $8,000 09/23/15 $8,000 09/29/15 $8,000 09/29/15 $2,000 09/30/15 $4,000 09/30/15 $8,000 10/05/15 $8,000 10/05/15 $8,000 10/06/15 $8,000 10/06/15 $8,000 10/13/15 $8,000 10/21/15 $8,000 10/23/15 $8,000 10/26/15 $8,000 01/21/16 $8,000 03/02/16 $8,000 03/03/16 $8,000 03/11/16 $8,500 03/22/16 $9,000 03/23/16 $9,000 03/28/16 $9,000 03/29/16 $9,000 03/30/16 $9,000 06/13/16 $8,000 06/14/16 $8,000 06/15/16 $8,000 06/16/06 $8,000 06/16/16 $8,000 06/20/16 $8,000 06/21/16 $8,000 06/22/16 $8,000 06/23/16 $8,000 06/27/16 $8,000 06/28/16 $8,000 06/29/16 $8,000 06/30/16 $8,000 07/01/16 $8,000 07/05/16 $8,000 07/05/16 $8,000 07/05/16 $8,000 07/11/16 $8,000 07/12/16 $8,000 07/13/16 $8,000 07/14/16 $8,000 07/15/16 $8,000 07/18/16 $8,000 07/27/16 $8,000 07/28/16 $8,000 07/29/16 $8,000 08/01/16 $8,000 08/02/16 $8,000 08/03/16 $8,000 08/03/16 $8,000 08/04/16 $8,000 08/08/16 $8,000 Total $497,974.96 17.10.050 (a)(c)(d)(e)(x); 17.04.036; 250 204.18; 250 215.04 153-041-28 2017-2018 Special Assessment List detail Council 6-30-17.xls EXHIBIT AHB -78-Item 10. - 8 Special Assessments Property Address Owner Dates/Fine Amount(s)/Total (w/late fees & charges) Violation(s) APN Number 17731 Beach BL Huntington Beach, CA 92647 Randy Wooten 06/20/16 $10,000 06/21/16 $10,000 06/22/16 $10,000 06/23/16 $1,000 06/27/16 $10,000 06/28/16 $10,000 06/29/16 $10,000 06/30/16 $10,000 07/01/16 $10,000 07/05/16 $10,000 07/06/16 $10,000 07/07/16 $10,000 07/11/16 $10,000 07/12/16 $10,000 07/13/16 $10,000 07/14/16 $10,000 07/15/16 $10,000 07/15/16 $10,000 07/18/16 $10,000 08/03/16 $10,000 08/04/16 $10,000 08/08/16 $10,000 Total $212,880.19 17.10.050 (a)(c)(d)(e)(x) (dd); 17.04.036; 250 204.18; 250 215.04 05.08.010 165-312-19 8162 Talbert Ave Huntington Beach, CA 92646 K3 Investments LLC - James Ishihara 04/14/17 $2,000 04/14/17 $500 04/17/17 $4,000 04/17/17 $1,000 04/18/17 $8,000 04/08/17 $2,000 04/19/17 $8,000 04/19/17 $2,000 04/20/17 $8,000 04/20/17 $2,000 04/21/17 $8,000 04/21/17 $2,000 04/24/17 $8,000 04/24/17 $2,000 04/25/17 $8,000 04/25/17 $2,000 04/26/17 $8,000 04/26/17 $2,000 04/27/17 $8,000 04/27/17 $2,000 04/28/17 $8,000 04/28/17 $2,000 Total $98,443.00 17.10.050 (a)(c)(d)(e)(x) (dd); 17.04.036; 250 204.18; 250 215.04 05.08.010 988-481-09 GRAND TOTAL $1,473,396.04 2017-2018 Special Assessment List detail Council 6-30-17.xls EXHIBIT AHB -79-Item 10. - 9 Dept. ID PD-17-004 Page 1 of 2 Meeting Date: 7/17/2017 Statement of Issue: The Police Department has previously applied for and been awarded a grant through the California Governor’s Office of Emergency Services (OES) to fund our Violence Against Women Program. We are in the final year (calendar) of a three-year grant cycle with $99,798 of the total grant package of $272,183 designated for CSP in 2017. The City’s contract with CSP expired March 31, 2017. A new contract is needed to continue to receive their services, remaining 2017 grant funds, and future funds when awarded. Financial Impact: None. Appropriation of funds is not necessary as the OES grant award includes all funding for CSP to provide these services. Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Professional Services Contract Between the City of Huntington Beach and Community Service Programs (CSP), Inc. for Victim and Witness Assistance Services.” Alternative Action(s): Do not approve and direct staff accordingly. Analysis: The collaboration between CSP and the City has been in effect since 1998. Since the inception of the Violence Against Women Project, Victim/Witness services have been continuously provided by CSP advocates and funded through a series of grants. In Orange County, CSP is the implementing agency for Victim/Witness and the only agency in the county that can provide the breadth of services required. Without this relationship, the Police Department would not be able to offer the current level of services to victims of domestic violence. Approval of this contract will ensure we continue to receive grant funding from OES to pay for this collaboration and continue to deliver the current level of service to these victims. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 7/17/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Robert Handy, Chief of Police SUBJECT: Authorize execution of a contract with Community Service Programs (CSP), Inc. to provide victim/witness services to domestic violence crime victims through funding provided by the California Governor’s Office of Emergency Services (OES) Violence Against Women Act Grant HB -80-Item 11. - 1 Dept. ID PD-17-004 Page 2 of 2 Meeting Date: 7/17/2017 Environmental Status: Not applicable. Strategic Plan Goal: Maintain and enhance public safety. Attachment(s): 1) Contract 2) Insurance Certificate 3) Grant Award Letter 4) Professional Service Approval Form I and II with Budget Breakdown HB -81-Item 11. - 2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND COMMUNITY SERVICE PROGRAMS, INC FOR VICTIM AND WITNESS ASSISTANCE SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Community Service Programs, Inc, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide assistance to victims of and witnesses to crime ; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Ronnetta Johnson who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/ surfnet/professional svcs mayor 1 of 11 10/12 HB -82-Item 11. - 3 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on April 1, 2017 (the "Commencement Date"). This Agreement shall automatically terminate on December 31, 2019, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 3 years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Two Hundred Eighty-three Thousand Five Hundred and Sixteen Dollars ($283,516). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agree/ surfnet/professional svcs mayor 2 of 11 10/12 HB -83-Item 11. - 4 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars agree/ surfnet/professional svcs mayor 3 of 11 10/12 HB -84-Item 11. - 5 ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: agree/ surfnet/professional svcs mayor 4 of 11 10/12 HB -85-Item 11. - 6 A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall 17-5851/159846/RL5 6/8117/DO 5 of 11 HB -86-Item 11. - 7 be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or agree/ surfnet/professional svcs mayor 6 of 11 10/12 HB -87-Item 11. - 8 other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: City of Huntington Beach ATTN: Mindy James 2000 Main Street Huntington Beach, CA 92648 TO CONSULTANT: CSP, Inc. 1221 E. Dyer Rd., Ste 120 Santa Ana, CA 92705-5700 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining agree/ surfnet/professional svcs mayor 7 of 11 10/12 HB -88-Item 11. - 9 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/ surfnet/professional svcs mayor 8 of 11 10/12 HB -89-Item 11. - 10 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this agree/ surfnet/professional svcs mayor 9 of!! 10/12 HB -90-Item 11. - 11 Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. agree/ surfnet/professional svcs mayor 10 of 11 10/12 HB -91-Item 11. - 12 City Clerk INITIATED AND APP OVED: Chief of Police APPROVED AS 147F_ORM: 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California COMMUNITY SERVICE PROGRAMS, INC., a California corporation COMPANY NAME print name EgeathVe Di reeler - ITS: (circle one) Chairman/President/Vice President Mayor REVIEWED AND APPROVED: AN print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer City Manager agree/ surfnet/pmfessional svcs mayor 10 of 11 10/12 HB -92-Item 11. - 13 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) The purpose of this contract is to continue the efforts of law enforcement agencies to enhance or create specialized units to focus special effort on the handling of violent crimes against adult women, including sexual assault, domestic violence, and stalking.The specialized unit will accomplish this- purpose through thorough investigation, immediate victim advocacy, and training for law enforcement officers. Thorough investigation leads to successful prosecution of cases, immediate victim advocacy provides victims with the support and resources to help disrupt the cycle of violence, and training assists departments in providing a consistent, effective, and compassionate response to female victims of violent crime. Projects receiving continuation funding will be required to collect and report demographic information on victims served. The project contracts with a local victim .service agency (rape crisis or domestic violence agency) for one full-time advocate (or full-time equivalent). The advocate must meet the requirements of a domestic violence or sexual assault counselors as defined by the Evidence .Code (Section 1035-1036.2 for sexual assault counselors and Section 1037-1037.7 for domestic violence counselors). The Huntington Beach Advocate must have 14 years experience in assisting victims of domestic violence, sexual assault, and stalking crimes. The agreement shall cover a period beginning April 1, 2017 through December 31, 2019, unless terminated earlier for cause or availability funding. 8. CONSULTANT'S DUTIESAND RESPONSIBILITIES Project Scope: This project will provide comprehensive services for victims/witnesses of crime. The goals • include providing services that will alleviate the trauma and • devastating impact of crime on the lives of victims and their family members. Additionally, it is necessary to provide information to victims/witnesses of crime regarding the processes of the criminal justice system in order to encourage cooperation in the investigation and prosecution of the case. 1. Victim/Witness Services. The provision of mandatory and optional services for all victims/witnesses of crime is outlined in the California Penal Code The contracted provider shall provide both mandatory and optional services. a. Mandatory Services as outlined in the Penal Code shall include but is not limited to: i. Crisis intervention — provide timely and comprehensive responsive to the individual needs of crime victims. Emergency assistance — directly or indirectly providing food, housing, clothing and cash, if necessary. j inpic on tracts g,roup/exA/1 1/13/13 HB -93-Item 11. - 14 EXHIBIT "A" iii. Resource and referral counseling - direct victims to agencies within the community. iv. Follow-up counseling - provide counseling to victims with problems resulting from crime. v. Filing of compensation claims - assist victims in filing claims for compensation through the Victim Compensation and Government Claims Boards. vi. Property returns assistance - upon request of the victim, assist in obtaining the return of a victim's property held as evidence by law enforcement agencies. vii. Orientation - provide orientation to the criminal justice system. viii. Court accompaniment - provide accompaniment and support the victim in the courtroom. ix. Presentations (criminal justice agencies) provide presentations to and training of criminal justice system agencies. x. Presentations (public) - provide presentations to public agencies and community groups. xi. Case status - monitor appropriate court cases to keep victims and witnesses apprised of the progress and disposition of their case. • xii. Notification - upon request of the victim, provide notification to friends, relatives and employers of the occurrence of the crime. xiii. Employer notification - upon request of the victim or witness, inform the employer that the employee was a victim or witness to a crime. xiv. Restitution assistance - upon request of the victim, assist in the process of obtaining restitution for the victim. b. Optional Services - as outlined in the Penal Code shall include but is not limited to. • i. Employer intervention - assist the victim in resolving employment issues that arise as the result of the crime. ii. Creditor intervention - assist the victim in resolving creditor issues that arise as the result of the crime. iii. Crime prevention - provide information regarding crime prevention to individuals or community groups. iv. Temporary restraining orders - provide assistance in obtaining temporary restraining orders for victims. v. Transportation - arrange for transportation to court for victims required to testify. vi. Waiting area - arrange for the provision of a victim/witness waiting room. vii. Victim Impact Statements - provide victims assistance in the preparation of victim impact statements for probation reports, sentencing and parole hearings. HB -94-Item 11. - 15 EXHIBIT "A" 2. Staffing Requirements. All staff must have met minimum education and experience requirements for the position, be carefully screened for suitability. Offers of employment will be contingent upon successfully passing fingerprint and background checks. Supervision of staff will be the sole responsibility of the contracted agency. The following outlines general training requirements for the positions. Victim Advocate. Staff assigned to provide victim/witness services by the contracted agency must complete the Entry Level and Advanced Advocate certification training_ requirements as established by the California Victim and Witness Coordinating Council and the California Office of Emergency Services. The contracted agency must provide specific training in domestic violence, sexual assault and stalking for advocates specializing in those areas of concern. Additionally, each advocate must be given no less than 16 hours of in service training each year. Finally, advocate is required to submit a semi-annual progress report directly to the grant agency as part of the grant reporting requirement. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Pay contractor after an invoice is received from the contractor. 2. Negotiate rates with the contractor, as necessary. 3. Provide overall review of the services. D. WORK PROGRAM/PROJECT SCHEDULE: These services will be conducted within the contract period. It is understandable that some services will continue beyond the contract period if the services are ongoing. These ongoing services will not have any costs that will be assessed beyond the contract period. HB -95-Item 11. - 16 EXHIBIT "B" Payment Schedule (Per Unit & Hour) A. Per Unit & Hourly Rates 1. CONSULTANT'S fees for such services shall be based. upon administration of work outlined in the statement of work with the following payment schedule: Description of Services Year 1 Cost Year 2 Cost Year 3 Cost Victim/Witness Services $74,848 $102,792 $105,876 B. Travel 1 Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. As CITY sometimes uses consultants that are outside of the nearest metropolitan area, CITY is very conscious of travel costs. Subject to agreement otherwise, CONSULTANT will be held to charging no fees on travel time to or from Huntington Beach. 3. Automobile expenses are limited to the IRS standard business mileage rate. All other travel expenses must be approved in advance by CITY in writing. Requests for approval shall be submitted at least fourteen (14) days in advance, to allow for reduced transportation fares. Meals are not billable to CITY, without prior written consent of CITY C. Billing 1. CONSULTANT shall submit an invoice, as services are provided per unit or hour as outlined above. 2. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount ofthe payment due; and D) Indicate the specific services and the hours expended, if relevant E) Indicate the date of services 3. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is fulfilling the scope of work as described in Exhibit "A," CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not HB -96-Item 11. - 17 EXHIBIT "B" Payment Schedule (Per Unit &Hour) approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non- approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead. For example, time spent for faxing, mailing, arranging for messengers and calendaring are not acceptable charges. 5. CITY will not pay for word processing charges. This includes per page or hourly charges. 6. CITY will not pay for billing or discussion of bills. If CITY has questions about billing or needs additional information on bills, that is not a chargeable event; CONSULTANT should respond without charging CITY for the time required. 10. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the work completed and the rate for such work. CITY shall approve such invoices if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the work and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. HB -97-Item 11. - 18 ClIent#: 834176 COMMUSER6 ACOR11. CERTIFICATE OF LIABILITY INSURANCE DATE (MAUD D(YYTY) 10/04/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: Bibs certificate holder is an ADDITIONAL INSURED, the policyfies) must be endorsed. If SUBROGATION IS WAIVED, subject to the ISMS and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such enclorsernent(s). PRODUCER USI Insurance Services LLC Lic # 0G11911 38 Discovery, Suite 250 Irvine, CA 92618 INSURED Community Service Programs, Inc. 1221 E. Dyer Rd., Suite 120 Santa Ana, CA 92705.5700 NA E COMA TACT Day Thrall Ihroke WC, NO. EA : 949-790-9423 ADDRESS. raymond.thrall@uslcom INSUREMS) AFFORDING COVERAGE iNguggg NonProfits' insurance Alliance INSURER g Liberty Mutual Fire Insurance C IN C: INSURER D INSURER E: INSURER F : NAIC 011845 23035 JA/C, NO: 484 -652-5069 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIND ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SrlOVVN MAY HAVE SEEN REDUCED BY PALO CLAIMS. 4 OF INSURANCE ADM MWVD X S UR PLCY HIJMDER O 201612069NP0 NIL Deductible IvVf rgTYPE (bWittn taiM ) 10/0112016 10/01/2017 LMITS A x. COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000 000. CLAIMS-MADE 1 .I OCCUR X Sexual Abuse $1 M1$1M Rautim ENTED co s 500,000. MED EXP (An y one pencil) S20,000. X i Professional $1M/$3M PERSONAL a ADV INJURY $1)000,000. OM AGGREGATE LIMIT APPLIES PER: _ ... , POLICY Pi PRO. ft LOC OTHER: GENERAL AGGREGATE s3 1 000,000. PRODUCTS- COMP/OP AGO S3,000,000. S A AtrroMoetLE UASILITY X 201612069NPO $500 COMP DED, $500 COLL DED. 10/01/2016 10101/2017 COVINED SINGLE LIMIT $1 ,000,000. X 1 ANY AUTO BODILY INJURY (Per person) $ ItULT8SWNED 7..,, AstauLED ZjIrrNED BODILY INJURY (Per accident) S 3 X HIRED AUTOS 1 X r PROPERTY DAMAGE Ape/ seddeng A x UMBRELLA LIAO EXCESS LIAB I IAD 1 X: RETF.NTIDNX s$10,000. OCCUR CLAIMS-MADE N / A X 201612069UMBNPO _10/01/2016 WC2641443907028 NIL Deductible 10/0112017 10101/2016110101/20 7 EACH OCCURRENCE $2,000.000. AGGREGATE S s2,000,000. B WORKERS COMPENSATION '' AND EMPLOYERS LIABILiTf XI FsrvrizE r TEck, $ ANY PROPRIETOR/PARTNERAXECUTIVE YiN OFFICER/MEMBER EXCLUDED? 1 N 1 (Mandatory In NH) 1(1476FIIIPTIct uSFdeOrPERATIONS below El. EACH ACCIDENT S1,000,000. E.L. DISEASE - EA EMPLOYEE S1,000,000. El. DISEASE - POLICY LIMIT s1,000,000. A Fiduciary 20181206900NP0 10/01/2016 10/0112017 $1,000,000 Limit. NIL Deductible. oEscalpricri OF OPERATIONS I LOCATIONS I VEHICLES fACORD 101. Add,: in n al Remarks Schedule. ma y be attached if mare aims is required ) RE: CDBG Funds Gang Prevention. The City of Huntington Beach, Its elected or appointed officials, agents, officers, employees, and volunteers are named additional Insured with respect to the operations of the named insured per the attached CG 2026 endorsement. Form NIAC-E61 08 12 provides Primary & Non-Contributory for Public Entities. APPROVED AS TO FORM - By: ,.;4,--MICHAEL E. GAtES CANCELLATION z" CITY ATTORNEY CITY OF HUNTINGTON AtaftIOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach - Gang THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Prevention ACCORDANCE WITH THE POLICY PROVISIONS 2000 Main St Huntington Beach, CA 92648-0000 44,4 0 1908.2014 ACORD CORPORATION Alf rights reserved. ACORD 25 (2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD S190487051M19040851 DYBZP CERTIFICATE HOLDER AUTHORLZEO REPRESENTATIVE HB -98-Item 11. - 19 POLICY NUM8ER: 201612069NPO COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or OrgenIzatien(e) The City of Huntington Beach, its officers, elected or appoinped officials, employees, agents and volunteers. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured Is amended to in- clude as an addifionat insured the person(s) or organi- zation(s) shown In the Schedule, but only with respect to Debility for "bodily Injury", "property damage" or 'personal and advertising Injury' caused, in whore or In part, by your sots or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CO 20 26 07 04 QD ISO Properties, Inc., 2004 Pagel 01 HB -99-Item 11. - 20 POLICY NUMBER: 201612069NP0 COMMERCIAL GENERAL LIABILITY CG 20 12 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Politica? Subdivision: The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers. (If no entry appears above, Information required to complete this endorsement v.111 be shown in the Dec.larabons as applicable to this endorsement ). Section ii — Who Is An insured Is amended to include as an insured any stale or political subdivi- sion shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to opera- tions performed by you or on your behalf for which the state or political Subdivision has Issued a permit. 2. This insurance does not apply to: a. "Bodily, Injury,"property damage" or 'personal and advertising injury" arising out of opera- tions performed for the stale or municipality; or b. "Bodily Injury" or "property damage" included within the "products-completed operations hazard', CG2012079B Copyright, Insurance Services Office, Inc„ 1897 Page 'I of 1 HB -100-Item 11. - 21 Iill NONPROFITS Ili .INSURANCE.cLo,A Policy Number: 2016121369NP0 A Head Iv Insurance. A krart /or Alanprol THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE ONLY In consideration of the premium charged, It is understood and agreed that the following Is added as an additional Insured: The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers. But only as respects a legally enforceable contraclual agreemenl with the Named Insured and only for liability arising out of the Named Insured's negligence and only for occurrences of coverages not otherwise excluded in the policy to which this endorsement applies. It Is further understood and agreed that irrespective of the number of entities named as Insureds under this policy. in no event shall the company's Omits of liability exceed the occurrence or aggregate limits as applicable by policy definition or endorsemenL NIAC Al 03 91 Page 1 01'1 HB -101-Item 11. - 22 El NONPROFITS INSURANCE ALUANCkorCAWORNIA Policy Numner: 201612069NP0 A We:10w insurance. A Heart for Nonprofits THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modlfres insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown In the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. MAC E25 01 58 Raga 1 of t HB -102-Item 11. - 23 GOVERNOR EDMUND G. BROWN IR. MARK S. GHILARDUCCI Cal OES 00V ERN OR'S OFF IC OF EMERGENCY SE RVICES DIRECTOR March 8, 2017 Bo Svendsbo, Lieutenant Huntington Beach, City of 2000 Main Street Huntington Beach, CA 92648 Subject: NOTIFICATION OF APPLICATION APPROVAL Law Enforcement Specialized Units Program Subaward #: LE16 09 6860, Cal OES ID: 059-36000 Dear Lt. Svendsbo: Congratulations! The California Governor's Office of Emergency Services (Cal OES) has approved your application in the amount of $204,137, subject to Budget approval. A copy of your approved subaward is enclosed for your records. Cal OES will make every effort to process payment requests within 45 days of receipt This subaward is subject to the Cal OES Subrecipient Handbook. You are encouraged to read and familiarize yourself with the Cal OES SulDrecipient Handbook, which can be viewed on Cal OES website at www.caloes.ca.gov . Any funds received in excess of current needs, approved amounts, or those found owed as a result of a close-out or audit, must be refunded to the State within 30 days upon receipt of an invoice from Cal OES. Should you have questions on your subaward please contact your Program Specialist. VSPS Grants Processing Enclosure c: Subrecipient's file 3650 SCHRIEVER AVENUE • MATHER, CALIFORNIA 95655 VICTIM SERVICES & PUBLIC SAFETY BRANCH TELEPHONE: (916) 845-8112 • FAX: (916) 636-3770 HB -103-Item 11. - 24 (Cal OES Use Only) Ca OESit r:011 — •ge:n) -Ccf FlPS# 10S9°— tea) VS # 1 , ' Sub r ' 0 -LE-4-6&-Terwl- t5 I (,,, oq 684. c awa c CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES GRANT SUBAWARD FACE SHEET The California Governor's Office of Emergency Services (Cal OES), makes a Grant Subaward of funds set forth to the Mowing: 1. Subrecipient: City of Huntington Beach 1a. DUNS: 078143946 2. Implementing Agency: Huntington Beach Police Department 2a. DUNS#: 078143948 3. implementing Agency Address: 2000 Main Street Huntington Beach 92648-0190 Street CiFy 4. Location of Project: Huntington Beach Orange 92648-0190 Cily 5. Disaster/Program Tide: Law Enforcement Specialized Units Program County 6. Performance Period: 161h017 Zp4,4 to 1'001 7 7. Indirect Cost Rate: ig N/A; D10% de minimis; E rederaliy Approved JCR Grant Year Fund Source & State B. Federal C. Total D. Cash Match E. in-Kind Match F. Total Match G. Total Project Cost 2016 8, VAWA $ 204,137 • . $ 0 $ 88,046 $ 68,046 1 .272;183 Select 9.Select $ 0 Select lo, Select $ 0 .•.$. 0 Select 11. Select $ 0 , $-0 Select 12. Select $ 0 . -: : $ 0 TOTALS $ 0 $ 204,137 $ 204,137 $ 68,046 $ 0 $ 68,046 In. G 'Nal Prsisat Cast: $ 272,183 13. This Grant Subaward consists of this title page, the application for the grant, which is attached and macio a part hereof, and the Assurances/Certifications. I hereby certify I am vested with the authority to enter into this Grant Subaward, and have the approval of the City/County Financial Officer, City Manager, County Administrator, Governing Board Chair, or other Approving Body, The Suhrecipient certifies that all funds received pursuant to this agreement will be spent exclusivety on the purposes specified in the Grant Subaward. The Subreciplent accepts this Grant Subaward and agrees to administer the grant project In accordance with the Grant Subaward as well as all applicable state and federal laws, audit requirements, federal program guidelines, and Cal DES policy and program guidance. The Subrecipient further agrees that the allocation offunds may be contingent on the enactment of the State Budget. 14, Official Authorized to Sign for Subrecipient: Name: Robert Handy Telephone: 7145365902 15. Federal Employer ID Number 956000723 Title: Chief of Police Email: rhandy@hbod.org FAX; 7145352895 (area code) (area code) Payment Mailing Addre s: ,.1 City: Huntington Beach Zip+4; 92648-0190 Date: 7-4 2000 Map Street Signature: -.- OR Cal CES USE MC ' I hefe7)_ jitihlyupon my-eyn ersorTI knowledge that budgeted funds re available for the per ,i,g4 and purposes f this,expenditure stated above. k ' / OES Fiscal Officer 1 a- 17 ••P). an-.0._ Cal OES Director (or designee) Date Date Yr:2016-17 /Chapter: 23/ PCA NO: 1841 6 Item: 0690-102-0890 Compunent: 40.20.161 FAIN #. 2016-WF-AX-0049 CFDA#: 16,588 Federal Award Dates: 07/011:6 - 06/30/18 Fund: Fedora; Trust Program; Law Enforcement Specialized Units F Ti7gra m Mate!: Req,:25%, UK based on TPC Project No.: 16VAWA Amount: $ WLIA 11trE;EIV I NOV 07 2016 zi _50t3 BY; Grant Subaward Face Sheet- Cal OES 2-101 (Revised 612016) HB -104-Item 11. - 25 CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES SUPPLEMENTAL GRANT SUBAWA.RD INFORMATION I. Cal OES Contact Information Section: Governor's Office of Emergency Services Mark S. Ghilarducci, Director 3650 Schriever Avenue Mather, CA 95655 (916) 845-8506 phone • (916) 845-8511 fax 2. Federal Awarding Agency Section: F d un Year Federal Program Fund / CFDA # Federal Awarding Agency Total Federal Award Amount Total Local Assistance Amount 2016 Violence Against Women Act (VAIVA) /16.588 Office on Violence Against Women $14,798,873 $13,318,986 Choose an item. Choose an item. Choose an item. $ ClicPme an itern, Choose an item. Choose an item, $ $ C h oose an item. Choose an item, Choose an item. $ $ Choose an item. Choose an item. Choose an item. $ $ 3. Project Description Section: • Project Acronym (Please choose from drop down): Law Enforcement Specialized Units Program (LE) • Project Description (Please type the Project Description): Provides funding that will assist law enforcement agencies in California to enhance or create specialized units to provide a coordinated response to victims of domestic violence and their children. 4. Research & Development Section: • Is this Subaward a Research & Development grant? Yes El No E. Supplemental Grant Subaward Information — Cal OES 2-101a (8/2015) Revised 11/9/16 HB -105-Item 11. - 26 PROJECT CONTACT INFORMATION Subrecipient: City of Huntington Beach Subaward #: LE'aep Ccl 86 ,0 Provide the name, title, address, telephone number, and e-mail address for the project contacts named below. NOTE: If you use a PO Box address, a street address is also required for package delivery and site visit purposes. 1. The Project Director for the project: Name: Bo Svendsbo Title: Lieutenant Telephone*: 7145366918 F ax#: 7145362895 Email Address: gsvendsbo@hbpd.org Address/City/Zip: 2000 Main Street Huntington Beach, CA 92648 2. The Financial Officer for the project: Name: Mindy James Telephone #: 7145365425 Title: Manager, Budget Bureau Fax*: 7143741584 Email Address: miames@hbpd.org Address/City/zip: 2000 Main Street Huntington Beach, CA 92648 3. The person having Routine Programmatic responsibility for the project: N ame: Jana Harden Telephone #: 7145365957 The: Victim Advocate Fax*: 7145362895 Email Address: jharden@hbpcl.org Address/City/Zip: 2000 Main Street Huntington Beach, CA 92648 4. The person having Routine Fiscal Responsibility for the project: N ame: Mindy James Title: Manager, Budget Bureau Telephone*: 7145365425 F ax#: 7143741584 Email Address: mjames@hbpd.org Address/City/Zip: 2000 Main Street Huntington Beach, CA 92648 5. The Executive Director of a Community Based Orgranization or the Chief Executive Officer (i.e., chief of police, superintendent of schools) of the implementing agency: 'N ame: Robert Handy Title: Chief of Police Telephone #: 7145365902 Fax*: 7145362895 Email Address: rhandy@hbpd.org AddressiCity/Zip: 2000 Main Street Huntington Beach, CA 92648 6, The Official Designatedby the Governing Board to enter into the Grant Subaward for the City/County or Community-Based Organization, as stated in Section 14 of the Grant Subaward Face Sheet: Name , Robert Handy Title: Chief of Police Telephone*. 7145365902 F ax#: 7145362895 Email Address: rhandy@hbpd.org Address/City/Zip: 2000 Main Street Huntington Beach, CA 92648 7. The chair of the Governing Body of the subrecipient: N ame . Jim Katapodis Telephone*: 7145365553 F ax#: 7145365233 Address/City/zip: 2000 Main Street Huntington Beach, CA 92648 Project Contact Information Cal OES 2-102 (Revised 7/2015) Email Address: jim.katapodis@surfcity-hb.org Title: Mayor HB -106-Item 11. - 27 Signature: Date: Signature: Date: (0 -17-1 i) SIGNATURE AUTHORIZATION c/c- Subaward #: .L&88U L1e 09 Co glo Subrecipient: City of Huntington Beach Implementing Agency: Huntington Beach Police Department *The Project Director and Financial Officer are REQUIRED to sign this form. *Project Director: Bo Svendsbo *Financial Officer: Mindy James The following persons are authorized to sign for the Project Director The following persons are authorized to sign for the Financial Officer Signature Richard Spencer Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Authorization - Cal OES 2-103 (Rev. 712015) HB -107-Item 11. - 28 CERTIFICATION OF ASSURANCE OF COMPLIANCE With Statutory Requirements of the Violence Against Women Act (VAWA) Fund As Amended, Services*Training*Officers*Prosecutors (STOP) Formula Grant Program I, Robert Handy hereby certify that (official authorized to sign Subaward; same person as Section 14 on Subaward Face Sheet) SUBRECIPIENT: City of Huntington Beach IMPLEMENTING AGENCY: Huntington Beach Police Department PROJECT TITLE: Law Enforcement Specialized Unit Program is responsible for reviewing the Subrecipient Handbook and adhering to all of the Subaward requirements (state and/or federal) as directed by Cal OES including, but not limited to, the following areas: I. Federal Grant Funds Subrecipients expending $750,000 or more in federal grant funds annually are required to secure an audit pursuant to OMB Uniform Guidance 2 CFR Part 200, Subpart F and are allowed to utilize federal grant funds to budget for the audit costs. See Section 8000 of the Subrecipient Handbook for more detail. 151 The above named Subrecipient receives $750,000 or more in federal grant funds annually. The above named Subrecipient does not receive $750,000 or more in federal grant funds aril -1101y. II. Equal Employment Opportunity — (Subrecipient Handbook Section 2151) It is the public policy of the State of California to promote equal employment opportunity (EEO) by prohibiting discrimination or harassment in employment because of ancestry, age (over 40), color, disability (physical and mental, including HIV and AIDS), genetic information, gender, gender identity, gender expression, marital status, medical condition (genetic characteristics, cancer or a record or history of cancer), military, veteran status, national origin, race, religion (includes religious dress and grooming practices), sex (includes pregnancy, childbirth, breastfeedin.g and/or related medical conditions) sexual orientation, or request for family medical leave. Cal OES-funded projects certify that they will comply with all state and federal requirements regarding equal employment opportunity, nondiscrimination and civil rights. Please provide the following information: 2000 Main Street Huntington Beach, CA 92648 714-536-5586 michele.warren@suricity-hb.org Certification of Assurance of Compliance —VAR% Ca/ DES 2-104g (Rev. 12/2016) Title: Address: Phone: Equal Employment Opportunity Officer: Michele Warren Director of Human Resources HB -108-Item 11. - 29 III. Drug-Free Workplace Act of 1990 — (Subrecipient Handbook, Section 2152) The State of California requires that every person or organization subawarded a grant or contract shall certify it will provide a drug-free workplace. IV. California Environmental Quality Act (CEQA) — (Subrecipient Handbook, Section 2153) The California Environmental Quality Act (CEQA) (Publec Resources Code, Section 21000 et seq.) requires all Cal OES funded projects to certify compliance with CEQA. Projects receiving funding must coordinate with their city or county planning agency to ensure that the project is compliance with CEQA requirements. V. Lobbying — (Subrecipient Handbook Section 2154) Cal OES grant funds, grant property, or grant funded positions shall not be used for any lobbying activities, including, but not limited to, being paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. VI. Debarment and Suspension — (Subrecipient Handbook Section 2155) (This applies to federally funded grants only.) Cal OES funded projects must certify that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department of agency. VII. Proof of Authority from City Council/Governing Board The above named organization (Applicant) accepts responsibility for and will comply with the requirement to obtain a signed resolution from the City Council/Governing Board in support of this program. The Applicant agrees to provide all matching funds required for said project (including any amendment thereof) under the Program and the funding terms and conditions of Cal OES, and that any cash match will be appropriated as required. It is agreed that any liability arising out of the performance of this Subaward, including civil court actions for damages, shall be the responsibility of the grant Subrecipient and the authorizing agency. The State of California and Cal OES disclaim responsibility of any such liability. Furthermore, it is also agreed that grant funds received from Cal OES shall not be used to supplant expenditures controlled by the City Council/Governing Board. The Applicant is required to obtain a signed resolution from the City Council/Governing Board illustrating that the official executing this agreement is, in fact, authorized to do so. The Applicant is also required to maintain the signed resolution on-site, and a copy must be readily available upon request by Cal OES. VIII. Civil Rights Compliance The subrecipient complies will all laws that prohibit excluding, denying or discriminating against any person based on actual or perceived race, color, national origin, disability, religion, age, sex, gender identity, and sexual orientation in both the delivery of services and employment practices and does not use federal financial assistance to engage in explicitly religious activities. Certification of Assurance of Compliance— VAWA Cal OES 2-104g (Rev, 1212016) 2 HB -109-Item 11. - 30 IX. Special Condition for Grant Subaward with Violence Against Women Act (VAWA) Funds 1. Applicability of Part 200 Uniform Requirements The Subrecipient agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice (D03) in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements"). 2. Compliance with DOJ Grants Financial Guide The Subrecipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the 03? website (currently, the "2015 DOJ Grants Financial Guide"), including any updated version that may be posted during the period of performance. 3. Requirements Pertaining to Prohibited Conduct Related to Trafficking in Persons (including reporting requirements and OW authority to terminate award) The Subrecipient agrees to comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of Subrecipient or individuals defined (for purposes of this condition) as "employees" of the Subrecipient. The details of the Subrecipients obligations regarding prohibited conduct related to trafficking in persons are posted on the OW website at: http://oip.Rov/fimding/Exolore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by Subrecipients related to trafficking in persons (including reporting requirements and OW authority to terminate award)), and are incorporated by reference here. 4. Compliance with Applicable Rules Regarding Approval, Planning, and Reporting of Conferences, Meetings, Trainings, and Other Events The Subrecipient agrees to comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOI), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "2015 DOJ Grants Financial Guide"), 5, Effect of Failure to Address Audit Issues The Subrecipient understands and agrees that the DOJ awarding agency (0JP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the Subrecipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 6. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct The Subrecipient agrees to promptly refer to the DOJ Office of the Inspector General (01G) any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has, in connection with funds under this award (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Certification of Assurance of Compliance — VAWA Cal OES 2-104g (Rev. 12/20 1 6) 3 HB -110-Item 11. - 31 Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by: o Mail: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 950 Pennsylvania Avenue, N.W. Room 4706, Washington, DC 20530; o E-mail: oig.hotline@usdoj.gov; o DOJ 010 hotline (contact information in English and Spanish): (800) 869-4499; and/or o DOJ OIG hotline fax: (202) 616-9881. Additional information is available from the D0.1 OIG website at http://www.usdoi .Rov/oig. 7. Compliance with General Appropriations-Law Restrictions on the Use of Federal Funds The Subrecipient agrees to comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various 'general provisions" in the Consolidated Appropriations Act, 2016, are set out at http://ojp.gov/funding/Explore/PY2016- AppropriationsLawRestrictions.htm, and are incorporated by reference here. 8, Restrictions and Certifications Regarding Non-Disclosure Agreements and Related Matters The Subrecipient understands and agrees that no Subrecipient under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. a. In accepting this award, the Subrecipient: o Represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and o Certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. b. If the Subrecipient does or is authorized under this award to make subawarcls, procurement contracts, or both: o It represents that (I) it has determined that no other entity that the SubrecipientTs application proposes may or will receive award funds (whether through a subaward, procurement contract, or Certification of Assurance of Compliance — VAWA Cal OS 2-104g (Rev. 1212016) 4 HB -111-Item 11. - 32 subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and o It certifies that, if it learns or is notified that any Subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 9. Encouragement of Policies to Ban Text Messaging while Driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed, Reg. 51225 (October I, 2009), the Subrecipient understands that DOJ encourages Subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 10. Additional DOJ Awarding Agency Requirements The Subrecipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the Subrecipient is designated as 'high- risk" for purposes of the DOJ high-risk grantee list. 11. OVW Training Guiding Principles The Subrecipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OVW Training Guiding Principles for Grantees and Subgrantees, available at https://www.iustice.gov/ovw/grantees. 12. Supplanting The Subrecipient understands and agrees that funds must be used to supplement, not supplant, non-federal funds that would otherwise be available for the activities under this grant. 13. Statutory Requirements The Subrecipient agrees to comply with all relevant statutory and regulatory requirements which may include, among other relevant authorities, the Violence Against Women Act of 1994, P.L. 103-322, the Violence Against Women Act of 2000, P.L. 106-386, the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.0 3711 et seq., the Violence Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109-162, the Violence Against Women Reauthorization Act of 2013, P.L. 113-4, and OVW's implementing regulations at 28 CFR Part 90. 14, Misuse of Award Funds The Subrecipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. Certification of Assurance of Compliance — VAWA Cal OES 2-104g (Rev. 1212016) 5 HB -112-Item 11. - 33 The Subrecipients understands and agrees that grant funds may be used only for the purposes in the Subrec,ipient's approved application. 15. Consultant Rates The Subrecipient understands approval of this award does not indicate approval of any consultant rate in excess of $650 per day or $81.25 per hour. A detailed justification must be approved by the grantor prior to obligation or expenditure of such funds. Although prior approval is not required for consultant rates below these specified amounts, Subrecipients are required to maintain documentation to support all daily or hourly rates. 16. Materials and Publications The Subrecipient understands and agrees that all materials and publications (written, visual, or sound) resulting from subgrant award activities shall contain the following statements: "This project was supported by Subgrant No. awarded by the state administering office for the STOP Formula Grant Program. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the state or the U.S. Department of Justice, Office en Violence Against Women." 17. Victim Safety The Subrecipient understands and agrees that grant funds will not support activities that compromise victim safety and recovery, such as: procedures or policies that exclude victims from receiving safe shelter, advocacy services, counseling, and other assistance based on their actual or perceived sex, age, immigration status, race, religion, sexual orientation, gender identity, mental health condition, physical health condition, criminal record, work in the sex industry, or the age and/or sex of their children; procedures or policies that compromise the confidentiality of information and privacy of persons receiving OVW-funded services; pre-trial diversion programs not approved by OVW or the placement of offenders in such programs; mediation, couples counseling, family counseling or any other manner of joint victim-offender counseling; mandatory counseling for victims, penalizing victims who refuse to testify, or promoting procedures that would require victims to seek legal sanctions against their abusers (e.g., seek a protection order, file formal complaint); the placement of perpetrators in anger management programs; or any other activities outlined in the solicitation under which the approved application was submitted. 18. Copyright Approval The Subrecipient understands advance written approval must be obtained to copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under this award. in addition, the Subrecipient (or contractor or subcontractor) must comply with all conditions specified by the program manager in connection with an that approval, before: 1) using award funds to purchase ownership of, or a license to use, a copyrighted work; or 2) incorporating any copyrighted work, or portion thereof, into a new work developed under this award. The Subrecipient understands and agrees the Office on Violence Against Women reserves a royalty- free, nonexclusive and irrevocable right to reproduce, publish or otherwise use the work, in whole or in part (including in the creation of derivative works), for Federal purposes, and to authorize others to do so. The Subrecipient understands and agrees it is their responsibility (and of each contractor or subcontractor as applicable) to ensure that this condition is included in any subawm -d, contract, or subcontract under this award. Certification of Assurance of Compliance — VAWA Cal DES 2-104g (Rev. 12/2016) 6 HB -113-Item 11. - 34 Chief of Police /47/? City Financial Officer IF City Manager LI Governing Board Chair Signature: Typed Name: Title: LI County Financial Officer LI County Manager All appropriate documentation must be maintained on file by the project and available for Cal OES or public scrutiny upon request Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Subrecipient may be ineligible for subavvard of any future grants if the Cal OES determines that any of the following has occurred: (1) The Subrecipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. CERTIFICATION I, the official named below, am the same individual authorized to sign the Subaward [Section 14 on Grant Subaward Face Sheet], and hereby swear that I am duly authorized legally to bind the contractor or grant Subrecipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. Authorized Official's Signature: Authorized Official's Typed Name. Authorized Official's Title: Date Executed: Federal Employer ID #: 9560000723 078143948 Federal DUNS # Current System for Award Management (SAM) Expiration Date: 2/28/17 Executed in the City/County of: City of Huntington Beach, County of Orange AUTHORIZED BY: (not applicable to State agencies) CorEcation of Assurance of Compliance — VAWA Cal OES 2.104g (Rev. 12/2016) 7 HB -114-Item 11. - 35 APPROVED ty anager's Signature csp 2017 professional service approval form - part i REV: February 2015 CITY OF HUNTINGTON BEACH Professional Service Approval Form PART I RECEIVED JUN 1 5 2017 Finance Department Date: 6/13/2017 Project Manager Name: Lt. G. Svendsbo Requested by Name if different from Project Manager: Department: Police PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART! MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: To renew a longtime partnership with Community Service Programs, Inc. to provide victim/witness services for adult victims of violent crime, sexual assault, domestic violence and stalking. Funding will be provided by the Cal OES Domestic Violence Grant. 2) Estimated cost of the services being sought: $ 74,848 (2017), $102,792 (2018), & $106,876 (2019). 3) Are sufficient funds available to fund this contract? Ei Yes 111 No If no, please explain: 4) Check below how the services will be obtained: LI A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. El MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. Cu,* e r- or El MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized. 5) Is this contract gener Ily described on the list of professional service contracts approved by the City Council? If the ans r to tbis question is "No," the contract will require approval from the City Council.) Yes 111 No 6 7 es MAnager Signature (Purchasing Approval) Date 6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): Account number Contractual Dollar Amount Business unit. object # Fiscal Year 16/17 Fiscal Year 17/18 Fiscal Year 18/19 Fiscal Year 124670101.69365 $74,848 $102792 i $105876 $ 12.900101- bc/SL,S $ $ $ —.--- -t $ $ $ $ Date ate 7 Date )- Date HB -115-Item 11. - 36 ,---- Budget M ager Approval Crrieffrnirnial OfficeT(or designee) Signature Fiscal Se CITY OF HUNTINGTON BEACH Professional Service Approval Form PART II Date: 6-13-2017 Project Manager: Lt. G. Svendsbo Requested by Name if different from Project Manager: Department: Police PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART! & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Community Service Programs, Inc. 2) Contract Number: POL 2017-04 (Contract numbers are obtained through Finance Administration x 6630) 3) Amount of this contract: $ 283,516 Account number Contractual Dollar Amount Business unit. object # Fiscal Year 16/17 74,848 Fiscal Year 17/18 102,792 Fiscal Year 18/19 105,876 - of 0101 .69 365 $ $ $ --- $ $ $ 4) Is this contract less than $50,000? Yes Z No 5) Does this contract fall within $50,000 and $100,000? Yes Z No 6) Is this contract over $100,000? Z Yes No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? CI Yes Z No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. 6 -/v ----zciy Date (0 (c4 Date _47/11, Date HB -116-Item 11. - 37 Date Vendor 5/26/2016 Truth Be Told 5/26/2016 Susan Saxe PHD 2/17/2016 IXII Group 5/26/2016 The Counseling team 5/26/2016 Psycholgoical Consulting Associates 5/16/2016 Memorial Occupational Medical Services 6/7/2017 CSP Inc 1 Amount $ 10,310 5,000 $ 7,200 PROFESSIONAL SERVICES FISCAL YEAR 2016117 POLICE Department Description Amount Police Psychological exams, polygraph, legal consultations, rape and medical exams, crime prevention, hazmat physical exams, flight crew physicals, blood withdraws, transcription, juvenile diversion, gang prevention and other related consulting and professional services. $ 630,443 FY 17/18 FY 18/19 Notes Amount I Amount New 3 year contract to be awarded via RFP process $ 10,310 $ 13,000 Pre-employment Psych Evals $ 5,000 22,500 Comm center staff training Pre-employment Psych Evals/debrief, critical 11,000 incident $ 4,500 Pre-employment Psych Evals/debrief, critical 32,087 incident $ 13,000 12,000 Inmate Health Review Services $ 4,000 283,516 Victims Assistance Services (grant fund 124) $ 102,792 $ 105,876 4,500 $ 13,000 $ 4,000 $ 74,848/ $ Contract Value 28,620 [Total Value $ 118,858 'Balance $ 511,585 HB -117-Item 11. - 38 Dept. ID PW 17-039 Page 1 of 2 Meeting Date: 7/17/2017 Statement of Issue: In April of 2016, the City of Huntington Beach partnered with Westchester Bay HOA, Peter’s Landing Marina, Huntington Harbour Marina, and OC Parks and applied for and was awarded a grant from the Orange County Transportation Authority (OCTA) Measure M2 Environmental Cleanup Program (ECP), Tier 1 to purchase and install Marina Trash Skimmer (MTS) units. These MTS units will be purchased and installed in different locations within the waters of Huntington Harbour to remove floating and partially submerged trash and debris as well as hydro-carbons from the surface. The units will be purchased by the City and installed by the vendor. The MOU between the City and the grant partners will formally authorize the installation and establish maintenance responsibilities of the MTS units at the various locations for the next ten years. Financial Impact: The total projected costs for the City portion of the purchase, delivery, installation, and permit fees for the three MTS units is $24,372. Funds are included in the FY 16-17 CIP budget in the following accounts: General Fund account 10040314.82800 ($12,186) and Park Development Impact account 22845001.82100 ($12,186). Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute “Memorandum Of Understanding Between the City of Huntington Beach and County of Orange for the Installation and Maintenance of Marina Trash Skimmer(s) in Huntington Harbour;” and, B) Approve and authorize Sole Source Justification. Alternative Action(s): Do not authorize the MOU and/or Sole Source Justification and direct staff with an alternate action. Analysis: The OCTA Measure M2 ECP, Tier 1 grant funding program is designed to mitigate the more visible forms of pollution, such as litter and debris that collects on the roadways and in the catch basins prior to being deposited in waterways and the ocean. The program enables eligible jurisdictions to CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 7/17/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve Memorandum of Understanding (MOU) Between the City of Huntington Beach and Grant Partners County of Orange (OC Parks) for the Installation and Maintenance of Marina Trash Skimmer in Huntington Harbour and Approve Sole Source Justification. HB -118-Item 12. - 1 Dept. ID PW 17-039 Page 2 of 2 Meeting Date: 7/17/2017 purchase and install structural best management practices such as screens, filters, and other “street scale” low flow diversion devices to address these pollutants and mitigate the impact to local water bodies. In partnership with Westchester Bay HOA, Peter’s Landing Marina, Huntington Harbour Marina, and OC Parks the City applied for and was awarded grant funding in the amount of $73,118. This grant has a 25% match which is split with the County of Orange with each contributing 12.5%. The City portion of the grant (12.5%) is $12,186 and is being paid from the Park Development Impact account. The County of Orange will reimburse the City $12,186 which is their portion of the match for the grant which is why $12,186 is being requested from the General Fund Account. Marina Accessories is currently the only manufacturer of these types of units (Marina Trash Skimmers) which are designed to remove floating and partially submerged trash from open waters while attached to a floating dock. There are currently no similar types of devices in the market that are small enough to attach to an existing floating dock and remove trash/debris along with hydrocarbons with the efficiency and low operating costs of the MTS units. Once purchased, delivered and installed at the pre-designated locations, the MTS units are designed to draw in floating and partially submerged debris, such as plastics, bottles, paper, oil sheens, and organic materials. The installation of MTS units in the Harbor will enable the City to reduce the amount of trash and debris reaching the open ocean. The MTS devices once installed will require weekly and quarterly maintenance. The weekly maintenance will be conducted by the staff or approved contractor working on behalf of the grant partners. Weekly maintenance includes removing the accumulated trash and verifying that the units are operating properly. Quarterly maintenance which is more extensive and includes replacing filters and routine maintenance on the intake pump system will be conducted by an authorized vendor as contracted by Community Services Department. The MOUs for Peter’s Landing Marina and Huntington Harbour Marina were previously approved by City Council at the June 19, 2017 meeting. At that meeting, City Council also authorized to expend grant funds in the amount of $73,118. Due to the fact that the purchase and installation of the MTS units for this project exceeds $50,000, a Sole Source Justification (attachment 2) is required. The MOUs between the City and the grant partners establishes the responsibilities for the MTS units once purchased and installed for the next ten years. The MOU will require the partners to provide and pay for the electrical power to power the MTS units and conduct weekly routine maintenance. The City will conduct the quarterly maintenance and perform other maintenance such as replacing parts. Environmental Status: Not applicable. Strategic Plan Goal: Improve quality of life Attachment(s): 1. MOU between the City and County of Orange. 2. Sole Source Justification for Purchase of Marina Trash Skimmers. 3. County of Orange Certificate of Insurance HB -119-Item 12. - 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND COUNTY OF ORANGE FOR THE INSTALLATION AND MAINTENANCE OF MARINA TRASH SKIMMER(S) IN HUNTINGTON HARBOUR THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into on , 2017, by and between the CITY OF HUNTINGTON, a municipal corporation of the State of California (hereinafter referred to as "CITY"), and COUNTY OF ORANGE, a political subdivision of the State of California. WHEREAS, the CITY is committed to the protection of water quality of Huntington Harbour and enhancing the aesthetic and ecological quality and benefits of the waters, beaches, and marinas within Huntington Harbour which is a significant coastal resource providing the CITY's residents and visitors with economic and social benefits such as boating, swimming, and kayaking, and In addition to the social and economic benefits, the waters of Huntington Harbour are directly connected to the Bolsa Chica Wetlands which is one of the last undisturbed coastal wetlands in California providing important nesting and breeding grounds for migratory and native bird species, breeding and spawn habitat for fish, and a safe haven for many endangered and rare species, and The CITY has received a grant from the Orange County Transportation Authority 2016 Measure M2 Tier 1 funding to purchase and install Marina Trash Skimmers to remove floating and partially submerged trash and debris as well as hydrocarbons from the surface waters of Huntington Harbour, which requires 25% of the total project cost of not to exceed One Hundred Thousand Dollars ($100,000.00), and The COUNTY OF ORANGE agrees to split the 25% with the CITY, maintain the Marina Trash Skimmers weekly and provide the electricity to run the Marina Trash Skimmers, and The Marina Trash Skimmers will be installed in areas where trash and debris tend to accumulate to maximize the amount of trash and debris collected and removed from the waters within Huntington Harbour. The City has partnered with private and public partners, including the COUNTY OF ORANGE (hereinafter referred to as "PARTNER"), to identify appropriate locations to install the Marina Trash Skimmers, and All of PARTNER's obligations are to be carried out by OC Parks. 17-5705/160295/RLS 3/24117/DO 1 HB -120-Item 12. - 3 NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter contained and intended to be legally bound, the parties agree as follows: SECTION 1. TERM This MOU will become effective on the date it is approved by CITY COUNCIL and shall terminate ten (10) years thereafter, except with respect to any obligations hereunder which are to be performed thereafter. Upon mutual written consent of the parties, this Agreement may be extended for an additional five (5) year term. SECTION 2. OBLIGATIONS OF CITY The obligations of the CITY pursuant to this Agreement shall be as follows: 1. CITY shall purchase and install the Marina Trash Skimmer(s) at the pre- designated location(s) as agreed by the CITY and PARTNER in accordance with the manufacturer's specification. 2. CITY shall contract with the manufacturer for the delivery and installation of the Marina Trash Skimmer(s) and appurtenances. 3. CITY shall acquire the required permits and/or approvals for the activities including but not limited to installation, maintenance, repair of the Marina Trash Skimmer(s) and appurtenances. 4. CITY and/or the CITY's agent shall maintain the Marina Trash Skimmer(s) in a manner consistent with the manufacturer's Operation and Maintenance Manual Sections 6 and 7. CITY shall conduct all maintenance other than maintenance performed by PARTNER. 5. CITY and/or the CITY's agent shall repair or replace any parts of other auxiliary components required for the proper function of the Marina Trash Skimmer(s) throughout the duration of the MOU. SECTION 3. OBLIGATIONS OF PARTNER The obligations of the PARTNER pursuant to this Agreement shall be as follow: 1. PARTNER shall perform the removal of accumulated trash/debris captured by the Marina Trash Skimmer. This is to be conducted on a weekly basis in a manner 17-5705/160295/RLS 3/24/17/DO 2 HB -121-Item 12. - 4 consistent with the manufacturer's Operation and Maintenance Manual Sections 6 and 7. 2. PARTNER shall provide access to CITY personnel or agent to the CITY for maintenance purposes through its regular property permitting process. 3. PARTNER shall notify the CITY prior to disconnecting electrical power to the Marina Trash Skimmer(s) or conducting any actions that would restrict or impair the functionality or efficiency of the Marina Trash Skimmer(s). 4. PARTNER shall request prior approval from the CITY prior to relocating the Marina Trash Skimmers. 5. PARTNER shall provide electrical power to the Marina Trash Skimmer(s) and incur the financial obligations required to provide electrical power. 6. PARTNER shall provide access in a timely manner to CITY staff or contracted staff to perform inspections and maintenance of the Marina Trash Skimmer(s) as necessary. 7. PARTNER shall notify the CITY to report damages or loss of function of the Marina Trash Skimmer(s) within forty-eight (48) hours. 8. PARTNER shall provide $12,186.25 to the CITY as its matching contribution for the grant funding this project. SECTION 4. HOLD HARMLESS CITY agrees to indemnify, defend with counsel approved in writing by PARTNER, which approval shall not be unreasonably withheld, and hold PARTNER, its elected and appointed officials, officers, employees, agents and those special districts and agencies for which PARTNER's Board of Supervisors acts as the governing Board (PARTNER lNDEMNITEES) harmless from any claims, demands, including defense costs, or liability of any kind or nature, including, but not limited to, personal injury or property damage, arising from or related to the services, products or other performance provided by CITY pursuant to this Agreement, but only in proportion to and to the extent such claims, demands, including defense costs, or liability caused by or resulting from the negligent or intentional acts or omissions of CITY, its officers, employees, or agents. If judgment is entered against CITY and PARTNER by a court of competent jurisdiction because of the concurrent active negligence of PARTNER or PARTNER 17-5705/1602951RLS 3/24117/DO 3 HB -122-Item 12. - 5 INDEMNITEES, CITY and PARTNER agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. PARTNER agrees to indemnify, defend and hold CITY, its officers, employees, agents, directors, members, shareholders and/or affiliates harmless from any claims, demands, including defense costs, or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by PARTNER pursuant to this Agreement, but only in proportion to and to the extent such claims, demands, including defense costs, or liability caused by or resulting from the negligent or intentional acts or omissions of CITY, its officers, employees, or agents. If judgment is entered against PARTNER and CITY by a court of competent jurisdiction because of the concurrent active negligence of CITY, PARTNER and CITY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. Each party agrees to provide the indemnifying party with written notification of any claim related to services provided by either party pursuant to this Agreement within thirty (30) calendar days of notice thereof, and in the event the indemnifying party is subsequently named party to the litigation, each party shall cooperate with the indemnifying party. SECTION 5. WORKER'S COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, PARTNER acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for worker's compensation; PARTNER covenants that it will comply with such provisions prior to commencing performance of the work hereunder. PARTNER shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. PARTNER shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. PARTNER shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and PARTNER shall similarly require all subcontractors to waive subrogation. 17-5705/160295/RLS 3124117/DO 4 HB -123-Item 12. - 6 SECTION 6. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance and PARTNER's covenant to indemnify CITY and its agent, PARTNER shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify CITY, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable shall be deemed excess coverage and that PARTNER's insurance shall be primary. Under no circumstances shall the above-mentioned insurance contain a self-insured retention, or a "deductible", or any other similar form of limitation on the required coverage. SECTION 7, CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencement of this Agreement, PARTNER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; these certificates shall: (1) Provide the name and policy number of each carrier and policy; (2) State that the policy is currently in force; and (3) Promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of CITY; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. PARTNER shall maintain the foregoing insurance coverage in force during the entire term of the Agreement or any renewals or extensions thereof or during any holdover period. The requirement for carrying the foregoing insurance coverage shall not derogate from PARTNER's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand the original or 17-5705/1602951RLS 3/24117/DO 5 HB -124-Item 12. - 7 a copy of any or all of the policies of insurance. PARTNER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. SECTION 8. ASSIGNING AS BREACH PARTNER shall not encumber, assign, or otherwise transfer this MOU, or any right or interest in this MOU, without the express written consent of the CITY. Any encumbrance, assignment or transfer, without the prior written consent of the CITY, whether it is voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the CITY, terminate this MOU. SECTION 9. TERMS BINDING ON SUCCESSORS All the terms, covenants and conditions of this MOU shall inure to the benefit of and be binding upon the parties and their successors and assigns. The provisions of this Section shall not be deemed as a waiver of any of the conditions against assignment hereinbefore set forth. SECTION 10. CONFLICT OF INTEREST PARTNER shall employ no CITY official or any regular CITY employee in the work performed pursuant to this MOU. No officer or employee of CITY shall have any financial interest in this MOU in violation of the applicable provisions of the California Government Code. 17-5705/160295/RLS 3/24117/DO 6 HB -125-Item 12. - 8 SECTION 11. CUMULATIVE REMEDIES The remedies given to the parties in this MOU shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this MOU. SECTION 12. WAIVER OF BREACH The waiver by CITY of any breach by PARTNER of any of the provisions of this MOU, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent breach by PARTNER, either of the same or another provision of this MOU. SECTION 13. FORCE MAJEURE — UNAVOIDABLE DELAYS Should the performance of any act required by this MOU to be performed by either CITY or PARTNER be prevented or delayed by reason of an act of God, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. SECTION 14. NOTICE Any written notice, given under the terms of this MOU, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned, as follows: CITY City of Huntington Beach Attn: Jim Mend, Environmental Specialist Public Works Department 2000 Main Street, P. 0. Box 190 Huntington Beach, CA 92648 Phone: (714) 536-5431 Email: JMerid@surfcity-hb.org PARTNER Orange County Parks Attn: Stacy Blackwood, Director of O.C. Parks Street Address: 13042 Old Myford Road Irvine, CA 92602 Phone (714) 973-6868 Email: Stacy.Blackwood@ocparks.com 17-5705/160295/RLS 3/24/17/DO 7 HB -126-Item 12. - 9 SECTION 15. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this MOU or to secure the performance hereof, each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. SECTION 16. CONTROLLING LAW AND VENUE The rights and liabilities of the parties, and the interpretation and construction of this MOU, shall be determined in accordance with the laws of the State of California. Any controversy arising out of or under this MOU, if litigated, shall be adjudicated in a court of competent jurisdiction in Orange County, California. SECTION 17. SECTION TITLES The section titles in this MOU are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of intent of this MOU or in any way affect this MOU. SECTION 18. TIME OF ESSENCE Time is of the essence with respect to all provisions of this MOU in which a definite time for performance is specified including, but not limited to, the expiration of this MOU. SECTION 19. SURVIVAL OF INDEMNITIES Termination of this MOU shall not affect the right of CITY to enforce any and all indemnities given or made by PARTNER under this MOU, nor shall it affect any provision of this MOU that expressly states that the provision shall survive termination thereof. SECTION 20. NONLIABILITY OF CITY OFFICIAL, EMPLOYEES OR AGENTS No elective or appointed CITY or CITY affiliated board, commission or member thereof, or officer, employee or agent of CITY shall be personally liable to PARTNER, its successors and assigns, of any default or breach by CITY under this MOU or for any amount which may 17-57051160295/RLS 3124/17/DO 8 HB -127-Item 12. - 10 become due to PARTNER, its successors and assigns, under this MOU or for any obligation of CITY under this MOU. SECTION 21. TERMINATION This MOU may be terminated by either party with or without cause upon sixty (60) days notice in writing. Removal of the Marina Trash Skimmer(s) to occur within one hundred twenty (120) days of notice of termination. CITY shall be solely responsible for the removal of the Marina Trash Skimmer(s). SECTION 22. MODIFICATIONS IN WRITING This MOU contains and embraces the entire agreement between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by any other agreement between the parties unless such agreement be expressed in writing, signed and acknowledged by CITY and PARTNER, or their successors in interest. SECTION 23. PARTIAL INVALIDITY Should any provision of this MOU be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this MOU shall remain in full force and their effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. SECTION 24. NO TITLE INTEREST No title interest of any kind is hereby given and PARTNER shall never assert any claim or title to the Marina Trash Skimmer(s) or any other public property. SECTION 25. ENTIRETY The foregoing sets for the entire agreement between the parties. 17-5705/1602951RLS 3/24/17/DO 9 HB -128-Item 12. - 11 City Attorney 9 \03 ilki IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by and through their authorized officers the day, month and year first above written. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk INITIATED AND APPROVED: REVIEWED AND APPROVED: City Manager 17-5705/1602951RLS 3124117/DO 10 HB -129-Item 12. - 12 COUNTY OF ORANGE, a political subdivision of the State of California Date: Date: Date: APPROVED AS TO FORM Office of the County Counsel Orange County, California By: Deputy By Chair of the Board of Supervisors County of Orange, California Signed and certified that a copy of this document has been delivered to the Chair of the Board per G.C. Sec 25103, Reso 79-1535 Attest: Robin Stieler Clerk of the Board of Supervisors County of Orange, California 17-5705/1602951RLS 3/24/17/DO 11 HB -130-Item 12. - 13 RECEIVED JUN 01 2017 CITY OF HUNTINGTON BEACH Finance Department 1Soie 2Source Justification (For use on all goods and services acquisitions.) This justification document consists of two (2) pages. All information must be provided and all questions must be answered. The "Required Approvals" section must include a date for each signature, as appropriate for the transaction. Requesting Department Information Date: May 15, 2017 Requestor Name: Jim Mend Division Manager: Tom Herbel (Type names. Do not sign.) Department: Public Works Department Head: Travis K. Hopkins (Type names. Do not sign. Must be same as signature below.) Department Contact Information Contact Name: Jim Mend Street Address: 2000 Main Street, Huntington Beach, CA 92648 Telephone: 714-374-1548 Fax: Shipping Address: 2000 Main Street, Huntington Beach, CA 92648 Cellular phone: 714-337-1981 Required Contact Information Contractor/Supplier Name: Marina Accessories Contractor/Supplier Address: P.O. Box 8 Contractor/Supplier City/State/Zip: Bellingham, WA 98227 Original Contract Amount:* $84,536.54 (*Includes original contract and previously approved amendments) Amendment Amount:* (if applicable) $ (*Current amendment only) New Contract Amount:* $ (*Includes original contract and all amendments, including current amendment) Provide a brief description of the acquisition, including all goods and/or services the contractor will provide: Marina Trash Skimmers designed to remove floating/partially submerged trash in Huntington Harbour. Contract Type and Term Contract Type: Select One: Goods Service i1 Goods & Services Contract Term: Begin: 6/20/2017 End: 6/19/2027 What account number will be used to purchase? Business Unit: 87390009 Object Code: 82800 Required Approvals Department Head F_Approved 0 D nied Fiscal Se es M nager airiA pp r • vor rA Denied / Chief. nancial Officer V -"proved Ai • Denied IA 1 .7 A4.1 , - s .nt City Manager • Denied b dh • 7'2' Signature 61Z- e-72-40 (-7 Signature 5 - '", 0 .-7-0 I / ilir a 'ur e 6/0-311/ i ' Siabature , - Z7e" /7 Date Date ' D te Date (Transactions exceeding $50,000 must be approved by City Council) HB -131-Item 12. - 14 CITY OF HUNTINGTON BEACH Sole Source Justification (For use on all goods and services acquisitions.) Complete responses must be provided for all of the following items. A. THE GOOD/SERVICE REQUESTED IS RESTRICTED TO ONE SUPPLIER FOR THE REASONS STATED BELOW: 1, Why is the acquisition restricted to this goods/services/supplier? (Explain why the acquisition cannot be competitively bid.) Marina Accessories is currently the only manufacturer of these types of units (Marina Trash Skimmers) which are designed to remove floating and partially submerged trash from open waters while attached to a floating dock. There are currently no similar types of products in the market that are small enough to attach to an existing floating dock and remove trash/debris along with hydrocarbons with the efficiency and low operating costs of the MTS units. 2. Provide the background of events leading to this acquisition. The acquistion of these units is based on a grant throught the Orange County Transportation Authority (OCTA) Measure M2 Environmental Clean-up Program Tier 1 grant program. The City and 5 private and public grant partners were awarded the grant in September of 2016 to purchase seven MTS units to be delivered and installed at 7 different locations within Huntington Harbour. These units will be located in areas that tend to accumulate floating and partially submerged trash/debris and will enchance the aesthetic and ecological benefits of the waters in Huntington Harbour by removing the accumulated trash/debris and recirculating the stagnant water. 3. Describe the uniqueness of the acquisition (why was the good/service/supplier chosen?). The City was approached by the management of Peters Landing Marina in 2015 in regards to applying for and receiving grant funding from OCTA to install two units at their marina to address the continual accumulation of trash/debris in hard to access areas of the marina. The City of Newport Beach and the County of Orange had purchased and deployed MTS units in Newport Harbor and in Dana Point Harbor and had found the MIS units to be a highly efficient and low cost means of removing trash/debris along with hydrocarbons from the water. 4. What are the consequences of not purchasing the goods/services or contracting with the proposed supplier? The City would have to decline grant funds awarded in the amount of $73,118. 5. What market research was conducted to substantiate no competition, including evaluation of other items considered? (Provide a narrative of your efforts to identify other similar or appropriate goods/services, including a summary of how the department concluded that such alternatives are either inappropriate or unavailable. The names and addresses of suppliers contacted and the reasons for not considering them must be included OR an explanation of why the survey or effort to identify other goods/services was not performed.) Research online was conducted by department staff and no other similar product was found. 2 HB -132-Item 12. - 15 B. PRICE ANALYSIS 1. How was the price offered determined to be fair and reasonable? (Explain what the basis was for comparison and include cost analyses as applicable.) The price was determined to be reasonable and fair based on the material costs associated with the assembly and delivery of MTS units. 2. Describe any cost savings realized or costs avoided by acquiring the goods/services from this supplier. N/A Remit completed form to: City of Huntington Beach — Purchasing Division 2000 Main Street, Huntington Beach, CA 92648-2702 3 HB -133-Item 12. - 16 Torn Tait Director Accepted and Ag Kia Mortazavi Executive Director, Planning Orange County Transportation Authority Frank Ury Director Gregory 7 Winterboltom Director Ryan Chamberlain Ex-Officio Member CHIEF EXECUTIVE OFFICE Virginia Abacfn—s-a Director, Contracts Administration and Materials Management Darrell Johnson Chief Executive Officer OCTA October 21, 2016 BOARD OF DIRECTORS Lori Don chak Mr. Travis Hopkins Chair Director of Public Works • Michael Hennessey City of Huntington Beach Vice Chair 2000 Main Street Lisa A. Bartlett . Huntington Beach, CA 92648 Director Andrew Do Subject: Agreement No. C-1-2765, City of Huntington Beach, "M2 CTFP Master Director Funding Agreement" — Letter Agreement No. 9 Steve Jones Director Dear Mr. Hopkins: This Letter Agreement serves as the Orange County Transportation Authority's (OCTA) approval to amend Agreement No. C-1-2765, Attachment A-8 "Projects List". OCTA is deleting Attachment A-8, in its entirety, as identified in Article 4 "Responsibilities of Agency", paragraph A, and in lieu thereof is inserting the revised "Project List", attached hereto as Attachment A-9, which is incorporated and made a part of the Agreement. All provisions set forth in Master Funding Agreement No. C-1-2765 apply. If you have any questions, please feel free to contact Alison Army at (714) 560-5537. Please execute this Letter Agreement and return the signed original to the attention of: Debra Nash, Intern Contracts Administration and Materials Management Department 600 South Main Street, 4th Floor Orange, CA 92863-1584 Phone: (714) 560-5687, Email: dnash@octa.net. Upon full execution of the Letter Agreement, the effective date will be September 12, 2016. Jim Kalapodis Director Jeffrey Calloway Director Gary A. Miller Director Al Murray Director Shawn Nelson Director Miguel Pulido Director Tim Shaw Director Todd Spitzer Director Michelle Steel Director Travis Hopkins Director of of Public Works City of Huntington Beach Orange County Transportation Authority Orange County Transportation Authority 550 South Main Street / P.O. Box 14184 / Orange /California 92863-15641 (714) 560-OCTA (6282) Date F\J Afn HB -134-Item 12. - 17 XGREEMENT NO. C-1-2765 ATTACHMENT A-9 LETTER AGREEMENT NO. 9 M2 CTFP MASTER FUNDING AGREEMENT City of Huntington Beach - Project List Project Description CTFP Amount Programmed Fiscal Year Board Date Letter Agreement No. Project 0 "Regional Capacity Program" . _ Beach Boulevard (State Route 39) and Warner Avenue Widening (Engineering) $ 105,225 2011-12 6127/2011 _ Brookhurst Street/Adams Avenue Widening (Enoineerina) $ 274.608 2012-13 6/2712011 Beach Boulevard (State Route 39) 4th Northbound Thru Lane (Engineering) $ 130,676 2012-13 4/23/2012 2 Beach Boulevard (State Route 39) 4th Northbound Thru Lane (Construction) $ 136,331 2013-14 4/2312012 2 Atlanta Avenue Widening $ 1,200,000 2016-16 4/13/2016 8 Cumulative Program Total $ 1,846,639 Project X "Environmental Clean Up" _ McFadden/Edwards and Heil/Algonquin Catch Basin Project $ 33,000 2011-12 8/8/2011 1 First Street Supervisory Control and Data Acquisition Project $ 63,000 2012-13 8/13/2012 3 Northwest Catch Basin Retrofit Project - Phase I $ 199,588 2013-14 9/23/2013 5 Adams Ave. and Bushard St. Bioswale Project $ 635,955 2014-15 4/14/2014 6 Huntington Beach Catch Basin Retrofit Project $ 193,827 2014-15 9/2212014 7 Huntington Harbour Marina Trash Skimmers (MTS) Trash Removal Project 73,118 2016-17 9/12/2016 9 Cumulative Program Total $ 1,198,488 _ Project P "Regional Traffic Signal Synchronization Program" Cumulative Program Total $ - Total (All Projects) 3,045,127 Page 1 of 1 HB -135-Item 12. - 18 City of Huntington Beach 2000 Main Street PO Box 190 CA 92648 Travis K. Hopkins, P Department of Public Works Director (714) 536-5431 April 15, 2016 Dan Phu Orange County Transportation Authority 600 South Main Street Orange, CA 92863-1584 Dear Mr, Phu: Subject: Application for M2 Environmental Cleanup Program, Tier 1 Grant Program for the Huntington Harbour Marina Trash Skimmers Trash Removal Project Please find enclosed the application from the City of Huntington Beach for funding consideration for the City of Huntington Beach — Huntington Harbour Marina Trash Skimmers Trash Removal Project through the M2 Environmental Cleanup Program, Tier I Grant Program. Included with this cover letter are the following: 1) Original and two copies of the completed application including: a. City of Huntington Beach's Organization Charts for the Department of Public Works b. Resumes c. Location Maps d. 303(d) Maps e. Equipment Design and Specifications 2) CD for the completed application The City appreciates OCTA's consideration of our grant application submittal and look forward to hearing from you. If you have any questions, please contact Jim Mend at 714-536-5431 or MieridPsurfcity-hh.org . Sincerely, Tom Herbel, PE City Engineer HB -136-Item 12. - 19 ril ORANGE COUNTY TRANSPORTATION AUTHORITY M2 ENVIRONMENTAL CLEANUP PROGRAM OCTA TIER 1 FUNDING APPLICATION SECTION ONE: GENERAL PROJECT INFORMATION Project Title Huntington Harbour Marina Trash Skimmers (MTS) Trash Removal Project Lead Agency Information Local Agency City of Huntington Beach Project Manager Jim Mend Address 2000 Main Street, Huntington Beach, CA 92 Phone (714) 374-1548 Funding Request Summary Total ECP Funds Requested Total Local Match Total Eligible Project Cost $ 73,117.50 $ 24,372.50 $ NaN Email jmerid@surfcity-hb.org El Project is part of a larger construction effort Joint Applicant Information Local Agency Local Agency Project Manager Project Manager Address Address Phone Phone Email Email Local Agency Local Agency Project Manager Project Manager Address Address Phone Phone Email Email Schedule Information City Council Appoval Design and Permitting (if applicable) Award of Contract Construction/Installation Start Date April 4, 2016 Not Applicable January 23,2017 February 27, 2017 Completion Date April 4, 2016 January 23, 2017 April 28, 2017 Application Checklist Environmental Documentation (as applicable) Detailed Project Estimate Location Maps Project Site Photos Detailed Project Schedule Design/Concept Drawings Joint Applicant Support Documentation City Council Resolution City Staff Organization Chart Page 1 of 7 HB -137-Item 12. - 20 IM M2 ENVIRONMENTAL CLEANUP PROGRAM - TIER 1 FUNDING APPLICATION -OCTA SECTION ONE: GENERAL PROJECT INFORMATION (CONTINUED) Project Description Describe the project location and the Tier 1 type improvements proposed. If the project is included in an existing Integrated Water Management Plan, please provide details on why it was included.* The Huntington Harbour Marina Trash Skimmers Trash Removal project is located in Huntington Harbour in the City of Huntington Beach. Huntington Harbour is a community of approximately 3,500 people located in the north side of Huntington Beach in Orange County, California. Huntington Harbour is a residential development of 680 acres consisting of five manmade islands with waterways varying from 15 to 20 feet (4.6 to 6.1 meters) in depth used for boating and other recreational uses. The five manmade islands in Huntington Harbour include: Admiralty, Davenport, Gilbert, Humboldt, and Trinidad. Huntington Harbour is the terminal point for storm water and urban runoff from various jurisdiction and sub-watersheds and is prone to the discharge of pollutants that are conveyed by the storm water and urban runoff discharging into its waters. The pollutants include oil/grease, trash, styrofoam, vegetation, and other floating or partially submerged pollutants. The Marina Trash Skimmers (MTS) units which are about 6 feet wide by 4 feet deep and similar in dimensions to typical 3 yard refuse bins, are designed to attach to docks and float in the water. An electric motor is used to power the unit which can intake about 300 gallons per minute. The water is passed through a filter which removes sediment, trash, oil and grease, and dead marine vegetation. The MTS units are capable of removing these pollutants whether floating and/or partially submerged which is unique to the MTS. Other similar water skimmers only address floating pollutants. The City of Huntington Beach has identified several locations within Huntington Harbour where these pollutants tend to aggregate and which would be the ideal location for the placement of MTS units. These locations are usually located in slow moving pockets that are often in private marinas or adjacent to private docks. The City has partnered with some of these private marinas and Home Owners Associations to install MTS units on private docks to address and remove the aforementioned pollutants and include the following private marinas and Home Owners Associations (HOAs): 1. Peter's Landing Marina 2. Huntington Harbour Marina 3. Seagate Colony HOA 4. Tennis Estates HOA 5. Orange County's Sheriffs Station The City has developed a partnership with these private entities to install the MTS units in locations where there is very little tidal currents and where pollutants tend to accumulate. The City has received written agreements from these project partners whereby the City would purchase and install these units and the private marinas and HOAs will be responsible for the routine daily/weekly maintenance and electrical costs associated with operating the MTS units. In addition to purchasing and installing the MTS units, the City would be responsible for the monthly/quarterly maintenance of the units and any other non-routine maintenance operations as needed. Use additional pages as needed. Page 2 of 7 HB -138-Item 12. - 21 Pra M2 ENVIRONMENTAL CLEANUP PROGRAM - '11ER 1 FUNDING APPLICATION SECTION TWO: DETAILED PROJECT INFORMATION AND SCORING 1. Describe the need for the selected BMP(s), including nexus to transportation pollutants, and detail the benefits to water quality the BMP(s) will achieve. (up to 15 Points) The City's municipal separate storm sewer system (MS4) includes storm drains, open channels, v-ditches and over 1,800 catch basins. With a population of over 200,000 and an estimated 11 million visitors annually, controlling dry-weather and storm water pollution is a significant issue for the City of Huntington Beach in order to keep our local waterbodies free of pollutants. Of particular concern, is the discharge of pollutants to Huntington Harbour from the City's MS4 and other storm water conveyance systems upstream of Huntington Harbour which lie outside of the City's jurisdictional boundaries. Huntington Harbour is an environmentally sensitive waterbody due to the connectivity to the Bolsa Chica Wetlands and pollutants including trash and debris are transported from as far upstream as Anaheim to waters of Huntington Harbour and into the Bolsa Chica Wetlands. The Huntington Beach Marina Trash Skimmer Project proposes installing MTS units at various locations within Huntington Harbour to remove floating hydrocarbons and trash/debris from the water before the pollutants are transported into Bolsa Chica Wetands. Sources of pollution for this area include Pacific Coast Highway, surface streets, residential, industrial, and commercial areas within the City of Huntington Beach and from upstream MS4s including the cities of Anaheim, Buena Park, Cypress, Fountain Valley, Garden Grove, Los Alamitos, Orange, Santa Ana, Seal Beach, Stanton,Westminster, and Orange County. This project will remove oil, grease, sediment and trash and debris (styrofoam, fast food containers, plastic, cigarette butts, etc.) discharged into Huntington Harbour which is listed as an impaired waterbody on the Clean Water Act 303d list. The marina trash skimmers are similar in size to a three yard refuse bin (6 foot wide and 4 foot high) it will separate and trap the above listed pollutants including the capture and removal of 100% of floating pollutants. The marina trash skimmers would be located in areas that tend to have a high rate of accumulation of both floating and submersed trash and debris. These prospective locations are typically not accessible via conventional methods (i.e., small boat, outboard dingy) and therefore very difficult to clean on a routine basis. These areas also have minimal circulation of water which can lead to odors and build-up of unsightly algae. The marina trash skimmers would remove both floating and submersed trash and debris in these "pockets" as well as circulate the water to prevent the odors related to the decomposition of organic matter and limit the algae blooms. The MTS units will be located in private marinas and private docks owned and maintained by private Home Owners Associations (HOA), private marinas, and Orange County Parks. The City has agreement letters from the owners of the private marinas and the Boards of the HOAs to install the units on their property (please see attached site map indicating locations) and to provide routine weekly maintenance of the units which consists of removing the accumulated trash/debris. In addition to the routine weekly maintenance, the private marinas and HOAs will pay for the electricity required to power the motor in the MIS units. The equipment design and specifications are included in Attachment E. Page 3 of 7 HB -139-Item 12. - 22 FA M2 ENVIRONMENTAL CLEANUP PROGRAM - TIER 1 FUNDING APPLICATION OCTA SECTION TWO: DETAILED PROJECT INFORMATION AND SCORING (CONTINUED) 2. List each receiving waterway associated with this project. If the receiving waterway is on the 303(d) list of impaired waters, identify the pollutant(s) for which it is listed. (2 points per waterway; 3 points if waterway is 303(d) listed, up to 12 points) The project is located in Huntington Harbour which is listed as a 303(d) (2012 List) impaired waterbody for lead, nickel, PCBs, pathogens, copper, sediment toxicity, chlordane, and is the terminal point for several storm water and urban runoff conveyance structures located within and outside the jurisdictional boundary of the City of Huntington Beach. Huntington Harbour is within the Anaheim Bay-Huntington Harbour Watershed which has a drainage area of 813 square miles in the southwest corner of Orange County and of which 16.2 square miles are in Huntington Beach and is the discharge point for the East Garden Grove Wintersburg Channel, Bolsa Chica Channel, Anaheim-Barber City Channel, Westminster Channel, and Sunset Channel. Storm water and urban runoff discharged into Huntington Harbour from these storm drain conveyance structures have the potential to flow into the adjacent Bolsa Chica Wetlands. Although the specific point sources of the pollutants that Huntington Harbour is listed as impaired for are yet to be determined, the MIS units are designed to remove the sediment, oil and grease, and trash/debris in the Bolsa Chica Wetlands which could be a contributing factor to the degradation of the waters within the Harbour. These wetlands which are an environmentally significant resource for Orange County and provide a rest stop for migratory birds, including rare and endangered species and spawning habitat for marine invertebrates and wildlife. Thus the removal of trash/debris, oil and grease, and other pollutants that would affect the viability and ecosystem of the Balsa Chica Wetlands is a high priority for the City of Huntington Beach. 3. List the pollutant(s) that would be addressed by the proposed project and the source(s) generating those pollutants. (2 points per pollutant and source; 3 points if the pollutant is on the 303(d) list for any receiving waterways identified in Question 2, up to 16 points) The pollutants targeted by the Marina Trash Skimmers are designed to remove oil, grease, sediment, floating and/or partially submerged trash/debris, and dead marine vegetation. With the exception of the marine vegetation, the source of the targeted pollutants the MTS units would address originate from individuals littering from their vehicles, negligent pedestrians, businesses failing to maintain trash and debris around their facility, improper yard waste disposal, and vehicle deposition from as far upstream as the city of Anaheim. The litter consists of cigarette butts, plastics, styrofoam products, paper products, and green wastes all of which are carried by wind or urban runoff from City streets into catch basins and into the storm water channels that discharge into Huntington Harbour. In addition to the upstream sources of pollutants, some of the pollutants including oil and grease are discharged into the Harbour by boaters and other recreational users of the various beaches and private/public marinas and boat docks within the Harbour. Page 4 of 7 HB -140-Item 12. - 23 ra M2 ENVIRONMENTAL CLEANUP PROGRAM - TIER 1 FUNDING APPLICATION CIICTA SECTION TWO: DETAILED PROJECT INFORMATION AND SCORING (CONTINUED) 4. How effectively will the proposed project deal with the more visible forms of pollutants, such as a litter and debris? (up to 10 points) Due to the general construction of marinas and prevailing winds there is usually an area within each marina where floating trash and debris naturally collects. These areas also tend to experience low flushing rates and, in addition to trash, often accumulate other floating organic material (e.g. scum) that may further degrade water quality. Marina employees often spend many hours a week with the laborious task of scooping trash out of the water with a swimming pool net or similar device. The installation of marine trash skimming devices such as the MTS is one way in which to intercept and remove trash and debris once it has made its way into Huntington Harbour. The MTS units are specifically designed to alleviate pollutant loading of trash and debris in marine environments by filtering the water through a filter at a rate of 300 gallons per minute. Most noticeably will be the removal of floating eyesores such as trash, plastics, and organic material. Additionally, smaller plastics which are harder to see and remove are also trapped within the unit. Oil sheen commonly seen in pockets with poor circulation will be removed by oil absorbent pads located within the MTS units. In addition to the removal of floating trash, dredging costs will be reduced as partially submerged debris that usually comes to a rest on the ocean floor is instead removed. Marina maintenance costs may be reduced as, instead of marina staff chasing around floating trash in boats, the MTS works 24 hours a day,7 days a week to collect debris in one place for quick, easy removal. Additional benefits include water that is re-oxygenated as it is cycled through the MTS and back into the surrounding waters, increase sea life in the area and reducing "dead zones" common in marinas. 5. What other BMP types were considered for this project? Why was the proposed BMP chosen? (5 points) Other similar devices on the market were considered but deemed not as effective as the MTS. The other devices currently on the market only address floating trash and debris and do not have the ability to remove partially submerged trash/debris nor the capability to remove oil and grease. The MTS also has the largest storage capacity to collect trash/debris (over 100 gallons) before requiring maintenance. Another factor that was taken into consideration in deciding to pursue the MIS was the long expected lifespan of the product which at 10-12 years is up to 3 times the expected lifespan of other similar products currently on the market. Ease of maintenance and the ability to acquire replacement parts off the shelf was another factor that made the MTS a better choice when compared to other devices on the market which had a limited source of replacement parts. Page 5 of 9 HB -141-Item 12. - 24 Prn M2 ENVIRONMENTAL CLEANUP PROGRAM - TIER 1 FUNDING APPLICATION OCTA SECTION TWO: DETAILED PROJECT INFORMATION AND SCORING (CONTINUED) 6. Provide information on proposed BMP perfomance efficiency and/or effectiveness, including pollutant capture, storage capacity, flow capacity, etc. (up to 6 points) The MIS will cycle upwards of 300 gallons per minute of water in optimal conditions (holding tank empty, motor working correctly,etc). The top 1/4" layer of water is pulled into the main tank and can trap up 100+ gallons of floating trash and debris. With the addition of an oil absorbent pad, oil sheen can also be captured for proper disposal. A current estimate on the expected amount of trash and debris to be removed is hard to quantify; however, cleaning records will be kept and City staff will be able to quantify (over time) the reduction of trash and debris collected from the MIS units within Huntington Harbour. 7. Project Readiness: The project schedule will be reviewed by the evaluation committee to determine when the proposed BMP will be operational following OCTA Board of Director's approval. Points will be assigned as follows: <4 Months (6 points) 4 - 8 months (4 points) 8- 12 months (2 points) >12 months (1 point) Page 6 of 9 HB -142-Item 12. - 25 ng M2 ENVIRONMENTAL CLEANUP PROGRAM - TIER 1 FUNDING APPLICATION OCTA SECTION TWO: DETAILED PROJECT INFORMATION AND SCORING (CONTINUED) 8. Will the project provide any secondary benefits beyond water quality improvement (i.e., water-use efficiency, public awareness, flood control, recreation, habitat, sustainability)? (up to 5 points) The MTS works quietly 24 hours a day to contain unsightly floating debris, plastic and organic matter, but also aids in improving water quality throughout the harbour by providing a continuous mixing of the normally low flowing water. An absorbent bilge pad will also be installed to absorb oil sheen waste further improving marina water quality. The removal of the targeted pollutants will prevent these pollutants from affecting the inter-connected Bolsa Chica Wetlands which is an environmentally significant resource for Orange County and provide a rest stop for migratory birds, including rare and endangered species and spawning habitat for marine invertebrates and wildlife. 9. What is the methodology for measuring pollutant reduction before and after the BMP is implemented? How frequently will monitoring and performance assessment occur? (up to 10 points) To assess the effectiveness of the MIS units in the removal of targeted pollutants (oil and grease, floating/partially submerged trash/debris) staff will document the condition of the locations where the MTS units will be installed prior to installation. These areas tend to experience low flushing rates and, in addition to trash, often accumulate other floating organic material and oily sheens that degrade water quality of the Harbour. This requires marina employees to spend many hours a week with the laborious task of scooping trash out of the water with a swimming pool net or similar device. Once the project is approved and the MTS units installed, staff shall document the condition of these areas and the surround areas to assess the effectiveness in the remove of the targeted pollutants. In addition to the photo documentation of the pollutants pre-installation and post-installation of the MIS units, staff will compare the trash/debris collected by the City's contractor in the main channels. The evaluation will compare the amount of trash/debris collected by the contract service provider prior to the installation of the MTS units and the amount of trash and debris collected after the installation of the MTS units during a calendar year (to account for seasonal variations).Total volume of debris removed will be tracked and included in the City's annual MS4 Permit Performance Effectiveness Assessment report which is submitted to the Santa Regional Water Quality Control Board in November of each year. Page 7 of 9 HB -143-Item 12. - 26 FR M2 ENVIRONMENTAL CLEANUP PROGRAM - TIER 1 FUNDING APPLICATION OCTA SECTION TWO: DETAILED PROJECT INFORMATION AND SCORING (CONTINUED) 10. Provide an operations and maintenance plan for the lifespan of the proposed project. Include schedule of inspections, cleaning, removal and disposal of pollutants, repairs, etc. (up to 15 points) The MTS is a stationary unit which attaches to a dock or fixed location and uses a motor to cycle surface water into its main storage tank, trapping any collected debris inside while circulating the skimmed water back into the harbour. The roto-molded tank and parts have a 10 year warranty. The Water Circulation Unit (Kasco Motor) has a 2 year warranty. The control panel (Keco Products) has a 3 year warranty. The City has received written agreements from the private marinas and HOAs that require their staff to routinely inspect and maintain the unit (s). At a minimum, the unit(s) will be inspected (and cleaned, if needed) on a weekly basis. As part of the written agreements, the City will provide quarterly cleaning and servicing of the units which includes cleaning/servicing the filters, adjusting the internal motor, inspection of the control panel, and replacing/servicing of other parts as needed. The pollutants will be collected and disposed of during the weekly maintenance services as conducted by the private marinas and HOAs in refuse bins. It is not anticipated that the pollutants collected from the MTS units during the weekly routine maintenance will require any special handling or disposal as the majority of the collected waste will be common items such as plastic shopping bags, cigarette butts, wood debris, dead vegetation, and other miscellaneous items. During the monthly and quarterly service provided by the City's contract service provider, the oil absorbent pad will be replaced and disposed of properly. 11. BONUS: How many different Tier 1 type BMPs are currently installed within the local agency's jurisdiction, excluding BMP's funded by previous ECP grants. (1 point per BMP type, up to 5 points) The City currently has the following BMPs installed in the City: Automatic Retractable Catch Basin Screens, CDS units (hydrodynamic separators), Stormceptors, Contech units, BioClean Round Curb Inlet Filters, and a modular wetland system. 12. BONUS: Are local matching funds in excess of the 25% nninumum being proposed? If yes, at what percentage? (.5 point for each 5% cash overmatch, up to 5 points) Note: overmatch bonus points can only be granted to projects whose match is entirely cash, no in-kind services. The City of Huntington Beach anticipates providing a total of $24,372.50 in matching funds. This includes a commitment of up to $12,186.25 from the Orange County Parks Department. This commitment is approximately 12.5% of the anticipated cost of the proposed project of $97,490. Page 8 of 9 HB -144-Item 12. - 27 Fa M2 ENVIRONMENTAL CLEANUP PROGRAM - TIER 1 FUNDING APPLICATION OCTA SECTION THREE: FUNDING Project Budget Summary Funding Request/Match Summary * A detailed estimate must be included with the application Total capital costs Total services costs Project administration Total eligible project costs* $ 84,536.54 $ 7,000.00 $ 5,950.00 $ NaN Total ECP Funds Requested Local Match (CASH) Local Match (In-kind) Total Local Match Local Match % Total project $ 73,117.50 $ 24,372.50 $ 24,372.50 %25 $ NaN Match Sources In-Kind Services: If in-kind services are being pledged as match, please provide details on how in-kind services are calculated. Include the anticipated amount of in-kind services per year. Not Applicable. Other Grants: Non-M2 competitive grants may be used as match. Any grants used as match must be dedicated to the project for match credit to be received. Please list the name and amount of the grants being proposed as match. Not Applicable. Page 9 of 9 HB -145-Item 12. - 28 570063184751 Certificate No ,..-- ...4 nC`GP Ft iff CERTIFICATE OF LIABILITY INSURANCE lba.------ DATE(MMFDD/YYYY) 07/27/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lithe certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Insurance Services west, Inc. LOS Angeles CA office 707 wi I shi re soul evard Suite 2600 Los Angeles CA 90017-0460 USA CONTACT NAME: PHONE (HO 283-7122 FAX (800) 363 -0105 /A/C. No. Er!): INC. No.). E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC P INSURED County of Orange CEO/Office of Risk Management 600 W. Santa Ana alvd, suite 104 Santa Ana CA 92701 USA INSURERA: Safety National Casualty corp 15105 INSURERS; INSURER C: INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570063184751 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR, TYPE OF INSURANCE ADM INSO SUER WVD POLICY NUMBER POLICY EFF „MM/IDDPNYYLIMM/CONYYYt POUCY EXP LIMITS COMMERCIAL GENERAL LIABILITY OCCUR EACH OCCURRENCE CIAIMS-MAOE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person] PERSONALS ADS INJURY GEN'L AGGREGATE LIMIT APPLIES PER: POLICY MI PRO- LOC = JECT OTHER: GENERAL AGGREGATE PRODUCTS - COMP/OP AGG .------) AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY l--. — _ SCHEDULED AUTOS NON-OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Pen person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per amber)* UMBRELLA LIAO EXCESS LIA8 _ OCCUR CLAIMS-MADE EACH OCCURRENCE AGGREGATE TED RETENTION A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR f PARTNER / EXECUTIVE [ ., . OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N IA 5p4055550 SIR applies per pol i cy terms 08/01/2016 & condil 08/01/2018 ions x PER STATUTE 0TH- ER EL. EACH ACCIDENT 51,000,000 E.L. DISEASE-EA EMPLOYEE 11,040,000 E.L. DISEASE-POLICY LIMIT 51,000,000 DESCRIPTION OF OPERATIONS 1LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXcess workers Comp. SIR = S20,000,000 APPROVE Subject to policy terms, conditions, limitations and exclusions. _D AS .- ...0...—al , CHAEL E. GAT CITY ATTORNEY ' OF HUNITNr.-rnnt lagnr,. CERTIFICATE HOLDER HOLDER CANCELLATION County of Orange 600 W. Santa Ana Blvd., Santa Ana, CA 92702 USA Suite 6104 SHOULD ANY OF THE ABIOPE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THERE° . NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE idt) it--OCC•L^ S . fa4"--- Holder Identifier : Ci1988-2015 ACORD CORPORATION, All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD HB -146-Item 12. - 29 Dept. ID ED 17-17 Page 1 of 2 Meeting Date: 7/17/2017 Statement of Issue: The City Council is asked to approve a Sales Tax Sharing Agreement with Surf City Auto Group II, Inc. (Pete Shaver), for the development and opening of a stand-alone Jeep Dealership at 16701 Beach Boulevard. The Agreement will incentivize Surf City Auto Group II, Inc., to construct the car dealership, parking structure, and other site improvements. The Agreement establishes that the sales tax portion after the current base in gross car sales from Surf City Auto Group II, Inc. is retained fully by the City. After the base is exceeded, the sales tax is split 50% to the City and 50% to Surf City Auto Group II, Inc. ("Surf City"). The base sales tax will increase 1% annually. Financial Impact: The proposed agreement is revenue positive for the City. The new stand-alone Jeep dealership is estimated to generate an additional $139 million in annual sales. The base sales tax received from the new Jeep Dealership will 100% remain with the City. The base sales tax was derived by the current Jeep sales at the combined dealership in 2016. Once the new dealership is completed and operating, the base amount will increase 1% annually. The City will see an annual increase after the base of sales tax generated. Based upon this estimate, Surf City Auto Group II and the City are projected to share $783,975 each per annum. Recommended Action: A) Approve and authorize the Mayor and City Manager to execute the "Sales Tax Agreement Between the City of Huntington Beach and Surf City Auto Group II, Inc."; and, B) Increase appropriation as revenue is received above the base to pay for City's share of the Sales Tax Sharing Agreement; and, C) Authorize the City Manager or designee to execute any additional documents required to further the Agreement. Alternative Action(s): Do not approve Agreement and direct Staff as necessary. Analysis: Rick Evans owned and operated the Chrysler Jeep Dodge Ram (CJDR) dealership on Beach Boulevard for 25 years. In 2013, Pete Shaver joined Rick Evans as owner of the CJDR dealership. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 7/17/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kellee Fritzal, Deputy Director, Business Development SUBJECT: Approve and authorize execution of a Sales Tax Sharing Agreement between the City and Surf City Auto Group II, Inc., for the opening of a new stand alone Jeep dealership HB -147-Item 13. - 1 Dept. ID ED 17-17 Page 2 of 2 Meeting Date: 7/17/2017 The CJDR dealership operates out of a newly renovated facility at 16555 Beach Boulevard, as well as the four-acre site at 16701 Beach Boulevard, owned by Rick Evans, due to the large volume of new vehicle inventory. In addition, the CJDR dealership leases offsite parking for additional new vehicle inventory. Surf City Auto Group II, Inc. has the opportunity to add a stand-alone Jeep dealership at the site. This will require a $3 million renovation to the current site to meet Jeep’s dealership image and space guidelines and a $25 million parking garage, which will be constructed half on the site and half on 16555 Beach Boulevard. Additionally, the Jeep dealership will be obligated to add 5,400 new Jeep sales over a three-year period. Surf City Auto Group II, Inc. has requested to enter into the Agreement to assist in defraying the significant cost of remodeling the dealership and moving the Chrysler, Dodge and Ram components of the existing dealership to the 16555 Beach Boulevard site. Operations of the new dealership are expected to generate significant sales activity, projected at an average of $139 million a year for the first five years, and to increase sales tax to the City by approximately $31,359,000 over the term of the proposed Agreement. The current assessed value of the Site is $5,740,000 and it is projected that the value of the Site will have an assessed value of $21,240,000, or a $15,500,000 increase. Increased property tax benefits the City was well as other taxing entities (such as schools) based on the completed improvements. The Economic Development Committee reviewed the request for a Sales Tax Sharing Agreement at the June 14 meeting and recommended approval. Environmental Status: Not Applicable. Strategic Plan Goal: Strengthen Economic and Financial Sustainability Attachment(s): 1. Sales Tax Sharing Agreement between the City of Huntington Beach and Surf City Auto Group II, Inc. 2. Letter from Pete Shaver 3. Subsidy Report – Government Code Section 53083 HB -148-Item 13. - 2 SALES TAX SHARING AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY AUTO GROUP II, INC. THIS SALES TAX SHARING AGREEMENT ("Agreement") dated as of , 2017, is entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("City"), and SURF CITY AUTO GROUP II, INC., a California corporation ("Surf City Auto"). RECITALS A. Surf City Auto in the business of selling motor vehicles. Surf City Auto's point of sale for purposes of the Uniform Local Sales and Use Tax Law is located at 16701 Beach Blvd., Huntington Beach, California 92647. B. Surf City Auto is contemplating opening a stand alone Jeep Dealership at 16701 Beach Blvd., in Huntington Beach. C. City recognizes that the expansion of Surf City Auto to Huntington Beach will contribute to the economic vitality of the City, provide additional jobs, expand the City's tax base and otherwise improve economic and physical conditions in the City. D. In order to induce Surf City Auto to open a stand alone Jeep Dealership in Huntington Beach, the City is willing to provide incentive to Surf City Auto as described in this Agreement. E. By its approval of this Agreement, the City Council of the City of Huntington Beach finds and determines that this Agreement serves a valid public purpose through expanding economic opportunities for businesses in the City, expanding the City's employment base, and generating Sales Tax that City can utilize to fund general governmental services such as police, fire, street maintenance, and parks and recreation programs. City and Surf City Auto have agreed that the respective considerations are a fair exchange. F. The City has found that it is of benefit to the City and its citizens that certain obligations be imposed upon Surf City Auto's future place of business to ensure Jeep vehicle sales and the resulting sales-tax revenues to the City. NOW, THEREFORE, based upon the foregoing Recitals and in consideration of the mutual covenants and conditions hereinafter set forth, Surf City Auto and City agree as follows: 17-5861/1603361DK0 HB -149-Item 13. - 3 DEFINITIONS. The capitalized terms and words used in this Agreement shall have the following meanings unless expressly provided to the contrary. 1.1 "Commencement Date" means first day of the month following Surf City Auto's opening of a stand alone Jeep Dealership at 16701 Beach Blvd. in Huntington Beach. 1.2 "Event of Default" means any event so designated in this Agreement. 1.3 "Fiscal Year" means the City's Fiscal Year of October 1 through September 30. 1.4 "Laws" means all California State Statutes, laws, Ordinances, regulations, orders, writs, judgments, injunctions, decrees or awards of the United States or any state, county, municipality or other Governmental Agency. 1.5 "Operating Period" means the period beginning with the Commencement Date and expiring on the earlier of: (a) twenty (20) years later, or (b) any time after ten years, upon the written notice of termination by Surf City Auto. 1.6 "Party" means any party to this Agreement. The "Parties" shall be all parties to this Agreement. 1.7 "Penalty Assessments" means penalties, assessments, collection costs and other costs, fees or charges resulting from late or delinquent payment of Sales Tax and which are levied, assessed, or otherwise collected from the business on the Site owning or obligated to pay Sales Tax. 1.8 "Person" means any entity, whether an individual, trustee, corporation, partnership, trust, unincorporated organization, governmental agency or otherwise. 1.9 "Sales Tax Increment" means that portion of taxes derived and received by the City of Huntington Beach from the imposition of the Bradley Burns Uniform Local Sales And Use Tax Law, commencing with Section 7200 of the Revenue and Taxation Code of the State of California, as amended, or its equivalent, arising from all businesses and activities conducted on the Site. Sales Tax Increment shall not include Penalty Assessments, any Sales Taxes levied by, collected for or allocated to the State of California, the County of Orange, a district or any other entity, notwithstanding that such funds received by City are derived or measured by such other entity based upon Sales Taxes. The Sales Tax Increment shall not exceed one percent (I%) upon taxable sales and uses on the Site. 17-5861/160336/DK0 2 HB -150-Item 13. - 4 1.10 "Site" refers to 16701 Beach Blvd., Huntington Beach, California 92647, only, the property within the City of Huntington Beach where Surf City Auto will establish a stand alone Jeep Dealership. 1.11 "Sales Tax" means the tax derived from Surf City Auto's business conducted on the Site and a portion of which is allocated to and received by the City pursuant to the Uniform Local Sales and Use Tax Law, commencing with California Revenue and Taxation Code Section 7200, et seg., as amended. 1.12 "Surf City Auto Group II, Inc." refers to the stand alone Jeep Dealership at 16701 Beach Blvd. in Huntington Beach. 2. THE PARTIES 2.1 Surf City Auto Group II, Inc., a California corporation, whose mailing address for purposes of this Agreement is: 16701 Beach Blvd., Huntington Beach, California 92647. Wherever the term Surf City Auto is used in this Agreement, the term shall be deemed to refer to Surf City Auto Group II, Inc. By executing this Agreement, Surf City Auto warrants and represents to City that it has the full power and authority to enter into this Agreement and that all authorizations and approvals required to make this Agreement binding upon Surf City Auto have been duly obtained. 2.2 The City is a Municipal Corporation, duly organized and existing pursuant to its City Charter. 3. OBLIGATIONS OF SURF CITY AUTO 3.1 Agreement. Surf City Auto hereby covenants and agrees that as soon as practicable following execution of this Agreement, it will have opened a stand alone Jeep Dealership and will commence selling new Jeep vehicles and used vehicles at the Site within, and to continue to use the Site as its primary Jeep Dealership business location during the Operating Period, but no later than one (1) year after execution of the Agreement, unless otherwise agreed upon in writing by the City. 3.2 Site and Restrictions. Surf City Auto shall, within a reasonable time, not to exceed two years from approval of this document by the City Council of the City of Huntington Beach, establish a stand alone Jeep Dealership at the Site. The Agreement for the Site by Surf City Auto shall result in a deed restriction on the Site, good and lasting for 20 years, which restricts the use of the Site and underlying property for new and used Auto Sales only. 3.3 Maximize Sales Tax. During the Operating Period, Surf City Auto shall use its best efforts, consistent with the requirements of law, to designate the Site as the point of sale in all sales of its products. 17-5861/160336/DKO 3 HB -151-Item 13. - 5 3.4 Indemnification. From the Commencement Date of this Agreement through the termination date, Surf City Auto shall indemnify, defend, and hold harmless City and its officers, employees and agents, from and against all liabilities, obligations, claims, damages, penalties, causes of action, judgments, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) (collectively "Claims") imposed upon or incurred by or asserted against City arising out of any act or omission of Surf City Auto or its business; provided, however, that the aforesaid obligations of Surf City Auto shall not apply to the extent any Claim results from the active negligence or intentional misconduct of City or any of City's officers, employees, agents, or contractors. In the event that any action, suit or proceeding is brought against City by reason of any such occurrence, Surf City Auto, upon City's request, will, at Surf City Auto's expense, defend such action, suit or proceeding at its sole cost. 3.5 Insurance. Surf City Auto shall take out and maintain in effect through the Operating Period, at Surf City Auto's sole cost and expense, the following insurance policies in the minimum amounts specified and in the forms provided below: (1) Comprehensive General Liability in an amount of not less than One Million Dollars ($1,000,000) combined single limits for each occurrence for bodily injury, personal injury, and property damage including contractual liability. (ii) Workers' Compensation as required by the Labor Code of the State of California and Employers' Liability insurance in an amount not less than required by California law. 3.6 Local, State and Federal Laws. Surf City Auto shall use best efforts to carry out the operation of the business in conformity with all applicable local, State and Federal laws. 3.7 Anti-discrimination. Surf City Auto shall use best efforts to not discriminate against any employee or applicant for employment because of age, sex, marital status, race, handicap, color, religion, reed, ancestry, or national origin. 3.8 Surf City Auto's Representations and Warranties. Surf City Auto makes the following representations and warranties as of the date of this Agreement and agrees that such representations and warranties shall survive and continue thereafter but shall not be remade after the date of this Agreement. 3.8.1 No Litigation. There is no litigation, action, suit, or other proceeding pending or threatened against Surf City Auto or the Site that may adversely affect the validity or enforceability of this Agreement or sale of vehicles at the Site. To the best of Surf City Auto's knowledge, Surf City Auto is not in violation of any State Statute, Federal law, regulation or Ordinance, or of any order of any court or governmental entity, the effect of which would prohibit Surf City Auto from performing its obligations hereunder. 17-5861/160336/DK0 4 HB -152-Item 13. - 6 3.8.2 Authority. Surf City Auto has complied with all governmental requirements concerning its organization, existence and transactions. Surf City Auto has the right and power to own and operate its business as contemplated in this Agreement. 3.8.3 No Breach. To Surf City Auto's knowledge, none of the undertakings contained in this Agreement violate any applicable governmental requirements, or conflicts with, or constitutes a breach or default under, any agreement by which Surf City Auto is bound or regulated. 3.8.4 Warranty Against Payment of Consideration for Agreement. Surf City Auto warrants that it has not paid or given, and will not pay or give, to any third person, any money or other consideration for obtaining this Agreement, other than normal costs of conducting business and costs of professional services such as accountants and attorneys. 3.9 Release of City Officials. No member, official, agent, employee, or attorney of the City shall be personally liable to Surf City Auto, or any successor in interest of Surf City Auto, in the event of any default or breach by the City or for any amount which may become due to Surf City Auto or its successors, or on any obligations under the terms of this Agreement. Surf City Auto hereby waives and releases any Claim it may have personally against the members, officials, agents, employees, consultants, or attorneys of the City with respect to any default or breach by the City or for any amount that may become due to Surf City Auto or its successors, or on any obligations under the terms of this Agreement. 3.10 Reports. Within ten (10) days of filing each report with the State Board of Equalization, Surf City Auto shall provide to the City true and correct copies of all reports filed by Surf City Auto with the State Board of Equalization in order to allow the City to preliminarily determine the amount of Sales Tax paid by Surf City Auto on account of sales from the Site; provided, however, that the City shall not be deemed to have received any Sales Tax until the City's actual receipt thereof. 4. OBLIGATIONS OF CITY OF HUNTINGTON BEACH 4.1 Tax Rebate. Within thirty (30) days after the City confirms its receipt of Sales Tax paid by Surf City Auto on account of sales from the Site during the Operating Period, the City shall pay to Surf City Auto on a quarterly basis financial assistance in an amount equal to fifty percent (50%) of annual Sales Tax Increment generated by Surf City Auto within the City of Huntington Beach and actually received by the City, after the existing base sales tax received by City is earned in City received sales tax. The existing base sales tax are those Jeep sales for the City's fiscal year 2016, which the parties agree is $1,681,797. City retains all sales tax of the first base in City received sales tax, which is increased by 1% annually. 4.2 City's Obligation to Provide Assistance Conditional on Sales Tax Increment. The City's obligation to provide Surf City Auto with assistance pursuant to 17-5861/160336/DK0 5 HB -153-Item 13. - 7 4.1 is conditioned upon Surf City Auto producing Sales Tax Increment each Fiscal Year. To the extent Surf City Auto does not produce Sales Tax Increment, then the tax rebate obligations herein shall be reduced to zero. 4.3 Annual Adjustment. Promptly after each fiscal year of the City which includes a portion of the Operating Period, the City shall determine with respect to that fiscal year the aggregate amount of Sales Tax received by the City and the aggregate amount of financial assistance payments made to Surf City Auto pursuant to Section 4.1. If for any reason (including but not limited to reporting errors or other adjustments) the aggregate amount of payments by the City with respect to that fiscal year is less than the aggregate amount payable with respect to that fiscal year, the City shall pay to Surf City Auto an adjustment payment equal to the amount of deficiency; if for any reason (including but not limited to reporting errors or other adjustments) the aggregate amount of payments by the City with respect to that fiscal year is more than the aggregate amount payable with respect to that fiscal year, then the amount of the excess shall be applied against the next payments due under Section 4.1, except that if any unapplied excess remains after the Operating Period, Surf City Auto shall pay the amount of the unapplied excess to the City upon demand. 4.4 Legal Challenge. Should any third party successfully challenge the validity of this Agreement through a taxpayer suit which results in a final judgment, either party may terminate this Agreement upon thirty (30) days written notice. The foregoing notwithstanding, the City agrees to vigorously defend any such legal challenges, including appeals of adverse court rulings where appropriate. 4.5 Contingent Liability and Limitations. The tax rebate obligations of the City of Huntington Beach shall be subject to the provisions of City Charter Section 605, regarding annual budget appropriations, and will not be payable for a period in excess of the twenty-year Operating Period after relocation to the new site. 5. DEFAULTS AND REMEDIES 5.1 Events of Default. The following shall initiate the default sequence: (a) If Surf City Auto materially breaches any of its obligations under Sections 3.1 through 3.7 of this Agreement. (b) If Surf City Auto's management is found by a trier of fact, after final judgment, to be in violation of any Local, State or Federal law in which scienter is an element. (c) If Surf City Auto's management is found by a trier of fact, after hearing, in a final, non-appealable order or judgment, either to be in violation of any anti- discrimination regulation or to be liable in a suit for discrimination. 17-5861/160336/DKO 6 HB -154-Item 13. - 8 (d) If Surf City Auto fails to provide the City with copies of the quarterly (or, if applicable, monthly) Board of Equalization reports filed by Surf City Auto. (e) If City fails to timely pay its obligations hereunder. When any of the initiating events described in this Section 5.1 occur, City or Surf City Auto may give the other written notice to cure. Where such act or omission is not cured by the breaching Party within thirty (30) days after that Party's receipt of written notice that such obligation was not performed, it shall constitute an Event of Default; provided that, if cure cannot reasonably be effected within such 30-day period, such failure shall not be an Event of Default so long as the Party promptly (in any event, within 10 days after receipt of such notice) commences cure, and thereafter diligently (in any event within 10 days after receipt of such notice) commences cure, and thereafter diligently (in any event within a reasonable time after receipt of such notice) prosecutes such cure to completion. 5.2 Remedies Upon Default. Upon the occurrence of any Event of Default, and thirty (30) days after written notice of default, and after a reasonable opportunity to cure such default, City or Surf City Auto, as appropriate, may terminate this Agreement and/or file any action available in law or equity. 6. GENERAL PROVISIONS 6.1 Time of the Essence. Time is of the essence of this Agreement and all Parties' obligations hereunder. 6.2 Venue. In the event of any litigation hereunder, all such actions shall be instituted in the Superior Court of Orange, State of California, or in an appropriate municipal court in the County of Orange, State of California or an appropriate Federal District Court in the Central District of California. 6.3 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 6.4 Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 6.5 Attachments Incorporated. The Attachment to this Agreement is incorporated herein by this reference. 6.6 Copies. Any executed copy of this Agreement shall be deemed an original for all purposes. 17-5861/160336/DKO 7 HB -155-Item 13. - 9 6.7 Severability. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability, unless it affects the substantial rights of a party or defeats the purpose of this Agreement, shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provision has not been contained herein. 6.8 Interpretation. The language in all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any party. When the context of this Agreement requires, the neuter gender includes the masculine, the feminine, a partnership or corporation of joint venture or other entity, and the singular includes the plural. 6.9 No Partnership or Joint Venture. The parties hereto agree that nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint venture, or association between City and Surf City Auto; or cause City or Surf City Auto to be responsible in any way for the debts or obligations of the other, and no other provision contained in this Agreement nor any acts the parties hereto shall be deemed to create any relationship between City and Surf City Auto other than that of contracting parties. Further, nothing herein shall give or is intended to give any rights of any kind to any person not an express party hereto. 6.10 Integration. This Agreement, including the Attachments attached hereto, is the entire Agreement between and final expression of the parties, and there are no agreements or representations between the parties except as expressed herein. All prior negotiations and agreements between City and Surf City Auto with respect to the subject matter hereof are superseded by this Agreement. Except as otherwise provided herein, no subsequent change or addition to this Agreement shall be binding unless in writing and signed by the parties hereto. 6.11 Nonwaiver. None of the provisions of this Agreement shall be considered waived by any party except when such waiver is given in writing. The failure of any party to insist in any one or more instances upon strict performance of any of its rights hereunder shall not be construed as a waiver of any such provisions or the relinquishment of any such rights for the future, but the same shall continue and remain in full force and effect. 6.12 Notices. Any notice, approval, demand or other communication required or desired to be given pursuant to this Agreement shall be in writing and shall be effective upon personal service (including by means of professional messenger service) or, five (5) days after mailing via United States first-class mail or two (2) days after mailing via Federal Express or other similar reputable overnight delivery service. Any notice shall be addressed as set forth below: 17-5861/160336/DKO 8 HB -156-Item 13. - 10 If to City: If to Surf City: Kellee Fritzal Deputy Director of Business Development City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Surf City Auto Group II, Inc. Attn: Pete Shaver 16555 Beach Blvd. Huntington Beach, CA 92647 With copies to (which shall not constitute Notice): Michael E. Gates, City Attorney City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 and Fred Wilson, City Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Alton G. Burkhalter, Esq Burkhalter Kessler Clement & George LLP 2020 Main Street, Suite 600 Irvine, CA 92614 Either City or Surf City Auto may change its respective address by giving written notice to the others in accordance with the provisions of this Section. 17-5861/160336/DKO 9 HB -157-Item 13. - 11 Mayor ATTEST: City Clerk APPROVED A JIA ( ITIATED AND APPROVED: IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth. Surf City Auto Group II, Inc., a Califomi orporation By: Peter E. Shaver ITS: President COUNTERPART CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Deputy Director of Business Development REVIEWED AND APPROVED: City Manager 17-5861/1603361DKO 10 HB -158-Item 13. - 12 City/Attorney r.)1-2-0 7 111 ith14"/ ITIATED AND APPROVED: IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth. Surf City Auto Group II, Inc., a CITY OF HUNTINGTON BEACH, California corporation a municipal corporation of the State of California By: Peter E. Shaver Mayor ITS: President ATTEST: City Clerk APPROVED AS/TO FORM: Deputy ty Director o usiness Development REVIEWED AND APPROVED: City Manager 17-5861/160336/DKO 10 COUNTERPART HB -159-Item 13. - 13 ATTACHMENT NO. 1 Surf City Auto Group IT, Inc.'s Certificate Date: Surf City Auto Group II, Inc., hereby requests a sales tax rebate in the amount, and on the date, set forth below, pursuant to that certain Sales Tax Sharing Agreement between the City of Huntington Beach and Surf City Auto Group II, Inc. Capitalized terms used and not otherwise defined herein shall have the meanings set forth for them in the Agreement. REQUESTED AMOUNT: Surf City Auto Group II, Inc., hereby represents and warrants to City that: , Surf City Auto Group II, Inc., paid Sales Taxes for the to fiscal year quarter [month] to the California Board of Equalization in the amount of $ Attached hereto is a true and complete photocopy of our quarterly [monthly] filings or other poof of payment. Surf City Auto Group II, Inc. PAYMENT APPROVED: City Representative On 17-5861/160336/DK0 11 HB -160-Item 13. - 14 rs Jeep W,141*-- Ea "kin Huntington Beach Chrysler Dodge Jeep Ram #1 Chrysler Dodge Jeep Ram Dealership in California rzysLaR June 14, 2017 Ms. Kellee Fritzal Deputy Director of Economic Development City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Re: Sales Tax Sharing Agreement Dear Ms. Fritzal: As you know, for the past 25 years Rick Evans has owned and operated the Chrysler Jeep Dodge Ram dealership on Beach Boulevard in Huntington Beach. I became his partner 4 years ago and since then we have grown the dealership such that it is now the #2 dealership in the United States. In 2015 and 2016, our CJDR dealership generated over $300 million in taxable sales, and it provided over 250 well paying jobs. Our C.JDR dealership operates out of a newly renovated facility at 16555 Beach Boulevard, but due to the large volume of new vehicle inventory required to maintain its sales success, we must also utilize the 4 acres Rick owns at 16701 Beach Boulevard (where Rick formerly operated the dealership when it was only Chrysler and Jeep). In addition, we must lease offsite parking for our new vehicle inventory. In short, we are very tight on space. Rick and I have been presented with the opportunity to add a stand-alone Jeep dealership, but this opportunity is expensive and will place constraints on our existing CJDR operations unless we can obtain help from the City as detailed below. The opportunity to add the Jeep stand-alone will require us to remodel 16555 at a $3 million expense; we will be required to invest in expensive renovations to meet Jeep's dealership image and space guidelines. Additionally, we will be obligated by the agreement to add 5,400 new Jeep sales over a three year period. In order to make the Jeep dealership opportunity viable, we ask that the City of Huntington Beach provide our new Jeep Dealership with assistance. We ask the City to make available to the Jeep dealership 50% of the City's share of the sales tax generated by the new Jeep operations over the next 20 years. We believe this request to be in the City's best interests because of the following benefits that the City will derive from adding this fast growing new car franchise to its tax and employment base: Huntington Beach Chrysler Dodge Jeep Ram 16701 Beach Blvd. Huntington Beach, CA 92647 hbJeep.com I hbChrysler.com I hbOodge.com I hbRamTrucks.com Phone 714.84139991 Fax 714.841.4848 HB -161-Item 13. - 15 Ms. Kellee Fritzal June 14, 2017 Page 2 1. Estimated $3 Billion in 'new" taxable vehicle and parts/service sales over the next 20 years. 2. Increased local employment by adding new full-time employees in the Jeep dealership. 3. Increased property values and property tax base. In answer to the questions posed in your email: 1. The entity that will enter into the Sales Tax Sharing Agreement will be Surf City Auto Group II, Inc., a California corporation. 2. The scope of the project will be to: a) acquire the stand alone Jeep dealership and dedicate Rick's property at 16555 Beach Boulevard exclusively to Jeep and b) invest to renovate that location such that it meets Jeep's image and facility requirements and c) utilize the vacated Chrysler Drive to improve new car display and customer parking. 3. The Jeep dealership will go into 16555 Beach Boulevard. 4. The existing condition of the site: the dealership building is over 40 years old and requires substantial renovation in order to meet Jeep's image and facilities guidelines. 5. The City's responsibilities will be to: Provide us with the 50% tax sharing arrangement required so that we can afford to take this mutually beneficial, substantial project on. We will be responsible for all other aspects of this project. 6. 16555 Beach Boulevard is currently assessed at a value of $6.5 million. We believe the property will increase in value by at least $5 million as a result of the facility improvements and the addition of the land resulting from the vacated Chrysler Drive. 7. Our investment will initially be $3 million to remodel. In addition, we will incur costs to incorporate the vacated Chrysler Drive into our dealership operations, at a cost $500,000. Last, increasing our infra-structure to support the business with a permanent parking solution in the form of acquiring vacant land or developing 16555 with above ground parking at an anticipated cost of$25 million plus. Our last renovation project kept over 60 trades people busy with various aspects of the construction project. 8. We know we will be hiring a lot of people to help in our Jeep operations, but we have not yet made those projections. I can tell you that our CJDR dealership generates $300 million in taxable sales annually and employs 280 employees. We expect Jeep to HB -162-Item 13. - 16 Ms. Kellee Fritzal June 14, 2017 Page 3 generate $160 million in taxable sales annually, and based on size comparisons may need as many as 70 employees. 10. We project taxable sales of $160 million per year in each of 2018, 2019, 2020 and 2021. We operate a business that exceeds any other dealer in the area. Our numbers speak for themselves. We are anxious to meet the City and design this mutually beneficial financial plan. Thank you for your anticipated assistance on this exciting new opportunity. Please let me know if you need any additional information. Sincewly, Pete Shaver cc: Mr. Ken Dormer, Deputy City Manager HB -163-Item 13. - 17 City of Huntington Beach 1 July 10, 2016 ECONOMIC DEVELOPMENT SUBSIDY REPORT PURSUANT TO GOVERNME NT CODE SECTION 5308 3 FOR A SALES TAX SHARING AGREEMENT BY AND BETWEEN CITY OF HUNTINGTON BEACH AND SURF CITY AUTO GROUP II, INC. Pursuant to Government Code Section 53083, the City Council of the City of Huntington Beach must hold a noticed public hearing and, prior to the public hearing, provide all of the following information in written form and available to the public and through the City’s website regarding a proposed economic development subsidy to be provided by the City pursuant to a Sales Tax Sharing Agreement by and between the City of Huntington Beach and Surf City Auto Group II, Inc. (“Agreement”). Notice was published on the City’s website for a public hearing to be held on July 17, 2017. The purpose of this report is to provide the information required pursuant to Government Code Section 53083 in regards to the Agreement. This report shall remain available to the public and posted on the City’s website until the end date of the economic development subsidy, as further described in Number 2 below. 1. The name and address of all corporations or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy. The Agreement is with Surf City Auto Group II, Inc., who will construct, own and operate a new Jeep dealership that will benefit from the economic development subsidy: Surf City Auto Group II, Inc. 16701 Beach Boulevard Huntington Beach, CA 92647 2. The start and end dates and schedule, if applicable, for the economic development subsidy. If the Agreement is approved by the City Council, the start date of the economic development subsidy will be on or around August 1, 2017 (or when the dealership opens) and the end date will be no later than 20 years after the start date, on or around August 1, 2037. The economic development subsidy will be paid quarterly, within 30 days of the end of each quarter. 3. A description of the economic development subsidy, including the estimated total amount of the expenditure of public funds by, or of revenue lost to, the local agency as a result of the economic development subsidy. The economic development subsidy is equal to fifty percent (50%) of the sales tax revenue received by the City from Surf City Auto Group II, Inc., after the existing base sales tax received by the City. The existing base sales tax is defined as those Jeep sales for the City’s fiscal year 2016, which is estimated at $1,681,797, and increased by 1% per year. HB -164-Item 13. - 18 City of Huntington Beach 2 July 10, 2016 4. A statement of the public purpose for the economic development subsidy. Rick Evans has owned and operated the Chrysler Jeep Dodge Ram (CJDR) dealership on Beach Boulevard for 25 years. In 2013, Pete Shaver joined Rick Evans as owner of the CJDR dealership. The CJDR dealership operates out of a newly renovated facility at 16555 Beach Boulevard as well as the 4 acre site at 16701 Beach Boulevard (Site), owned by Rick Evans, due to the large volume of new vehicle inventory . In addition, the CJDR dealership leases offsite parking for additional new vehicle inventory. Surf City Auto Group II, Inc. has the opportunity to add a stand-alone Jeep dealership at the Site. This will require a $3 million renovation to meet Jeep’s dealership image and space guidelines and a $25 million parking garage, which will be constructed half on the 16555 Beach Boulevard and half on the Site. Additionally, the Jeep dealership will be obligated to add 5,400 new Jeep sales over a three year period. Surf City Auto Group II, Inc. has requested to enter into the Agreement to assist in defraying the significant cost of remodeling the dealership and moving the Jeep component of the existing dealership to the 16701 Beach Boulevard site Operations of the new dealership are expected to generate significant incremental sales activity, projected at an average of $139 million a year for the first five years, and to increase sales tax to the City by approximately $31,359,000 over the term of the proposed Agreement. The current assessed value of the Site is $5,740,000 and it is projected that the value of the Site will have an assessed value of $21,240,000, or a $15,500,000 increase. 5. The projected tax revenue to the local agency as a result of the economic development subsidy. Projections indicate that, over the 20 year period of the sales tax sharing agreement, roughly $16,058,000 in present value dollars in additional sales tax revenue could be received by the City. Of this amount, the City would pay Surf City Auto Group II, Inc. approximately $8,029,000 in present value terms. 6. The estimated number of jobs created by the economic development subsidy, broken down by full-time, part-time and temporary positions. The City anticipates the construction and operation of the new dealership will yield a minimum of 50 full- and part-time jobs and approximately 60 temporary new jobs during the construction. HB -165-Item 13. - 19 Dept. ID HR 17-006 Page 1 of 2 Meeting Date: 7/17/2017 Statement of Issue: The City and the Surf City Lifeguard Employees’ Association (SCLEA) have tentatively agreed to enter into a new Memorandum of Understanding (MOU) for the period October 1, 2015, through December 31, 2017. Financial Impact: Funding for the implementation of the fiscal items contained in the proposed Memorandum of Understanding will come from the General Fund. The fiscal impact for FY 2016/17 and FY 2017/18 is estimated by Finance to total $105,832. Recommended Action: Approve the “Tentative Agreement” and the introduction of the proposed “Memorandum of Understanding Between the Surf City Lifeguard Employees’ Association and the City of Huntington Beach for the period October 1, 2015, through December 31, 2017.” Alternative Action(s): Do not approve the tentative agreement and the introduction of the proposed successor MOU for SCLEA employees and direct staff to continue to meet and confer with the Association or utilize the impasse procedures contained within the City’s Employer-Employee Relations Resolution. Analysis: Representatives for the City and SCLEA have been involved in negotiations for over 18 months and have finally completed the meet and confer process with a tentative agreement on a proposed Memorandum of Understanding (MOU) for the period of October 1, 2015, through December 31, 2017. The negotiated items contained within the Tentative Agreement and proposed MOU is comparable to other City Council approved MOUs during calendar year 2016. The majority of the prior year negotiated MOUs contained a total of 4% in combined wage and benefit enhancements – 2% non-base building and 2% base-building modifications. This unit did not receive any negotiated enhancements to compensation or benefits in 2016 and the majority of the unit are not enrolled in the CalPERS retirement system, instead, those members pay 7.5% of their wages into a supplemental system as an alternative to Social Security. CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/17/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Michele Warren, Director of Human Resources SUBJECT: Approval of Tentative Agreement and Introduction of Proposed Memorandum of Understanding (MOU) between the Surf City Lifeguard Employees’ Association (SCLEA) and the City of Huntington Beach for October 1, 2015, through December 31, 2017 HB -166-Item 14. - 1 Dept. ID HR 17-006 Page 2 of 2 Meeting Date: 7/17/2017 Highlights from the listing of tentatively agreed upon pay and benefit changes include the following: Non-Economic • Term – 10/1/15 – 12/31/17 • Bulletin Board in Lifeguard Headquarters • Re-certification Training and Skills Testing Economic • 4% COLA • Overtime compensation for hours worked on Labor Day and Memorial Day • Subpoena Pay (no change to current practice – memorializing in MOU only – no additional cost) There were other appropriate modifications to a variety other provisions including, but not limited to, deletion of obsolete language, regulatory compliance language changes and, general clean-up language. A summary of these and all other negotiated provisions are included in the proposed MOU listed as Exhibit “A”. Environmental Status: N/A Strategic Plan Goal: Enhance and maintain City service delivery Enhance and maintain public safety Attachment(s): 1. Tentative Agreement 2. Fiscal Impact Report 3. Proposed Memorandum Of Understanding - Exhibit “A” 4. PowerPoint Presentation HB -167-Item 14. - 2 Ken e7chele Warren, Director of Human Resources SC LEA illiam:AA A JA AI Ryan (far -CLIFA '?rres' dent Peter Eich, SCLEA Secretdiry SCLEA Negotiations TENTATIVE AGREEMENT - OPTION B July 5, 2017 Item Proposal Article I Term of MOU October 1, 205 through December 31, 2017 Article ll Representation Marine Safety Division will provide space for a bulletin board in Lifeguard Headquarters for all SCLEA members to receive information. Article VII Annual Physical & Technical Testing All unit employees will receive recertification training and skills testing each year during the annual requalification process. The actual number of minimally required training hours will be determined annually, by Marine Safety Division Administration. Article VIII Salary Schedule B. Wage Increases 4% across the board wage increase for all unit classifications, effective the beginning of the pay period following City Council approval (after 2nd appearance on City Council agenda within 30 days). Article XI Special Pay Unit employees required/subpoenaed to attend proceedings that occur either on unscheduled work days and/or outside of scheduled work hours, which are directly related to Marine Safety employment, will be paid at the employee's base hourly rate for time in attendance at said proceedings. Article XII - Overtime Holiday Pay Effective the first calendar date of the named holidays commencing subsequent to City Council approval of this agreement, employees shall receive 1.5 times their base hourly rate of pay for all hours worked on the City Observed Holidays of Memorial Day and Labor Day. Employees who meet or exceed 40 work hours in the FLSA work period as of the City Observed Holiday will receive 1.5 times their base hourly rate of pay for all hours worked on the City Observed Holidays. (No double-time and one-half/2.5). All other items contained in the (expired) memorandum of understanding between the Surf City Lifeguard Employees' Association and the City of Huntington Beach shall remain unchanged through 12/31/17. Tentative Agreement - July 5, 2017 HB -168-Item 14. - 3 City of Huntington BeachTentative Agreement: SCLEADated: July 5, 2017Term: 10/1/2015 ‐ 12/31/2017MOU Item # Description Rate / $New Schedule Year 1 Estimated Annual Impact Note:Article VII: All Employees will receive recertification training and skills testing‐$ Unknown true cost; minimum required hours are to be determined by the Marine Safety Division AdministrationWage Compensation IncreaseYear 1: 4% Wage Compensation Increase 80,743$ Holiday Hours: Employees receive 1.5 of base pay for hours worked 25,089$ City Observed Holidays: Memorial Day and Labor DayEstimatedProposalImpactOnly*105 832$Estimated Proposal Impact Only105,832$ These estimates are subject to change and represent Management's best estimate and analysis of the fiscal impact and costs of the above proposal, given the information that is available at this time.Note: Year 1 is full annual impact, pro‐rated cost will be included at the time of Council adoption.*Does not include the impact of normally occurring CalPERS Rate increases that will increase City costs based on prior MOUs and CalPERS Rate changes.These estimates are subject to change.For Discussion Purposes OnlyHB -169-Item 14. - 4 MEMORANDUM OF UNDERSTANDING BETWEEN SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION AND CITY OF HUNTINGTON BEACH JULY 1, 2014 – SEPTEMBER 30, 2015 OCTOBER 1, 2015 – DECEMBER 31, 2017 HB -170-Item 14. - 5 SCLEA MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS i ARTICLE I – TERM OF MOU ____________________________________________ 1 ARTICLE II – REPRESENTATION ________________________________________ 1 A. REPRESENTATION UNIT ___________________________________________________ 1 B. EMPLOYEE AND UNION RIGHTS _____________________________________________ 1 ARTICLE III – PAYROLL DEDUCTION OF UNION DUES _____________________ 2 ARTICLE IV – UNIFORM ALLOWANCE ___________________________________ 2 A. NEW HIRES ____________________________________________________________ 2 B. DAMAGED UNIFORM ARTICLES ______________________________________________ 2 C. UNIFORM - RETURNING RECURRENT OCEAN LIFEGUARD ___________________________ 2 D. SUNSCREEN AND LIP BALM ________________________________________________ 2 E. REPORTING OF UNIFORMS _________________________________________________ 2 ARTICLE V – PARKING PASSES ________________________________________ 3 A. PARKING PASSES _______________________________________________________ 3 B. PARKING PASS - BEFORE REQUALIFICATION ____________________________________ 3 ARTICLE VI – ANNUAL RECURRENT OCEAN LIFEGUARD RE-QUALIFICATIONS 3 A. WORK AVAILABLE -- RETURN TO ACTIVE EMPLOYMENT ____________________________ 3 ARTICLE VII – ANNUAL PHYSICAL AND TECHNICAL TESTING _______________ 4 ARTICLE VIII – SALARY SCHEDULE _____________________________________ 4 A. CURRENT SALARY SCHEDULE ______________________________________________ 4 B. WAGE INCREASES _______________________________________________________ 4 ARTICLE IX – RETIREMENT ____________________________________________ 4 ARTICLE X – WORK DAY; WORK WEEK __________________________________ 5 A. FALL, WINTER, SPRING & SPRING BREAK AND SUMMER ___________________________ 5 B. NOT A GUARANTEE OF WORK_______________________________________________ 5 C. 1,500 HOURS __________________________________________________________ 5 ARTICLE XI – SPECIAL PAY ____________________________________________ 5 A. EMT _________________________________________________________________ 5 B. BILINGUAL PAY _________________________________________________________ 6 C. EFFECTIVE DATE OF SPECIAL PAY ___________________________________________ 6 ARTICLE XII – OVERTIME ______________________________________________ 6 AR TICLE XIII – MISCELLANEOUS _______________________________________ 7 HB -171-Item 14. - 6 SCLEA MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS ii A. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION ________________________________ 7 B. RETURN TO W ORK POLICY _________________________________________________ 7 C. GRIEVANCE PROCEDURE __________________________________________________ 7 D. AB 1522 – HEALTHY WORKPLACES, HEALTHY FAMILIES ACT OF 2014 ________________ 9 E. DEATH RELATED BENEFITS ________________________________________________ 9 ARTICLE XIIII – CITY COUNCIL APPROVAL ______________________________ 10 EXHIBIT A – SALARY SCHEDULE _________ ERROR! BOOKMARK NOT DEFINED. HB -172-Item 14. - 7 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) SCLEA MOU July 1, 2014 – September 30, 2015 1 Article I – Term of MOU The City of Huntington Beach (“City”) and the Surf City Lifeguards Employees Association (“SCLEA”) have reached agreement for a limited Memorandum-of-Understanding (“MOU”) for the term of July 1, 2014 – September 30, 2015October 1, 2015 – December 31, 2017. The terms and conditions of employment are as follows: Article II – Representation A. Representation Unit City recognizes SCLEA as the representative concerning all matters relating to employer-employee relations including, but not limited to wages, hours and other conditions of employment for all employees in the “Recurrent Ocean Lifeguard” Representation Unit, as follows: Included: All City of Huntington Beach “Recurrent Ocean Lifeguard” (Classifications: Ocean Lifeguard I, Ocean Lifeguard II, Ocean Lifeguard III, Junior Guard Instructor I, Junior Guard Instructor II, Junior Lifeguard Program Coordinator I, and Junior Lifeguard Program Coordinator II). Excluded: Management Personnel, Marine Safety Officers, and all other employees. B. Employee and Union Rights SCLEA shall have the right to represent all employees in the “Recurrent Ocean Lifeguard” representation unit in their employment relations with the City, including the Meyers-Milias-Brown Act (“MMBA”) “meet and confer” process. C. Marine Safety Division will provide space for a bulletin board in the Lifeguard Headquarters for all SCLEA members to receive information. HB -173-Item 14. - 8 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) SCLEA MOU July 1, 2014 – September 30, 2015 2 Article III – Payroll Deduction of Union Dues City will continue to deduct SCLEA’s monthly union dues (on a bi-weekly basis) as designated by SCLEA, and authorized by the individual employee. SCLEA agrees to hold the City harmless for such payroll deductions. In the event of a SCLEA fee arrangement outside of an agreement that is in effect, SCLEA shall indemnify and hold the City of Huntington Beach harmless against any liability arising from any claims, demands, or other action relating to the City of Huntington Beach’s compliance with SCLEA’s fee obligation as stated in Government Code §3502.5.b.2. Article IV – Uniform Allowance A. New Hires All new hires will be issued, at no charge, a full set of uniform articles and equipment which includes: a hat, T-shirt, jacket, shorts, men's black swimsuit, women's red swimsuit, tear-away sweatpants, sandals, fins, sunglasses and bag. B. Damaged Uniform Articles The Operations Supervisor will replace uniform articles and equipment as referenced in Article IV A. that are damaged in the line of duty or worn out by the passage of time. C. Uniform - Returning Recurrent Ocean Lifeguard The city shall provide one set of shorts and a shirt to each returning "Recurrent Ocean Lifeguard". D. Sunscreen and Lip Balm The city shall provide Sun Protection Factor (SPF) 15 or higher sunscreen and lip balm to all SCLEA members. E. Reporting of Uniforms For each CalPERS employee, the City will report to the California Public Employees’ Retirement System (CalPERS), the average annual cost of uniforms provided as special compensation in accordance with Title 2, California Code of Regulations, Section 571(a)(5). The average annual cost of uniforms provided shall include uniforms issued and article replacements during a payroll calendar year. Reporting shall not include personal protective equipment, unless otherwise permitted in accordance with CalPERS law. HB -174-Item 14. - 9 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) SCLEA MOU July 1, 2014 – September 30, 2015 3 1. This section shall not apply to new members of this unit who are designated by CalPERS as “new members” in accordance with GC Section 7522.04 (f) and whose “Pensionable Compensation” is subject to the provisions of GC Section 7522.34. Article V – Parking Passes F. Parking Passes Parking passes will be issued to “Recurrent Ocean Lifeguards” who pass the annual re-qualification exam. G. Parking Pass - Before Requalification Before re-qualification has been completed: 1. A parking pass will be provided to recurrents who are called to work; and 2. Recurrents who come to the beach to train may obtain a temporary pass for that day from the on-duty Operations Supervisor. Article VI – Annual Recurrent Ocean Lifeguard Re-qualifications A. Work Available -- Return to Active Employment If there is work available and if the "Recurrent Ocean Lifeguard" meets the following criteria, the "Recurrent Ocean Lifeguard" shall be returned to active employment for the following season: 1. The employee performance evaluations meet Marine Safety Division (MSD) standards; 2. The employee did not resign or was not terminated from employment with the City; 3. The employee completed the existing minimum hour working standard; 4. The employee has successfully completed the yearly re-qualification exam; 5. The employee has successfully completed and responded by the dates designated in the recurrent Spring questionnaire. HB -175-Item 14. - 10 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) SCLEA MOU July 1, 2014 – September 30, 2015 4 Article VII – Annual Physical and Technical Testing A. City will continue to provide annual physical and technical testing of “Recurrent Ocean Lifeguards.”All unit employees will receive recertification training and skills testing each year during the annual requalification process. The actual number of minimally required training hours will be determined annually by Marine Safety Division Administration. B. City to provide annual skin cancer screening examinations to all unit employees to be conducted by a medical facility selected by the City at Lifeguard HQ or Junior Guard HQ. Unit employees who are screened off duty will be paid one (1) hour of compensation at the employee’s base hourly rate of pay. Article VIII – Salary Schedule A. Current Salary Schedule "Recurrent Ocean Lifeguards" shall be compensated at an hourly rate by classification title and pay range, as set forth in Exhibit A. B. Wage Increases 1. Effective the beginning of the pay period following City Council approval or June 6, 2015August 12, 2017, whichever is later, all bargaining unit employees shall receive a six and three-quarter percent (6.75%) four percent (4%) wage increase. 2. The salary schedule of the classification of Lifeguard III will be modified, effective the beginning of the pay period of July 4, 2015, to reflect a structural change deleting the current A-step and B-step hourly rate and restructuring the schedule making C-step the new A step. Article IX – Retirement HB -176-Item 14. - 11 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) SCLEA MOU July 1, 2014 – September 30, 2015 5 All employees not eligible for enrollment in the California Public Employees’ Retirement System (CalPERS) shall be enrolled in the Public Agency Retirement Services (PARS). Effective the beginning of the pay period following City Council approval of this MOU, or June 6, 2015, whichever is later, aAll PARS contributing employees of this unit shall pay 7.5% towards the PARS contribution. Article X – Work Day; Work Week A. Fall, Winter, Spring & Spring Break and Summer City shall establish work schedules for Fall, Winter, Spring & Spring Break, Summer and other schedules as needed. B. Not a Guarantee of Work Neither this provision nor any work schedule shall constitute a guarantee of work (either daily or weekly) for "Recurrent Ocean Lifeguards". C. 1,500 Hours An employee represented by the SCLEA may work up to one thousand five hundred (1,500) hours in a twelve-month (12-month) period. The 12-month period shall be based on a City payroll calendar year. An employee shall not work more than 1,500 hours in this 12-month period. Article XI – Special Pay A. EMT 1. Employees who maintain certification as Emergency Medical Technicians ("EMTs") according to State of California regulations and Orange County EMT policy in the classifications of Ocean Lifeguard I, Junior Guard Instructor I, Junior Guard Instructor II, Junior Lifeguard Program Coordinator I and Junior Lifeguard Program Coordinator II, shall receive an additional five percent (5%) per hour above their base hourly rate of pay. It is the employee's responsibility to maintain the EMT certification and to have a current EMT HB -177-Item 14. - 12 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) SCLEA MOU July 1, 2014 – September 30, 2015 6 Certification on file. [This provision shall become became effective June 30, 2014]. 2. Employees in the classifications of Ocean Lifeguard ll and Ocean Lifeguard III shall not be eligible for EMT special pay. Employees in these classifications shall be paid their base hourly rate for the 24 hours of required bi-annual re- certification. The hours paid/worked during the bi-annual EMT re-certification course shall not count towards satisfying the minimum hour requirement for reserve status. [This provision shall be became effective for all recertifications completed on or after May 1, 2014]. B. Bilingual Pay SCLEA employees, who use their bilingual skill as part of their job assignment, shall be paid an additional five percent (5%) over their base hourly rate of pay. Employees shall be tested and certified by the Human Resources Manager as to their language proficiency in order to be eligible for said compensation. Eligibility for bilingual pay shall be limited to the following languages: Spanish, Vietnamese, French, German, Japanese and American Sign Language. C. Effective Date of Special Pay All special pay shall be effective the beginning of the first full pay period following certification and verification as approved by the Department Head or designee. D. Subpoena/Court Pay Unit employees required/subpoenaed to attend proceedings that occur either on unscheduled work days and/or outside of scheduled work hours, which are directly related to Marine Safety employment, will be paid at the employee’s base hourly rate for time in attendance at said proceedings. Article XII – Overtime A. All unit employees shall be compensated at time and one half the regular rate of pay for all hours worked in excess of forty (40) hours per week. HB -178-Item 14. - 13 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) SCLEA MOU July 1, 2014 – September 30, 2015 7 B. Effective the first calendar date of the named holidays commencing subsequent to City Council approval of this agreement, employees shall receive 1.5 times their base hourly rate of pay for all hours worked on the City Observed Holidays of Memorial Day and Labor Day. Employees who meet or exceed 40 work hours in the FLSA work period as of the City Observed Holiday will receive 1.5 times their base hourly rate of pay for all hours worked on the City Observed Holidays. (No double-time and one-half/2.5). Article XIII – Miscellaneous A. Employer-Employee Relations Resolution During the term of the agreement, the City and SCLEA agree to update the Employee-Employer Relations Resolution to reflect current State law. B. Return to Work Policy The City and the Association agree to the implementation of an Administrative Regulation for a Return to Work / Transition Duty Program for employees who experience industrial and non-industrial injury or illness. C. Grievance Procedure For the purpose of this procedure, a grievance is specifically defined as a dispute concerning the interpretation or application of any provision of the Memorandum of Understanding or any departmental rule governing personnel practices or working conditions. The grievance procedure shall consist of the following steps, each of which must be completed prior to any request for further consideration of the matter unless otherwise provided herein: Step 1. If a SCLEA employee feels that he has a grievance, as defined in C above, he or she may request a meeting with his immediate Marine Safety Lieutenant within ten (10) calendar days after the employee becomes aware or reasonably HB -179-Item 14. - 14 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) SCLEA MOU July 1, 2014 – September 30, 2015 8 should have become aware of the subject matter of the grievance. The Marine Safety Lieutenant, within five (5) calendar days of such request, shall meet with the employee when so requested and discuss the grievance in an effort to clarify the issue and work toward a cooperative settlement or resolution of the dispute. The Marine Safety Lieutenant shall present, verbally and in writing, his decision to the employee within five (5) calendar days from the time of the informal discussion. Step 2. If the grievance is not settled under Step 1, the grievance may be presented to the Marine Safety Chief. The grievance shall be submitted within five (5) calendar days after receipt of the written decision from Step 1. Within five (5) days after receipt of the written grievance, the Marine Safety Chief shall meet with the employee and his immediate supervisor, if any. Within five (5) calendar days thereafter, a written decision shall be given to the employee from the Marine Safety Chief. Step 3. If the grievance is not settled under Step 2, the grievance may be presented to the Department Director/Fire Chief or designee. The grievance shall be submitted within five (5) calendar days after receipt of the written decision from Step 2. Within five (5) days after receipt of the written grievance, the Department Director/Fire Chief or designee shall meet with the employee and his/her immediate supervisor, if any. Within five (5) calendar days thereafter, a written decision shall be given to the employee from the Department Director/Fire Chief or designee. The decision by the Department Director/Fire Chief or designee shall be considered final and shall end the grievance procedure. In the event the grievant does not comply with the time limits imposed by this Article, the decision is deemed final and the grievance process shall end. HB -180-Item 14. - 15 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) SCLEA MOU July 1, 2014 – September 30, 2015 9 D. AB 1522 – Healthy Workplaces, Healthy Families Act of 2014 The City agrees to provide unit members with paid sick leave benefits in accordance with state law. E. Death Related Benefits In the event a SCLEA unit member expires while engaging in the performance of his/her duties in the course and scope of his/her work; and should his/her beneficiaries/survivors be entitled to death-related benefits in accordance with State of California Workers’ Compensation law, the City agrees to provide the named beneficiary designated to receive the employee’s final pay warrant as the beneficiary for a one-time final expense stipend of $10,000. Such stipend shall be in addition to, and not in lieu of, any death-related and/or other benefits his/her beneficiaries/survivors may be entitled to under State of California Workers’ Compensation law. Such stipend payment to the beneficiary is not life insurance and is subject to the appropriate treatment under Internal Revenue Service regulations. HB -181-Item 14. - 16 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) SCLEA MOU July 1, 2014 – September 30, 2015 10 Article XIIII – City Council Approval It is the understanding of the City and SCLEA that this MOU has no force or effect whatsoever unless and until adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this ______day of _______20157. City of Huntington Beach (A Municipal Corporation) Surf City Lifeguard Employees’ Association By: By: Fred A. Wilson City Manager Chris HubbardRyan Camps SCLEA President By: By: Ken Domer Assistant City Manager Dhane StephensonDavid Wagner Negotiations Team By: By: Michele Warren Director of Human Resources Ryan CampsPeter Eich Negotiations Team By: By: Mike Baumgartner Marine Safety Division Chief Adam I. Miller SCLEA Attorney By: By: JoAnn Diaz Principal Human Resources Analyst By: Corey A. Miller SCLEA Attorney Sandy Henderson Senior Human Resources Analyst Approved as to form: Michael Gates City Attorney HB -182-Item 14. - 17 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (“SCLEA”) EXHIBIT A – SALARY SCHEDULE SCLEA MOU July 1, 2014 – September 30, 2015 11 6.75% Effective Beginning of the Pay Period Following City Council Approval of the MOU Job Code Classification Range A B C D E 0244/0521 Ocean Lifeguard I SCL377 15.27 16.11 16.99 17.93 18.92 0248/0504 Ocean Lifeguard II SCL415 18.44 19.45 20.52 21.65 22.84 0249/0439 Ocean Lifeguard III SCL430 19.87 20.96 22.11 23.32 24.61 246 Junior Guard Instructor I SCL390 16.28 17.18 18.13 19.12 20.17 0247/0573 Junior Guard Instructor II SCL415 18.44 19.45 20.52 21.65 22.84 0250/0477 Junior Lifeguard Program Coordinator I SCL460 23.08 24.35 25.68 27.09 28.59 0236/0476 Junior Lifeguard Program Coordinator II SCL488 26.54 28.00 29.54 31.16 32.88 Modified Salary Schedule Effective July 4, 2015 Job Code Classification Range A B C D E 0249/0439 Ocean Lifeguard III SCL430 22.11 23.32 24.61 25.96 27.39 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) 4% Effective Beginning of the Pay Period Following City Council Approval Job Code Classification Range A B C D E 0244/0521 Ocean Lifeguard I SCL377 15.88 16.75 17.67 18.65 19.68 0248/0504 Ocean Lifeguard II SCL415 19.18 20.23 21.34 22.52 23.75 0249/0439 Ocean Lifeguard III SCL430 22.99 24.25 25.59 27.00 28.49 0246 Junior Guard Instructor I SCL390 16.93 17.87 18.86 19.88 20.98 0247/0573 Junior Guard Instructor II SCL415 19.18 20.23 21.34 22.52 23.75 0250/0477 Junior Lifeguard Program Coordinator I SCL460 24.00 25.32 26.71 28.17 29.73 0236/0476 Junior Lifeguard Program Coordinator II SCL488 27.60 29.12 30.72 32.41 34.20 HB -183-Item 14. - 18 City Council Meeting – 07/17/17HB -184-Item 14. - 19 SCLEA Surf City Lifeguard Employees’ Association Seasonal/Recurrent Lifeguards 150+members 7 Classifications7 Classifications ▪Ocean Lifeguard I/II/III ▪Jr. Lifeguard Program Coordinator I/II ▪Jr. Lifeguard Program Instructor I/II Contract expired 09/30/2015 ▪Unit did not receive 2% non-base + 2% base-building adjustment in 2016 ▪80% of unit members not in CalPERS 2HB -185-Item 14. - 20 Agency Title Minimum Maximum LA County Ocean Lifeguard $24.52 $32.16 LongBeach Lifeguard $17.97 $24.51 Seal Beach Beach Lifeguard $18.17 $22.09 San Clemente Ocean Lifeguard $17.31 $21.04San Clemente Ocean Lifeguard $17.31 $21.04 Laguna Beach Ocean LifeguardI $17.78 $20.96 Newport Beach Lifeguard I $17.79 $20.59 Huntington Beach Ocean Lifeguard I $15.27 $18.92 HuntingtonState Beach Lifeguard I $14.75 $16.38 3HB -186-Item 14. - 21 Term –10/01/15 –12/31/17 4% COLA (Comparable to 2% non-base + 2% base-building adjustment received by HBFA/MEA/MEO/MSMA adjustment received by HBFA/MEA/MEO/MSMA in 2016 –POA received 2% +3%) Overtime Pay Labor Day and Memorial Day Estimated Cost -$105,000* (full year) Estimated cost for FY 16/17 - $36,800 4HB -187-Item 14. - 22 Dept. ID HR 17-005 Page 1 of 2 Meeting Date: 7/17/2017 Statement of Issue: The City and the Huntington Beach Firefighters’ Association (HBFA) have tentatively agreed to enter into a new Memorandum of Understanding (MOU) for the period July 1, 2017, through June 30, 2018. Financial Impact: Funding for the implementation of the fiscal items contained in the proposed Memorandum of Understanding will come from the General Fund. The fiscal impact for FY 2016/17 and FY 2017/18 is annually estimated by Finance to total $3,552. Recommended Action: Approve the “Tentative Agreement” and the introduction of the proposed “Memorandum of Understanding Between the Huntington Beach Firefighters’ Association and the City of Huntington Beach for the period July 1, 2017, through June 30, 2018.” Alternative Action(s): Do not approve the tentative agreement and the introduction of the proposed successor MOU for HBFA employees and direct staff to continue to meet and confer with the Association or utilize the impasse procedures contained within the City’s Employer-Employee Relations Resolution. Analysis: Representatives for the City and HBFA have been involved in active negotiations over a period of several months and have completed the meet and confer process with a tentative agreement on a proposed Memorandum of Understanding (MOU) for the period of July 1, 2017, through June 30, 2018. Highlights from the listing of tentatively agreed upon pay and benefit changes include the following: Non-Economic • Term – 07/01/17-06/30/18 • Direct Deposit – Employees shall utilize direct deposit CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 7/17/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Michele Warren, Director of Human Resources SUBJECT: Approval of Tentative Agreement and Introduction of Proposed Memorandum of Understanding (MOU) between the Huntington Beach Firefighters’ Association (HBFA) and the City of Huntington Beach for July 1, 2017, through June 30, 2018 HB -188-Item 15. - 1 Dept. ID HR 17-005 Page 2 of 2 Meeting Date: 7/17/2017 • Chief Officer/Fire Officer Certification – Course/Class updates per State of California requirements • Advanced Paramedic Certification – Establishment of American Heart Association and American Academy of Pediatrics standards • CalPERS Reporting – Add Title 2 CCR Section 571 (c) & (d) • Probationary Period – Establishing one (1) year probationary period Economic • Bereavement Leave – Adding son and daughter in-law to the list of covered family members • Minimum Staffing – Maintains shift-level minimum staffing language until 06/30/18 at which time the minimum staffing language shall expire. There were other appropriate modifications to a variety other provisions including, but not limited to, deletion of obsolete language, regulatory compliance language changes and, general clean-up language. Per the City’s Openness in Labor Negotiations Ordinance, the cost report for the Tentative Approval was posted online at least 30 days prior to the final MOU being acted upon by the City Council, which is scheduled for August 7, 2017. A summary of these and all other negotiated provisions are included in the proposed MOU as Exhibit “A.” Environmental Status: N/A Strategic Plan Goal: Enhance and maintain public safety Enhance and Maintain City Service Delivery Attachment(s): 1. Tentative Agreement 2. Fiscal Impact Report 3. Proposed Memorandum Of Understanding - Exhibit “A” 4. PowerPoint Presentation HB -189-Item 15. - 2 City of Huntington Beach's AND Huntington Beach Firefighters' Association TENTATIVE AGREEMENT June 22,2017 Article # Subject NON-Economic Items V(E)(10) (a) Special Certification Pay a. Advanced Paramedic Certification - AHA/AAP standard V(I) Reporting to CalPERS Rerporting to CalPERS - In the event that CalPERS challenges the City's report of any special compensation as compensation earnable and informs the City that it cannot not report the pay since it does not qualify as special compensation per Title 2 CCR section 571, the City is not obligated to continue to report the pay. This is provided for per Title 2 Section 571(c) & (d). VII (D) (2) (b) (1) Cash Out of Compensatory Time Reopener with changes only by mutual agreement of the parties VII (I) Probationary Period A. Probationary Period: 1. Length of the Probationary Period - Employees in the bargaining unit shall serve a probationary period when initially appointed to a position in the unit and also when they promote into a higher rank. The probationary period shall be one year from the time of initial appointment or promotion into a higher rank. Extension of the Probationary Period - 2. An employee who uses more than 120 hours of leave for any purpose by the last day of his/her probationary period will have his/her probationary period extended by the total amount of leave (paid or unpaid) used during the probationary period. Tentative Agreement June 7 XII(A) (1) (c) Vacation Conversion to Cash Reopener with changes only by mutual agreement of the parties XIV Term July 1, 2017 - June 30, 2018 XVI Successor Negotiations The parties agree to commence labor negotiations for a successor MOU no later than April 1, 2018. At that meeting, the parties shall discuss ground rules and meeting dates. Article # Subject Economic Items VIII(H) Minimum Staffing and 1. Minimum Staffing Levels - The City shall cause apparatus Filling to be staffed with sufficient employees to assure the safety of employees and the control of risk. For these purposes, the minimum staffing of apparatus shall be as defined by Policy D-14, Minimum Staffing and Filling of Vacancies, a copy of which is attached as Exhibit H and incorporated by reference herein. Vacancies: HB -190-Item 15. - 3 Carl Corbin, HBFA Negotiations Team Stuart Adams, Chief Negotiator Dave McBride, Fire 'Division Chief Peter Brown, Chief Negotiator HBFA a. For the duration of this MOU, on each shift, there will be on duty at all times a minimum number of 4 Firefighters, 16 Firefighter/Paramedics, 10 Fire Engineers, and 10 Fire Captains. This minimum staffing provision shall sunset at the expiration of this MOU on June 30, 2018, unless the parties agree to incorporate it into a successor MOU. b. If a Rank Paramedic is activated on a Paramedic Engine, the overall number of on-duty Firefighters will increase and the overall number of Firefighter/Paramedics will decrease for each Rank Paramedic. However, the total number of on-duty Paramedics will be no less than 16. X (4) Bereavement Employees shall be entitled to bereavement leave not to exceed two (2) work shifts for those employees on the twenty-four (24) hour work schedule, or three (3) work shifts for all other employees in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, children, registered domestic partner, grandfather, grandmother, step-father, step-mother, step-grandfather, step-grandfather, grandchildren, step-sisters, step-brothers, mother-in-law, father-in-law, in-laws of registered domestic partner, brother-in-law, sister-in-law, son -in-law, daughter-in-law, step-children, or wards of which the employee is the legal guardian. TENTATIVE AGREEMENT - 06/22/17 HB -191-Item 15. - 4 City of Huntington Beach HBFA Tentative Agreement dated June 22, 2017 Fiscal Impact Report Item #Description Estimate Notes: 1 Term: July 1, 20107 ‐ June 30, 2018 2 Minimum Staffing Language Maintain Article VII H 1 language 3 Bereavement Leave: Add Son/Daughter‐In‐Law 3,552$ Assumes a 48 hour shift for 1 FTE/year Subtotal Estimated Proposal Impact: 3,552$ These estimates are subject to change and represent Management's best estimate and analysis of the fiscal impact and costs of the above proposal, given the information that is available at this time. These estimates are subject to change.For Discussion Purposes Only.These estimates are subject to change.For Discussion Purposes Only.HB -192-Item 15. - 5 Tentative Agreement – June 22, 2017 Memorandum of Understanding Between The Huntington Beach Firefighters’ Association And The City of Huntington Beach July 1, 2017 through June 30, 2018 Deleted: October Deleted: 5 Deleted: 7 HB -193-Item 15. - 6 TABLE OF CONTENTS HBFA MOU July 1, 2017 – June 30, 2018 ii Deleted: October Deleted: 5 Deleted: 7 ARTICLE I - REPRESENTATIONAL UNIT/CLASSIFICATIONS ..................................................................................... 1 ARTICLE II – EXISTING CONDITIONS OF EMPLOYMENT ........................................................................................... 1 ARTICLE III - SEVERABILITY ............................................................................................................................................... 2 ARTICLE IV – SALARY SCHEDULES ................................................................................................................................... 2 ARTICLE V – SPECIAL PAY .................................................................................................................................................... 2 A. EDUCATION...................................................................................................................................................... 2 1. Incentive Plan ................................................................................................................................................................... 2 a. Level I ..................................................................................................................................................................... 2 b. Level II ................................................................................................................................................................... 2 c. Maximum Education Incentive Pay......................................................................................................................... 2 d. Degree Majors ........................................................................................................................................................ 3 e. Education Committee ............................................................................................................................................. 3 f. Effective Date ......................................................................................................................................................... 3 B. ACTING ASSIGNMENTS .................................................................................................................................... 3 C. ADMINISTRATIVE APPOINTMENTS .................................................................................................................. 3 1. Administrative Appointments .......................................................................................................................................... 3 2. Pay Upon Completion of Administrative Appointment ................................................................................................... 3 D. PAY UPON COMPLETION OF PARAMEDIC DUTIES ........................................................................................... 4 E. SPECIAL CERTIFICATION/SKILL PAY ............................................................................................................... 4 1. State Board of Fire Service Certification ......................................................................................................................... 5 2. Paramedic Re-certification ............................................................................................................................................... 4 3. Preceptors ......................................................................................................................................................................... 5 4. Firefighter Tiller Certification .......................................................................................................................................... 6 a. Tiller Certification .................................................................................................................................................. 6 b. Class A,B, C Driver License ................................................................................................................................... 6 c. Light Air Unit ......................................................................................................................................................... 6 5. Bilingual Skill Pay ........................................................................................................................................................... 5 6. Investigator ....................................................................................................................................................................... 7 7. Urban Search and Rescue (USAR) Team Assignment Pay ............................................................................................. 6 8. Hazardous Materials (Hazmat) Team Assignment Pay .................................................................................................... 7 9. Rank Paramedic Assignment Pay..................................................................................................................................... 7 10. Special Certification Pay .................................................................................................................................................. 7 F. HOLIDAY PAY-IN-LIEU .................................................................................................................................... 9 G. LONGEVITY PAY .............................................................................................................................................. 9 H. EMERGENCY MEDICAL TECHNICIAN PAY………………………………………………………………….. . 9 ARTICLE VI – UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT .......................................................................... 10 A. UNIFORMS PROVIDED BY CITY ...................................................................................................................... 10 B. UNIFORM ALLOWANCE/FITNESS ................................................................................................................... 10 C. UNIFORM CARE AND REPLACEMENT............................................................................................................. 11 D. UNIFORM POLICIES AND ADVISORY COMMITTEE ......................................................................................... 11 E. REPORTABLE TO PERS .................................................................................................................................. 10 ARTICLE VII – HOURS OF WORK/OVERTIME ............................................................................................................... 11 A. WORK SCHEDULE .......................................................................................................................................... 11 B. HOURS OF WORK - DEFINED .......................................................................................................................... 12 C. LEVEL PAY PLAN ........................................................................................................................................... 12 1. Twenty-four (24) Hour Shift Personnel ......................................................................................................................... 12 3. Lost Time Defined ......................................................................................................................................................... 12 4. Forty (40) Hour Work Week .......................................................................................................................................... 12 5. 4/10 Work Schedule Defined ......................................................................................................................................... 12 D. OVERTIME/COMPENSATORY TIME ................................................................................................................ 14 1. Paid Overtime ................................................................................................................................................................ 14 HB -194-Item 15. - 7 TABLE OF CONTENTS HBFA MOU July 1, 2017 – June 30, 2018 iii Deleted: October Deleted: 5 Deleted: 7 2. Compensatory Time ....................................................................................................................................................... 14 a. Non-Exempt.......................................................................................................................................................... 14 b. Staff Personnel ...................................................................................................................................................... 14 c. Compensatory Time Paid Off ............................................................................................................................... 15 3. Callback ......................................................................................................................................................................... 15 4. Mandatory Standby ........................................................................................................................................................ 15 5. Electronic Communication Devices ............................................................................................................................... 15 6. Required Training Attendance ....................................................................................................................................... 15 7. Cancellation of Overtime ............................................................................................................................................... 15 8. Court Time ..................................................................................................................................................................... 16 9. Pay out of Rank .............................................................................................................................................................. 15 E. JURY DUTY .................................................................................................................................................... 15 F. SHIFT EXCHANGE/RELIEF .............................................................................................................................. 16 G. ASSIGNED SHIFT POLICY ............................................................................................................................... 16 H. MINIMUM STAFFING AND FILLING VACANCIES ............................................................................................ 16 1. Minimum Staffing Levels .............................................................................................................................................. 17 ARTICLE VIII – HEALTH AND OTHER INSURANCE BENEFITS ................................................................................ 18 A. HEALTH INSURANCE ...................................................................................................................................... 16 B. ELIGIBILITY CRITERIA AND COST ................................................................................................................. 18 1. City Paid Medical Insurance – Employee and Dependents ............................................................................................ 18 2. Employer Contribution to Health and Other Insurance Benefits .................................................................................... 16 C. PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT (PEMHCA) OPTION ......................................... 24 D. MEDICAL CASH-OUT ..................................................................................................................................... 24 E SECTION 125 PLAN ........................................................................................................................................ 24 F. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT ............................................................................... 24 1. Life ................................................................................................................................................................................. 24 2. Accidental Death and Dismemberment .......................................................................................................................... 25 G. LONG TERM DISABILITY ................................................................................................................................ 25 H. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL RETIREE SUBSIDY PLAN ........... 25 I. POST-65 SUPPLEMENTAL MEDICARE COVERAGE ......................................................................................... 25 J. MISCELLANEOUS ........................................................................................................................................... 26 ARTICLE IX – RETIREMENT ............................................................................................................................................... 26 A. BENEFITS ....................................................................................................................................................... 23 1. Public Employees’ Retirement System .......................................................................................................................... 23 2. Self-Funded Supplemental Retirement Benefit .............................................................................................................. 24 3. Medical Insurance for Retirees....................................................................................................................................... 27 B. REINSTATEMENT PRIVILEGES FOR DISABILITY RETIREES ............................................................................ 28 ARTICLE X – LEAVE BENEFITS .......................................................................................................................................... 29 A. LEAVE WITH PAY ........................................................................................................................................... 29 1. Vacation ......................................................................................................................................................................... 29 a. Accrual ................................................................................................................................................................. 29 b. Eligibility and Permission ..................................................................................................................................... 29 c. Conversion to Cash ............................................................................................................................................... 30 d. Pay-Off at Termination ......................................................................................................................................... 30 2. Sick Leave ...................................................................................................................................................................... 30 a. Accrual ................................................................................................................................................................. 30 b. Pay-Off at Termination ......................................................................................................................................... 31 c. Utilization in Conjunction with Industrial Disability Leave ................................................................................. 31 13. Leave Benefit Entitlements ............................................................................................................................................ 31 4. Bereavement ................................................................................................................................................................... 31 5. Association Business ...................................................................................................................................................... 31 ARTICLE XI – CITY RULES .................................................................................................................................................. 31 HB -195-Item 15. - 8 TABLE OF CONTENTS HBFA MOU July 1, 2017 – June 30, 2018 iv Deleted: October Deleted: 5 Deleted: 7 A. PERSONNEL RULES ........................................................................................................................................ 31 B. PRECEDENCE OF AGREEMENT ....................................................................................................................... 32 C. DISCIPLINE ..................................................................................................................................................... 32 D. LAYOFF RULES .............................................................................................................................................. 32 ARTICLE XII - MISCELLANEOUS ....................................................................................................................................... 32 A. FIRE DEPARTMENT PROMOTIONAL EXAMS – POLICY D-10 ......................................................................... 32 B. LIVING QUARTERS ......................................................................................................................................... 32 C. PAYCHECKS ................................................................................................................................................... 32 1. Bi-Weekly Pay ............................................................................................................................................................... 32 2. Paycheck Stub ................................................................................................................................................................ 32 3. Direct Deposit ................................................................................................................................................................ 32 4. Vacation Payroll Advance .............................................................................................................................................. 32 D. CA DRIVER LICENSE FOR FIREFIGHTING EQUIPMENT .................................................................................. 32 E. DEFERRED COMPENSATION LOAN PROGRAM ............................................................................................... 33 ARTICLE XIII – MANAGEMENT RIGHTS ......................................................................................................................... 33 ARTICLE XIV – TERM OF MOU .......................................................................................................................................... 34 ARTICLE XV - CITY COUNCIL APPROVAL ..................................................................................................................... 35 ARTICLE XVI - SUCCESSOR NEGOTIATIONS ................................................................................................................ 35 EXHIBIT A – EMPLOYER-EMPLOYEE RELATIONS RESOLUTION .......................................................................... 36 EXHIBIT B - SALARY SCHEDULE ....................................................................................................................................... 37 EXHIBIT C – RETIREE SUBSIDY MEDICAL PLAN ......................................................................................................... 41 EXHIBIT D – TILLER CERTIFICATION ............................................................................................................................. 46 EXHIBIT E – INCOME PROTECTION PLAN ..................................................................................................................... 47 EXHIBIT F – 56-HOUR VACATION AND SICK LEAVE ACCRUAL – LEAVE BENEFITS (EXAMPLE) ................ 48 EXHIBIT G - POLICY D-14, MINIMUM STAFFING AND FILLING OF VACANCIES ............................................... 50 EXHIBIT H - FIREFIGHTERS' RIGHTS TO APPEAL DISCIPLINARY ACTION ……………………………………54 HB -196-Item 15. - 9 MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) and THE HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION (Hereinafter called ASSOCIATION or HBFA) July 1, 2017 through June 30, 2018 ARTICLE I - REPRESENTATIONAL UNIT/CLASSIFICATIONS A. It is recognized that the Huntington Beach Firefighters’ Association is the employee organization, which has the right to meet and confer in good faith with the City on behalf of employees of the City of Huntington Beach within the following classifications: Administrative Fire Captain Firefighter Fire Captain Firefighter Paramedic Fire Engineer Administrative Fire Captain* *Administrative Appointment Administrative Fire Captain B. The City and Association have agreed to a procedure whereby the City, by and through the Human Resources Director, would be entitled to propose a Unit Modification. This agreement, Exhibit A, consists of a modification of the City of Huntington Beach Employer- Employee Relations Resolution (Resolution Number 3335). The City hereby agrees not to propose a unit modification of the existing Association unit. ARTICLE II – EXISTING CONDITIONS OF EMPLOYMENT A. Except as expressly provided herein, the existing wages, hours, and other terms and conditions of employment within the lawful scope of representation of the Association that are contained in prior Memoranda of Understanding between the parties hereto and which are currently applicable to employees covered herein, shall remain in full force and effect. B. When used in this Memorandum of Understanding (MOU), the word “staffing” shall have the same meaning as the word “manning” and are used interchangeably. Deleted: October Deleted: 5 Deleted: 7 HB -197-Item 15. - 10 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 2 Deleted: October Deleted: 5 Deleted: 7 ARTICLE III - SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this MOU or any additions or amendments thereof, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this MOU or its application to other persons. The City Council hereby declares that it would have adopted this MOU and each section, subsection, sentence, clause, phrase or portion, and any additions or amendments thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions, or the application thereof to any person, be declared invalid or unconstitutional. ARTICLE IV – SALARY SCHEDULES For each year of this MOU, the base salary of each classification represented by the Association shall be as set forth in the Salary Schedules, Exhibit B. All employees are required to utilize direct deposit of payroll checks. The City shall issue each employee direct deposit advice (payroll receipt) each pay period that details all income, withholdings, and deductions. ARTICLE V – SPECIAL PAY A. Education: 1. Incentive Plan – It is the purpose and intent of the City to provide an Education Incentive Plan to motivate the employee to participate in, and continue with his/her education so as to improve his/her knowledge and general proficiency which will, in turn, result in additional benefits to the Fire Department and to the City. As the levels of additional education listed below are satisfactorily completed and attained, the employee will receive additional monetary compensation in recognition of his/her educational achievement. a. Level I – Any employee who has attained an Associate Degree, or attained Junior status in a degree program, shall receive educational incentive pay of three percent (3%) of his/her base rate of pay. An employee may only receive this education incentive pay for one degree. b. Level II – Any employee who has attained a Bachelor’s Degree in Fire Ad ministration, Public Administration, Public Policy or an equivalent degree as determined by the Education Committee and Fire Chief will receive education incentive pay of six percent (6%) of his/her base rate of pay. An employee may only receive this education incentive pay for one degree. c. Maximum Education Incentive Pay - The maximum education incentive pay an employee may receive is six percent (6%) of his/her base rate of pay for a Bachelor’s Degree. . Deleted: Wage Increases: Formatted: Indent: Left: 0.25", No bullets or numbering, Tab stops: Not at 0.75" Deleted: Effective at the beginning of the pay period which includes October 1, 2016, all bargaining unit employees shall receive a two percent (2%) base salary increase. ¶ HB -198-Item 15. - 11 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 3 Deleted: October Deleted: 5 Deleted: 7 d. Degree Majors – Degree majors in an equivalent course of study other than Fire Science, Fire Administration, Public Administration or Public Policy shall be approved in advance by the Education Committee. e. Education Committee – An Education Committee shall be established and composed of three (3) members. Of said three (3) members, one shall be appointed by the Association, one appointed by the Fire Chief, and the third shall be the Human Resources Director. f. Effective Date – Following certification by the Education Committee, the additional education incentive pay shall commence the beginning of the pay period following the employee’s submission of a completed application that qualifies for education incentive pay. The parties agree that to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Educational Incentive Pay. B. Acting Assignments – Employees acting in a higher classification shall be qualified as defined within Department Policy. Employees shall be paid at the step in the classification in which they are acting which provides them with at least a 5% increase. The acting assignment shall end at the discretion of the City. The parties agree that to the extent permitted by law, Acting Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(3) Temporary Upgrade Pay. C. Administrative Appointments: 1. Administrative Appointments – The City may, from time to time, administratively appoint employees to administrative or specialist positions. Employees so appointed to the positions of Captain Paramedic, Engineer Paramedic, or Administrative Fire Captain, shall serve at the discretion of the Fire Chief and may be returned to their regular position at any time as determined by the Fire Chief. An administrative appointment shall not affect the employee’s regular classification or rank. Persons administratively appointed shall retain their highest previous permanent classification and the anniversary date of their appointment to the permanent classification. 2. Pay Upon Completion of Administrative Appointment: a. An employee administratively appointed to the positions of Captain Paramedic; Engineer Paramedic, or Administrative Fire Captain, who is subsequently voluntarily or involuntarily reassigned to a position within their permanent classification with a lower rate of pay, shall receive a two (2) step reduction in pay to initially coincide with their reduced assignment and at each anniversary date of the original reduction thereafter, until their rate of pay equals the rate of pay entitled as if they had not received the administrative appointment. b. An employee administratively appointed to the positions of Captain Paramedic, Engineer Paramedic, or Administrative Fire Captain who has completed four (4) HB -199-Item 15. - 12 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 4 Deleted: October Deleted: 5 Deleted: 7 years of service in the appointed or any other appointed parallel position, may request to return to their permanent classification, and shall within one (1) year thereafter, be entitled to return to his/her permanent classification. The pay rate changes associated with the appointment or reappointment shall follow the process and procedures established for all positions within the classified service. c. This section shall not apply to demotions or layoffs. D. Pay Upon Completion of Paramedic Duties - Any Firefighter Paramedic with a minimum of five (5) years of continuous service as a Paramedic may request reinstatement to his/her previously held classification. Such request must be submitted in writing to the Fire Chief at least one (1) year prior to the date of the requested reinstatement. Upon reinstatement, if the employee’s current base salary is equivalent to or in excess of Step E of the respective Firefighter salary range, his/her salary will be set at Step E of the respective Firefighter salary range. If the employee’s Paramedic salary is less than Step E, his/her salary shall be set at a step in the range closest to his/her existing current base salary. This section shall not apply to demotions or layoffs. E. Special Certification/Special Assignment Skill Pay: 1. Special Certification Pay a. Chief Officer Certification – Employees in the classifications of Fire Captain and Administrative Fire Captain who are certified by the California State Board of Fire Services as a Chief Officer or who have completed the Chief Fire Officer courses and additional classes set forth in section c. below shall receive special certification pay of three percent (3%) of their base rate of pay. The parties agree that, to the extent permitted by law, this Chief Officer Certification pay is special compensation and shall be reported as such to PERS pursuant to Title 2 CCR Section 571(a)(2) as Recertification Bonus. b. Fire Officer Certification – Employees in the classifications of Firefighter, Firefighter Paramedic, and Fire Engineer who are certified by the California State Board of Fire Services as a Fire Officer or who have completed the CompanyOfficer courses and additional classes set forth in section d. below shall receive special certification pay of three percent (3%) of their base rate of pay. The parties agree that, to the extent permitted by law, this Fire Officer Certification pay is special compensation and shall be reported as such to PERS pursuant to Title 2 CCR Section 571 (a)(2) as Recertification Bonus. c. Chief Fire Officer Courses/Classes: 1) Chief Fire Officer 3A: Human Resources Management 2) Chief Fire Officer 3B: General Administration Functions 3) Chief Fire Officer 3C: Budget and Fiscal Responsibilities Formatted: Font: (Default) Times New Roman Formatted: Indent: First line: 0.5" Formatted: Justified, Indent: Left: 0.69", Hanging: 0.31" Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Justified, Indent: Left: 0.5", Hanging: 0.5" Formatted: Font: (Default) Times New Roman Formatted: Justified, Indent: Left: 0.69", Hanging: 0.31" Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Justified, Indent: Left: 0.5", Hanging: 0.5" Formatted: Justified, Indent: Left: 0.69", Hanging: 0.31" Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Justified, Indent: Left: 0.5", Hanging: 0.5" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Indent: Left: 1" HB -200-Item 15. - 13 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 5 Deleted: October Deleted: 5 Deleted: 7 4) Chief Officer 3D: Emergency Service Delivery Responsibilities Completion of additional courses 1) S234: Ignition Operations 2) S270: Basic Air Operations 3) AR330: Strike Team Leader 4) S404: Safety Officer d. Company Officer Courses/Classes 1) Company Officer 2A: Human Resources Management 2) Company Officer 2B: General Administration Functions 3) Company Officer 2C: Fire Inspections and Investigations 4) Company Officer 2D: All-Risk Command Operations 5) Company Officer 2E: Wildland Incident Operations 6) Instructor I: Instructional Methodology, and Completion of additional courses 1) I300: Incident Command System 300 2) S230: Crew Boss 3) S231: Engine Boss 4) S290: Intermediate Wildland Behavior – Classroom Version 1. State Board of Fire Service Certification - Any employee in a position that did not require certification as a condition of employment, and who at any time has been or becomes certified by the State Board of Fire Services in a classification then occupied, shall be entitled, upon request, to a lump sum cash payment of two hundred fifty dollars ($250). Each employee may only receive one such payment irrespective of the number of times he/she is certified in any position. 2. Paramedic Re-certification - Each time a Firefighter Paramedic assigned as a Firefighter Paramedic is re-certified by the State of California as a Paramedic, the Firefighter Paramedic shall be entitled to a lump sum cash payment of five hundred dollars ($500). Each time a Fire Captain or Fire Engineer is re-certified by the State of California as a paramedic, the employee shall be entitled to a lump sum cash payment of five hundred dollars ($500). Eligible employees are Fire Engineers or Fire Captains who currently possess a State of California Paramedic License and/or are re-certified by the State of California as a Paramedic to practice as a Paramedic. Re-certification pay for Captains and Engineers shall be limited to thirty (30) positions. The City will allow Fire Engineers and Fire Captains who are certified by the State of California as a paramedic to maintain local (Orange County) accreditation and to practice as a paramedic based upon established department standards. Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Indent: Left: 0.5", First line: 0.5" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Indent: First line: 0.5" Formatted: Indent: Left: 1" Formatted: Font: (Default) Times New Roman Formatted: List Paragraph, Indent: Left: 0.69", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.88" + Tab after: 1.19" + Indent at: 1.19", Tab stops: 1", List tab + Not at 1.19" Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Indent: First line: 0.5" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Indent: Left: 0.5", First line: 0.5" Formatted: Indent: Left: 0.5", First line: 0.5" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Indent: First line: 0.5" Formatted: Indent: Left: 0.5", First line: 0.5" Deleted: ¶ HB -201-Item 15. - 14 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 6 Deleted: October Deleted: 5 Deleted: 7 The parties agree that to the extent permitted by law, Paramedic Recertification Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Paramedic Pay. 3. Preceptors - Firefighter Paramedics who possess the qualifications necessary to be a preceptor and are assigned preceptor duties by the Fire Chief or his/her sworn designee shall be paid a special pay of 5.34% of the base hourly rate of Firefighter Step E for each hour worked. It is the intention to provide all eligible Firefighter Paramedics the same dollar value in this special pay. For employees who are appointed as a new Firefighter Paramedic, the preceptor partner (i.e., the employee receiving preceptor pay) shall receive preceptor pay until the end of the first probationary rotation. The Fire Chief or designee may request the preceptor duties and the associated preceptor pay be extended after the first rotation for a designated term. For an internally promoted Firefighter Paramedic, not more than two persons on each crew may receive preceptor pay. The parties agree that to the extent permitted by law, Preceptor Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Training Premium. 4. Firefighter Tiller Certification - Firefighters who obtain and maintain the certifications and qualifications as outlined in (a) through (c) below shall receive a special pay of 1.78% of the bi-weekly base rate of Firefighter Step E. It is the intention to provide all eligible Firefighters the same dollar value in this special pay - Firefighter Step E. a. Tiller Certification – Obtain and maintain Huntington Beach Tiller Certification. The parties agree that to the extent permitted by law, Tiller Certification Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Tiller Premium. b. Class A. B, C Driver License – Obtain and maintain a minimum of a valid Class A, Class B or Class C California driver license with firefighter endorsement or Class B restrictive California driver license. c. Light Air Unit – Ability to drive and operate, the Light Air Unit as required, and identified in Exhibit D. The parties agree that to the extent permitted by law, Light Air Unit Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Tiller Premium. 5. Bilingual Skill Pay - Employees who are qualified may be called upon to use Spanish, Vietnamese, or American Sign Language skills shall be paid an additional five percent (5%) of their base rate of pay in addition to their regular bi-weekly salary. Additional languages may be approved at the discretion of the City Manager. HB -202-Item 15. - 15 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 7 Deleted: October Deleted: 5 Deleted: 7 Employees may accept assignments utilizing bilingual skills in Japanese or other languages on a short-term assignment with approval by the City Manager. Such employees shall receive the additional five percent (5%) of their base rate of pay for the pay period that the assignment is in effect. In order to be qualified and certified for said compensation, employee's language proficiency will be tested and certified by the Human Resources Director or designee. Basic conversational proficiency will be evaluated based on response to a scenario driven oral evaluation. Human Resources will notify candidates of the results of the oral evaluation. If the candidate’s attempt is unsuccessful, he/she may repeat the process in six (6) months’ time from the date of the previous exam. Bilingual skill pay shall begin the first day of the pay period following certification. Employees certified and receiving bilingual skill pay for American Sign Language shall be required to re-certify bilingual skills with the Human Resources Director or designee every five (5) years. The parties agree that to the extent permitted by law, Bilingual Skill Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium. 6. Investigator: a. Level I Arson Investigators are appointed by the Fire Chief. Level I Arson Investigators are Level II Arson Investigator trainees. Level I Arson rate is 4.6% above a Firefighter Paramedic 40-hour rate at time and one-half. 1) Level I Arson Investigators assigned to an incident while off duty will be compensated the full Level I Arson Investigator rate. 2) Level I Arson Investigators assigned to an incident while on duty will be compensated the difference between their current hourly rate and the current Arson Level I Investigator rate (differential). b. Level II Arson Investigators are appointment by the Fire Chief. The Level II Arson Investigator rate is 11% above the Arson Level I Investigator rate. 1) Level II Arson Investigators assigned to an incident while off duty will be compensated the full Level II Arson Investigator rate. 2) Level II Arson Investigators assigned to an incident while on duty will be compensated the difference between their current hourly rate and the current Arson Level II Investigator rate (differential). The parties agree that to the extent permitted by law, Investigator Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Fire Investigator Premium. 7. Urban Search and Rescue (USAR) Team Assignment Pay: HB -203-Item 15. - 16 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 8 Deleted: October Deleted: 5 Deleted: 7 a. Employees certified and assigned to a Type 3 (Light Duty) USAR team shall receive special assignment pay of one percent (1%) of their base rate of pay. b. Employees certified and assigned to a Type 2 (Medium Duty) USAR team shall receive special assignment pay of three percent (3%) of their base rate of pay. c. Employees certified and assigned to a Type 1 (Heavy Duty) USAR team who are qualified and regularly assigned to the Team (not to exceed 24 employees) shall receive special assignment pay of five percent (5%) of their base rate of pay. The parties agree that to the extent permitted by law, USAR Team Assignment Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Hazard Premium. 8. Hazardous Materials (Hazmat) Team Assignment Pay: a. Employees assigned to the Hazmat team as a Hazmat Technician shall receive special assignment pay of five percent (5%) of their base rate of pay. b. Employees assigned to the Hazmat team as a Hazmat Specialist shall receive special assignment pay of seven and one-half percent (7.5%) of their base rate of pay. The parties agree that to the extent permitted by law, Hazmat Team Assignment Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Hazard Premium. 9. Rank Paramedic Assignment Pay – Employees in the classification of Fire Engineer and Fire Captain who are assigned to perform paramedic duties shall receive special assignment pay of fourteen percent (14%) of their base rate of pay. The parties agree that to the extent permitted by law, Rank Paramedic Assignment Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Paramedic Pay. 10. Special Certification Pay - Employees who are licensed paramedics and have obtained the following special certifications shall receive special certification pay as follows: a. Advanced Paramedic Certification – Each employee who possesses a current certification of (1) Advanced Cardiac Life Support through the American Heart Association, (2) Pediatric Advanced Life Support through the American Heart Association or Pediatric Education for Pre-hospital Personnel through the American Heart Association and (3) Pre-Hospital Trauma Life Support or Basic Trauma Life Support shall receive special certification pay of one percent (1%) of their base rate of pay. Any licensed Paramedic who did not acquire their advance Paramedic certifications through the American Heart Association prior to July 1, 2017 and was receiving this special certification pay, shall continue to receive the pay, but must meet the Deleted: The parties agree that to the extent permitted by law, Advanced Paramedic Certification is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Paramedic Pay. HB -204-Item 15. - 17 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 9 Deleted: October Deleted: 5 Deleted: 7 requirements herein when their current certification expires in order to continue to receive the pay. Employees who did not acquire their Advanced Paramedic certifications through the American Heart Association prior to July 1, 2017, but have obtained the special certifications through other providers, and have submitted for this special certification pay, shall receive the pay. However, they must meet the requirements herein when their current certification expires in order to continue to receive the pay. The parties agree that to the extent permitted by law, Advanced Paramedic Certification is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Paramedic Pay. All special certification/special assignment/skill pay provided in Article V (E) shall be effective the beginning of the first full pay period following certification. The certification process shall be as follows: 1. The employee shall complete an Official Report including evidence that he/she has completed all required courses necessary to receive the certifications noted above. 2. Upon approval of the Fire Chief, the Official Report shall be submitted to the Education Committee for approval. 3. The effective date of the certification pays as defined above shall begin as defined in Article V.A.1.f. F. Holiday Pay-In-Lieu - Employees shall be compensated by the City in-lieu of the ten (10) listed holidays at their appropriate assigned work schedule rate, either at a forty-hour (40) or fifty-six hour (56) workweek. Employees assigned to the 40-hour workweek shall be compensated eight (8) hours per holiday. Employees assigned to the 56-hour workweek shall be compensated eleven hours and twelve minutes (11.2) hours per holiday. Personnel who change from a fifty-six (56) hour schedule to a forty (40) hour schedule shall multiply the existing hours by .7143. Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their existing hours by .7143. The following are the recognized legal holidays under this MOU: 1. New Year’s Day (January 1) 2. Martin Luther King’s Birthday 3. President’s Day (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veterans’ Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. Friday after Thanksgiving 10. Christmas Day (December 25) Deleted: <#>Chief Officer Certification – Employees in the classifications of Fire Captain and Administrative Fire Captain who are certified by the California State Fire Marshal’s Office as Chief Officer shall receive special certification pay of three percent (3%) of their base rate of pay. The parties agree that to the extent permitted by law, Chief Officer Certification is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) as Recertification Bonus.¶ ¶ <#>Fire Officer Certification - Employees in the classifications of Firefighter, Firefighter Paramedic, and Fire Engineer who are certified by the California State Fire Marshal’s Office as Fire Officer shall receive special certification pay of three percent (3%) of their base rate of pay. The parties agree that to the extent permitted by law, Fire Officer Certification is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) as Recertification Bonus.¶ HB -205-Item 15. - 18 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 10 Deleted: October Deleted: 5 Deleted: 7 Any day declared by the President of the United States to be a national holiday, or by the Governor of the State of California to be a State holiday, and adopted as an employee holiday by the City Council of Huntington Beach. The parties agree that to the extent permitted by law, Holiday in Lieu Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5) Statutory Items. G. Longevity Pay - All employees with the following full time, continuous service in the City of Huntington Beach shall receive the following longevity pay: 1. Five (5) years or more, but less than ten (10) years, of service shall receive longevity pay equal to 2.5% of base salary as set forth in Exhibit B. 2. Ten (10) years or more, but less than twenty (20) years, of service shall receive longevity pay equal to 5% of base salary as set forth in Exhibit B. 3. Twenty (20) years or more of service shall receive longevity pay equal to 7.5% of base salary as set forth in Exhibit B. The parties agree that to the extent permitted by law, Longevity Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1) Longevity Pay. H. Emergency Medical Technician Pay –All employees in the unit who possess an Emergency Medical Technician (EMT) certification shall receive one and sixty-seven one hundredths percent (1.67%) of base salary. The parties agree that to the extent permitted by law, Emergency Medical Technician (EMT) Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Emergency Medical Technician Pay. I. Reporting to CalPERS – In the event that CalPERS challenges the City’s report of any special compensation as compensation earnable and informs the City that it cannot not report the pay since it does not qualify as special compensation per Title 2 CCR section 571, the City is not obligated to continue to report the pay. This is provided for per Title 2 Section 571(c) & (d). ARTICLE VI – UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. Uniforms Provided by City – The City will provide all employees with uniforms as described in the most current Policy C-2 (Uniforms) executed by the City and HBFA. B. Uniform Allowance/Fitness – The City shall provide each employee who participates in the Fire Department’s current physical fitness program, Policy D-9, one hundred fifty dollars ($150) per fiscal year for the purchase of physical fitness uniforms and physical fitness shoes, payable in the first payroll period of December. New employees must actively participate a minimum of 90 days prior to December 1st to be eligible for the December uniform allowance. Formatted: Underline Formatted: Outline numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 7 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5" Formatted: Keep with next, Tab stops: 0.75", Decimal aligned + 1", Left + Not at 0.25" + 0.5" HB -206-Item 15. - 19 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 11 Deleted: October Deleted: 5 Deleted: 7 C. Uniform Care and Replacement: 1. The City at no cost to the employee, shall replace any uniforms with the exception of the physical fitness uniforms that are destroyed, become unacceptable, or were damaged by circumstances involving the Firefighter’s regular work while on duty. 2. The uniforms described in paragraph A of this Article and Policy C-2 (Uniforms) shall be replaced by the City whenever the Fire Chief or his/her sworn designee determines that such replacement is necessary. 3. The employee shall be responsible for the preservation and cleaning of all uniforms. 4. All uniforms and equipment furnished by the City, with the exception of T-shirts, shall remain the property of the City and be returned or replaced if the employee terminates. D. Uniform Policies and Advisory Committee: 1. The present uniform and clothing policies, as delineated in this Article, shall remain in effect until the Fire Chief or his/her sworn designee and the Association mutually agrees on a new uniform system and on the date of implementation. On said implementation date, all safety clothing and uniforms required by the City to be worn by employees during working hours shall meet all applicable State and Federal regulations relating to said clothing and, with the exception of station uniforms, be of a high quality, fire resistant material. 2. A uniform advisory committee composed of two (2) members appointed by the Association and two (2) representatives appointed by the Fire Chief, shall make recommendations on the uniforms to be worn, the method of said uniforms will be provided and obtained and further recommendations on safety clothing and uniforms may be required during the term of this MOU. E. Reportable to PERS - The City will report as special compensation, in accordance with Title 2, California Code of Regulations, Section 571(a)(5) to the California Public Employees’ Retirement System (CalPERS), for each classification the average annual cost of uniforms provided by the City as well as the physical fitness uniform described in Subsection (B). For employees who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms shall apply. Upon request, the City will inform HBFA of the amounts reported as special compensation under this provision. For “new members” as defined by the Public Employees’ Pension Reform Act of 2013, the cost of uniforms will not be reported as compensation earnable to CalPERS. ARTICLE VII – HOURS OF WORK/OVERTIME A. Work Schedule: HB -207-Item 15. - 20 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 12 Deleted: October Deleted: 5 Deleted: 7 1. All twenty-four (24) hour shift employees shall work an average of fifty-six (56) hours per week pursuant to the current schedule of five (5) twenty-four (24) hour shifts in a fifteen (15) day period with six (6) consecutive days off. 2. All twenty-four (24) hour shift employees shall be on a fifteen (15) day work period consistent with the 7(K) exemption set forth in the Fair Labor Standards Act (FLSA). 3. Fire Prevention staff and administrative work schedules are to be forty (40) hours per week on a four (4) day workweek, ten (10) hours per day, twenty eight (28) day 7(K) FLSA work period. B. Hours of Work - Defined: 1. Hours worked shall be defined as actual time worked, approved vacation, sick leave, compensatory time off, bereavement leave, and industrial injury or illness leave, with the exception of exchange of shift not being included. 2. Exchange of shifts (aka as shift trades) shall occur at 0800 hours each day and comply with Fire Department Rules and Regulations, Policy B-2. 3. Meal periods are paid as hours worked for personnel who are subject to call for emergency duty. 4. The maximum time allowed within the forty (40) hour workweek (for employees assigned to work 40 hours per week) schedule for physical fitness shall not exceed four (4) hours within any given workweek. All physical fitness activities considered to be work activities shall be conducted on duty at the fire stations or as provided in the current fitness policy D-9. Fitness activities shall be conducted under supervision as appropriate. 5. An employee who is held over beyond the end of his/her regular shift shall be compensated for the actual time he/she is required to remain on duty, computed to nearest quarter (1/4) hour. If an employee works seven minutes or less, the time will be rounded down and if eight minutes or more will be rounded up to the nearest quarter (1/4) hour. 6. Exchanges of time (aka shift trades) count as hours worked for the employee whose shift was worked, not for the employee who worked the shift . These hours count as hours worked for FLSA purposes only. 7. An employee shall be considered to be working if he/she is ordered to duty by the Fire Chief or his/her sworn designee. C. Level Pay Plan: 1. Twenty-four (24) Hour Shift Personnel – The 15 day FLSA work period for each employee shall begin at 8 a.m. on the first shift worked by the A shift following six days HB -208-Item 15. - 21 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 13 Deleted: October Deleted: 5 Deleted: 7 off. All hours worked in excess of 114 hours in an FLSA work period shall be compensated at the premium rate (one and one half times the regular rate of pay). All regularly scheduled non “lost time” hours shall be counted as hours worked. Each employee assigned to twenty-four hour shifts for a full FLSA work period shall receive 106.4 hours of regular pay and 5.6 hours at the overtime rate of pay, as defined in subsection D.1.a.of this Article, in each bi-weekly pay period, which shall compensate the employee for FLSA overtime for regularly scheduled shift work. The intent of this system is that all FLSA overtime hours worked shall be compensated by the first payday following the end of the 15 day FLSA work period. In the event that an employee receives FLSA overtime on a payday before that employee has actually worked FLSA overtime hours, the amount received shall be credited for FLSA purposes toward the next occasion on which the employee works FLSA overtime. If an employee who is paid FLSA overtime in advance of working FLSA hours leaves City employment, there shall be an adjustment in his/her final paycheck to reflect such advance payment. 2. In addition to the overtime pay as provided in subsection 1 above, twenty-four (24) hour shift employees shall receive pay at the overtime rate for hours worked in excess of regularly scheduled hours unless the employee has “lost time” in a regularly scheduled shift. If there is “lost time” in any regularly scheduled shift, the employee shall receive overtime pay for only those overtime hours worked in excess of the number of lost time hours in the bi-weekly pay period. 3. Lost Time Defined – “Lost time” is defined as time when the employee does not work when regularly scheduled to do so and does not receive a leave of absence with pay. 4. Forty (40) Hour Work Week – Personnel who are not assigned to twenty-four hour shifts but are assigned to work forty (40) hours per week shall have a twenty-eight (28) day FLSA work period, which shall correspond to exactly two City pay periods and shall begin at the same time as a City pay period. Forty (40) hour personnel shall continue to receive overtime pay for working hours in excess of their regularly scheduled hours. 5. 4/10 Work Schedule Defined – The 4/10 work schedule shall be defined as working four (4) days at ten (10) hours per day in an FLSA designated work week. Meal periods are regarded as hours worked for personnel who are subject to call for emergency duty. All employees on the 4/10 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Manager, Department Head or designee may require such service from said employees. HB -209-Item 15. - 22 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 14 Deleted: October Deleted: 5 Deleted: 7 D. Overtime/Compensatory Time Off: 1. Paid Overtime: a. All employees covered by this MOU shall be eligible for overtime pay at one and one-half (1½) times their regular rate of pay, as defined by the FLSA, for all actual work performed in excess of the employees’ scheduled hours in their declared work period. Employees assigned to fire suppression duties are scheduled to work 120 hours in the declared 15 day FLSA work period. b. Any employee who works overtime in either a higher or lower classification shall be compensated at the rate of pay consistent with the classification worked. However, if an employee is force hired to work in a lower classification (e.g., a Fire Engineer is force hired to work as a Firefighter) the employee shall be compensated at the rate attendant to his/her regular classification. c. The City will maintain and adhere to the overtime system as set out in the most current Policy D-3 executed by the parties. The overtime system and/or Policy D-3 may be modified by mutual agreement of the parties at any time during the term of the MOU. 2. Compensatory Time Off: a. Non-Exempt – All overtime worked by non-exempt employees shall be compensated at the employee’s overtime rate of pay and shall not be compensated by compensatory time off. b. Staff Personnel – For all employees in the classification of Administrative Fire Captain, in lieu of compensation by cash payment for overtime as provided in this Article, such employees may, at their option and with the approval of the Fire Chief or designee, be compensated by compensatory time off at time and one half for each overtime hour worked. 1) Compensatory time off may be accumulated to a maximum of one hundred- twenty (120) hours. Compensatory time off may be taken on an hour-for- hour basis, with the approval of the Fire Chief or his/her sworn designee. Permission shall be granted unless granting the request will unduly disrupt the Department, or unless denying the request will violate the FLSA. Upon his/her request, any employee may elect to convert all or a portion of compensatory time to a cash payment at the employee’s regular rate of pay. Any such payment shall be made on the next regular payday, following the request, provided the request is made by the end of the previous payroll period. The parties agree that during the term of this MOU, either party can reopen negotiations on the limited subject of when, during the year, an employee may make an election to cash out of compensatory time. Any agreement must be mutually agreed to by the parties. HB -210-Item 15. - 23 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 15 Deleted: October Deleted: 5 Deleted: 7 2) Compensatory time off may not be received in lieu of a cash payment for time worked during major emergencies when, in the opinion of the Fire Chief or his/her sworn designee, the City may be eligible for reimbursement from another agency for said cash payment. c. Compensatory Time Paid Off – Immediately prior to the time of any change in the salary schedule, any accumulated time, which has not been used or paid off, shall be eligible to be paid in cash at the regular rate of pay based upon the salary schedule for forty (40) hour per week personnel in effect prior to the change. 3. Callback – Employees who are ordered to return to duty on other than their regularly scheduled shift shall receive a minimum of two (2) hours compensation at the employee’s overtime rate of pay. 4. Mandatory Standby – Any employee may be placed on “mandatory standby” by the Fire Chief or his/her sworn designee. Employees on mandatory standby must remain available for immediate response during the designated standby period. All personnel placed on mandatory standby shall receive a minimum of two (2) hours compensation for each twelve (12) hours of off duty standby time or fraction thereof. 5. Electronic Communication Devices – Recognizing that electronic communication devices are part of the Fire Department’s business and emergency alerting system, electronic communication devices shall be issued and worn only on a voluntary basis with the exception of members who are placed on mandatory standby who may be required to wear an electronic communication device while on such standby. An employee placed on mandatory standby may voluntarily wear an electronic communication device, and if so, shall receive a minimum of two (2) hours compensation for each twenty-four (24) hours of off duty standby time or fraction thereof. Electronic communications devices, as described above, shall not include cell phones. Members assigned to special staff or prevention duties and voluntarily receiving other types of consideration (i.e., twenty-four (24) hour assigned vehicle) may be required to wear pagers and respond while off duty when within pager call range. 6. Required Training Attendance – An employee who is required to attend a class or seminar to maintain his/her current position shall have his/her related expenses paid by the City. If attendance occurs at a time when the employee is not scheduled to work, he/she shall be compensated on an hourly basis. 7. Cancellation of Overtime – Any employee who is scheduled by the City to work overtime in advance of the time set forth for such scheduling in Huntington Beach Fire Department Organization Manual, Policy D-3, which is subsequently cancelled less than seventy-two (72) hours in advance of the commencement of the scheduled overtime shift, shall receive a minimum of two (2) hours pay at the employee’s overtime rate. HB -211-Item 15. - 24 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 16 Deleted: October Deleted: 5 Deleted: 7 8. Court Time: a. Employees placed on standby for a court appearance involving City business during other than their scheduled working hours shall receive a minimum of two (2) hours base rate of pay for each morning and/or afternoon session. b. Employees appearing in court on City business during other than their scheduled working hours shall receive a minimum of three (3) hours pay at the overtime rate; provided, however, that if such time overlaps with the employee’s scheduled working hours, said pay shall be limited to those hours occurring prior to or after the employee’s scheduled work time. c. Employees shall not receive both standby pay and overtime pay for the same court session. An employee who is on standby and reports to court will be paid in accordance with (b) above. 9. Pay out of Rank - Subject to the approval of the Fire Chief or his/her sworn designee, an employee may voluntarily work in a classification below his/her rank. E. Jury Duty – Employees who are summoned to perform jury service shall be entitled to their regular compensation while serving; provided the fees, except mileage and subsistence allowance, if any, which they receive as jurors, are remitted to the City. If an employee calls in at night and finds out that he/she must report to jury duty the next day (and are scheduled to be working that day as part of a regular shift or on an overtime basis) he/she must contact his/her Battalion Chief as soon as possible so that coverage can be arranged for his/her shift. Employees are required to return to work if dismissed by the Court from jury duty. The returning employee will go back to his/her shift and the employee who replaced him/her will be relieved from duty at that time for the remainder of the shift. F. Shift Exchange/Relief: 1. The Fire Department shall allow Association members’ exchanges of schedule pursuant to the most current Policy D-7 of the Huntington Beach Fire Department Organization Manual that has been executed by the parties. Policy D-7 (Exchange of Work Schedule) may be modified by mutual agreement of the parties at any time during the term of this MOU. 2. An employee may be relieved by any other employee who is qualified to relieve him/her at any time by utilizing appropriate leave (i.e., vacation). In addition, the parties acknowledge Department of Labor regulation, 29 CFR section 553.225 which provides: It is a common practice among employees engaged in fire protection activities to relieve employees on the previous shift prior to (between the hours of 0600 and 0800) the scheduled starting time. Such early relief time may occur pursuant to employee agreement, either expressed or implied. This practice will not have the effect of HB -212-Item 15. - 25 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 17 Deleted: October Deleted: 5 Deleted: 7 increasing the number of compensable hours of work for employees employed under section 7(k) where it is voluntary on the part of the employees and does not result, over a period of time, in their failure to receive proper compensation for all hours actually worked. On the other hand, if the practice is required by the employer, the time involved must be added to the employee's tour of duty and treated as compensable hours of work. G. Assigned Shift Policy – Employees of equal rank shall have the option to change assigned shifts on an employee for employee basis upon written request to and approved by the Fire Chief. H. Minimum Staffing and Filling Vacancies: 1. Minimum Staffing Levels – The City shall cause apparatus to be staffed with sufficient employees to assure the safety of employees and the control of risk. For these purposes, the minimum staffing of apparatus shall be as defined by Policy D-14, Minimum Staffing and Filling of Vacancies, a copy of which is attached as Exhibit H and incorporated by reference herein. a. For the duration of this MOU, on each shift, there will be on duty at all times a minimum number of 4 Firefighters, 16 Firefighter/Paramedics, 10 Fire Engineers, and 10 Fire Captains. This minimum staffing provision shall sunset at the expiration of this MOU on June 30, 2018, unless the parties agree to incorporate it into a successor MOU. b. If a Rank Paramedic is activated on a Paramedic Engine, the overall number of on- duty Firefighters will increase and the overall number of Firefighter/Paramedics will decrease for each Rank Paramedic. However, the total number of on-duty Paramedics will be no less than 16. c. If the Fire Chief determines the need to convert a Truck Company to a PAU or Paramedic Truck Company, the overall number of on-duty paramedics shall increase accordingly. I. Probationary Period: 1. Length of the Probationary Period - Employees in the bargaining unit shall serve a probationary period when initially appointed to a position in the unit and also when they promote into a higher rank. The probationary period shall be one year from the time of initial appointment or promotion into a higher rank. 2. Extension of the Probationary Period –An employee who uses more than 120 hours of leave for any purpose by the last day of his/her probationary period will have his/her probationary period extended by the total amount of leave (paid or unpaid) used during the probationary period. Deleted: 7 Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5" Formatted: List Paragraph Formatted: List Paragraph, Justified, Indent: Left: 0.5", Hanging: 0.5" Formatted: Underline Formatted: Underline, Kern at 14 pt Formatted: Kern at 14 pt Formatted: List Paragraph, Indent: Left: 1.13" HB -213-Item 15. - 26 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 18 Deleted: October Deleted: 5 Deleted: 7 ARTICLE VIII – HEALTH AND OTHER INSURANCE BENEFITS A. Health Insurance - The City shall continue to make available group health, dental and vision benefits to all HBFA employees. B. Eligibility Criteria and Cost: 1. City Paid Health Insurance – Employees and Dependents - An employee, eligible dependents, and qualifying domestic partners per state law, shall become eligible to participate in the City’s insurance plan described below effective the first of the month following the employee’s date of hire. Any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates. 2. Employer Contributions to Health and Other Insurance Benefits - The City’s maximum monthly employer contributions for health and other insurance premiums is set forth in the charts below. The amounts listed below are inclusive of the CalPERS statutory minimum amount. i. Employee only (“EE”) – Effective the beginning of the pay period following City Council approval of this MOU, the cost of the premium up to a maximum of $500.00. ii. Employee + one dependent (“EE” + 1) – Effective the beginning of the pay period following City Council approval of this MOU, the cost of the premium up to a maximum of $815.00. iii. Employee + two or more dependents (“EE” + 2) – Effective the beginning of the pay period following City Council approval of this MOU, the cost of the premium up to a maximum of $1,325.00. HB -214-Item 15. - 27 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 19 Deleted: October Deleted: 5 Deleted: 7 2017 Health Premiums and Contributions So CA Region - Effective 1/1/2017 HBFA Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution PERS Anthem HMO Select Single 659.03 500.00 159.03 73.40 Two-Party 1,318.06 815.00 503.06 232.18 Family 1,713.48 1,325.00 388.48 179.30 PERS Anthem HMO Traditional Single 799.15 500.00 299.15 138.07 Two-Party 1,598.30 815.00 783.30 361.52 Family 2,077.79 1,325.00 752.79 347.44 PERS Blue Shield Access+ Single 778.45 500.00 278.45 128.52 Two-Party 1,556.90 815.00 741.90 342.42 Family 2,023.97 1,325.00 698.97 322.60 PERS Health Net Salud y Mas Single 473.46 473.46 0.00 0.00 Two-Party 946.92 815.00 131.92 60.89 Family 1,231.00 1,231.00 0.00 0.00 PERS Health Net SmartCare Single 537.20 500.00 37.20 17.17 Two-Party 1,074.40 815.00 259.40 119.72 Family 1,396.72 1,325.00 71.72 33.10 PERS Kaiser Single 599.54 500.00 99.54 45.94 Two-Party 1,199.08 815.00 384.08 177.27 Family 1,558.80 1,325.00 233.80 107.91 PERS UnitedHealthcare Single 549.76 500.00 49.76 22.97 Two-Party 1,099.52 815.00 284.52 131.32 Family 1,429.38 1,325.00 104.38 48.18 PERS Choice Single 714.43 500.00 214.43 98.97 Two-Party 1,428.86 815.00 613.86 283.32 Family 1,857.52 1,325.00 532.52 245.78 PERS Select Single 633.46 500.00 133.46 61.60 Two-Party 1,266.92 815.00 451.92 208.58 Family 1,647.00 1,325.00 322.00 148.62 PERS Care Single 802.24 500.00 302.24 139.50 Two-Party 1,604.48 815.00 789.48 364.38 Family 2,085.82 1,325.00 760.82 351.15 PORAC Single 699.00 500.00 199.00 91.85 Two-Party 1,467.00 815.00 652.00 300.92 Family 1,876.00 1,325.00 551.00 254.31 Formatted: Font: 10 pt Deleted: 2016 Health Premiums and Contributions ... Deleted: Medical Opt Out Benefit: $500.00 per month ($230.77 bi-weekly)... Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman HB -215-Item 15. - 28 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 20 Deleted: October Deleted: 5 Deleted: 7 Delta Dental PPO Single 58.10 42.88 15.22 7.02 Two-Party 108.60 81.82 26.78 12.36 Family 143.20 116.36 26.84 12.39 Delta Care HMO Single 30.11 23.00 7.11 3.28 Two-Party 51.19 39.11 12.08 5.58 Family 78.29 59.81 18.48 8.53 VSP Vision Single 23.86 17.58 6.28 2.90 Two-Party 23.86 17.58 6.28 2.90 Family 23.86 17.58 6.28 2.90 Medical Opt Out Benefit: $500.00 per month ($230.77 bi -weekly) CalPERS PEMHCA 2017 employer contribution = $128.00 per month, $59.08 bi -weekly Employee and City contributions subject to change as a result of contract negotiations Other Southern California Region: Fresno, Imperial, Inyo, Kern, Kings, Madera, Riverside, Orange, San Diego, San Luis Obispo, Santa Barbara, Tulare 2017 Health Premiums and Contributions LA Region - Effective 1/1/2017 HBFA Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution PERS Anthem HMO Select Single 592.78 500.00 92.78 42.82 Two-Party 1,185.56 815.00 370.56 171.03 Family 1,541.23 1,325.00 216.23 99.80 PERS Anthem HMO Traditional Single 713.69 500.00 213.69 98.63 Two-Party 1,427.38 815.00 612.38 282.64 Family 1,855.59 1,325.00 530.59 244.89 PERS Blue Shield Access+ Single 675.98 500.00 175.98 81.22 Two-Party 1,351.96 815.00 536.96 247.83 Family 1,757.55 1,325.00 432.55 199.64 PERS Health Net Salud y Mas Single 414.79 414.79 0.00 0.00 Two-Party 829.58 815.00 14.58 6.73 Family 1,078.45 1,078.45 0.00 0.00 PERS Health Net SmartCare Single 526.73 500.00 26.73 12.34 Two-Party 1,053.46 815.00 238.46 110.06 Family 1,369.50 1,325.00 44.50 20.54 PERS Kaiser Single 573.89 500.00 73.89 34.10 Two-Party 1,147.78 815.00 332.78 153.59 Family 1,492.11 1,325.00 167.11 77.13 PERS UnitedHealthcare Single 545.71 500.00 45.71 21.10 Two-Party 1,091.42 815.00 276.42 127.58 Family 1,418.85 1,325.00 93.85 43.32 Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman HB -216-Item 15. - 29 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 21 Deleted: October Deleted: 5 Deleted: 7 PERS Choice Single 637.53 500.00 137.53 63.48 Two-Party 1,275.06 815.00 460.06 212.34 Family 1,657.58 1,325.00 332.58 153.50 PERS Select Single 565.33 500.00 65.33 30.15 Two-Party 1,130.66 815.00 315.66 145.69 Family 1,469.86 1,325.00 144.86 66.86 PERS Care Single 715.88 500.00 215.88 99.64 Two-Party 1,431.76 815.00 616.76 284.66 Family 1,861.29 1,325.00 536.29 247.52 PORAC Single 699.00 500.00 199.00 91.85 Two-Party 1,467.00 815.00 652.00 300.92 Family 1,876.00 1,325.00 551.00 254.31 Delta Dental PPO Single 58.10 42.88 15.22 7.02 Two-Party 108.60 81.82 26.78 12.36 Family 143.20 116.36 26.84 12.39 Delta Care HMO Single 30.11 23.00 7.11 3.28 Two-Party 51.19 39.11 12.08 5.58 Family 78.29 59.81 18.48 8.53 VSP Vision Single 23.86 17.58 6.28 2.90 Two-Party 23.86 17.58 6.28 2.90 Family 23.86 17.58 6.28 2.90 Medical Opt Out Benefit: $500.00 per month ($230.77 bi-weekly) CalPERS PEMHCA 2017 employer contribution = $128.00 per month, $59.08 bi -weekly Employee and City contributions subject to change as a result of contract negotiations Los Angeles Area Region: Los Angeles, San Bernardino, Ventura In no event shall the employee be entitled to the difference between the employer contribution and the premiums for insurance plan(s) selected by the employee. Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman HB -217-Item 15. - 30 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 22 Deleted: October Deleted: 5 Deleted: 7 C. Public Employees’ Medical and Hospital Care Act (PEMHCA) OPTION – The City contracts with CalPERS to provide medical benefits to bargaining unit members in accordance with the Public Employees' Medical and Hospital Care Act (PEMHCA). The City contracts for the unequal method of employee contribution in accordance with Government Code section 22893. D. Medical Opt-Out - If an employee is covered by a group health insurance outside of a City- provided program (evidence of which must be supplied to the Employee Benefits Division the employee may elect to discontinue City health insurance coverage and receive two hundred and thirty dollars and seventy-seven cents ($230.77) bi-weekly to deposit into the employee’s deferred compensation account or any other pre-tax program offered by the City. In order to be eligible for the opt-out payment the employee must be able to demonstrate to the City’s satisfaction that they have minimum essential coverage as defined by the Affordable Care Act, (through another source other than coverage in the individual market, whether or not obtained through Covered California) and will not incur penalties under the ACA. E. Section 125 Plan – Employees shall be eligible to participate in a City approved Internal Revenue Code Section 125 Flexible Spending Plan under the same terms and conditions as all other eligible City employees. This plan allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or non-reimbursable medical expenses up to maximums provided by law. F. Life and Accidental Death and Dismemberment: 1. Life – The City shall provide a $50,000 (fifty thousand dollars) Life Insurance plan for each employee. 2. Accidental Death and Dismemberment – The City shall provide a fifty thousand dollars ($50,000) Accidental Death and Dismemberment Insurance plan for each employee. G. Long Term Disability – The City shall pay to the Association on behalf of each employee covered by this MOU, on a monthly basis, an amount not to exceed thirty-eight dollars ($38.00) per member for a Long Term Disability policy. The program shall be subject to the terms and conditions contained in Exhibit E. H. Retiree Medical Coverage for Retirees Not Eligible for the City Medical Retiree Subsidy Plan Employees who retire from the City after January 1, 2004, are granted a retirement allowance by the California Public Employees’ Retirement System and are not eligible for the City’s Retiree Subsidy Medical Plan, may choose to participate in any health insurance plans available to all active employees in this bargaining unit until the first of the month in which they turn age sixty-five (65). The retirees shall pay the full premium for any - health insurance for themselves and/or qualified dependents without any City subsidy. Employees who retire from the City, receive a retirement allowance from the California Public Employees’ Retirement System, are not eligible for the City’s Retiree Subsidy Medical Plan and choose not to participate in City medical insurance plans available to eligible retirees in this bargaining unit upon retirement, will permanently lose eligibility for this insurance. Deleted: enrolled in a plan which ensures that the City is complying with the Affordable Care Act (ACA) HB -218-Item 15. - 31 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 23 Deleted: October Deleted: 5 Deleted: 7 However, if a retiree who is not eligible for the City’s Retiree Subsidy Medical Plan chooses not to participate in available medical insurance plans because the retiree has access to other group medical insurance, and subsequently loses eligibility for that group medical insurance, the retiree and their qualified dependents will have access to medical insurance plans available to retirees eligible for reinstatement. Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree or qualified dependent turns age sixty-five (65). I. Post-65 Supplemental Medicare Coverage - Retirees who are participating in the Retiree Subsidy Medical Plan as of January 1, 2004 and all future retirees who meet the criteria to participate in available medical insurance, with or without the Retiree Medical Subsidy Plan, may participate in available medical insurance plans that are supplemental to Medicare. A retiree or qualified dependent must choose to participate in available medical insurance plans that are supplemental to Medicare beginning the first of the month in which the retiree or qualified dependent turns age sixty-five (65). The retiree shall pay the full premium to participate in available medical insurance plans that are supplemental to Medicare for themselves or qualified dependents without any City subsidy. Retirees or qualified dependents, upon turning age 65, who choose not to participate in available medical insurance plans that are supplemental to Medicare permanently lose eligibility for this insurance. J. Miscellaneous: 1. Nothing in this Article shall be deemed to restrict the City’s right to change insurance carriers should circumstances warrant. 2. Nothing in this Article shall be deemed to obligate the City to improve the benefits outlined in this Article. 3. Whenever an eligible employee is absent because of illness or injury, the City shall continue to provide to the employee and his/her dependents, all of the insurance benefits set forth in this Article for the duration of any such approved absence not to exceed twenty-four (24) months. ARTICLE IX – RETIREMENT A. Benefits: 1. Public Employees’ Retirement System: a. The City shall provide all safety employees described as “classic members by the Public Employees’ Pension Reform Act of 2013 – “PEPRA” with that certain retirement program commonly known and described as the “3%” at age 50 plan” HB -219-Item 15. - 32 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 24 Deleted: October Deleted: 5 Deleted: 7 which is based on the retirement formula as set forth in the California Public Employees’ Retirement System (PERS), Sections 21362.2 of the California Government Code, including the one-half continuance option (Government Code Sections 21624 and 21626) for safety employees and the Fourth Level of the 1959 survivor option for all employees as established by the California Public Employees’ Retirement System, Section 21571 of the California Government Code. b. All “classic members” shall pay their CalPERS member contribution of nine percent (9%) of pensionable income. c. The City contracts with PERS to have retirement benefits calculated based upon the employee’s highest one year’s compensation, pursuant to the provisions of Section 20042 (highest single year). This benefit is available to “classic members” of CalPERS. d. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU. e. The City provides the Pre-Retirement Optional Settlement 2 Death Benefit as set forth in California Government Code Section 21548 for all safety employees represented by the Association. f. For “New Members” within the meaning of the California Public Employees’ Pension Reform Act of 2013. 1) New Members shall be governed by the two and seven tenths percent at age 57 (2.7% @ 57) retirement formula set forth in Government Code section 7522.25(d) 2) Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member as required by Government Code section 7522.32(a). 3) New members shall contribute one half of the normal cost rate, as established by CalPERS. g. The City has adopted the CalPERS Resolution in accordance with IRS Code section 414(h)(2) to ensure that both the employee contribution and the City pickup of the required member contribution are made on a pre-tax basis. However, ultimately, the tax status of any benefit is determined by the law. h. Reporting of Base Salary – Provisions of the Level Pay plan, Article VII.C, shall be used for purposes of reporting the bi-weekly pay of twenty-four (24) hour shift employees to the Public Employees’ Retirement System (PERS). 2. Self-Funded Supplemental Retirement Benefit: HB -220-Item 15. - 33 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 25 Deleted: October Deleted: 5 Deleted: 7 a. In the event a member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employees’ Retirement Law, the City shall pay the difference between such elected option and the unmodified allowance which the member would have received for his/her life alone as provided in California Government Code sections 21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the member, shall be payable by the City during the life of the member, and upon that member’s death, the City’s obligation shall cease. The method of funding this benefit shall be the sole discretion of the City. This benefit is vested for employees covered by this MOU. b. Employees hired on or after October 4, 1999, shall not be eligible for the “Supplemental Retirement Benefit” referenced in Article IX.A.2a above. 3. Medical Insurance for Retirees: a. Upon retirement, whether service or disability, each employee shall have the following options in regards to medical insurance under available plans: 1) With no change in benefits, retirees can stay in any of the plans offered by the City, to active members in this bargaining unit, at the retiree’s own expense, for the maximum time period required by Federal Law (COBRA), or 2) Early retirees (under age 65) may participate in the available health plans currently being offered to active employees. 3) Retirees over age 65 may participate in the Post-65 Supplemental Medicare Coverage described in Article VIII.I. b. Retired employees exercising either of the options in Article IX.A.3.a may cause any premiums not paid by the City to be paid out of funds due and owed to them for unused sick leave benefits upon retirement, as provided in Article IX.A.3.a. However, whenever a retired employee does not have any such available funds, he/she shall have the opportunity to provide the City with sufficient funds to pay the premiums. At retirement, the sick leave hours remaining may, at the employee’s option, be converted to a dollar figure, as provided in Article IX.A.3.a, and an estimate shall be provided by the City to the retired employee as to the approximate number of months the group insurance can be paid by such sick leave dollars. The City shall notify any retired employee whose funds available for unused sick leave benefits are about to be exhausted of such fact, in writing by certified mail, return receipt requested, at the retired employee’s most recent address of record with the City no later than three (3) months prior to the date upon which there will not be sufficient funds to pay premiums. It shall be the individual retiree’s responsibility either to insure that there are sufficient sick leave dollars available to pay premiums or to make premium payments at least one (1) month in advance, to continue the group insurance in effect. If following exhaustion of sick leave funds a retired employee fails to provide the City with sufficient additional funds to pay premiums, the City shall have the right to notify said retired employee in the manner prescribed above that it intends to cause his/her coverage to be terminated for non-payment of HB -221-Item 15. - 34 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 26 Deleted: October Deleted: 5 Deleted: 7 premiums, and the further right to terminate such coverage, if such default has not been cured within thirty (30) days following receipt of such notice. Any retired employee electing to obtain such medical coverage after retirement shall have no further option to terminate such coverage following the provision of thirty (30) days written notice to the City, whereupon any funds due and owed to him/her for unused sick leave benefits that have not been exhausted to pay these health insurance premiums shall be paid in a lump sum to the retired employee within thirty (30) days following receipt by the City of such notice. Once a retired employee elects to terminate such coverage, he/she shall be precluded from securing it at a later date at the group rate. B. Reinstatement Privileges for Disability Retirees – If a retiree seeks to cause PERS to revoke his/her disability retirement (within three years of the effective date of the disability retirement) on the grounds that he/she is no longer incapacitated from performing the duties of the position held at the time of retirement, the City will not certify that he/she is no longer incapacitated from performing those duties until the employee passes the Departmental physical agility test. If PERS revokes his/her disability retirement, the City shall immediately reinstate the employee at his/her former position and pay step. ARTICLE X – LEAVE BENEFITS A. Leave with Pay: 1. Vacation – The purpose of annual vacation is to provide a rest period, which will enable each employee to return to work physically and mentally refreshed. All employees shall be entitled to annual vacation, with pay, in accordance with this Article. a. Accrual – Employees shall accrue annual vacations at their appropriate assigned work schedule rate, either forty hour (40) or fifty-six hour (56) workweek. Paychecks will identify the accrued vacation (Accrued) and accrual rate (Constant) based on their actual work schedule, either a forty (40) hour or fifty-six (56) hour schedule. In the event of a change in work schedules, personnel will have their accrued vacation (Accrued) and accrual rate (Constant) changed to the new schedule using the conversion factor .7143 (40  56). Personnel who change from a fifty-six (56) hour schedule to a forty (40) hour schedule shall multiply the existing hours by .7143, (see Exhibit G). Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their existing hours by .7143. Personnel shall accrue annual vacations at the following rates1: For the first four (4) years of continuous service vacation time shall be accrued at the rate of one hundred and twelve (112) hours per year for forty (40) hour per week employees, and one hundred and fifty-seven (157) hours per year for fifty-six (56) hour per week employees. After four (4) years of continuous service to the completion of nine (9) years of continuous service, vacation time shall be accrued at the rate of one hundred thirty- 1 For a detailed explanation regarding conversion refer to Exhibit F HB -222-Item 15. - 35 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 27 Deleted: October Deleted: 5 Deleted: 7 six (136) hours per year for forty (40) hour per week employees, and one hundred and ninety (190) hours per year for fifty-six (56) hour per week employees. After nine (9) years of continuous service to the completion of fourteen (14) years of continuous service, vacation time shall be accrued at the rate of one hundred sixty (160) hours per year for forty (40) hour per week employees, and two hundred and twenty-four (224) hours per year for fifty-six (56) hour per week employees. After fourteen (14) years of continuous service vacation, time shall be accrued at the rate of one hundred ninety-two (192) hours per year for forty hour (40) per week employees, and two hundred sixty-nine (269) hours per year for fifty-six hour (56) per week employees. Vacation allowance shall not be accumulated in excess of three hundred forty-two (342) hours for forty (40) hour per week employees, and four hundred and eighty (480) hours per year for fifty-six (56) hour per week employees. b. Eligibility and Permission – No vacation may be taken until the completion of six (6) months of employment. No employee shall be permitted to take vacation in excess of actual time earned and no employee shall take vacation that is being accrued while the employee is on vacation. Vacations shall be taken only with permission of the Fire Chief or his/her sworn designee, who shall schedule all vacations with due consideration for the request of the employee and particular regard for the need of the Department. The Fire Department operates on a three-shift basis, with personnel being assigned to the “A, B or C” Shift for work scheduling purposes. On each such shift, there shall be four (4) available vacation absences (referred to as “vacation slots”). That is, at any one time, there may be four (4) persons absent from duty on each such shift due to vacation. These slots shall be made available by rank, one (1) to Firefighters, one (1) to Fire Engineers, one (1) to Firefighter Paramedics; and one (1) to Captains. Thereafter, each additional employee shall be entitled to receive time off for requested vacation leave, so long as a qualified replacement is available to serve in his/her absence. c. Conversion to Cash – On two (2) occasions during each fiscal year each employee shall have the option to convert into a cash payment up to a total of eighty (80) hours, at the forty (40) hour rate, or one hundred twelve (112) hours at the fifty-six (56) hour rate, of earned vacation benefits during any one (1) fiscal year. The employee shall give two (2) weeks advanced notice of his/her desire to exercise such option. Vacation accumulated in excess of three hundred-forty-two (342) hours at the forty (40) hour rate shall be paid in cash at the straight time forty (40) hour rate, or four hundred and eighty (480) hours at the fifty-six (56) hour rate shall be paid in cash at the straight time fifty-six (56) hour rate on the first payday following such accumulation. The parties agree that during the term of this MOU, either party can reopen negotiations on the limited subject of when, during the year, an employee may make an election to convert vacation to cash. Any agreement must be mutually agreed to by the parties. HB -223-Item 15. - 36 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 28 Deleted: October Deleted: 5 Deleted: 7 d. Pay-Off at Termination – Except as provided in Section A.1.c. of this Article, no employee shall be paid for unused vacation other than upon termination of employment. Any vacation pay off at termination shall be at the regular rate of pay and the accrual rate the employee is earning at the time of separation. 2. Sick Leave: a. Accrual – The conversion factor for sick leave accrual shall be in accordance with Rule 18-9 of the City’s Personnel Rules. Employees covered by this MOU shall accrue sick leave at the rate of 3.6923 hours per pay period for 40-hour week employees, and 5.1691 for fifty-six hour (56) week employees. Paychecks will identify the accrued sick leave (Accrued) and accrual rate (Constant) based on their actual work schedule, either a forty (40) hour or fifty-six (56) hour schedule. In the event of a change in work schedules, personnel will have their accrued sick leave (Accrued) and accrual rate (Constant) changed to the new schedule using the conversion factor .7143. Personnel who change from a fifty-six hour (56) schedule to a forty (40) hour schedule shall multiply their accrual rate by .7143, (see Exhibit G). Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their accrual rate by .7143. b. Pay-Off at Termination – Upon termination for reasons other than for industrial disability retirement, an employee shall have his/her accrued sick leave paid at the regular rate of pay and the accrual rate the employee is earning at the time of separation. Sick Leave shall be paid (or have paid on his/her behalf as provided in Article IX.A.3.b) at twenty-five percent (25%) of unused, earned sick leave from four hundred-eighty (480) through seven hundred-twenty (720) hours, and at fifty percent (50%) of all unused, earned sick leave for hours in excess of seven hundred- twenty (720) hours. Upon termination for industrial disability retirement, an employee shall have his/her accrued sick leave paid (or have paid on him/her behalf as provided in Article IX.A.3.b) at the regular rate of pay and the accrual rate at the time of separation at twenty-five percent (25%) of unused, earned sick leave from zero (0) through four hundred-eighty (480) hours, and at fifty percent (50%) of all unused, earned sick leave in excess of four hundred-eighty (480) hours. c. Utilization in Conjunction with Industrial Disability Leave – Sick leave cannot be used to extend absences due to work-related (industrial) injuries or illnesses. 3. Leave Benefit Entitlements - As required by law, employees will be allowed to use up to one-half of their annual Sick Leave accrual for family sick leave, pursuant to the provisions of California Labor Code Section 233. The City shall comply with all state and federal leave benefit entitlement laws and regulations. HB -224-Item 15. - 37 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 29 Deleted: October Deleted: 5 Deleted: 7 An eligible employee on an approved leave may be allowed to use earned Sick Leave, Vacation and/or Compensatory Time Off. 4. Bereavement - Employees shall be entitled to bereavement leave not to exceed two (2) work shifts for those employees on the twenty-four (24) hour work schedule, or three (3) work shifts for all other employees in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, children, registered domestic partner; grandfather, grandmother, step-father, step-mother, step- grandfather, step-grandmother, grandchildren, stepsisters, step-brothers, mother-in- law, father-in-law, in-laws of registered domestic partner, brother-in-law, sister-in-law, son-in-law, daughter in-law, step-children, or wards of which the employee is the legal guardian. 5. Association Business – During the term of this MOU, authorized representatives of the Association shall be entitled to receive up to a total of four hundred (400) collective hours without any loss of compensation per contract year to be utilized for lawful Association activities. In addition, up to one hundred-fifty (150) unused hours may be carried forward to the next contract year. ARTICLE XI – CITY RULES A. Personnel Rules - All MOU provisions that supersede the City’s Personnel Rules shall automatically be incorporated in the City’s Personnel Rules. B. Precedence of Agreement - In any case in which any provision of this MOU is inconsistent with any City ordinance, rule, regulation, resolution, including provisions of any Fire Department Manual, the provisions of this MOU shall supersede and take precedence. C. Discipline - The procedure and practice regarding discipline is set forth in Exhibit H. D. Layoff Rules - The procedure and practice regarding layoffs as contained in the City’s Personnel Rules in effect on July 1, 1980 shall remain in full force and effect during the entire term of this MOU. ARTICLE XII - MISCELLANEOUS A. Fire Department Promotional Exams – Policy D-10 – Promotional and open competitive examinations shall be held in accordance with the most current Policy D-10 of the Huntington Beach Fire Department Organization Manual executed by the parties. Policy D-10 may be modified by mutual agreement of the parties at any time during the term of this MOU. B. Living Quarters – The City shall provide necessary kitchen, living and sleeping quarters in all fire stations and shall continue to provide facilities for Association meetings. C. Paychecks: HB -225-Item 15. - 38 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 30 Deleted: October Deleted: 5 Deleted: 7 1. Bi-Weekly Pay – Salary shall be paid on a bi-weekly basis. By mutual consent of the City and the Association, early payment and other modifications may be made. 2. Paycheck Stub An on-line pay stub shall contain an itemization of amounts paid under various categories of pay, including educational incentive pay, holiday pay, and all overtime, and shall also include an itemization of the nature and the purpose of each deduction withheld from the employee’s gross earnings. 3. Direct Deposit – Employees hired on or after January 1, 2007 shall receive their bi-weekly compensation through the City’s direct deposit system. Employees currently participating in the City’s direct deposit program must remain in that program. 4. Vacation Payroll Advance – Each employee shall, at his/her option, by written notice to the City’s Human Resources Director, be given at least two (2) weeks prior to the commencement of said employee’s scheduled vacation, be entitled to receive his/her earned vacation pay, less deductions in advance of said vacation. Said right to receive advance payment of earned vacation pay shall be limited to one such advancement during each calendar year. D. California Driver License for Firefighting Equipment – Employees required by the City to obtain a valid Class A, Class B or Class C California driver license with firefighter endorsement or Class B restrictive California driver license will be reimbursed for fees paid to the California Department of Motor Vehicles to obtain the Driver License with Firefighter Endorsement. All employees in the classification of Fire Engineer shall be required to possess a valid Class A, Class B or Class C California driver license with firefighter endorsement or Class B restrictive California driver license. All other bargaining unit employees shall be required to obtain the following: All employees hired after February 19, 2008, must acquire a valid Class A, Class B or Class C California driver license with firefighter endorsement or Class B restrictive California driver license prior to completing their probationary period. All employees assigned to the USAR team who possess a valid Class A, Class B or Class C California driver license with firefighter endorsement or Class B restrictive California driver license as of the program’s implementation date shall be required to maintain their license. All current employees assigned to the USAR team prior to the program’s implementation date are not required to have a Firefighter Endorsed Driver License. All current employees assigned to the USAR team after the program’s implementation shall obtain and maintain a valid Class A, Class B or Class C California driver license with firefighter endorsement within one (1) year of their assignment. All employees assigned to the Hazardous Materials team who possess a valid Class A, Class B or Class C California driver license with firefighter endorsement or Class B restrictive California driver license shall maintain their license. All employees assigned to the Hazardous Materials team prior to February 19, 2008, are not required to obtain a Firefighter HB -226-Item 15. - 39 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 31 Deleted: October Deleted: 5 Deleted: 7 Endorsed Driver License. All current employees assigned to the Hazardous Materials team after February 19, 2008 shall obtain and maintain a valid Class A, Class B or Class C California driver license with firefighter endorsement or Class B restrictive California driver license within one (1) year of their assignment. E. Deferred Compensation Loan Program – Employees may utilize the Deferred Compensation Loan Program, under which employees may borrow up to fifty percent (50%) of their deferred compensation funds for critical needs such as medical costs, college tuition, or purchase of a home. The value of any unused earned leave benefits may be transferred to deferred compensation in connection with separation but the employee must request the transfer no later than the pay period prior to the employee’s last day of employment. ARTICLE XIII – MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the City retains all rights, powers, and authority with respect to the management and direction of the performance of fire services and the work forces performing such services. Such rights include, but are not limited to, determination of the merits, necessity, level or organization of fire services, the necessity for overtime, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, including work and safety rules and regulations, in order to maintain the efficiency and economy desirable for the performance of City services. ARTICLE XIV – TERM OF MOU This MOU shall be in effect commencing on July 1, 2017 through June 30, 2018. This MOU constitutes the entire agreement of the parties as to the changes in wages, hours, and other terms and conditions of employment of employees covered hereunder for the term hereof. Deleted: October Deleted: 5 Deleted: 7 HB -227-Item 15. - 40 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2017 – June 30, 2018 32 Deleted: October Deleted: 5 Deleted: 7 ARTICLE XV - CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or effect whatsoever unless and until ratified by the membership of HBFA and adopted by Resolution of the City Council of the City of Huntington Beach. ARTICLE XVI – SUCCESSOR NEGOTIATIONS The parties agree to commence labor negotiations for a successor MOU no later than April 1, 2018. At that meeting, the parties shall discuss ground rules and meeting dates. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this ______ day of _____________, 2017. CITY OF HUNTINGTON BEACH A Municipal Corporation 0B0B0BHUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION. By: By: Fred A. Wilson City Manager Chad Stewart HBFA President By: By: Ken Domer Assistant City Manager Carl Corbin HBFA Negotiation Team Leader – HBFA By: By: Michele Warren Director of Human Resources Stuart D. Adams Esq. Chief Negotiator By: David Segura Fire Chief By: Peter J. Brown Chief Negotiator APPROVED AS TO FORM By: By: JoAnn Diaz Principal Human Resources Analyst Michael E. Gates City Attorney Deleted: 7 Deleted: 6 Deleted: Jeff Nelson HB -228-Item 15. - 41 HBFA MOU October 1, 2017 – June 30, 20__ 33 Error! Unknown document property name. HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT A – EMPLOYEE RELATIONS RESOLUTION Deleted: 5 Deleted: 17 7.3 Human Resources Officer Motion of Unit Modification – The Human Resources Officer may propose, during the same period for filing a Petition for Decertification, that an established unit be modified in accordance with the following procedure: a. The Human Resources Officer shall give written notice of the proposed unit modification to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human Resources Officer’s rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for Appropriateness of Units. Additionally, the Human Resources Officer shall provide all affected employee organizations with all correspondence, memoranda, and other documents, which relate to any input regarding the unit modification which may have been received by the City or from affected employees and/or sent by the City to affected employees; b. Following receipt of the Human Resources Officer’s proposal for unit modification, any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the motion for unit modification to the Personnel Commission; c. The Personnel Commission shall conduct a noticed Public Hearing regarding the motion for unit modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed unit modification which determination may include a granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of bargaining units. Following the Personnel Commission’s determination of the composition of the appropriate unit or units, it shall give written notice of such determination to all affected employee organizations; d. Any party who chooses to appeal from the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. HB -229-Item 15. - 42 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT B – SALARY SCHEDULE HBFA MOU July 1, 2017 – June 30, 2018 34 Deleted: October Deleted: 5 Deleted: 7 2.0% Effective September 24, 2016 40-Hour Rate (Hourly) Job Code Classification Pay Grade A B C D E 229 Firefighter FA0229 34.97 36.88 38.90 41.04 43.30 160 Fire Engineer FA0160 40.80 43.04 45.41 47.91 50.54 226 Firefighter Paramedic FA0226 40.80 43.04 45.41 47.91 50.54 101 Fire Captain FA0101 46.91 49.49 52.21 55.08 58.11 100 Administrative Fire Captain FA0100 52.35 55.22 58.26 61.47 64.84 40-Hour Rate (Bi-Weekly) Job Code Classification Pay Grade A B C D E 229 Firefighter FA0229 2,797.60 2,950.40 3,112.00 3,283.20 3,464.00 160 Fire Engineer FA0160 3,264.00 3,443.20 3,632.80 3,832.80 4,043.20 226 Firefighter Paramedic FA0226 3,264.00 3,443.20 3,632.80 3,832.80 4,043.20 101 Fire Captain FA0101 3,752.80 3,959.20 4,176.80 4,406.40 4,648.80 100 Administrative Fire Captain FA0100 4,188.00 4,417.60 4,660.80 4,917.60 5,187.20 40-Hour Rate (Monthly) Job Code Classification Pay Grade A B C D E 229 Firefighter FA0229 6,061.47 6,392.53 6,742.67 7,113.60 7,505.33 160 Fire Engineer FA0160 7,072.00 7,460.27 7,871.07 8,304.40 8,760.27 226 Firefighter Paramedic FA0226 7,072.00 7,460.27 7,871.07 8,304.40 8,760.27 101 Fire Captain FA0101 8,131.07 8,578.27 9,049.73 9,547.20 10,072.40 100 Administrative Fire Captain FA0100 9,074.00 9,571.47 10,098.40 10,654.80 11,238.93 Deleted: 2.0% Effective September 27, 2014¶ ¶ ¶ ¶ 40-Hour Rate (Hourly)¶ Job Code ... HB -230-Item 15. - 43 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT B – SALARY SCHEDULE HBFA MOU July 1, 2017 – June 30, 2018 35 Deleted: October Deleted: 5 Deleted: 7 2.0% Effective September 24, 2016 56-Hour Rate (Hourly) Job Code Classification Pay Grade A B C D E 229 Firefighter FA0229 24.97 26.34 27.80 29.31 30.93 160 Fire Engineer FA0160 29.14 30.74 32.44 34.22 36.11 226 Firefighter Paramedic FA0226 29.14 30.74 32.44 34.22 36.11 101 Fire Captain FA0101 33.50 35.35 37.29 39.34 41.51 100 Administrative Fire Captain FA0100 37.39 39.44 41.62 43.91 46.32 56-Hour Rate (Bi-Weekly) Job Code Classification Pay Grade A B C D E 229 Firefighter FA0229 2,796.64 2,950.08 3,113.60 3,282.72 3,464.16 160 Fire Engineer FA0160 3,263.68 3,442.88 3,633.28 3,832.64 4,044.32 226 Firefighter Paramedic FA0226 3,263.68 3,442.88 3,633.28 3,832.64 4,044.32 101 Fire Captain FA0101 3,752.00 3,959.20 4,176.48 4,406.08 4,649.12 100 Administrative Fire Captain FA0100 4,187.68 4,417.28 4,661.44 4,917.92 5,187.84 56-Hour Rate (Monthly) Job Code Classification Pay Grade A B C D E 229 Firefighter FA0229 6,059.39 6,391.84 6,746.13 7,112.56 7,505.68 160 Fire Engineer FA0160 7,071.31 7,459.57 7,872.11 8,304.05 8,762.69 226 Firefighter Paramedic FA0226 7,071.31 7,459.57 7,872.11 8,304.05 8,762.69 101 Fire Captain FA0101 8,129.33 8,578.27 9,049.04 9,546.51 10,073.09 100 Administrative Fire Captain FA0100 9,073.31 9,570.77 10,099.79 10,655.49 11,240.32 Deleted: ¶ HB -231-Item 15. - 44 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT C – RETIREE SUBSIDY MEDICAL PLAN HBFA MOU July 1, 2017 – June 30, 2018 36 Deleted: October Deleted: 5 Deleted: 7 An employee who has retired from the City shall be entitled to participate in the available medical insurance plans and the City shall contribute toward monthly premiums for coverage in an amount as specified in accordance with this plan, provided: A. At the time of retirement the employee has a minimum of ten (10) continuous years of regular (permanent) City service immediately prior to retirement or is granted an industrial disability retirement. Said service must be continuous unless prior service is reinstated at the time of his/her rehire in accordance with the City’s Personnel Rules; and B. At the time of retirement, the employee is employed by the City; and C. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees’ Retirement System. The City’s obligation to pay the monthly premium, as indicated, shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: 1. On the first of the month in which a retiree or dependent reaches age 65 or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made), the City’s obligation to pay monthly premiums may be adjusted downward or eliminated. Benefit coverage at age 65 under the City’s sponsored medical insurance plans shall be governed by applicable plan document. 2. In the event of the death of any employee, whether retired or not, the amount of the retiree medical insurance subsidy benefit which the deceased employee was receiving at the time of his/her death or would be eligible to receive if he/she were retired at the time of death, shall be paid on behalf of the spouse or dependent(s) for a period not to exceed twelve (12) months. D. Industrial Disability Retirees -Industrial disability retirees with less than ten (10) continuous years of regular (permanent) service shall receive a maximum monthly payment toward the premium for health insurance of $121. Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. Payment shall not exceed dollar amount, which is equal to the full cost of premium for employee only. E. Maximum Monthly Subsidy Payments - The payment amounts may be reduced each month as dependent eligibility ceases due to death, divorce or loss of dependent child status. However, the amount shall not be reduced if such reduction would cause insufficient funds needed to pay the full premium for the employee and the remaining dependents. In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. All retirees, including those retired as a result of industrial disability whose number of years of continuous regular (permanent) service immediately prior to retirement exceeds ten (10) years, shall be entitled to maximum monthly payment of premiums by the City for each year of completed City service as follows: HB -232-Item 15. - 45 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT C – RETIREE SUBSIDY MEDICAL PLAN HBFA MOU July 1, 2017 – June 30, 2018 37 Deleted: October Deleted: 5 Deleted: 7 Maximum Monthly Payment for Retirees After: Years of Service 10 $ 121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 F. Eligibility: 1. The effective start-up date of the Retiree Subsidy Medical Plan for the eligible retirees shall be the first of the month following retirement date. 2. A retiree may change plans, add dependents, etc., during annual open enrollment. The City shall notify covered retirees of this opportunity each year. 3. Years of service computed for the Retiree Subsidy Medical Plan are actual years of completed continuous regular (permanent) service with the City of Huntington Beach immediately prior to retirement. 4. When a retiree is eligible for medical plan coverage at the expense of another employer due to post-retirement employment of the retiree or spouse of the retiree, the retiree and his/her spouse must take that coverage regardless of benefit level and shall be deleted from any City sponsored health insurance Plan. Exceptions to this requirement are limited to the following: a. A retiree is not required to enroll in such “other” medical insurance plan coverage if there is significant disparity between the benefits provided by the “other” medical insurance plan and the City sponsored health insurance plan as defined below. “Significant disparity” means coverage available under the “other” medical plan is restrictive or limited in one or more of the following ways: 1) No in-patient hospitalization coverage. HB -233-Item 15. - 46 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT C – RETIREE SUBSIDY MEDICAL PLAN HBFA MOU July 1, 2017 – June 30, 2018 38 Deleted: October Deleted: 5 Deleted: 7 2) No major medical benefits. 3) Annual deductible is greater than or equal to $1,000 per person. 4) Major medical benefits are paid at 60% or less of covered expenses in network. b. The City Manager or designee will have the authority to provide additional exceptions following review of the “other” medical insurance plan policy. Exceptions will be made only if the “other” medical plan benefit provisions are comparable to the guidelines under (F.4.a.) above. c. Miscellaneous Provisions: 1) Benefits provided under the available medical insurance plan will be coordinated with the “other” medical insurance plan as the primary carrier. 2) The City shall have the right to require any retiree to provide a copy of the “other” medical insurance plan policy for review by the City Manager or designee. 5. When a retiree under age 65 becomes eligible for the other group coverage and then becomes no longer eligible, he/she may have the Retiree Subsidy Medical Plan reinstated for the purchase of available health insurance. 6. Dependents of a retiree under age 65 may follow him/her into the Retiree Subsidy Medical Plan or they may choose to exercise COBRA rights along with the retiree. 7. When a retiree becomes 65 and has eligible dependents under 65, said dependents are eligible to exercise COBRA rights. 8. When a retiree is under 65 and his/her spouse is over 65, the spouse is not covered. G. Premium payments are to be received at least one month in advance of the coverage period. Retiree Subsidy Medical Plan and COBRA participants shall be notified of non-payment of premium by means of a certified letter from the City in accordance with provisions of the Memorandums of Understanding. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the plan and shall not have reinstatement rights. H. Subsidies: 1. The subsidy payments will pay for: a. Available health insurance plans for eligible retirees. HB -234-Item 15. - 47 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT C – RETIREE SUBSIDY MEDICAL PLAN HBFA MOU July 1, 2017 – June 30, 2018 39 Deleted: October Deleted: 5 Deleted: 7 b. Part A of Medicare for those retirees not eligible for paid Part A. 2. Subsidy payments will not pay for: a. Part B Medicare. b. Any other City sponsored benefit plan. c. Any other commercially available benefit plan. d. Medicare supplements I. Medicare: 1. All persons are eligible for Medicare coverage at age 65. Those with sufficient credit quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age 65, but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, Part B of Medicare is paid for by the participant. 2. When a retiree and his/her spouse are both 65 or over and neither is eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. 3. When a retiree at age 65 is eligible for paid Part A of Medicare and his/her spouse is not eligible for paid Part A, the spouse shall not receive subsidy. When a retiree at age 65 is not eligible for paid Part A of Medicare and his/her spouse who is also age 65 is eligible for paid Part A of Medicare, the subsidy shall be for the retiree’s Part A only. J. Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated on the first day of the month in which the retiree reaches age 65 whether or not the retiree applies for Medicare coverage. If such retiree was covering dependents under the Plan, dependents will be eligible for COBRA continuation benefits effective as of first day of the month in which the retiree reaches age 65. b. When one of the following occurs, dependent coverage will be eliminated: 1) After 36 months of COBRA continuation coverage, or 2) When the covered dependent reaches age 65 in the event such dependent reaches age 65 prior to the retiree reaching age 65. 2. Premium payments are to be received at least one month in advance of the coverage period. HB -235-Item 15. - 48 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT C – RETIREE SUBSIDY MEDICAL PLAN HBFA MOU July 1, 2017 – June 30, 2018 40 Deleted: October Deleted: 5 Deleted: 7 3. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the plan and shall not have reinstatement rights. HB -236-Item 15. - 49 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT D – TILLER CERTIFICATION Following is the method of application regarding Tiller Certification, Article V, Section E-4 of the Huntington Beach Firefighter's Association MOU: Article V, Section E-4-Tiller Certification a. Tiller Certification -- The Huntington Beach Training Manual identifies the method and requirements for Tiller Certification. b. Class A, B, or C California Driver License with a Firefighter Endorsement or Class B Firefighter Restrictive License.--.State Department Of Motor Vehicles established. c. Light Air Unit -- The intent is for a Firefighter to be able to drive, set up, and safely operate the Light Air unit. Proper operation for the Light Air Unit is defined in policy. Note! All Fire Department personnel have been trained in the past in the operation of the Light Air Unit. All Firefighters who were previously trained have been grandfathered into meeting the requirements. This process will provide the following options for compensation: If the Firefighter was Tiller Certified and had a Class B Firefighter Restrictive License as of September 5, 1998, they will receive the identified compensation effective that date.  If, after September 5, 1998, a Firefighter obtains Tiller Certification and the Class A, B or C California Driver’s License with a Firefighter Endorsement or a Class B Firefighter Restrictive Drivers License, they will be eligible for compensation following application. Firefighters will be required to become certified in light air operation.  For Firefighters to request compensation for the Light Air Unit they must complete the appropriate training per policy, including obtaining Tiller Certification, Class A, B or C California Driver’s License with a Firefighter Endorsement or a Class B Firefighter Restrictive Drivers License, and be certified in light air operations. They will be eligible for compensation following application. Note! If a Firefighter elects not to participate in the above mentioned Tiller Certification compensation, it does not preclude the currently established requirement by the Department for a firefighter to be Tiller Certified, as identified in the Huntington Beach Training Manual. HB -237-Item 15. - 50 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT E – INCOME PROTECTION PLAN This is to memorialize an agreement between the City of Huntington Beach (City) and the Huntington Beach Firefighter’s Association (HBFA) regarding authorizing the HBFA to administer its own Long Term Disability (LTD) insurance program providing the following conditions are adhered to: 1. The City and HBFA agree that the City shall not provide a City-sponsored LTD Insurance Program for employees represented by HBFA. 2. HBFA shall contract with an insurance provider for LTD insurance for the employees represented by the HBFA. 3. The City shall pay to HBFA for the cost of LTD premiums not to exceed $38.00 per month per occupied covered position represented by HBFA. 4. Non-dues paying represented employees shall be covered by the LTD Policy at the same premium rate as dues paying represented employees. 5. City payment to HBFA is to be made for each represented employee per month based on the bi- weekly payroll. 6. HBFA shall pay the insurance company for the cost of premiums and any charges incurred for administering the program. 7. HBFA shall provide the City with a monthly listing of covered employees. 8. No self-funding/self-insurance of LTD benefits is permitted under this agreement. 9. HBFA shall authorize the City to have the insurance company provide documentation to the City as follows: a. A copy of the most current audited financial statements. b. A copy of the latest actuarial report, which should be completed by an independent “Fellow of the Society of Actuaries”; c. A copy of the in-force re-insurance Policy; 10. HBFA will provide a statement certifying that premiums collected are for LTD benefits for HBFA represented employees only. HB -238-Item 15. - 51 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT F - 40/56-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL LEAVE BENEFITS (EXAMPLE) HBFA MOU October 1, 2017 – June 30, 20__ -43- Deleted: 5 Deleted: 17 Permanent, full-time employees shall accrue annual vacations or sick leave at their appropriate assigned work schedule rate, either 40-hour or 56-hour workweek. The actual accrual, as reflected on their payroll check will also reflect their actual work schedule. In the event of a change in work schedules, personnel will have their accrual rate (Constant) and actual accrual (Accrued) change to the new schedule using the conversion factor, .7143. Paychecks will reflect the accrual rate based on the actual work schedule, either forty (40) or fifty-six (56) hour schedule. All maximum accruals will be modified to reflect the proper number of hours, either 40-hour or 56-hour workweek. EXAMPLE – CURRENT EXCEPTION 40-HOUR EXAMPLE Paycheck stub shows 1000 hours accrued sick leave. Employee uses 24 hours sick time. 1000 hours – 24 hours = 976 hours. 56-HOUR FIREFIGHTER PARAMEDIC Paycheck stub shows 1000 hours accrued sick leave. Employee uses 24 hours sick time. 1000 hours – 24 x .7143 = 17.1 hours = 982.9 hours (This mathematical transaction takes place for each exception.) EXCEPTION ALL 56-HOUR PERSONNEL Modify to 56-hour schedule - current accrued hours divided by .7143. 40-hour rate paycheck stub indicates 1000 hours sick leave. 1000 hours divided by .7143 = 1400 hours 1400 hours would be reflected on the employee’s 56-hour workweek paycheck stub. 56-hour schedule employee uses 24-hours sick time - hours are taken hour for hour. 1400 hours – 24 hours = 1376 hours remaining. HB -239-Item 15. - 52 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT F - 40/56-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL LEAVE BENEFITS (EXAMPLE) HBFA MOU July 1, 2017 – June 30, 2018 44 Deleted: October Deleted: 5 Deleted: 7 ACCRUAL RATE Current 40-hour employees - sick leave accrual - 3.6923 hours per pay period. 56-hour Firefighter Paramedic employee would accrue sick leave at 5.1691 (3.6923 divided by .7143 = 5.1691) hours per pay period. This would accurately indicate accrual at the 56-hour rate. 56-HOUR EMPLOYEE ASSIGNED TO A 40-HOUR POSITION Upon change of 56-hour Firefighter Paramedic employee to a 40-hour employee. Accrued sick leave = 1400 hours 1400 x .7143 = 1000 hours 1000 hours would be reflected on pay check. Sick leave accrual would return to 3.6923 per pay period HB -240-Item 15. - 53 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT G – POLICY –14, MINIMUM STAFFING AND FILLING OF VACANCIES HBFA MOU July 1, 2017 – June 30, 2018 45 Deleted: October Deleted: 5 Deleted: 7  Applicable() to the following personnel:  Fire Administration  Fire Prevention Fire Captain Firefighter Paramedic  Chief Officer  Fire Suppression Fire Engineer Firefighter INTENT To establish and maintain the minimum staffing levels for the Huntington Beach Fire Department. DEFINITIONS 1. Apparatus - Any vehicle utilized to respond to fires, other emergencies or work assignments that requires a California Class A, Class B, or Class B firefighter restrictive driver's license. • Fire Engine- An apparatus with fire pump, fire hose, water tank, ground ladders, necessary firefighting equipment, and may include a "telesquirt" type ladder, but specifically excluding aerial ladder or platform capabilities. • Fire Truck- An apparatus that has mounted on the chassis, an aerial ladder or aerial platform, "TRUCK COMPANY" equipment, and may include a fire pump, fire hose, and water tank. • Hazardous Materials (HAZMAT) Unit- An apparatus that has tools and equipment used in the mitigation of Hazardous Materials incidents. · • Paramedic Engine or Paramedic Assessment Engine -A fire engine that carries Advanced Life Support equipment. • Paramedic Unit- Any Fire Department vehicle, other than a fire engine or fire truck, that carries Advanced Life Support equipment. • Special Purpose Apparatus -Apparatus (as described in No. 1 above), not otherwise defined in this policy and utilized for response to alarms. 2. Fire Company- A firefighting force commanded by a single Fire Captain (or a person assigned/qualified as such). 3. In-Service - Personnel, apparatus, and/or equipment that are available for dispatch to an alarm or actively involved in an alarm. HB -241-Item 15. - 54 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT G – POLICY –14, MINIMUM STAFFING AND FILLING OF VACANCIES HBFA MOU July 1, 2017 – June 30, 2018 46 Deleted: October Deleted: 5 Deleted: 7 4. Qualified Personnel - Any Huntington Beach Fire Department employee meeting the minimum qualifications for the position as detailed in Policy D-10 who is operating/ functioning with the approval of the on-duty Battalion Chief. POLICY The Duty Battalion Chief shall be responsible to ensure that each fire station and each apparatus are fully staffed according to this policy. A. MINIMUM STAFFING The City of Huntington Beach (City) shall cause apparatus to be staffed with sufficient personnel to ensure the safety of employees and the control of risk. For these purposes, the minimum staffing shall be as follows: 1. Each Fire Company shall be staffed with a minimum of three (3) personnel and may be assigned various firefighting or other emergency related activities, as well as routine duties. Fire Companies are generally assigned as engine companies or truck companies when they operate with a fire engine or fire truck apparatus. They may, however, operate without apparatus or with more than one (1) vehicle or apparatus. When operating with more than one (1) vehicle or apparatus, the minimum staffing requirements of this section shall be required when the vehicle is operated on an incident scene. Apparatus responding Code 3 shall be staffed with a minimum of two (2) persons. 2. Each in-service engine company shall be staffed with no less than one (1) Fire Captain, one (1) Fire Engineer, and one (1) Firefighter. Any member may be a Paramedic. a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are available, that Fire Company may continue to respond to augment single engine alarms. A second fully staffed engine shall be dispatched. 3. Each in-service truck company shall be staffed with no less than one (1) Fire Captain, one (1) Fire Engineer and two (2) Firefighters. Any member may be a Paramedic. a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are available, that Fire Company may continue to respond to augment single engine alarms. A second fully staffed engine shall be dispatched. 4. Each in-service paramedic unit shall be staffed with no less than two (2) certified Paramedics. 5. Each in-service paramedic engine company shall be staffed with no less than one (1) Fire Captain, one (1) Fire Engineer, and two (2) Firefighters. Two (2) of the members must be certified Paramedics. HB -242-Item 15. - 55 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT G – POLICY –14, MINIMUM STAFFING AND FILLING OF VACANCIES HBFA MOU July 1, 2017 – June 30, 2018 47 Deleted: October Deleted: 5 Deleted: 7 a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are available, that Fire Company may continue to respond to augment single engine alarms. A second fully staffed engine shall be dispatched. 6. Each in-service paramedic assessment engine company shall be staffe d with no less than one (1) Fire Captain, one (1) Fire Engineer, and one (1) Firefighter. One (1) of the members must be a certified Paramedic. a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are available, that Fire Company may continue to respond to augment single engine alarms. A second fully staffed engine shall be dispatched. 7. Each in-service hazardous materials apparatus shall be staffed with a fire company of which the regularly assigned personnel shall be specially trained in hazardous materials incident practices and procedures. One or more of the personnel staffing the hazardous materials apparatus may be assigned as technical advisors to an emergency's Incident Commander. When this occurs, the remaining personnel may be reassigned to other companies involved in the incident or other Hazardous Materials Joint Powers Authority providers. 8. Special purpose apparatus shall be staffed with no less than one (1) person (Fire Engineer or Firefighter assigned/qualified as such) when responding Code 2, and with no less than two (2) personnel (one of whom must be a Fire Engineer or a Firefighter assigned/qualified as a Fire Engineer) when responding Code 3 to alarms. 9. Fire apparatus not considered to be in service shall no t be required to have personnel assigned to them for the purposes of this Article. 10. The minimum staffing as set forth in this Article shall be specifically and exclusively from public safety employees of the Huntington Beach Fire Department for all routine activities and normal shift duties. Reserve Firefighters shall not be used to meet minimum staffing levels. a. No employee shall be assigned to more than one (1) fire-company at the same time for all routine activities and normal shift duties. b. Routine activities and normal shift duties shall include those emergencies that would normally be handled by the on-duty suppression force. C. FILLING VACANCIES 1. Employees acting in a higher classification, when properly qualified, shall be considered equivalent to the required classification. HB -243-Item 15. - 56 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT G – POLICY –14, MINIMUM STAFFING AND FILLING OF VACANCIES HBFA MOU July 1, 2017 – June 30, 2018 48 Deleted: October Deleted: 5 Deleted: 7 c. Employees acting in a higher classification shall be paid acting pay for all time worked in the higher class when the time cumulatively exceeds two (2) hours within one (1) 24 -hour shift. Acting pay will be calculated based on the step range of the higher classification, which provides at least a five percent range differential. For example, a Firefighter at E step who is qualified and acts as an Engineer will be compensated at the hourly rate of a D step Engineer, which is equal to or greater than a five percent differential. 2. Any employee assigned to serve in the capacity of Battalion Chief's Aide shall not be utilized to satisfy any of the minimum staffing requirements except as set forth in this Article. The BC's Aide may be utilized to fill a position for which he/she is qualified to serve in cases of temporary fill-in of four (4) hours or less. 3. Either one (1) Firefighter or one (1) Firefighter Paramedic assigned to a truck company may be utilized for special assignments for a period not to exceed four (4) hours in a 24 hour period. 4. REPLACEMENT CALLBACK. When a vacancy exists on any apparatus, the Department will be obligated to meet minimum staffing obligations of this Article by use of off -duty personnel on an overtime basis. In the event an apparatus is placed out of service, those persons previously assigned thereto may be utilized to fill any vacancy prior to the use of off-duty personnel on an overtime basis. 5. When a vacancy exists on any apparatus, the vacancy shall be filled rank for rank based upon the provisions of the Fire Department's Policy D-3 (Callback Staffing System). D. NEW EQUIPMENT 1. If the City makes a managerial decision to change staffing levels provided for in the MOU, or to utilize any new apparatus over and above that presently in use, the City and the Association shall Meet and Confer in good faith prior to such action being implemented. 2. The Meet and Confer process/obligation shall apply to any managerial decision to eliminate any paramedic unit(s) / van(s). E. CHANGES IN STAFFING 1. If either party requests a Meet and Confer, as indicated in New Equipment and Changes in Staffing sections above, the parties shall complete the process (including any impasse procedure) within 60 days, unless otherwise extended by mutual agreement. HB -244-Item 15. - 57 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT H – FIREFIGHTERS’ RIGHTS TO APPEAL DISCIPLINARY ACTION HBFA MOU July 1, 2017 – June 30, 2018 49 Deleted: October Deleted: 5 Deleted: 7 The following appeals procedures are adopted pursuant to Government Code § 3254.5 of the Firefighters Procedural Bill of Rights Act and supersede any personnel rules to the contrary. 1. DEFINITIONS a. The term “firefighter” means an employee who is considered a “firefighter” under Government Code § 3251(a). b. The term “punitive action” means any action defined by Government Code §3251(c), i.e., “any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.” 2. APPEAL OF A PUNITIVE ACTION NOT INVOLVING DISCHARGE, DEMOTION OR SUSPENSION OR REDUCTION IN SALARY OF A FIREFIGHTER Pursuant to Government Code § 11445.20, the following informal hearing procedure shall be utilized for an appeal by a firefighter of a punitive action not involving discharge, demotion, reduction in salary or suspension. a. Notice of Appeal - Within fifteen (15) calendar days of receipt by a firefighter of notification of punitive action as set forth above, the firefighter shall notify the office of the Fire Chief in writing of the firefighter’s intent to appea l the punitive action. The notice of appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal. b. Presiding Officer - In an informal hearing, a Division Chief shall be the presiding officer. A Division Chief shall conduct the informal hearing in accordance with these procedures and shall make the final decision. If the Division Chief cannot serve as the hearing officer because of actual bias, prejudice or interest as defined by Government Code §11425.40, then the Fire Chief or his/her designee shall serve as the Presiding Officer and shall make the final decision. Written reprimands adjudicated following the informal process provided herein shall be removed from the employee’s personnel file after two years if no similar occurrence takes place within that time. If a similar occurrence takes place (as determined by the Fire Chief) the discipline shall remain until two years have passed without such an occurrence. c. Burden of Proof - The employer shall bear the burden of proof at the hearing. 1) If the action being appealed does not involve allegations of employee misconduct, the limited purpose of the hearing shall be to provide the officer the opportunity to establish a record of the circumstances surrounding the action. The Department’s burden of proof shall be satisfied if the Department establishes by a preponderance of the evidence that the action was reasonable. The Department’s burden of proof may be HB -245-Item 15. - 58 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT H – FIREFIGHTERS’ RIGHTS TO APPEAL DISCIPLINARY ACTION HBFA MOU July 1, 2017 – June 30, 2018 50 Deleted: October Deleted: 5 Deleted: 7 satisfied even though reasonable persons may disagree about the appropriateness of the action. 2) However, if the punitive action involves charges of misconduct, the Department shall have the burden of proving by a preponderance of the evidence the facts which form the basis for the charge and that the punitive action was reasonable under the circumstances. d. Conduct of Hearing 1) The formal rules of evidence do not apply, although the Presiding Officer shall have discretion to exclude evidence which is incompetent, irrelevant or cumulative, or the presentation of which will otherwise consume undue time. 2) The parties may present opening statements. 3) The parties may present evidence through documents and testimony. aa. Witnesses shall testify under oath. bb. Subpoenas may be issued pursuant to Government Code §§11450.05- 11450.50. 4) Following the presentation of evidence, if any, the parties may submit oral and/or written closing arguments for consideration by the hearing officer. e. Recording of the Hearing - The hearing may be tape recorded or stenographically recorded by a Certified Court Reporter by either party . The per diem cost of the court reporter shall be equally borne by the parties. The cost to receive a transcript of the hearing shall be borne by the party requesting the transcript. f. Representation - The firefighter may be represented by an association representative and/or attorney of his or her choice at all stages of the proceedings. All costs associated with such representation shall be borne by the firefighter. g. Decision - The decision shall be in writing pursuant to Government C ode §11425.50. The decision shall be served personally or by first class mail, postage pre-paid, upon the firefighter as well as his/her attorney or representative, shall be accompanied by an affidavit or certificate of mailing, and shall advise the firefighter that the time within which judicial review of the decision may be sought is governed by Code of Civil Procedure § 1094.6. 3. APPEAL OF A DISCIPLINARY DECISION INVOLVING DISCHARGE, REDUCTION IN SALARY, DEMOTION OR SUSPENSION OF A FIREFIGHTER a. In those instances where the procedures in Government Code §§ 11400, et seq. are inapplicable to an administrative appeal, the administrative appeal shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code. HB -246-Item 15. - 59 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT H – FIREFIGHTERS’ RIGHTS TO APPEAL DISCIPLINARY ACTION HBFA MOU July 1, 2017 – June 30, 2018 51 Deleted: October Deleted: 5 Deleted: 7 b. Notice of Discipline as Accusation - The final notice of discipline which may be issued at the conclusion of any pre-disciplinary procedures shall serve as the Accusation as described in Government Code §§ 11500, et seq. Pursuant to Government Code section 3254, subsection (f), the discipline shall not be effective sooner than 48 hours of issuance of the final notice of discipline. The notice shall be prepared and served in conformity with the requirements of Government Code §§11500, et seq. A copy of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code shall be provided to the firefighter concurrently with the notice of discipline. c. Notice of Defense/Request for Hearing - Within 15 calendar days after service of the accusation the respondent may file with the office of the Fire Chief a notice of defense in which the respondent may: 1) Request a hearing; 2) Object to the accusation upon the ground that it does not state acts or omissions upon which the agency may proceed; 3) Object to the form of the accusation on the ground that it is so indefinite or uncertain that the respondent cannot identify the transaction or prepare a defense; 4) Admit the accusation in whole or in part; 5) Present new matter by way of defense; 6) Object to the accusation upon the ground that, under the circumstances, compliance with the requirements of a regulation would result in a material violation of another regulation enacted by another department affecting substantive rights; Within the time specified respondent may file one or more notices of defense upon any or all of these grounds but all of these notices shall be filed within that period unless the agency in its discretion authorizes the filing of a later notice. The respondent shall be entitled to a hearing on the merits if the respondent files a notice of defense, and the notice shall be deemed a specific denial of all parts of the accusation not expressly admitted. Failure to timely file a notice of defense shall constitute a waiver of respondent's right to a hearing, but the agency in its discretion may nevertheless grant a hearing. Unless objection is taken as provided in Government Code Section 11506, all objections to the form of the accusation shall be deemed waived. The notice of defense shall be in writing signed by or on behalf of the respondent and shall state the respondent's mailing address. It need not be verified or follow any particular form. d. Administrative Law Judge - Pursuant to Government Code § 11512, the City has determined that appeals shall continue to be heard by the Personnel Commission with the administrative law judge presiding at the hearing, pursuant to Government Code § HB -247-Item 15. - 60 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT H – FIREFIGHTERS’ RIGHTS TO APPEAL DISCIPLINARY ACTION HBFA MOU July 1, 2017 – June 30, 2018 52 Deleted: October Deleted: 5 Deleted: 7 11512(b). The administrative law judge shall rule on the admission and exclusion of evidence and advise the Personnel Commission on matters of law. The Personnel Commission shall exercise all other powers relating to the conduct of the hearing pursuant to pre-established Huntington Beach Rules. The process contemplated in this subsection may be “reopened” for discussion after three years. e. Time and Place of Hearing - Pursuant to Government Code § 11508, unless otherwise decided by the Personnel Commission, a hearing shall be conducted at City Hal l at a time to be determined by the Personnel Commission. f. Notice of the Hearing - Notice of the hearing shall be provided to the parties pursuant to Government Code § 11509. g. The Personnel Commission may recommend to sustain, reduce, or rescind the disciplinary action taken where evidence produced in the hearing warrants such recommendation. The standard at the hearing shall be “Just Cause.” In all instances, the Personnel Commission shall certify copies of its findings and decision to the City Manager, the department head from whose action the appeal was made, and the appellant employee. The Board’s decision shall be final. Requests for reconsideration by the Personnel Commission shall be governed by Government Code §11527. The decision shall be in writing. The decision shall be served personally or by first class mail, postage pre-paid, upon the firefighter as well as his/her attorney or representative, and shall be accompanied by an affidavit or certificate of mailing. Judicial review of the decision may be sought pursuant to Government Code § 11523 and the Code of Civil Procedure. h. In the event California Law cited herein is modified, these rules shall also be automatically modified in accordance thereto. HB -248-Item 15. - 61 Huntington Beach City Council Meeting 07/17/17 HB -249-Item 15. - 62 HBFA – Tentative Agreement Term – 12 months July 1, 2017 – June 30, 2018 Minimum Staffing Keep current minimum staffing language, with SUNSET date of June 30, 2018.SUNSET date of June 30, 2018. Probationary Period (1-year) Paramedic Pay (AHA/AAP Standard) Bereavement Add – Daughter-In-Law & Son-In-Law Estimated Cost - $3,500HB -250-Item 15. - 63 Dept. ID City Attorney's Office Page 1 of 2 Meeting Date: 7/17/2017 Statement of Issue: The City Council adopted Ordinance No. 4078 on December 7, 2015, to incorporate increased transparency in labor negotiations. The Ordinance, which became effective on January 7, 2016, codified several transparency items including the posting of rejected proposals and counter- proposals, costing reports, and set forth a process in which to adopt a Memorandum of Understanding with an affected employee bargaining unit (Association). This item approves for introduction Ordinance No. 4116, which upon its effective date, will repeal Ordinance No. 4078 in its entirety and replace it with an amended Transparency Ordinance set forth as Chapter 2.71. Financial Impact: Not applicable. Recommended Action: Approve for introduction Ordinance No. 4116, "An Ordinance of the City of Huntington Beach Repealing Chapter 2.70 Relating to Openness in Labor Negotiations and Replacing with Ordinance No. 4116, Chapter 2.71 Relating to Openness in Labor Negotiations." Alternative Action(s): Do not approve and direct the City Attorney to make changes. Analysis: On September 21, 2015, the City Council directed the City Attorney to draft a transparency in labor negotiations ordinance that incorporated five (5) components as listed on a Councilmember item submitted by Council Members Peterson and Posey. The City Attorney drafted Ordinance No. 4078 which was approved for introduction on November 16, 2015, adopted on December 7, 2015, and enacted as of January 7, 2016. Over the course of the last 18 months, the City has successfully operated under Ordinance No. 4078 and concluded Memorandums of Understanding with seven (7) of its employee bargaining units. However, two associations filed Unfair Practice Charges (UPC) with the Public Employment Relations Board (PERB) and one association filed a lawsuit in Superior Court. The two Unfair Practice Charges and single lawsuit alleged, in part, that the City violated the Meyers-Milias-Brown Act which regulates public employment practices. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 7/17/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Michael E. Gates, City Attorney PREPARED BY: Ken Domer, Assistant City Manager SUBJECT: Approve for introduction Ordinance No. 4116, adding Huntington Beach Municipal Code (HBMC) Chapter 2.71 and repealing Chapter 2.70 relating to transparency in labor negotiations HB -251-Item 16. - 1 Dept. ID City Attorney's Office Page 2 of 2 Meeting Date: 7/17/2017 Through a mediated settlement conference with one association, the City agreed to amend the Transparency in Labor Negotiations Ordinance along the following manner: • Delete Section 2.70.070 (d) which required all compensation increases to be effective no earlier than the beginning of the first full pay period following City Council adoption. • Amend Section 2.70.040 (a) to create the concept of “rounds” thereby providing simultaneous disclosure of rejected proposals/counter-proposals. • Clarify that the City’s proposal and/or counter-proposal is to be posted online. • Add Section 2.70.050 (c) to provide an Association a process in which to meet with the City to discuss the methodology for costing proposals. Any such meeting shall not unduly delay the reasonable progression of the meet and confer process. In addition, based on the practical application of the transparency ordinance since it was first enacted, Section 2.70.050 (a) was amended to ensure that cost reports for a specific round are not posted prior to the actual round being posted. This amendment ensures that costing reports are completed within the required 20-day timeframe, but only posted after the conclusion of a defined round. These new changes, along with all other parts of Chapter 2.70, will become, upon the effective date, a new Chapter 2.71 and Chapter 2.70 as promulgated by Ordinance No. 4078, will be repealed. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and Maintain City Service Delivery Attachment(s): 1. Ordinance No. 4116, "An Ordinance of the City of Huntington Beach Repealing Chapter 2.70 Relating to Openness in Labor Negotiations and Replacing with Ordinance No. 4116, Chapter 2.71 Relating to Openness in Labor Negotiations" 2. Ordinance No. 4116 Legislative Draft HB -252-Item 16. - 2 ORDINANCE NO. 4116 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING CHAPTER 2.70 RELATING TO OPENNESS IN LABOR NEGOTIATIONS AND REPLACING WITH ORDINANCE NO. 4116, CHAPTER 2.71 RELATING TO OPENNESS IN LABOR NEGOTIATIONS WHEREAS, the City Council of the City of Huntington Beach finds that the process of conducting transparent and open labor negotiations is essential to good government; and The City of Huntington Beach is a Charter City; and The California Constitution provides Charter Cities the direct power and "plenary authority" to determine the compensation of their officers and employees. (Cal. Const., Article XI, § 5, subds., (a), (b), and (b)(4)); and The California Constitution provides Charter Cities the direct power and authority to make and enforce all Ordinances and regulations in respect to municipal affairs. (Cal. Const., Article XI, § 5, subds., (a)); and The California Constitution provides that Charter Cities authority with respect to municipal affairs shall supersede all laws inconsistent therewith. (Cal. Const., Article XI, § 5, subds., (a)); and The City, through coordinated and concerted efforts since June of 2015, has met and conferred with each of the City's recognized collective bargaining units regarding the terms and details of Ordinance No. 4078 and amendments thereto; and Government Code Section 3500 (Meyers-Milias-Brown Act, hereinafter as "the Act") provides in pertinent part that the purpose and intent of the Act is "to strengthen merit, civil service and other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communication between employees and the public agencies by which they are employed"; and Consistent with the foregoing authorities, the City Council finds that the Labor Negotiations between the City and its employees regarding bargained for wages, hours, and other terms and conditions of employment, will benefit from an informed and knowledgeable public; and The City Council finds that the collective bargaining by the City and its employees will be enhanced when done in the presence of an informed public. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: 17-5853/161721/MV 1 HB -253-Item 16. - 3 ORDINANCE NO. 4116 SECTION 1. The Huntington Beach Municipal Code, Chapter 2.70, entitled "Openness in Labor Negotiations," is hereby repealed and replaced in its entirety to read as follows: Chapter 2.71 — OPENNESS IN LABOR NEGOTIATIONS 2.71.010 Applicability This Chapter shall apply to all Labor Negotiations between the City and a City- recognized collective bargaining unit(s) (hereinafter "Association") in the securing of a labor agreements in the form of Memorandums of Understanding ("MOU") or amendments thereto including negotiated "side letters" with the City relating to and/or having a material relationship to wages, hours, and terms and conditions of employment that are within the scope of bargaining. Any discussions, meet and confers, negotiations, and/or other communications between the City and Association(s) regarding proposed changes to wages, hours, and/or any other terms or conditions of employment within the scope of bargaining may also be referred to in this Ordinance as "Labor Negotiations." 2.71.020 Pre-Negotiation, Meet and Confer on Ground Rules The City affirms its obligation to meet and confer in good faith with each of its recognized Associations regarding all matters within the scope of representation, including mandatory subjects of bargaining, in accord with California Government Code Sections 3504 and 3505. The City Manager and/or his or her designee(s) shall meet with each of the City's Associations regarding any and all ground rules for upcoming Labor Negotiations prior to the commencement of Labor Negotiations, as defined by this Chapter. 2.71.030 Negotiator A. Where an independent negotiator is deemed not necessary by the City Council for a particular Labor Negotiation, the City Manager or designee will act as the lead negotiator ("designated negotiator") on behalf of the City. No designee may be a member of an association. B. An independent negotiator may be appointed by the City Council to lead the City in Labor Negotiations. If an independent negotiator is deemed necessary by the City Council, he or she shall: (1) not be an employee of the City; (2) not be a member of the public pension plan that covers City employees; and (3) have a demonstrated expertise in negotiating labor and employment agreements on behalf of municipalities. 17-5853/161721/MV 2 HB -254-Item 16. - 4 ORDINANCE NO. 4116 C. The City Council may designate one or more executive or management level employees to assist the designated or independent negotiator as deemed appropriate. D. The City Council shall report out to the public the identity of the designated or independent negotiator for each Labor Negotiation upon designation. 2.71.040 Negotiation Disclosures to Public A. After the first submitted proposal and counter-proposal have been made by both the City and the Association, the subsequent written proposals shall be simultaneously reported to the public by the City Council. The method of reporting shall be by "rounds," defined as the written exchange of a proposal and counter-proposal. The subject written proposals shall be made public 24 hours after accepting or rejecting a counter-proposal by posting them on a designated area of the City's website. This section shall not mandate publication of City Council-directed future proposals and/or the analytical thought process utilized by the City Council in Labor Negotiations. B. No verbal or written reports or publications to the public regarding offers and counter-offers waive the attorney-client privileges that attach to closed session. All other information communicated during closed session, excluding published offers and counter-offers, will remain subject to and covered by the privilege. By passing the Ordinance codified in this chapter, the City Council does not waive this privilege of confidentiality. 2.71.050 Cost of Proposals and Labor Agreements A. Except for the first proposal and counter-proposal made, the Chief Financial Officer shall cause to be prepared a report determining the fiscal impacts attributed to each term and condition of employment of each subsequent written proposal resulting from Labor Negotiations, using the current MOUs as a baseline. These cost reports will be presented for review by the City Council, the affected association, and the general public within 20 days after said proposal is made, or after a round as defined in 2.70.040 (a) is concluded, whichever is later. B. The Chief Financial Officer shall also cause to be prepared a report determining the fiscal impacts attributed to each term and condition of employment in the final, tentatively agreed upon labor agreement resulting from Labor Negotiations, which is reduced to writing in the form of an MOU between the City and the Association. This cost report will be presented for review by the City Council, the affected association, and the general public at least 30 days prior to the final MOU being acted upon by City Council. 17-5853/161721/MV 3 HB -255-Item 16. - 5 ORDINANCE NO. 4116 C. The City will meet with the Association upon request to discuss the methodology for costing proposals and labor agreements. A meeting may serve to explain the basis for costing, try to resolve a dispute regarding costing methodology, or discuss the results of costing. Any such meeting(s) shall not unduly delay the reasonable progression of the meet and confer process. 2.71.060 Council Member Disclosures Each City Council member shall disclose both during closed sessions and publicly in open sessions, the identity of any and all association representatives with whom the City Council member has had any verbal, written, electronic or other communication(s) regarding a subject matter of pending labor negotiations. 2.71.070 Adoption of Memorandum of Understanding A. A proposed MOU shall be introduced at the City Council not more than 30 days after the initial City Council consideration and tentative approval. B. At each City Council meeting, the proposed MOU shall be agendized as an administrative item. C. The rendering of a final City Council determination regarding adoption of an MOU shall only be undertaken after the matter has been heard at a minimum of two open City Council meetings, wherein the public has had the opportunity to review and comment on the matter. SECTION 2. Inconsistencies. Any provision of the Huntington Beach Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and or further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance. SECTION 3. Severability. If any provision or clause of this Ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this Ordinance, which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this Ordinance are declared to be severable. SECTION 4. This Ordinance shall become effective 30 days after its adoption. 17-58531161721/MV 4 HB -256-Item 16. - 6 ORDINANCE NO. 4116 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2017. Mayor ATTEST: City Clerk APPROVED AS TO FORM: REVIEWED AND APPROVED: City Manager 17-5853/161721IMV 5 HB -257-Item 16. - 7 LEGISLATIVE DRAFT HBMC Chapter 2.70 RESERVED 27OrO1O Applicability Ian apply TO au moor negotio ec-ogni-z-eo-.ec bargaining unit(s) (hereinafter "association") in the securing of labor agreements in the form of conditions of employment that are within the scope of bargaining. Any-disease,ions, meet and confers, negotiations, and/or other communications between the City as "labor negotiations." (4078 12/15) The City Manager and/or designee(s) shall meet with each of the City's associations regarding EK9 g-OHO negotiations, as defined by this chapter. (4078 12/15) association. B. An independent negotiator may be appointed by the City Council to lead the City in or she shall: (1) not be an employee of the City; (2) not be a member of the public pension A. After the first submitted offer and counter offer have been made, the City Council shall 1 HB -258-Item 16. - 8 the association. This cost report will be presented for .- " e _ : - - - • • - B. No verbal or written reports or publications to the public regarding offers and counter offers waive the attorney client privileges that attach to closed session. All other chapter, the City Council does not waive this privilege of confidentiality. (1078 12/15) Dr made. the Director ; : : t. • ; . • : ; ; aff1131-EPfffletit-01-efte B014E B+I-e labor negotiations, using the current MOUs as a baseline. Those cost reports will be DUflC within 20 days after said proposal is made, efr-se 3+14434+13 pi-eneiR Fie-tele HIE 3.1119 fteeifefH-e-er-effie matter-of-pending labor negotiations. (1078 12/15) the initial City Council consideration and tentative approval. B. At each City Council meeting, the proposed MOU shall be agemlized as an administrative-item: C. The rendering of a final City Council determination regarding adoption of an MOU matter. D. All compensation increases shall be effective no earlier than the beginning of the first payp eriod following City Council adoption. (/1078 12/15) 2 HB -259-Item 16. - 9 Chapter 2.71 — OPENNESS IN LABOR NEGOTIATIONS 2.71.010 Definition and Applicability This Chapter shall apply to all Labor Negotiations between the City and a City-recognized nize1 _ c_ collective (hereinafter "Association") in the securing of a labor agreements in the form of Memorandums of Understanding ("MOU") or amendments thereto including negotiated "side letters" with the City relating to and/or haying a material relationship to wages, hours, and terms and conditions of employment that are within the scope of bargaining, Any discussions meet r communications between the City and Association(s) regarding proposed changes to wages, hours, and/or any other terms or conditions of employment within the scope of bargaining may also be referred to in this Ordinance as "Labor Negotiations." 2.71.020 Pre-Negotiation, Meet and Confer on Ground Rules The City affiiiiis its obligation to meet and confer in good faith with each of its recognized Associations regarding all matters within the scope of re resentation including man ainin in accord with California Government Code Sections 3504 and 3505. The City Manager and/or his or her designee(s) shall meet with each of the City's Associations reeardina any and all around rules for upcoming Labor Negotiations prior to the commencement of Labor Negotiations, as defined by this Chapter. 2.71.030 Negotiator A. Where an independent negotiator is deemed not necessary by the City Council for a particular Labor Negotiation, the City Mana.._er or desi ee will act as the lead negotiator ("designated negotiator") on behalf of the City. No designee may be a member of an association. B. An independent negotiator may be appointed by the City Council to lead the City in Labor Negotiations. If an independent negotiator is deemed necessary by the City Council, he or she shall: (1) not be an employee of the City; (2) not be a member of the public pension plan that covers City employees; and (3) have a demonstrated expertise in negotiating labor and employment agreements on behalf of municipalities. 3 HB -260-Item 16. - 10 A. The City Council may designate one or more executive or management level employees to assist the designated or independent negotiator as deemed appropriate. B. The City Council shall report out to the public the identity of the designated or independent negotiator for each Labor Negotiation upon designation. 2.71.040 Negotiation Disclosures to Public A. After the first submitted proposal and counter-proposal have been made by both the City and the Association, the subsequent written proposals shall be simultaneously reported to the public by the City Council. The method of reporting shall be by "rounds," defined as the written exchange of a proposal and counter-proposal. The subject written proposals shall be made public 24 hours after accepting or rejecting a counter-proposal by postingthem on a designated area of the City's website. This section shall not mandate publication of City Council-directed future proposals and/or the analytical thought process utilized by the City Council in Labor Negotiations. B. No verbal or written reports or publications to the public regarding offers and counter-offers waive the attorney-client privileges that attach to closed session. All other information communicated during closed session, excluding published offers and counter-offers, will remain subject to and covered by the privilege. By passing the Ordinance codified in this chapter, the City Council does not waive this privilege of confidentiality. 2.71.050 Cost of Proposals and Labor Agreements Except for the first proposal and counter-proposal made. the Chief Financial Officer shall cause to be prepared a report determining the fiscal impacts attributed to each term and condition of employment of each subsequent written proposal resulting from Labor Negotiations, using the current MOUs as a baseline. These cost reports will be presented for review by the City Council, the affected association, and the general public within 20 days after said proposal is made, or after a round as defined in 2.70.040 (a) is concluded, whichever is later. A. The Chief Financial Officer shall also cause to be prepared a report determining the fiscal impacts attributed to each term and condition of employment in the final, tentatively agreed upon labor agreement resulting from Labor Negotiations, which is reduced to writing in the fowt of an MOU between the City and the Association. This cost report will be presented for review by the City Council, the affected association, and the 4 HB -261-Item 16. - 11 general public at least 30 days prior to the final MOU being acted upon by City Council. C. The City will meet with the Association upon request to discuss the methodolog y proposals d labor agreements. A meeting ma y serve to explain the basis for costing, try to resolve a dispute regarding costing methodology, or discuss the results of costing. Any such meeting(s) shall not unduly delay the reasonable progression of the meet and confer process. 2.71.060 Council Member Disclosures Each City Council member shall disclose both during closed sessions and publicly in open sessions, the identity of any and all association representatives with whom the City Council member has had any verbal, written, electronic or other communication(s) regarding a subject matter of pending labor negotiations. 2.71.070 Adoption of Memorandum of Understanding A proposed MOU shall be introduced at the City Council not more than 30 days after the initial City Council consideration and tentative approval. A. At each City Council meeting, the proposed MOU shall be agendized as an administrative item. The rendering of a final City Council deteitaination regarding adoption of an MOU shall only be undertaken after the matter has been heard at a minimum of two open City Council meetings, wherein the public has had the opportunity to review and comment on the matter. 5 HB -262-Item 16. - 12