HomeMy WebLinkAbout2018-10-15 Agenda PacketMEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members
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AGENDA
CITY COUNCIL/PUBLIC FINANCING AUTHORITY
Monday, October 15, 2018
Council Chambers
2000 Main Street
Huntington Beach, CA 92648
Study Session - None / Closed Session - 4:30 PM
Regular Meeting - 6:00 PM
MAYOR AND CITY COUNCIL
MIKE POSEY, Mayor
ERIK PETERSON, Mayor Pro Tem
PATRICK BRENDEN, Councilmember
BARBARA DELGLEIZE, Councilmember
JILL HARDY, Councilmember
WILLIAM O’CONNELL, Councilmember
LYN SEMETA, Councilmember
STAFF
FRED A. WILSON, City Manager
MICHAEL E. GATES, City Attorney
ROBIN ESTANISLAU, City Clerk
ALISA CUTCHEN, City Treasurer
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City Council/Public Financing Authority AGENDA October 15, 2018
4:30 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda
Distribution)
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit)
RECESS TO CLOSED SESSION
CLOSED SESSION
18-4271.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: Shay v. City of Huntington
Beach, et al.; USDC Case No.: 8:17-CV-00744-AG (JCGx).
18-4332.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, one (1).
18-4373.Pursuant to Government Code § 54957.6, the City Council shall
recess into Closed Session to meet with its designated labor
negotiators: Fred A. Wilson, City Manager, Peter Brown, outside
counsel and Chief Negotiator, Lori Ann Farrell-Harrison,
Assistant City Manager; also in attendance: David Segura, Fire
Chief, Robert Handy, Chief of Police, Gilbert Garcia, Chief
Financial Officer, Michele Warren, Director of Human Resources
regarding the following: Huntington Beach Firefighters’
Association (HBFA), Municipal Employees’ Association (MEA),
Management Employees’ Organization (MEO), Police Officers’
Association (POA), and Police Management Association (PMA).
18-4384.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: Gary Finney v. City of
Huntington Beach Workers’ Compensation Case Claim No.
COHB-18-0011.
6:00 PM – COUNCIL CHAMBERS
Page 1 of 8
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City Council/Public Financing Authority AGENDA October 15, 2018
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
ROLL CALL
O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
PLEDGE OF ALLEGIANCE
INVOCATION
In permitting a nonsectarian invocation, the City does not intend to proselytize or advance
any faith or belief. Neither the City nor the City Council endorses any particular religious
belief or form of invocation.
18-3055.Mark Currie of Bahá'í of Huntington Beach and member of the
Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY
AWARDS AND PRESENTATIONS
18-3956.Mayor Posey to call on Victoria Alberty to present the Adoptable
Pet of the Month.
18-3827.Mayor Posey to call on Julia Lynch, Executive Officer of
Southeast County Young Marines to proclaim Red Ribbon Week
as October 23-31.
18-4058.Mayor Posey to proclaim October as Arts and Humanities Month,
and present proclamation to Mary Lou Shattuck and Mike Adams,
Co-chairs of the Huntington Beach Art Center Foundation.
18-4349.Mayor Posey to call on members of the Huntington Beach Police
Officers’ Foundation who will present a check from the Constable
Classic Charity Golf Tournament to representatives from Talk
About Curing Autism (TACA).
18-39610.Mayor Posey to call on Director of Community Development
Ursula Luna-Reynosa who will present the Mayor’s Award to
Code Enforcement Officer II, Jimmy Hoang
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda
Distribution)
PUBLIC COMMENTS (3 Minute Time Limit)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234
Page 2 of 8
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City Council/Public Financing Authority AGENDA October 15, 2018
REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
18-43511.Court ruling on the City’s lawsuit against the State regarding SB
54, the Sanctuary State law
18-43612.Filing of new lawsuits in the City’s battle to combat illegal
businesses, including illegal residential rehabilitation treatment
facilities
CONSENT CALENDAR
18-41413.Approve and Adopt Minutes
Approve and adopt the City Council/Public Financing Authority regular meeting minutes
dated October 1, 2018, as written and on file in the Office of the City Clerk.
Recommended Action:
18-32814.Approve and authorize execution of Second Amendment to Site
License Agreement between the City of Huntington Beach and
ATC Outdoor DAS, LLC; and, authorize the City Manager to
substitute and/or increase pole locations as needed
A) Approve and authorize the City Manager to execute “Second Amendment to Site
License Agreement” with ATC Outdoor DAS, LLC; and ,
B) Authorize the City Manager to substitute pole locations as needed and increase pole
locations by 10%, if needed .
Recommended Action:
18-36115.Approve and authorize execution of a three-year contract with
InfoSend, Inc. to provide Utility Bill Statement Design, Print, Mail
and Electronic Delivery Service
Approve and authorize the Mayor and City Clerk to execute “Service Agreement Between
the City of Huntington Beach and InfoSend, Inc. for Bill Statement Printing, Processing and
Delivery Services” in an amount not to exceed $978,000 over a three-year term; and
authorize the City Manager to execute the attached contract .
Recommended Action:
18-36416.Approve and authorize execution of Orange County
Transportation Authority's (OCTA) Utility Agreement No.
UK048088 for the relocation of the City of Huntington Beach
Sugar Drive Water Pipeline, CC-1585, for the 405 Widening
Project
Page 3 of 8
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City Council/Public Financing Authority AGENDA October 15, 2018
Authorize the Mayor and City Clerk to execute “Orange County Transportation Authority
Utility Agreement UK048088” and to return all signed original agreements to OCTA for
their final approval.
Recommended Action:
18-41217.Approve and authorize execution of a Joint Use Agreement
between the City of Huntington Beach and the Westminster
School District (WSD) for Clegg/Stacey Park, 6161 Larchwood
Drive, Huntington Beach
Approve and authorize the Mayor and City Clerk to execute a “Joint Use Agreement
Between the City of Huntington Beach and the Westminster School District.”
Recommended Action:
18-41318.Approve and authorize execution of a Small Cell License
Agreement between the City and Mobilitie, LLC; and, approve the
First Amendment to the Small Cell License Agreement between
the City and new Cingular Wireless PCS, LLC, dba AT&T Mobility
on City-owned street lights
A) Approve the “Small Cell License Agreement” between the City of Huntington Beach
and Mobilitie LLC; and ,
B) Approve the First Amendment to Small Cell License Agreement between the City of
Huntington Beach and new Cingular Wireless PCS, LLC, doing business as AT&T
Mobility, approved as to form by the City Attorney; and ,
C) Authorize the City Manager , with review by the City Attorney, to increase up to 10%
and substitute pole locations on an as needed basis, for both agreements.
Recommended Action:
18-40119.Approve City Council position on legislation pending before the
State Legislature and Congress as recommended by the City
Council Intergovernmental Relations Committee (IRC); and,
authorize City staff and the City’s State Advocate to work with
State legislators and County of Orange staff on crafting potential
legislative language to examine the State’s property tax
apportionment system
A) Approve a City position of support on H.R. 5724 (Rohrabacher) Restoring Community
Oversight of Sober Living Homes Act of 2018; and,
B) Approve a City position of Oppose on recently introduced proposed Bureau of
Cannabis Control Regulations; and ,
C) Authorize City staff and the City’s State Advocate to work with State legislators and
Recommended Action:
Page 4 of 8
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City Council/Public Financing Authority AGENDA October 15, 2018
County of Orange staff on crafting potential legislative language to examine the State’s
property tax apportionment system.
18-37020.Approve FY 2017/18 Year End Adjustment for the Workers’
Compensation Internal Service Fund
Approve the appropriation of $1,245,432 in the Fiscal Year 2017/18 Revised Budget in
the General Fund (100) and transfer to the Self Insurance Workers’ Compensation Internal
Service Fund (551).
Recommended Action:
18-41021.Approve FY 2017/18 Year-End Budget Adjustment for the General
Liability Internal Service Fund
Approve the appropriation of $405,060 in the Fiscal Year 2017/18 Revised Budget in the
General Fund (100) and transfer to the Self Insured General Liability Internal Service Fund
(552).
Recommended Action:
18-41122.Approve the Franklin Park Conceptual Master Plan located at the
former Franklin School site at 14422 Hammon Lane
Approve the Franklin Park Conceptual Master Plan as presented.
Recommended Action:
18-39723.Approve the September 2018 City of Huntington Beach Strategic
Plan Update
Approve the September 2018 Strategic Objectives Update as contained within
Attachment 1.
Recommended Action:
18-39924.Adopt Resolution No. 2018-58 Amending the Conflict of Interest
Code
Adopt Resolution No. 2018-58, “A Resolution of the City Council of the City of Huntington
Beach Amending its Conflict of Interest Code .”
Recommended Action:
18-40925.Adopt Resolution No. 2018-59 declaring the City Council’s
intention to renew the Huntington Beach Tourism Business
Improvement District (HBTBID); fix the time and place of a public
meeting; and, call a public hearing
Adopt Resolution No. 2018-59 “A Resolution of the City Council of the City of Huntington
Beach declaring its intention to renew the Huntington Beach Tourism Business
Improvement District (HBTBID) and fixing the time and place of a public meeting and a
public hearing thereon and giving notice thereof.”
Recommended Action:
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6
City Council/Public Financing Authority AGENDA October 15, 2018
18-41526.Adopt Ordinance 4155 amending Chapter 10.44 of the Huntington
Beach Municipal Code (HBMC) relating to oversized vehicles
(Approved for introduction as amended by Supplemental
Communication on October 1, 2018 - Vote: 7-0)
Adopt Ordinance No. 4155, “An Ordinance of the City of Huntington Beach Amending
Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits.”
Recommended Action:
PUBLIC HEARING
18-35927.Approve Mitigated Negative Declaration No. 16-002, Resolution
No. 2018-27 approving General Plan Amendment No. 16-001, and
Ordinance No. 4161 approving Zoning Map Amendment No.
16-002 (Sea Dance Residential Development - 14422 Hammon
Lane)
PLANNING COMMISSION AND STAFF RECOMMENDATION:
A) Approve Mitigated Negative Declaration No. 16-002 with findings for approval
(Attachment No.1); and,
B) Approve General Plan Amendment No. 16-001 by adopting City Council Resolution
No. 2018-27, “A Resolution of the City Council of the City of Huntington Beach Approving
General Plan Amendment No. 2016-001 (Attachment No. 2);” and ,
C) Approve Zoning Map Amendment No. 16-002 with findings for approval and approve
for introduction Ordinance No. 4161, “An Ordinance of the City of Huntington Beach
Amending District Map 9 (Sectional Map 9-5-11) of the Huntington Beach Zoning and
Subdivision Ordinance to Rezone the Real Property Located at 14422 Hammon Lane
From Public - Semipublic (PS) to Residential Low Density (RL) and Open Space - Park
and Recreation (OS - PR) Zoning Map Amendment No. 2016-002 (Attachment No. 3).
Recommended Action:
ADMINISTRATIVE ITEMS
18-42028.Approve for Introduction Ordinance No. 4165 Adding Chapter
12.40 to the Huntington Beach Municipal Code Making Shared
Mobility Devices or Businesses Unlawful
Approve for Introduction Ordinance No.4165, “An Ordinance of the City Council of the City
of Huntington Beach Adding Chapter 12.40 to the Huntington Beach Municipal Code
Making Shared Mobility Devices or Businesses Unlawful.”
Recommended Action:
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City Council/Public Financing Authority AGENDA October 15, 2018
18-42829.Approve Tentative Agreement and introduction of proposed
Memorandum of Understanding (MOU) between the Huntington
Beach Municipal Employees’ Association (MEA) and the City of
Huntington Beach for October 1, 2017, through September 30,
2019
Approve the Tentative Agreement and the introduction of the proposed Memorandum of
Understanding Between the Huntington Beach Municipal Employees’ Association and the
City of Huntington Beach for the period October 1, 2017 , through September 30, 2019.
Recommended Action:
18-43130.Approve 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, 2018 through June 30, 2021
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, 2018 through June 30, 2021.
Recommended Action:
18-43231.Approve Tentative Agreement and introduction of proposed
Memorandum of Understanding (MOU) between the Huntington
Beach Management Employees’ Organization (MEO) and the City
of Huntington Beach for November 1, 2017 through October 31,
2019
Approve the Tentative Agreement and the introduction of the proposed Memorandum of
Understanding Between the Huntington Beach Management Employees’ Organization
(MEO) and the City of Huntington Beach for the period November 1, 2017 through October
31, 2019.
Recommended Action:
COUNCILMEMBER ITEMS
18-42932.Item Submitted by Mayor Posey for the October 15, 2018, City
Council Meeting - Exploration of Legal Remedies to hold
CalPERS Accountable to their Fiduciary Responsibilities
Direct the City Attorney to explore any and all legal remedies to hold CalPERS
accountable to their fiduciary responsibilities of providing a sustainable retirement system
for those that serve California. Return to City Council within 90 days with a proposed
strategy.
Recommended Action:
18-43033.Item Submitted by Mayor Posey for the October 15, 2018, City
Council Meeting - Filing of Claim with the Commission on State
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City Council/Public Financing Authority AGENDA October 15, 2018
Mandates Related to the Passage of Assembly 109
Direct the City Manager and the Police Chief to conduct an analysis of the existence of
financial distress placed upon the City due to the implementation of Assembly Bill 109 and
report back to the City Council within 90 days. If such financial distress exists, the City
should investigate whether this would qualify as a Test Claim with the Commission on
State Mandates.
Recommended Action:
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing
Authority is Monday, November 5, 2018, at 4:00 PM in the Civic Center Council Chambers, 2000
Main Street, Huntington Beach, California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA
AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS
AT
http://www.huntingtonbeachca.gov
Page 8 of 8
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City of Huntington Beach
File #:18-427 MEETING DATE:10/15/2018
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:Shay v. City of
Huntington Beach, et al.;USDC Case No.: 8:17-CV-00744-AG (JCGx).
City of Huntington Beach Printed on 10/10/2018Page 1 of 1
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City of Huntington Beach
File #:18-433 MEETING DATE:10/15/2018
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, one
(1).
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City of Huntington Beach
File #:18-437 MEETING DATE:10/15/2018
Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to
meet with its designated labor negotiators: Fred A. Wilson, City Manager, Peter Brown,
outside counsel and Chief Negotiator, Lori Ann Farrell-Harrison, Assistant City Manager; also
in attendance: David Segura, Fire Chief, Robert Handy, Chief of Police, Gilbert Garcia, Chief
Financial Officer, Michele Warren, Director of Human Resources regarding the following:
Huntington Beach Firefighters’ Association (HBFA), Municipal Employees’ Association (MEA),
Management Employees’ Organization (MEO), Police Officers’ Association (POA), and Police
Management Association (PMA).
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City of Huntington Beach
File #:18-438 MEETING DATE:10/15/2018
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: Gary Finney v. City of
Huntington Beach Workers’ Compensation Case Claim No. COHB-18-0011.
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City of Huntington Beach
File #:18-305 MEETING DATE:10/15/2018
Mark Currie of Bahá'í of Huntington Beach and member of the Greater Huntington Beach
Interfaith Council
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City of Huntington Beach
File #:18-395 MEETING DATE:10/15/2018
Mayor Posey to call on Victoria Alberty to present the Adoptable Pet of the Month.
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City of Huntington Beach
File #:18-382 MEETING DATE:10/15/2018
Mayor Posey to call on Julia Lynch, Executive Officer of Southeast County Young Marines to
proclaim Red Ribbon Week as October 23-31.
City of Huntington Beach Printed on 10/10/2018Page 1 of 1
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City of Huntington Beach
File #:18-405 MEETING DATE:10/15/2018
Mayor Posey to proclaim October as Arts and Humanities Month, and present proclamation to
Mary Lou Shattuck and Mike Adams, Co-chairs of the Huntington Beach Art Center
Foundation.
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City of Huntington Beach
File #:18-434 MEETING DATE:10/15/2018
Mayor Posey to call on members of the Huntington Beach Police Officers’ Foundation who
will present a check from the Constable Classic Charity Golf Tournament to representatives
from Talk About Curing Autism (TACA).
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City of Huntington Beach
File #:18-396 MEETING DATE:10/15/2018
Mayor Posey to call on Director of Community Development Ursula Luna-Reynosa who will
present the Mayor’s Award to Code Enforcement Officer II, Jimmy Hoang
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City of Huntington Beach
File #:18-435 MEETING DATE:10/15/2018
Court ruling on the City’s lawsuit against the State regarding SB 54, the Sanctuary State law
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City of Huntington Beach
File #:18-436 MEETING DATE:10/15/2018
Filing of new lawsuits in the City’s battle to combat illegal businesses, including illegal
residential rehabilitation treatment facilities
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City of Huntington Beach
File #:18-414 MEETING DATE:10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Robin Estanislau, CMC, City Clerk
PREPARED BY:Robin Estanislau, CMC, City Clerk
Subject:
Approve and Adopt Minutes
Statement of Issue:
The City Council/Public Financing Authority regular meeting minutes dated October 1, 2018 require
review and approval.
Financial Impact:
None.
Recommended Action:
Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated
October 1, 2018, as written and on file in the Office of the City Clerk.
Alternative Action(s):
Do not approve and/or request revision(s).
Analysis:
None.
Environmental Status:
Non-Applicable.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. October 1, 2018 CC/PFA Minutes
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Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, October 1, 2018
4:30 PM - Council Chambers
6:00 PM - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A video recording of the 6:00 PM portion of this meeting
is on file in the Office of the City Clerk, and archived at
www.surfcity-hb.org/government/agendas/
Based on the lack of a Study Session and time needed to cover the Closed Session items, the
meeting was called to order at 4:30 PM
4:30 PM - COUNCIL CHAMBERS
CALLED TO ORDER — 4:30 PM
ROLL CALL
Present: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
Absent: None
Pursuant to City Charter Section 309(d) City Attorney Michael Gates requested, and was granted,
permission to be absent.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
(Received After Agenda Distribution) — None
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) — None
RECESSED TO CLOSED SESSION FOR ITEMS 2 – 5 — 4:31 PM
CLOSED SESSION ANNOUNCEMENT(S)
1. 18-317 Mayor Posey Announced: Pursuant to Government Code § 54957.6, the City
Council takes this opportunity to publicly introduce and identify designated labor
negotiators: Fred A. Wilson, City Manager, Peter Brown, outside counsel and Chief
Negotiator, Lori Ann Farrell-Harrison, Assistant City Manager; also in attendance:
David Segura, Fire Chief, Robert Handy, Chief of Police, Gilbert Garcia, Chief
Financial Officer, Michele Warren, Director of Human Resources regarding the
following: Huntington Beach Firefighters’ Association (HBFA), Municipal
Employees’ Association (MEA), Management Employees’ Organization (MEO), and
Huntington Beach Police Officers’ Association (POA).
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CLOSED SESSION
2. 18-377 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:
Shay v. City of Huntington Beach, et al.; USDC Case No.: 8:17-CV-00744-AG (JCGx).
3. 18-378 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into
Closed Session to confer with the City Attorney regarding the following lawsuit:
City of Huntington Beach vs. Surf City Beach Cottages, LP; Orange County
Superior Court Case No. 30-2016-00874885.
4. 18-388 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:
Craig Bryant v. City of Huntington Beach Workers’ Compensation Case Claim No.
COHB-92-0115.
5. 18-392 Pursuant to Government Code § 54957.6, the City Council recessed into Closed
Session to meet with its designated labor negotiators: Fred A. Wilson, City
Manager, Peter Brown, outside counsel and Chief Negotiator, Lori Ann Farrell-
Harrison, Assistant City Manager; also in attendance: David Segura, Fire Chief,
Robert Handy, Chief of Police, Gilbert Garcia, Chief Financial Officer, Michele
Warren, Director of Human Resources regarding the following: Huntington Beach
Firefighters’ Association (HBFA) and Municipal Employees’ Association (MEA),
Management Employees’ Organization (MEO), and Huntington Beach Police
Officers’ Association (POA).
6:00 PM - COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM
ROLL CALL
Present: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
Absent: None
Pursuant to Charter Section 309(d), City Attorney Michael Gates requested, and was granted,
permission to be absent.
PLEDGE OF ALLEGIANCE — Led by Councilmember Semeta
INVOCATION
In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or
belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.
6. 18-304 Marsha Rechsteiner of Sts. Simon & Jude Catholic Church and member of the
Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY — None
24
AWARDS AND PRESENTATIONS
7. 18-379 Mayor Posey presented commendations to members of the Air Traffic Noise
Working Group to thank them for their participation.
Members present to accept their commendation were Michael Bourgeault, Phil Burtis, Chris Kunze, Jeff
Morin, Ed Mountford, Dave Porter, Gordon Smith and Mario Tabernig.
8. 18-380 Mayor Posey called on representatives from Orange County Transportation
Authority (OCTA) to introduce the on-demand pilot program called "OC Flex."
Johnny Dunning, Jr, Department Manager, Scheduling and Customer Advocacy, Orange County
Transportation Authority (OCTA), presented a PowerPoint communication entitled OC Flex OCTA’s
Micro-Transit Pilot Program, with slides titled: OC Flex — Service Background, OC Flex — On Demand
Service, OC Flex — Vehicles, OC Flex — Fares, Marketing Strategies/Tactics, and Next Steps.
Councilmembers and Mr. Dunning discussed several details about the program such as expected wait
times, seat belts required for all passengers, fees, age limit of 13 to ride without an adult, and how this
area was selected for the pilot program.
9. 18-381 Mayor Posey called on members of the Huntington Beach Police Officers’
Foundation to present a check from the Constable Classic Charity Golf Tournament
to representatives from Talk About Curing Autism (TACA).
10. 18-389 Mayor Posey called on Huntington Beach Fire Chief David Segura who proclaimed
National Fire Prevention Week October 7 through 13.
Fire Chief Segura explained the Look, Listen, Learn theme of National Fire Prevention Week as: Look
for places where fires could start; Listen for the sound of smoke alarms; and, Learn two ways out of
every room. He thanked and acknowledged the City's Fire Prevention staff who focus on education and
enforcement, and announced the Fire Department Annual Open House on Saturday, October 13, 10 am
— 2 pm at the Gothard Fire Station with live demonstrations and tours.
11. 18-393 Mayor Posey called on Lindsey Zindroski from OC Makerspace, Chris Whiteside,
Executive Dean from Golden West College, and John Hobson from Cielo and
presented a proclamation declaring October 5 as National Manufacturers Day.
Ms. Zindroski explained that National Manufacturers Day is an opportunity to acknowledge the
importance of the manufacturing industry to Huntington Beach. Mr. Whiteside briefly described the
manufacturing program offerings at Golden West College, and Mr. Hobson stated that modern day
manufacturing includes many small businesses, which provide specialty support to bigger businesses.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Consent Calendar
Item No. 12 — 18-367 Interdepartmental Communication from Robin Estanislau, City Clerk, entitled
Supplemental Communication — Correction to Agenda Item #12 — City Council Draft Minutes dated
9/17/2018.
25
Public Hearing
Item No. 18 — 18-332 PowerPoint communication submitted by Kellee Fritzal, Deputy Director
Economic Development, entitled Amendment to HUD 2018-2019 Annual Action Plan for CDBG/HOME
Programs.
Ordinances for Introduction
Item No. 19 — 18-337 PowerPoint communication submitted by Police Chief Robert Handy, entitled
Oversized Vehicles - Ordinance 4155 - Amend HBMC 10.44.
Item No. 19 — 18-337 Email communications regarding oversized vehicles received from Linda
Peterson and Gina Borchers.
Item No. 19 — 18-337 Memorandum from Police Chief Robert Handy providing a revised draft of
Ordinance No. 4155.
PUBLIC COMMENTS (3 Minute Time Limit)
The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb.org/government/agendas.
Maureen was called to speak and shared her opinions and experiences regarding government
employment processes and procedures as related to women. (00:32:01)
Stephen Knight, resident of Huntington Beach and Vice Chair, Orange County Sober Living Coalition,
was called to speak and shared information about sober living facilities and certifying agencies.
(00:33:52)
Mona Hansen, Downtown area resident, was called to speak and asked for help in addressing the huge
bedroom windows facing her beach bungalow lot from the new three-story building going up adjacent to
her property. Mayor Posey asked Ms. Hansen to complete a blue card for follow-up. (00:37:10)
Bruce Allen, a resident living near Slater and Graham, was called to speak and described the
exceptionally noxious gas smell in his neighborhood the previous night, and asked who knows what is
really going on. Mayor Posey asked Mr. Allen to complete a blue card for follow-up. (00:40:03)
KC Fockler, concerned citizen of Huntington Beach and candidate for City Council, was called to speak
and stated his support for the Airport Noise Commission. He asked that an environmental impact study
be part of the process because in his opinion, the issue is not just about noise, and also requested an
update on the status of the City's proposed resolution from last February opposing new offshore drilling
along the California coastline. (00:42:24)
Teresa Carlisle, Chair, Huntington Beach Art Center Steering Committee, was called to speak and
announced Surf City Arts Fest, a free event on Sunday, October 14th, 11 am — 4 pm, at the Huntington
Beach Art Center and Triangle Park. (00:45:27)
Denis Hollwedel, a resident of Huntington Beach and RV owner, was called to speak and shared his
opposition to Ordinances for Introduction, Item 19 — 18-337, regarding Ordinance No. 4155 and the
Police Department request for oversized vehicle parking limit changes. (00:46:41)
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Yvonne Ansdell, resident of Huntington Beach and RV owner, was called to speak and shared her
opposition to Ordinances for Introduction, Item 19 — 18-337, regarding Ordinance No. 4155 and the
Police Department request for oversized vehicle parking limit changes. (00:49:30)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Councilmember Hardy reported that she received messages from the Huntington Beach Police Officers'
Association (HBPOA).
Councilmember Delgleize reported that she received messages from the Huntington Beach Police
Officers' Association (HBPOA), shared her excitement about the OC Flex pilot program in Huntington
Beach, and reported attending a meeting of the Santa Ana River Flood Protection Agency where it was
explained that the improvements being made at the northern portion of the Santa Ana River will remove
the Flood Insurance requirement for some areas of Huntington Beach. Public meetings to present
details are being planned and will be announced when details are available.
Councilmember Brenden reported attending a Homeless Task Force meeting and announced that
Orange County has $14M available through the Homeless Emergency Aid Program (HEAP) for different
service providers addressing homeless issues in Orange County. He attended a Long Beach Airport
Commission meeting where it was reported that 59 percent (59%) of air traffic noise complaints in July
came from Huntington Beach residents, a Public Cable Television Authority (PCTA) meeting where the
topic of discussion was a new FCC regulatory ruling that dictates how much a city may charge to allow
small cell equipment on street lights, and several Downtown Business Improvement District (DBID)
meetings to discuss policy changes and other changes related to the DBID boundary changes made at
the last City Council meeting, including re-starting the Board election process because four of the
candidates are no longer BID members. He also reported attending the School District Quarterly
Meeting where high school students were recognized for their participation in National Voter Registration
Day on September 25, Community Services reported on the number of City programs that utilized School
District swimming pools during the summer, and where it was announced that the Community College
District would be conducting an earthquake drill on October 18th at 10:18 am.
Councilmember O'Connell reported attending a Housing Community Development Commission meeting
where discussion took place on Homeless Emergency Aid Program (HEAP) statewide $14M grant funds.
He reported meeting with members of the Huntington Beach Firefighters' Association (HBFA) and
Huntington Beach Police Officers' Association (HBPOA), and attended the successful court hearing for
the Sanctuary State SB 54 case filed by City Attorney Michael Gates, which prevents the state's
overreach in trying to control our local police department.
Councilmember Semeta reported attending a Personnel Commission meeting where Dave Ellis and Bill
Blair were welcomed as two new well-qualified commissioners, and she thanked them for serving the
City.
Mayor Posey reported meeting with members of the HBFA and HBPOA, and attending an Orange
County Vector Control Board meeting where they reminded everyone that even water collected in a
bottle cap is enough for mosquito larvae to form. He also reported no cases of West Nile Virus in
Huntington Beach to date.
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CITY MANAGER’S REPORT
City Manager Wilson provided a brief recap of completed and upcoming Capital Improvement Projects
such as concrete replacement, curb ramps, tree replacement, traffic signal enhancements, and the
Shipley Nature Center parking lot.
CONSENT CALENDAR
Councilmember O'Connell asked to be recorded as a “No” vote on Item 17 — 18-368 regarding
Ordinance No. 4160 amending the Huntington Beach Municipal Code.
12. 18-367 Approved and Adopted Minutes
A motion was made by Peterson, second Delgleize to approve and adopt the City Council/Public
Financing Authority regular meeting minutes dated September 17, 2018, as written and on file in the
Office of the City Clerk, as amended by Supplemental Communication.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
13. 18-308 Approved and authorized execution of a 10-year Lease Agreement with Michael Ali,
doing business as Zack’s Pier Plaza Beach Concession
A motion was made by Peterson, second Delgleize to approve the "Lease Agreement Between the City
of Huntington Beach and Michael Ali, DBA Pier Plaza Beach Concession;" and, authorize the Mayor, City
Manager, and City Clerk to execute the agreement and other related documents.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
14. 18-353 Approved and authorized execution of Professional Services Contracts for On Call
Transportation Engineering Services with Albert Grover & Associates, ADVANTEC
Consulting Engineers, Inc., and FPL and Associates, Inc., each in an amount not to
exceed $300,000
A motion was made by Peterson, second Delgleize to approve and authorize the Mayor and City Clerk to
execute a $300,000 "Professional Services Contract Between the City of Huntington Beach and Albert
Grover & Associates, Inc. for On Call Transportation and Engineering Services;" and, approve and
authorize the Mayor and City Clerk to execute a $300,000 "Professional Services Contract Between the
City of Huntington Beach and ADVANTEC Consulting Engineers, Inc. for On Call Transportation and
Engineering Services;" and, approve and authorize the Mayor and City Clerk to execute a $300,000
"Professional Services Contract Between the City of Huntington Beach and FPL and Associates, Inc. for
On Call Transportation and Engineering Services."
The motion carried by the following vote:
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AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
15. 18-363 Approved and authorized the Mayor and City Clerk to execute Professional
Services Contracts for As Needed Building Plan Review Services with CSG
Consultants, Inc., in the amount of $550,000; and, West Coast Code Consultants,
Inc., in the amount of $200,000; and, approved an increase in the Community
Development Department’s Professional Services listing Authority by $500,000
A motion was made by Peterson, second Delgleize to approve the increase in the Community
Development Department's professional services listing authority by $500,000 for plan check services to
ensure compliance with Administrative Regulation Number 228, Section 7.1; and, approve and authorize
the Mayor and City Clerk to execute a three (3) Year "Professional Services Contract between the City of
Huntington Beach and CSG Consultants, Inc. for Building Plan Review Services" in the amount of Five
Hundred and Fifty Thousand Dollars ($550,000), as prepared and approved by the City Attorney; and,
approve and authorize the Mayor and City Clerk to execute a three (3) Year "Professional Services
Contract between the City of Huntington Beach and West Coast Code Consultants, Inc. for Building Plan
Review Services" in the amount of Two Hundred Thousand Dollars ($200,000), as prepared and
approved by the City Attorney.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
16. 18-336 Approved and authorized implementation of three (3) Tenant Based Rental
Assistance (TBRA) Program Agreements between the City and Interval House,
Mercy House, and Families Forward; and, approved increased budget appropriation
A motion was made by Peterson, second Delgleize to approve and authorize the City Manager and City
Clerk to execute a two-year "HOME Recipient Agreement Between the City of Huntington Beach and
Interval House" for the implementation of a Tenant-Based Rental Assistance (TBRA) program; and,
approve and authorize the City Manager and City Clerk to execute a two-year "HOME Recipient
Agreement Between the City of Huntington Beach and Mercy House" for the implementation of a Tenant-
Based Rental Assistance (TBRA) program; and, approve and authorize the City Manager and City Clerk
to execute a two-year "HOME Recipient Agreement Between the City of Huntington Beach and Families
Forward" for the implementation of a Tenant-Based Rental Assistance (TBRA) program; and, authorize
the City Manager to sign all necessary documents to effectuate the Agreement with Interval House,
Mercy House and Families Forward, any future minor amendments to contracts, and/or US Department
of Housing and Urban Development (HUD) documents, as approved as to form by the City Attorney; and,
approve an increased budget appropriation for the Affordable Housing In-Lieu Fee Fund in the amount of
$257,350 (Fund 217).
The motion carried by the following vote:
AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
29
17. 18-368 Adopted Ordinance No. 4160 amending the Huntington Beach Municipal Code by
amending Section 2.76.010 thereof related to exclusions from Competitive Service
by adding the Classification of Deputy Director of Community Development
(Approved for introduction September 17, 2018 - Vote: 7-0)
A motion was made by Peterson, second Delgleize to adopt Ordinance No. 4160, "An Ordinance of the
City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Section
2.76.010 Thereof Related to Exclusions From the Competitive Service" by adding the Deputy Director of
Community Development.
The motion carried by the following vote:
AYES: Posey, Peterson, Brenden, Delgleize, Hardy, and Semeta
NOES: O’Connell
PUBLIC HEARING
18. 18-332 Public Hearing held to consider approval of Substantial Amendment No. 1 to Fiscal
Year 2018-19 Annual Action Plan for the Community Development Block Grant
(CDBG) and HOME Investment Partnership (HOME) Programs; and, authorized
appropriation of funds (Continued from 9-17-18)
City Manager Fred Wilson introduced Deputy Director of Economic Development Kellee Fritzal who
presented a PowerPoint communication entitled: Amendment to HUD 2018-2019 Annual Action Plan for
CDBG/HOME Programs with slides entitled: Amendment to Action Plan (5) and Questions?
Mayor Posey opened the Public Hearing.
There being no public speakers, Mayor Posey closed the Public Hearing.
A motion was made by O’Connell, second Delgleize to approve Substantial Amendment No. 1 to the City
of Huntington Beach Fiscal Year 2018-19 Annual Action Plan for the Community Development Block
Grant (CDBG) and HOME Investment Partnership Programs; and, authorize the City Manager to sign all
necessary documents after review by the City Attorney; and, approve appropriation of $94,718 of HOME
program income to Fund 1220.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
ORDINANCES FOR INTRODUCTION
19. 18-337 Approved for Introduction Ordinance No. 4155 amending Chapter 10.44 of the
Huntington Beach Municipal Code (HBMC) relating to oversized vehicles
City Manager Fred Wilson introduced Police Chief Handy who presented a PowerPoint communication,
with the assistance of Traffic Control Supervisor Karissa Yniguez and Traffic Division Lieutenant Kent
Ferrin, entitled Oversized Vehicles with slides titled: Pedestrian and Safety, RV Permit Required,
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Oversized Vehicle, Permit Required, A Resident Only permit based system, RV Permit App On Line,
Penalty increase for recurring violators, Reasonable proximity to a Park, Arterial Highway Exception, and
Additional Changes.
Councilmembers and Police Chief Handy discussed and confirmed several aspects of the proposed
ordinance, including repeal of the 2- and 4-hour park area restrictions, permit availability for residents
only, option for residents to request permits for guests with an oversized vehicle, commercial vs
recreational vehicles, and monitoring for possible ripple effects from the proposed changes. They also
discussed ensuring that resident ownership of an oversized vehicle is not required to secure a permit, the
limited number of public and private parking lots available for visitors with oversized vehicles, how other
coastal cities have or are implementing similar restrictions, and actions to inform the public of changes.
A motion was made by Brenden, second Delgleize to, after the City Clerk reads by title, approve for
introduction Ordinance No. 4155, "An Ordinance of the City of Huntington Beach Amending Chapter
10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits," as amended by
supplemental communication to revise language in Sections 10.44.060 A and 10.44.065 D.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Hardy reported attending the Police Department Open House, and thanked City Clerk
Robin Estanislau for her efforts to assist students with coordinating the National Voter Registration Day
event held at local high schools on September 25.
Councilmember Delgleize thanked those who attended the Homeless 101 presentation by Orange
County United Way at the Senior Center, and reported attending a Smart Cities panel discussion
provided by the Association of California Cities - Orange County (ACC-OC).
Councilmember Brenden reported that Murdy Park residents have taken back their park with the
assistance of the Police Department, Public Works and Community Services. He also reported attending
Huntington Beach Night at Angel Stadium, and the Kiwanis Officer Installation dinner. He announced
important up-coming community events — Annual Gala for the Huntington Beach High School
Foundation, Boys and Girls Club 40th Annual Gala, Golden West College Chefs for Scholarships event,
Rotary Club Surfboards on Parade, Surfboard Builders Hall of Fame, Fire Department Open House, Ms.
Huntington Beach Scholarship Pageant, and Surf City Arts Fest. Councilmember Brenden closed his
remarks by stating he was wearing a pink tie to remind everyone that October is Breast Cancer
Awareness Month.
Councilmember Semeta reported attending a meeting of the Inter-governmental Relations Committee
(IRC), a South East Area Community meeting with Councilmember Hardy, and announced the re-
dedication of the Waterline Public Art installation at Pacific Coast Highway (PCH) and 5th Street on
October 5 and 6, as well as the Aloha Pier Festival on the same dates.
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Mayor Pro Tem Peterson reported being in Washington, DC, with expenses paid by Congress, to testify
on House Bill HR5274 related to Sober Living/Recovery Treatment Homes to hopefully alleviate some of
the Federal restrictions currently imposed on municipalities.
Mayor Posey reported celebrating California Surfing Day and hosting a Townhall meeting on Sober
Living Homes with Congressman Dana Rohrabacher, Orange County District Attorney Tony
Rackauckas, Assemblymember Matthew Harper and Huntington Beach City Attorney Michael Gates. He
attended the 50th Anniversary Celebration of Huntington Harbour Place and the Building Industry
Association - Orange County (BIA-OC) Meet the Mayors event, presented the Welcome address for
Mothers Against Drunk Driving Annual Teen Influencer Summit, and attended the Disaster Preparedness
Expo hosted by the Huntington Beach Fire Department (HBFD) and Community Emergency Response
Team (CERT) at Central Library. He participated in the 41st Old World Oktoberfest Parade along with
Congressman Rohrabacher and Senator Janet Nguyen, presented a Mayoral Fast Pitch at a meeting of
the Asian Businesses of Orange County, and announced that the Huntington Beach Women's Club is
being restarted where he will make the Welcome address on Sunday, October 7th at 11 a.m.
ADJOURNMENT — 7:45 PM
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is
Monday, October 15, 2018, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street,
Huntington Beach, California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND
STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.huntingtonbeachca.gov
_____________________________________
City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach
and Secretary of the Public Financing Authority
of the City of Huntington Beach, California
ATTEST:
______________________________________
City Clerk-Secretary
______________________________________
Mayor-Chair
32
City of Huntington Beach
File #:18-328 MEETING DATE:10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development
Subject:
Approve and authorize execution of Second Amendment to Site License Agreement between
the City of Huntington Beach and ATC Outdoor DAS, LLC; and , authorize the City Manager to
substitute and/or increase pole locations as needed
Statement of Issue:
The City Council is asked to approve the Second Amendment to Site License Agreement with ATC
Outdoor DAS, LLC to substitute 190 street light locations from the Site License Agreement and
replace them with 190 new street light locations.
Financial Impact:
There is no financial impact to the City.
Recommended Action:
A) Approve and authorize the City Manager to execute “Second Amendment to Site License
Agreement” with ATC Outdoor DAS, LLC; and,
B) Authorize the City Manager to substitute pole locations as needed and increase pole locations by
10%, if needed.
Alternative Action(s):
Do no approve Second Amendment to Site License Agreement and direct staff accordingly.
Analysis:
On December 18, 2017, the City Council approved a Site License Agreement with Philips Lighting
North America Corporation (“Philips”) for the removal and replacement of up to 200 street light poles
with stealth smart poles. The City Council also approved an Amendment & Assignment Agreement
consenting to the transfer of rights and obligations from Philips to ATC Outdoor DAS, LLC (“American
Tower”). Since the approval of both agreements, American Tower has been in discussions with
various carriers over the subleasing of the smart poles. As noted, ATC bears all infrastructure costs
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and the City does not have any additional maintenance of the poles (City does maintain the street
light).
After receiving feedback from the wireless carriers, American Tower has requested that the original
street locations from the Site License Agreement be replaced with new sites. The new locations are
located primarily within the City’s Beach Parking Lot and along Pacific Coast Highway from Main
Street to Goldenwest Street. Staff has worked with Public Works, Community Services, City
Manager’s Office, and Community Development.
The infrastructure deployment for the Beach parking lot and Main Street will be completed within one
phase.
Environmental Status:
Not applicable
Strategic Plan Goal:
Strengthen economic and financial sustainability
Attachment(s):
1. Second Amendment to Site License Agreement with ATS Outdoor DAS, LLC
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City of Huntington Beach
File #:18-361 MEETING DATE:10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Gilbert Garcia, Chief Financial Officer
Subject:
Approve and authorize execution of a three-year contract with InfoSend, Inc. to provide Utility
Bill Statement Design, Print, Mail and Electronic Delivery Service
Statement of Issue:
City Council approval is requested for a three-year contract with InfoSend, Inc. to provide utility bill
design, print, sorting, bill inserting, and electronic delivery or mailing of documents, including, but not
limited to: utility bills (water, sewer, refuse, and FireMed),as well as business license tax certificates
and renewal notices for both residential and commercial customers.
Financial Impact:
Sufficient appropriations are budgeted in the current fiscal year in the Finance Department accounts
10035206.63395 (Postage) and 10035206.69505 (Printing Services) in the amount of $219,000 and
$86,000, respectively for a total of $305,000. Funds for future years will be budgeted accordingly.
Over a three-year period, the total amount of this contract is $978,000, or approximately $326,000
per year. $47,000 of the total contract is to cover citywide printing service and insertion fees for any
requested inserts going into the City’s utility or business license billing distribution and will be funded
through various department’s budgets as needed. No additional appropriations are requested
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute “Service Agreement Between the City of
Huntington Beach and InfoSend, Inc. for Bill Statement Printing, Processing and Delivery Services” in
an amount not to exceed $978,000 over a three-year term; and authorize the City Manager to
execute the attached contract.
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
The City of Huntington Beach Finance Department manages the processing, printing, and mailing
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File #:18-361 MEETING DATE:10/15/2018
operations for the following City services: utility billing (water, sewer, refuse, and FireMed), delinquent
notices and billing inserts, as well as business license tax certificates and renewal notices. The City
has been contracting with a third party vendor, InfoSend, Inc. to process, print, and mail Municipal
Services bills since 2003. In May of 2018, the Finance Department conducted an RFP for
“Professional Bill Statement Print and Processing Services.”
The City received proposals from five vendors, including the current vendor, InfoSend, Inc. Proposals
were reviewed for methodology, a conversion plan (if a new vendor was to be selected), and cost.
The City also annualized costs to arrive at estimated printing and processing fees. Between
Municipal Services and Business License activities, approximately 573,800 billings are produced
annually.
Vendor Total 3 Year Cost
InfoSend $ 978,000
Data Center $ 990,000
QuestMark $ 1,300,000
Ricoh $ 1,300,000
T/O Printing $ 1,500,000
*Estimated costs are rounded to the nearest thousand.
Based on current production volumes and the proposed pricing, printing services and materials are
estimated at $258,000. Postage is estimated at $673,000 over three years. Fees related to inserting
various approved flyers into the City’s billing (utility and business license) will be absorbed citywide
and are estimated at $47,000 over the three-year period. Therefore, staff recommends a three-year
agreement with InfoSend, Inc. not to exceed $978,000. The following chart details the breakdown of
the contract.
Estimated Costs Year 1 Year 2 Year 3 Three-Year Total
Printing Services 86,000$ 86,000$ 86,000$ 258,000$
Postage*219,000$ 224,000$ 230,000$ 673,000$
Citywide Inserts**N/A N/A N/A 47,000$
Total 305,000.00$ 310,000.00$ 316,000.00$ 978,000.00$
* Postage includes an annual 1.9% increase.
** Estimated amount to cover citywide inserts to be funded through various department budgets as
needed.
Company Background
InfoSend, Inc. was founded in 1996 and provides print and mailing services for over 400
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organizations across the U.S. Their corporate headquarters and main production facility are located
in Anaheim, CA. InfoSend solely owns and operates its data processing, printing, and mailing
platforms and has recently expanded its manufacturing environment to include envelope production.
This will allow material costs to remain stable and considerably lower than its competitors.
Additionally, the United States Postal Service (USPS) established a Detached Mail Unit (DMU) at
InfoSend’s production facility. Meaning, USPS personnel are at the production facility to inspect all of
the outbound first class mail. After the mail is inspected, it is cleared directly from InfoSend into the
USPS system, thereby removing the need for the mail to be inspected after delivery and expediting
mail turnaround and delivery time.
InfoSend support staff have been providing the City with prompt and excellent customer service since
2003. Additionally, InfoSend has held their cost for paper and envelopes steady for the past three
years and has agreed to hold those prices steady for another three years.
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Enhance and Maintain City Service Delivery
Attachment(s):
1. Service Agreement Between the City of Huntington Beach and InfoSend, Inc. for Bill
Statement Printing, Processing, and Delivery Services.
2. Certificate of Insurance
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City of Huntington Beach
File #:18-364 MEETING DATE:10/15/2018
REQUEST FOR CITY COUNCIL ACTION
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 authorize execution of Orange County Transportation Authority's (OCTA) Utility
Agreement No. UK048088 for the relocation of the City of Huntington Beach Sugar Drive Water
Pipeline, CC-1585, for the 405 Widening Project
Statement of Issue:
The Orange County Transportation Authority (OCTA) in cooperation with the California Department of
Transportation (Caltrans) is proposing to improve Interstate 405 between State Route 73 and
Interstate 605. As a part of this project, OCTA will need to relocate the City of Huntington Beach
potable water pipeline located on Sugar Drive Pipe, CC-1585, adjacent to the McFadden Avenue
overpass at the I-405 highway. This Utility Agreement (UA) acknowledges that the City has prior
rights for this pipeline, which obligates OCTA to pay for the relocation.
Financial Impact:
The UA allows OCTA to reimburse the City for all actual engineering review, inspection, staff time,
and other expenses incurred during the construction of this pipeline. Staff has estimated the total
costs of the relocation to the City of Huntington Beach at $11,906. These costs are included in the
FY 18-19 budget under business unit 50685201. These costs will be reimbursed by OCTA on a time
and material basis as invoiced by City Staff at the time the services are provided. The UA also
requires the City to provide a credit to OCTA for the depreciation of pipeline being replaced. The
depreciation credit for the Sugar Drive pipeline is $721. The UA subtracts the depreciation credit
from the estimate of expenses that will be incurred by the City, to obtain a total cost to OCTA.
Recommended Action:
Authorize the Mayor and City Clerk to execute “Orange County Transportation Authority Utility
Agreement UK048088” and to return all signed original agreements to OCTA for their final approval.
Alternative Action(s):
Do not authorize the Utility Agreement and direct staff with an alternate action.
Analysis:
The Interstate 405 (I-405) freeway improvement project has been developed by OCTA in cooperation
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The Interstate 405 (I-405) freeway improvement project has been developed by OCTA in cooperation
with Caltrans and local agencies to improve capacity and facility operations between State Route 73
and Interstate 605. The project is primarily funded by Renewed Measure M (M-2) and has been
approved for a design-build approach.
As a part of this project, three (3) existing potable water pipelines will require relocation and/or
modifications. These potable water pipelines are located at Newland Street and the I-405, Edinger
Avenue and the I-405, and at Sugar Drive (McFadden Avenue) and the I-405. On February 6, 2017,
the Huntington Beach City Council approved two similar Utility Agreements for the pipelines located
on Newland Street and on Edinger Avenue.
The pipeline relocation on Sugar Drive is entirely within the City of Huntington Beach right-of-way.
Since the relocation of the Sugar Drive pipeline is solely for the convenience of the OCTA project,
OCTA is responsible for the costs associated with the pipeline relocation. The final engineering
design plans will be provided by OCTA’s Design-Build contractor.
The following table summarizes the calculation of reimbursements to the City.
Description OCTA Utility
Agreement
No. /City
Project CC#
Estimated City’s
Engineering
Inspection, and
Water Utility
Cost
(Reimbursable)
“A”
Depreciation Credit
Calculated per
Chapter 13 of the
State High Way
Manual S&H Code 705
Credit to OCTA (Cost
to City) “B”
Net Estimated
Costs to OCTA
= A - B
8-inch Pipe in
Sugar Ave.
(McFadden & I-
405)
UK048088 /C
C1583
$11,906.06 $721.00 $11,185.06
This agenda item does not require Public Works Commission Action.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and maintain infrastructure
Strengthen economic and financial sustainability
Attachment(s):
1. Location Map
2. Two (2) sets of Orange County Transportation Authority Utility Agreement No. UK 048088.
3. Depreciation Credit for the Sugar Drive Pipeline, UK 048088.
4. City of Huntington Beach Estimate of Cost to Relocate the Sugar Drive Pipeline.
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City of Huntington Beach Estimate of Pipeline Depreciation Cost for OCTA Project
Depreciation Calculated in accordance with Caltrans R/W Manual Table 13.04‐5
CN8088 8‐inch Sgar Ave Pipeline
OCTA 100% liable for relocation costs
1,327.26$ 56 LF of 8‐inch diameter ACP, installed in 1961
Estimate of Facility Life 105 years
Age of Facility 57 years As built date March 24, 1961
Percentage of pipe life used 54%
Depreciation credit to OCTA $721
Estimate installation cost of 8" ACP in 1963.
2017 cost for 8" DR18 PVC with 5 feet of cover installed was $72/lf
OCTA will replace 56 LF of 8‐inch ACP.
$72/LF * 56 LF = 4,032.00$
Depreciate the cost of pipe installation by 2% per year for 55 years
(1‐.02)^55= 0.3291805
1,327.26$
2011 AWWA "Buried No Longer: Confronting American's Water
Infrastructure Challenge, Figure 5, Estimated Service Lives by Pipe Material
Estimated Pipeline Installation
Costs
Estimate of Cost
1963
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Revised: August 22, 2018CN‐8088CC 1522 8‐INCH CITY OF HUNTINGTON BEACH RELOCATION, OCTA CN‐8088Estimate of costs for preparation of preliminary relocation design.TASK DESCRIPTIONUTILITY MANAGERPRINCIPAL ENGINEERSENIOR ENGINEERWATER DISTRIBUTION SUPERVISORWATER INSPECTORWATER CREW LEADERWATER QUALITY SUPERVISORWATER DIST LEADWORKERTOTAL COSTExisting Utility Research1 2Attend OCTA Meetings3 5 2Correspondance with OCTA211Plan Review1 2 52Inspection/Construction Support2540101010Total Hours6 9 12740101010Total Cost958.56$ 1,402.47$ 1,578.12$ 812.91$ 4,181.20$ 950.80$ 1,161.30$ 860.70$ 11,906.06$ Hourly Rates159.76$ 155.83$ 131.51$ 116.13$ 104.53$ 95.08$ 116.13$ 86.07$ 106
City of Huntington Beach
File #:18-412 MEETING DATE:10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Marie Knight, Director of Community Services
Subject:
Approve and authorize execution of a Joint Use Agreement between the City of Huntington
Beach and the Westminster School District (WSD) for Clegg/Stacey Park, 6161 Larchwood
Drive, Huntington Beach
Statement of Issue:
There is a need to approve a Joint Use Agreement between the City of Huntington Beach (City) and
Westminster School District.
Financial Impact:
Not applicable.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute a “Joint Use Agreement Between the City
of Huntington Beach and the Westminster School District.”
Alternative Action(s):
Do not approve agreement between City and the Westminster School District and direct staff
accordingly.
Analysis:
At the request of the Westminster School District (WSD) a Joint Use Agreement between the City
and the Westminster School District (WSD) for Clegg/ Stacey and Franklin Parks was terminated.
Both parks were developed and are maintained by the City, but located on WSD property. WSD
requested the termination since there was a need to remove Franklin Park from the agreement due
to a pending transfer of the former Franklin School site to a private developer and dedication of the
park property to the City. A new Joint Use Agreement has been prepared for Clegg/Stacey Park .
Under the terms of a Joint Development Agreement, the City constructed Clegg/ Stacey Park starting
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in 1971 and it was dedicated as a public park on April 8, 1972. Since that time, the City has operated
and maintained the park for public use under the terms of various agreements with WSD. Clegg/
Stacey Park located at 6161 Larchwood Drive is in the northwest part of the City.
In 2016, the City installed a new play unit at the park to replace a more than 20-year old unit that was
beyond repair. Staff has worked closely with WSD Administration on the new agreement with
cooperative terms to both parties. The terms of the new agreement will maintain the general
conditions of past agreements and, more specifically addresses the park improvements. Staff is ,
therefore, recommending approval of the Joint Use Agreement.
Environmental Status:
Not applicable
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. Joint Use Agreement between the City of Huntington Beach and the Westminster School
District
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City of Huntington Beach
File #:18-413 MEETING DATE:10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development
Subject:
Approve and authorize execution of a Small Cell License Agreement between the City and
Mobilitie, LLC; and, approve the First Amendment to the Small Cell License Agreement
between the City and new Cingular Wireless PCS, LLC, dba AT&T Mobility on City-owned
street lights
Statement of Issue:
The City Council is asked to approve and authorize the execution of a Small Cell License Agreement
between the City of Huntington Beach and Mobilitie LLC (“Mobilitie”) to allow the installation of up to
32 wireless attachments on City-owned streetlights.
In addition, the City Council is asked to approve and authorize the execution of the First Amendment
to Small Cell License Agreement between the City of Huntington Beach and New Cingular Wireless
PCS, LLC doing business as AT&T Mobility (“AT&T”) to allow the installation of up to nine wireless
attachments on City-owned streetlights.
Financial Impact:
The Small Cell License Agreement with Mobilitie will generate $64,000 in annual rental revenue when
all small cell attachments are installed.
The First Amendment to Small Cell License Agreement with AT&T will increase revenues by $18,000
annually upon full deployment. Revenues from both agreements will be placed into the General
Fund.
Recommended Action:
A) Approve the “Small Cell License Agreement” between the City of Huntington Beach and Mobilitie
LLC; and,
B) Approve the First Amendment to Small Cell License Agreement between the City of Huntington
Beach and new Cingular Wireless PCS, LLC, doing business as AT&T Mobility, approved as to form
by the City Attorney; and,
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C) Authorize the City Manager, with review by the City Attorney, to increase up to 10% and
substitute pole locations on an as needed basis, for both agreements.
Alternative Action(s):
Do not approve Small Cell License Agreement and/or First Amendment to Small Cell License
Agreement and direct staff accordingly.
Analysis:
On August 7, 2017, the City Council adopted Zoning Text Amendment (ZTA) No. 17-003 to amend
the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 230.69 which revised the
review process in which pole mounted small cell sites are reviewed in accordance with City design
standards and approved with the issuance of a Site Permit.
The City has finalized its acquisition of the nearly 11,000 streetlights from Southern California Edison,
upon which carriers will mount their small cell sites. The ZTA streamlined the process in which small
cell sites are deployed on non-City owned utility poles and City-owned streetlight poles. The ZTA
requires that any wireless carrier interested in mounting a small cell facility on a City-owned
streetlight must enter into a separate Small Cell License Agreement (“Agreement”) with the City.
Mobilitie
Mobilitie has expressed interest in entering into an Agreement to install up to 32 small cell wireless
attachments onto City-owned street lights. The terms of the Agreement are summarized below:
·Term:Five years
·Option:One additional five-year extension
·Base Monthly Rent: $2,000/pole/year
·Increases: Annual CPI increase or 2%, whichever is greater
The agreed upon base monthly rent with Mobilitie LLC is consistent with the results of the market
study. Staff recommends approval of the Small Cell License Agreement with Mobilitie LLC.
AT&T
On April 16, 2018, the City Council approved a Small Cell License Agreement with AT&T to allow the
installation of up to 16 small cell wireless attachments on City-owned street lights, in accordance with
the City’s Wireless Ordinance. AT&T has requested an additional nine (9) street light locations to be
added to the Agreement in order to address gaps in wireless coverage within the City. The terms of
the First Amendment are summarized below:
·Base Monthly Rent: $2,000/pole/year
·Increases: 3% annually
Environmental Status:
Not applicable
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Strategic Plan Goal:
Strengthen economic and financial sustainability
Attachment(s):
1. Small Cell License Agreement between the City of Huntington Beach and Mobilitie, LLC.
2. First Amendment to Small Cell License Agreement with AT&T.
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City of Huntington Beach
File #:18-401 MEETING DATE:10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Antonia Graham, Assistant to the City Manager
Subject:
Approve City Council position on legislation pending before the State Legislature and
Congress as recommended by the City Council Intergovernmental Relations Committee (IRC);
and, authorize City staff and the City’s State Advocate to work with State legislators and
County of Orange staff on crafting potential legislative language to examine the State’s
property tax apportionment system
Statement of Issue:
On September 26, 2018, the Intergovernmental Relations Committee met to discuss Federal and
State legislation. Additionally, a discussion was held on the current property tax apportionment
system and how the City could benefit from changes to the system. This action requests City Council
authorization for the Mayor to sign formal position letters.
Financial Impact:
There is no fiscal impact.
Recommended Action:
A) Approve a City position of support on H.R. 5724 (Rohrabacher) Restoring Community Oversight
of Sober Living Homes Act of 2018; and,
B) Approve a City position of Oppose on recently introduced proposed Bureau of Cannabis Control
Regulations; and,
C) Authorize City staff and the City’s State Advocate to work with State legislators and County of
Orange staff on crafting potential legislative language to examine the State’s property tax
apportionment system.
Alternative Action(s):
Do not approve the recommended actions and direct staff accordingly.
Analysis:
The Intergovernmental Relations Committee (IRC) met on September 26, 2018, to discuss Federal,
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State, and regional legislative issues. The Committee reviewed the 2108 State Legislative Matrix
provided by the City’s State Advocate, Townsend Public Affairs, discussed FCC regulations as they
pertain to small cell siting, and discussed regional issues facing the City. The following is an analysis
of bills/issues that the IRC voted to take a formal position on:
Ø SUPPORT - H.R. 5724 (Rohrabacher) Restoring Community Oversight of Sober Living
Homes Act of 2018 - This bill would assert that no federal law can prohibit state or local
governments from implementing laws that specifically apply to sober living homes in
residential zones, including prohibition of such facilities.
Additionally, this bill would limit eligibility - meaning that sober living homes would be eligible
for funding from federal health programs only if (1) they are compliant with state and local
zoning laws and (2) the relevant local jurisdiction certifies to the United States Department of
Health and Human Services that the facility complies with those laws. This bill seeks to
amend the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). This bill is a
step in the right direction and would enable the City to have more control over sober living
facilities in the City.
Ø OPPOSE - Bureau of Cannabis Control Proposed Regulations - In July 2018, the Bureau
of Cannabis Control (BCC) released proposed regulations seeking to codify the emergency
regulations implemented in December 2017. The City opposes two changes that are in direct
conflict with both the language and the intent of Proposition 64 and will undermine our ability
to effectively regulate cannabis at the local level. Section 5416(d), would drastically preempt
local control and regulatory authority by authorizing cannabis delivery anywhere in the State
regardless of conflicting local regulations or bans. Further, Sections 5001(c)(11) and 5002 (c)
(28) undermine the ability of local agencies to ensure community standards are met by
reducing from 60 to 10 days the period to verify if a licensee has obtained necessary local
approvals.
The purpose and intent provisions of Proposition 64 expressly recognize the value of local
control in regulating commercial cannabis activity. In brief, it provides that “it is the intent of
the People in enacting this Act to…[a]llow local governments to ban nonmedical marijuana
businesses.” Thus, under existing law - as articulated in Proposition 64, and now, through
these regulations - local governments can adopt and enforce local ordinances to ban or
regulate all commercial cannabis activity, including deliveries, within their borders. Section
5416(d), as proposed, fundamentally alters this pillar of Proposition 64 by implying that
cannabis deliveries are allowed in violation of local ordinances. Further, an influx of
unapproved local cannabis deliveries will decrease transparency of cannabis operations and
increase public safety obligations and costs for local law enforcement agencies. By allowing
deliveries in each jurisdiction in California, the BCC is fundamentally changing Proposition 64,
not simply clarifying existing law.
Property Tax Apportionment System for Orange County
At the IRC meeting, the two members present (Mayor Posey and Council Member Semeta)
discussed the property tax apportionment system for the County. Forty years ago, in 1978,voters
passed Proposition 13 and dramatically altered the course of state and local government finances in
California. In addition to capping property tax rates at 1 (one) percent, Proposition 13 changed the
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California. In addition to capping property tax rates at 1 (one) percent, Proposition 13 changed the
method for determining the taxable value of real property. Namely, it replaced the property tax based
on market value with one based on acquisition value.
In 1978, Orange County did not have the real estate development that it has now so the base value
was low and thus categorized as “Rural”,thereby reducing the amount of property tax revenue that
came back to its municipalities when compared to other more urbanized counties at the time.
Many scholars have noted the inequity and inefficiency of consequences of Proposition 13. In
response, policymakers and analysts have suggested revisiting the acquisition-based method of
property tax assessment. The Committee voted to work with State legislators and the County to
create a legislative path forward that would revisit this method and bring equity in property tax
revenue apportionments back to Orange County and, thus, the City of Huntington Beach.
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Improve quality of life
Enhance and maintain public safety
Strengthen economic and financial sustainability
Attachment(s):
1. H. R. 5724 (Rohrabacher) Restoring Community Oversight of Sober Living Homes Act of 2018
2. Bureau of Cannabis Control Proposed Text of Regulations
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BUREAU OF CANNABIS CONTROL
PROPOSED TEXT OF REGULATIONS
CALIFORNIA CODE OF REGULATIONS
TITLE 16
DIVISION 42. BUREAU OF CANNABIS CONTROL
All of the proposed text sections and documents incorporated by reference are proposed to be
added to the California Code of Regulations under Division 42 of Title 16:
Chapter 1. ALL BUREAU LICENSEES
Article 1. Division Definitions
§ 5000. Definitions
For the purposes of this division, the definitions in this section shall govern the construction of
this division unless otherwise indicated.
(a)“Act” means the Medicinal and Adult-Use Cannabis Regulation and Safety Act.
(b)“Bureau” means the Bureau of Cannabis Control, previously named the Bureau of Marijuana
Control, Bureau of Medical Cannabis Regulation, and Bureau of Medical Marijuana Regulation.
(c)“Cannabis accessories” has the same meaning as in Health and Safety Code section 11018.2.
(d) “Cannabis goods” means cannabis, including dried flower, and products containing cannabis.
(e) “Cannabis waste” means waste that is not hazardous waste, as defined in Public Resources
Code section 40141, and is organic waste, as defined in Public Resources Code section 42649.8
(c), that contains cannabis and that has been made unusable and unrecognizable in the manner
prescribed in sections 5054 and 5055 of this division.
(f) “Canopy” means the designated area(s) at a licensed premises that will contain mature plants
at any point in time.
(g) “Delivery employee” means an individual employed by a licensed retailer or licensed
microbusiness who delivers cannabis goods from the licensed retailer or licensed microbusiness
premises to a customer at a physical address.
(h) “Free cannabis goods” means any amount of cannabis goods provided to any person without
cost or payment or exchange of any other thing of value.
(i)“Kief” means the resinous trichomes of cannabis that have been separated from the cannabis
plant.
(j) “Limited-access area” means an area in which cannabis goods are stored or held and is only
accessible to a licensee and its employees and contractors.
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(k) “Lot number” or “batch number” means a distinctive group of numbers, letters, or symbols or
any combination of these that is unique to a group of cannabis goods.
(l) “Medicinal cannabis patient” includes both a qualified patient as defined in Health and Safety
Code section 11362.7 and, a person in possession of a valid identification card issued under
Health and Safety Code section 11362.71.
(m) “Nonvolatile solvent” means any solvent used in the extraction process that is not a volatile
solvent. For purposes of this division, a nonvolatile solvent includes carbon dioxide (CO2) used
for extraction and ethanol used for extraction or post-extraction processing.
(n) “Package” and “Packaging” means any container or wrapper that may be used for enclosing
or containing any cannabis goods for final retail sale. “Package” and “packaging” does not
include a shipping container or outer wrapping used solely for the transport of cannabis goods in
bulk quantity to a licensee.
(o) “Pre-roll” means any combination of the following rolled in paper: flower, shake, leaf, or kief
that is obtained from accumulation in containers or sifted from loose, dry cannabis flower or leaf
with a mesh screen or sieve.
(p) “Publicly owned land” means any building or real property that is owned by a city, county,
state, federal, or other government entity.
(q) “Residential area” is an area that is within 600 feet of any single-family or multifamily
residence, other than commercial hotels, motels, and similar establishments for temporary
lodging.
(r) “Retail area” means a building, room, or other area that is open to the public, upon the
licensed retailer or licensed microbusiness premises in which cannabis goods are sold or
displayed.
(s) “Sublet” means to lease or rent all or part of a leased or rented property.
(t) “Transport” means the physical movement of cannabis goods from one licensed premises to
another licensed premises.
(u) “Vehicle alarm system” is a device or series of devices installed to discourage theft of the
vehicle or its contents and is intended to summon general attention or to summon law
enforcement as a result of an indication of an attempted breach of the vehicle.
Authority: Section 26013, Business and Professions Code. Reference: Section 26013, Business
and Professions Code.
Article 2. Applications
§ 5001. Temporary License Application Requirements
(a)Temporary license applications may be completed and submitted online at www.bcc.ca.gov
or completed in hard copy and submitted by delivering a printed copy to the Bureau’s office(s).
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(b)Applicants who submit their applications online shall first register for a user account. To
register for a user account, the applicant shall do all of the following:
(1)Create a user name, password, and security question and answer;
(2)Provide an email address; and
(3)Provide the owner’s first and last name, primary phone number, social security number or
individual taxpayer identification number, date of birth, and mailing address.
(c)An application must be completed by an owner as defined by section 5003 of this division.
An application must be submitted to the Bureau for each temporary license applied for. An
application for a temporary license includes:
(1)The legal business name of the applicant.
(2)The email address of the applicant’s business and the telephone number for the premises.
(3) The business’ federal employer identification number.
(4)A description of the business organizational structure of the applicant, such as partnership or
corporation.
(5) The commercial cannabis license that the applicant is applying for, and whether the applicant
is requesting that the license be designated as medicinal, adult-use, or both. Testing laboratory
applicants do not have to designate medicinal or adult-use, as testing laboratory licenses allow
the holder to test both medicinal and adult-use cannabis.
(6)The contact information for the applicant’s designated primary contact person including the
name, title, phone number, and email address of the individual.
(7) For each owner who meets the criteria of Business and Professions Code section 26001(al),
the owner’s name, title, percentage of ownership, mailing address, telephone number, and email
address if applicable.
(8)The physical address of the premises to be licensed.
(9)Evidence that the applicant has the legal right to occupy and use the proposed location that
complies with section 5007 of this division.
(10)A premises diagram pursuant to section 5006 of this division.
(11)A copy of a valid license, permit, or other authorization issued by a local jurisdiction, that
enables the applicant to conduct commercial cannabis activity at the location requested for the
temporary license. For purposes of this section, “other authorization” shall include, at a
minimum, a written statement or reference that clearly indicates the local jurisdiction intended to
grant permission for the commercial cannabis activity or to the person to conduct commercial
cannabis activity at the premises. Upon receipt of the application, the Bureau shall contact the
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applicable local jurisdiction to confirm the validity of the authorization. If the local jurisdiction
does not respond within 10 calendar days, the Bureau shall consider the authorization valid.
(12)Attestation to the following statement: Under penalty of perjury, I hereby declare that the
information contained within and submitted with the application is complete, true, and accurate. I
understand that a misrepresentation of fact is cause for rejection of this application, denial of the
license, or revocation of a license issued.
(d)A temporary license is a conditional license that authorizes the licensee to engage in
commercial cannabis activity as would be permitted under the privileges of a non-temporary
license of the same type. A temporary licensee shall follow all applicable rules and regulations as
would be required if the licensee held a non-temporary license of the same type.
(e)A temporary license does not obligate the Bureau to issue a non-temporary license nor does
the temporary license create a vested right in the holder to either an extension of the temporary
license or to the granting of a subsequent non-temporary license.
(f)A temporary license issued under this section shall be valid for 120 days from the effective
date. No temporary license shall be effective prior to January 1, 2018.
(g)A temporary license may be extended by the Bureau for additional 90-day periods if a
complete application for an annual license has been submitted to the Bureau pursuant to section
5002 of this division prior to the initial expiration date of the temporary license.
(h) The Bureau shall not issue any temporary licenses or extensions after December 31, 2018.
Any temporary license issued or extended with an expiration date after December 31, 2018 will
be valid until it expires, but shall not be extended beyond the expiration date.
Authority: Section 26013, Business and Professions Code. Reference: Section 26012 and
26050.1, Business and Professions Code.
§ 5002. Annual License Application Requirements
(a)Applications may be completed and submitted online at www.bcc.ca.gov or completed in hard
copy and submitted by delivering a printed copy to the Bureau’s office(s).
(b)Applicants who submit their applications online shall first register for a user account. To
register for a user account, the applicant shall do all of the following:
(1)Create a user name, password, and security question and answer;
(2)Provide an email address; and
(3) Provide the owner’s first and last name, primary phone number, social security number or
individual taxpayer identification number, date of birth, and mailing address.
(c)An application must be completed by an owner as defined by section 5003 of this division.
An application must be submitted to the Bureau for each location and each license type. An
application for an annual cannabis license includes the following:
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(1)The name of the applicant. For applicants who are individuals, the applicant shall provide
both the first and last name of the individual. For applicants who are business entities, the
applicant shall provide the legal business name of the applicant.
(2) If applicable, the business trade name (“DBA”) of the applicant.
(3) The commercial cannabis license that the applicant is applying for, and whether the applicant
is requesting that the license be designated as medicinal, adult-use, or both. Testing laboratory
applicants do not have to designate medicinal or adult-use, as testing laboratory licenses allow
the holder to test both medicinal and adult-use cannabis.
(4)Payment of an application fee pursuant to section 5014 of this division.
(5)Whether the owner is serving or has previously served in the military. Disclosure of military
service is voluntary. An applicant who has served as an active duty member of the Armed Forces
of the United States and was honorably discharged and who can provide evidence of such
honorable discharge shall have his or her application expedited pursuant to Business and
Professions Code section 115.4.
(6)A list of the license types and the license numbers issued from the Bureau and all other state
cannabis licensing authorities that the applicant holds, including the date the license was issued
and the licensing authority that issued the license.
(7)Whether the applicant has been denied a license or has had a license suspended or revoked by
the Bureau or any other state cannabis licensing authority. The applicant shall provide the type of
license applied for, the name of the licensing authority that denied the application, and the date
of denial.
(8)The physical address of the premises. If the Bureau is unable to confirm that the address
provided is valid, then the applicant shall provide a document that confirms the physical address
of the premises. Such a document may include a utility bill, printed information from the county
assessor, deed, or title.
(9)The mailing address for the applicant, if different from the premises address.
(10)The telephone number for the premises.
(11)The website address and email address of the applicant’s business.
(12)The business’ federal employer identification number.
(13)Contact information for the applicant’s designated primary contact person including the
name, title, phone number, and email address of the individual.
(14)A description of the business organizational structure of the applicant, such as partnership or
corporation.
(15)The business-formation documents, which may include, but are not limited to, articles of
incorporation, operating agreements, partnership agreements, and fictitious business name
statements. The applicant shall also provide all documents filed with the California Secretary of
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State, which may include, but are not limited to, articles of incorporation, certificates of stock,
articles of organization, certificates of limited partnership, and statements of partnership
authority. If the commercial cannabis business is held in trust, the applicant shall provide a copy
of the trust.
(16)A list of every fictitious business name the applicant is operating under including the
address where the business is located.
(17)A commercial cannabis business that is a foreign corporation shall include in its application
the certificate of qualification issued by the Secretary of State of California.
(18)The applicant shall supply the following financial information:
(A)A list of funds belonging to the applicant held in savings, checking, or other accounts
maintained by a financial institution. The applicant shall provide, for each account, the financial
institution’s name, the financial institution’s address, account type, account number, and the
amount of money in the account.
(B) A list of loans made to the applicant. For each loan, the applicant shall provide the amount of
the loan, the date of the loan, term(s) of the loan, security provided for the loan, and the name,
address, and phone number of the lender.
(C)A list of investments made into the applicant’s commercial cannabis business. For each
investment, the applicant shall provide the amount of the investment, the date of the investment,
term(s) of the investment, and the name, address, and phone number of the investor.
(D)A list of all gifts of any kind given to the applicant for its use in conducting commercial
cannabis activity. For each gift, the applicant shall provide the value of the gift or description of
the gift, and the name, address, and phone number of the provider of the gift.
(19)A complete list of every individual who has a financial interest in the commercial cannabis
business as defined in section 5004 of this division, who is not an owner as defined in section
5003(b) of this division.
(20)A complete list of every owner of the applicant as defined in section 5003(b) of this
division. Each individual named on this list shall submit the following information:
(A)The full name of the owner.
(B)The owner’s title within the applicant entity.
(C)The owner’s date of birth and place of birth.
(D)The owner’s social security number or individual taxpayer identification number.
(E)The owner’s mailing address.
(F)The owner’s telephone number. This may include a number for the owner’s home, business,
or mobile telephone.
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(G)The owner’s email address.
(H)The owner’s current employer.
(I)The percentage of the ownership interest held in the applicant entity by the owner.
(J)Whether the owner has an ownership or a financial interest as defined in sections 5003 and
5004, respectively, of this division in any other commercial cannabis business licensed under the
Act.
(K)A copy of the owner’s government-issued identification. Acceptable forms of identification
are a document issued by a federal, state, county, or municipal government that includes the
name, date of birth, height, gender, and picture of the person, such as a driver license.
(L)A detailed description of the owner’s convictions. A conviction within the meaning of this
section means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
Convictions dismissed under Penal Code section 1203.4 or equivalent non-California law must
be disclosed. Convictions dismissed under Health and Safety Code section 11361.8 or equivalent
non-California law must be disclosed. Juvenile adjudications and traffic infractions under $300
that did not involve alcohol, dangerous drugs, or controlled substances do not need to be
included. For each conviction, the owner shall provide the following:
(i)The date of conviction.
(ii)Dates of incarceration, if applicable.
(iii)Dates of probation, if applicable.
(iv)Dates of parole, if applicable.
(v)A detailed description of the offense for which the owner was convicted.
(vi)A statement of rehabilitation for each conviction. The statement of rehabilitation is to be
written by the owner and may contain evidence that the owner would like the Bureau to consider
that demonstrates the owner’s fitness for licensure. Supporting evidence may be attached to the
statement of rehabilitation and may include, but is not limited to, a certificate of rehabilitation
under Penal Code section 4852.01, and dated letters of reference from employers, instructors, or
professional counselors that contain valid contact information for the individual providing the
reference.
(M) If applicable, a detailed description of any administrative orders or civil judgements for
violations of labor standards, any suspension of a commercial cannabis license, revocation of a
commercial cannabis license, or sanctions for unlicensed commercial cannabis activity by a
licensing authority, local agency, or state agency against the applicant or a business entity in
which the applicant was an owner or officer within the three years immediately preceding the
date of the application.
(N)Attestation to the following statement: Under penalty of perjury, I hereby declare that the
information contained within and submitted with the application is complete, true, and accurate. I
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understand that a misrepresentation of fact is cause for rejection of this application, denial of the
license, or revocation of a license issued.
(21)Evidence that the applicant has the legal right to occupy and use the proposed location that
complies with section 5007 of this division.
(22)Evidence that the proposed premises is in compliance with Business and Professions Code
section 26054(b) and section 5026 of this division.
(23)For an applicant with 20 or more employees, the applicant shall attest that the applicant has
entered into a labor peace agreement and will abide by the terms of the agreement. The applicant
shall submit a copy of the page of the labor peace agreement that contains the signatures of the
union representative and the applicant. For applicants who have not yet entered into a labor
peace agreement, the applicant shall provide a notarized statement indicating that the applicant
will enter into and abide by the terms of a labor peace agreement as soon as reasonably
practicable after licensure.
(24)The applicant shall provide a valid seller’s permit number issued by the California
Department of Tax and Fee Administration, if applicable. If the applicant has not yet received a
seller’s permit, the applicant shall attest that the applicant is currently applying for a seller’s
permit.
(25)A diagram of the premises as required by section 5006 of this division.
(26)Proof of a bond as required by section 5008 of this division.
(27)For testing laboratory applications, the certificate(s) of accreditation as required by section
5702 of this division, or the information required for a provisional license as required by section
5703 of this division.
(28)When an applicant provides a license, permit, or other authorization from the local
jurisdiction where the licensed premises will be or is located, the Bureau will notify the
applicable local jurisdiction to confirm the validity of the authorization. If the local jurisdiction
does not respond within 10 calendar days, the Bureau shall consider the authorization valid.
(29)All licensee applications shall include a detailed description of the applicant’s operating
procedures. Applicants shall use and submit to the Bureau the following forms which are
incorporated by reference:
(A)Transportation Procedures, Form BCC-LIC-015 (New 7/18)
(B) Inventory Procedures, Form BCC-LIC-016 (New 7/18)
(C) Non-Laboratory Quality Control Procedures, Form BCC-LIC-017 (New 7/18)
(D)Security Procedures, Form BCC-LIC-018 (New 7/18)
(E)Cannabis Waste Management Procedures, Form BCC-LIC-019 (New 7/18)
(F)Delivery Procedures, Form BCC-LIC-020 (New 7/18)
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(30)For applicants applying for a microbusiness license, the application shall include a detailed
description of the applicant’s operating procedures required by this section for each cannabis
activity the applicant intends to engage in.
(31)For applicants applying for a testing laboratory license, in addition to the operating
procedures required under subsection (c)(29) of this section, the standard application shall
include the operating procedures required by chapter 6 of this division.
(32)The limited waiver of sovereign immunity required by section 5009 of this division, if
applicable.
(33)Evidence of exemption from, or compliance with, the California Environmental Quality Act
as required by section 5010 of this division.
Authority: Sections 115.4 and 26013, Business and Professions Code. Reference: Sections 115.4,
144, 26012, 26050, 26051.5, and 26055, Business and Professions Code.
§ 5003. Designation of Owner
(a)All applicants for a commercial cannabis license shall have at a minimum one individual who
meets the definition of “owner” under Business and Professions Code section 26001(al) and who
will submit the information required of owners under section 5002.
(b)“Owner” means any of the following:
(1)A person with an aggregate ownership interest of 20 percent or more in the person applying
for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.
(2)The chief executive officer of a nonprofit or other entity.
(3)A member of the board of directors of a nonprofit.
(4)The trustee(s) and all persons that have control of the trust and/or the commercial cannabis
business that is held in trust.
(5)An individual who will be participating in the direction, control, or management of the
person applying for a license. Such an individual includes any of the following:
(A)A general partner of a commercial cannabis business that is organized as a partnership.
(B) A non-member manager or managing member of a commercial cannabis business that is
organized as a limited liability company.
(C)An officer or director of a commercial cannabis business that is organized as a corporation.
(D)Any individual who assumes responsibility for the license.
(c)When an entity has an aggregate ownership interest of 20 percent or more in the commercial
cannabis business, then the chief executive officer and/or members of the board of directors of
the entity shall be considered owners.
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Authority: Section 26013, Business and Professions Code. Reference: Sections 26001, and
26012, Business and Professions Code.
§ 5004. Financial Interest in a Commercial Cannabis Business
(a)A financial interest means an agreement to receive a portion of the profits of a commercial
cannabis business, an investment into a commercial cannabis business, a loan provided to a
commercial cannabis business, or any other equity interest in a commercial cannabis business
except as provided in subsection (c). For the purpose of this section, an interest in a diversified
mutual fund, blind trust, or similar instrument is not a financial interest.
(b)The license application shall include the name, birthdate, and government-issued
identification type and number for all individuals who have a financial interest in a commercial
cannabis business but are not owners as defined in section 5003(b) of this division. These
individuals shall not be required to submit the information required of owners under section
5002(c)(20) of this division.
(c)Notwithstanding subsection (b), the following persons are not required to be listed on an
application for licensure under section 5002(c)(19) of this division:
(1)A bank or financial institution whose interest constitutes a loan;
(2)Persons whose only financial interest in the commercial cannabis business is through an
interest in a diversified mutual fund, blind trust, or similar instrument;
(3)Persons whose only financial interest is a security interest, lien, or encumbrance on property
that will be used by the commercial cannabis business; and
(4) Persons who hold a share of stock that is less than 5 percent of the total shares in a publicly
traded company.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26012 and
26051.5, Business and Professions Code.
§ 5005. Personnel Prohibited from Holding Licenses
(a)A license authorized by the Act and issued by the Bureau may not be held by, or issued to,
any person holding office in, or employed by, any agency of the State of California or any of its
political subdivisions when the duties of such person have to do with the enforcement of the Act
or any other penal provisions of law of this State prohibiting or regulating the sale, use,
possession, transportation, distribution, testing, manufacturing, or cultivation of cannabis goods.
(b)This section applies to, but is not limited to, any person employed in the State of California
Department of Justice as a peace officer, in any district attorney's office, in any city attorney’s
office, in any sheriff's office, or in any local police department.
(c) No person listed in subsection (a) or (b) of this section may have any ownership interest,
directly or indirectly, in any business to be operated or conducted under a cannabis license.
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(d)This section does not apply to any person who holds a license in the capacity of executor,
administrator, or guardian.
Authority: Section 26013, Business and Professions Code. Reference: Section 26012, Business
and Professions Code.
§ 5006. Premises Diagram
(a)An applicant shall submit to the Bureau, with the application, a complete and detailed
diagram of the proposed premises. The diagram shall be used by the Bureau to determine
whether the premises meets the requirements under this division and the Act. The Bureau shall
deny an application if the premises does not qualify for licensure pursuant to Business and
Professions Code section 26057.
(b)The diagram shall show the boundaries of the property and the proposed premises to be
licensed, showing all boundaries, dimensions, entrances and exits, interior partitions, walls,
rooms, windows, and doorways, and shall include a brief statement or description of the
principal activity to be conducted therein.
(c)The diagram shall show and identify commercial cannabis activities that will take place in
each area of the premises, and identify limited-access areas. Commercial cannabis activities that
shall be identified on the diagram include the following, if applicable to the business operations:
storage, batch sampling, loading or unloading of shipments, packaging and labeling, customer
sales, loading for deliveries, extraction, cultivation, and processing.
(d)The diagram shall show where all cameras are located and assign a number to each camera
for identification purposes.
(e)The diagram shall be to scale.
(f)The diagram shall not contain any highlighting and the markings on the diagram shall be in
black-and-white print.
(g) If the proposed premises consists of only a portion of a property, the diagram must be labeled
indicating which part of the property is the proposed premises and what the remaining property
is used for.
(h) If the proposed premises consists of only a portion of a property that will contain two or more
licensed premises, the diagram shall clearly show the designated entrances and walls under the
exclusive control of the applicant for the premises, as well as the designated entrances and walls
for each additional premises. The diagram shall also show all proposed common or shared areas
of the property. Such areas may include lobbies, bathrooms, hallways, and breakrooms.
(i) If the proposed premises will be a microbusiness that includes cultivation activities, in
addition to the requirements of subsections (b) through (g) of this section, the premises diagram
shall also include all the required information for a premises diagram under section 5501(d) of
this division.
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(j) If a proposed premises is located on only a portion of a property that also includes a
residence, the diagram shall clearly show the designated buildings for the premises and the
residence.
Authority: Section 26013, Business and Professions Code. Reference: Section 26012 and
26051.5, Business and Professions Code.
§ 5007. Landowner Approval
(a) If the applicant is not the landowner of the real property upon which the premises is located,
the applicant shall provide to the Bureau a document from the landowner or the landowner’s
agent that states that the applicant has the right to occupy the property and acknowledges that the
applicant may use the property for the commercial cannabis activity for which the applicant is
applying for licensure. An applicant shall also provide a copy of the rental agreement, as
applicable.
(b) If the applicant is the landowner of the real property upon which the premises is located, the
applicant shall provide to the Bureau a copy of the title or deed to the property.
(c) If the landowner is a trust, the landowner approval shall come from the person that holds
equitable title in the real property.
Authority: Section 26013, Business and Professions Code. Reference: Section 26051.5, Business
and Professions Code.
§ 5007.1. Electronic Signature
The Bureau will accept an electronic signature that complies with Civil Code section 1633.2(h)
on any documents required to be submitted to the Bureau and that are submitted electronically,
except documents that are required to be notarized.
Authority: Section 26013, Business and Professions Code. Reference: Section 26013, Business
and Professions Code.
§ 5008. Bond
An applicant shall provide proof of having obtained a surety bond of at least $5,000 payable to
the State of California to ensure payment of the cost incurred for the destruction of cannabis
goods necessitated by a violation of the Act or the regulations adopted thereunder. All bonds
required under this regulation must be issued by a corporate surety licensed to transact surety
business in the State of California and shall be issued on the Commercial Cannabis Licensee
Bond form under Title 11, California Code of Regulations, Article 56, section 118.1.
Authority: Section 26013, Business and Professions Code. Reference: Section 26051.5, Business
and Professions Code.
§ 5009. Limited Waiver of Sovereign Immunity
(a) Any applicant or licensee that may fall within the scope of sovereign immunity that may be
asserted by a federally recognized tribe or other sovereign entity must waive any sovereign
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immunity defense that the applicant or licensee may have, may be asserted on its behalf, or may
otherwise be asserted in any state administrative or judicial enforcement actions against the
applicant or licensee, regardless of the form of relief sought, whether monetary or otherwise,
under the state laws and regulations governing commercial cannabis activity. The applicant or
licensee must submit a written waiver of sovereign immunity to the Bureau with any license
application or renewal, which is valid for the period of the license. The written waiver shall
include that the applicant or licensee has the lawful authority to enter into the waiver required by
this section, the applicant or licensee hereby waives sovereign immunity, and the applicant or
licensee agrees to do all of the following:
(1)Provide documentation to the Bureau that establishes that the applicant or licensee has the
lawful authority to enter into the waiver required by this section;
(2)Conduct all commercial cannabis activity in full compliance with the state laws and
regulations governing commercial cannabis activity, including submission to all enforcement
provisions thereof;
(3)Allow access as required by state statute or regulation by persons or entities charged with
duties under the state laws and regulations governing commercial cannabis activity to any
licensed premises or property at which the applicant conducts any commercial cannabis activity,
including licensed premises or property where records of commercial cannabis activity are
maintained by or for the applicant or licensee;
(4)Provide any and all records, reports, and other documents as may be required under the state
laws and regulations governing commercial cannabis activity;
(5)Conduct commercial cannabis activity with other state commercial cannabis licensees only,
unless otherwise specified by state law;
(6)Meet all of the requirements for licensure under the state laws and regulations governing the
conduct of commercial cannabis activity, and provide truthful and accurate documentation and
other information of the applicant’s qualifications and suitability for licensure as may be
requested; and
(7)Submit to the personal and subject matter jurisdiction of the California courts to address any
matter related to the waiver or the commercial cannabis application, license, or activity, and that
all such matters and proceedings shall be governed, construed and enforced in accordance with
California substantive and procedural law, including but not limited to the Medicinal and Adult-
Use Regulation and Safety Act and the Administrative Procedure Act.
(b) The Bureau shall not approve an application for a state license if approval of the license
would violate the provisions of any local ordinance or regulation adopted in accordance with
Business and Professions Code section 26200 that is issued by the county or, if within a city, the
city, within which the licensed premises is to be located.
(c)Any applicant or licensee must immediately notify the Bureau of any changes that may
materially affect the applicant or licensee’s compliance with subsection (a) of this section.
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(d)Any failure by an applicant or licensee to comply with the requirements of subsections (b) or
(c) of this section shall be a basis for denial of an application or renewal or discipline of a
licensee.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26012, 26050
and 26051.5, Business and Professions Code.
§ 5010. Compliance with the California Environmental Quality Act (CEQA)
(a) For purposes of complying with the California Environmental Quality Act (CEQA):
(1) “Project” means the commercial cannabis activity or activities for which an annual license
application is submitted to the Bureau and which requires the Bureau to engage in discretionary
review.
(2) “CEQA Guidelines” means the Guidelines for Implementation of the California
Environmental Quality Act codified at Title 14, California Code of Regulations, sections 15000
et seq.
(3)“Environmental document” has the same meaning as section 15361 of the CEQA Guidelines.
Environmental documents are prepared by the applicant or the local jurisdiction that analyze the
commercial cannabis activity or activities and which assess whether the project has the potential
to generate significant adverse environmental impacts.
(b)An applicant may provide evidence of compliance with CEQA by submitting a copy of an
environmental document previously certified or adopted by the local jurisdiction that evaluated
the project.
(c) If a previously certified or adopted environmental document is not available or does not exist,
and if the Bureau does not determine that the project is exempt from CEQA as provided in
section 5010.2 of this division, the applicant shall provide information to enable the Bureau to
determine what type of environmental document should be prepared. Such information shall
include at least the following:
(1)The project location and surrounding land use, which shall:
(A) Describe the project location including street address, city, county, Assessor’s Parcel
Number, major cross streets, general plan designation, zoning designation, and any other
physical description that clearly indicates the project site location;
(B) Describe the surrounding land uses and zoning designations within one-half mile radius of
the project and list of all abutting land uses.
(C) Include a vicinity map and aerial image to show the project location;
(D) Include photographs, not larger than 8 ½ by 11 inches, of the of existing visual conditions as
observed from the publicly accessible vantage point(s);
(2) A project description, which shall:
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(A)Describe the activities included in the project application and identify any other commercial
cannabis activity or activities occurring at the proposed premises;
(B) Quantify the project size (total floor area of the project) in square feet and the lot size on
which the project is located, in square feet;
(C) List and describe any other related public agency permits and approvals, including any
entitlements, required for this project, including those required by a planning commission, local
air district, or regional water board;
(D) Identify whether the applicant is licensed by, or has applied for licensure from, the California
Department of Food and Agriculture or the State Department of Public Health to engage in
commercial cannabis activity at the proposed premises;
(E)Estimate the number of anticipated employees onsite, occupancy during operating hours,
frequency of deliveries or shipments originating from and/or arriving to the project site, describe
the anticipated transportation activity at the project site including the effects of the project related
to public transit, bicycle, or pedestrian facilities;
(F) Identify the location, type, and quantity of hazardous materials, as defined by Health and
Safety Code section 25260, that are stored, used, or disposed of at the project site and a copy of
the Hazardous Material Business Plan (HMBP) prepared for the proposed premises, if any;
(G)Discuss whether the project will increase the quantity and type of solid waste, as defined by
Public Resources Code section 40191, or hazardous waste, as defined by Health and Safety Code
section 25117, that is generated or stored onsite.
(H)Describe the project’s anticipated operational energy needs, identify the source of energy
supplied for the project and the anticipated amount of energy per day, and explain whether the
project will require an increase in energy demand and the need for additional energy resources.
(3) The Bureau shall consider, for purposes of evaluating compliance with the CEQA, both the
individual and cumulative impacts of all commercial cannabis activities occurring at the
proposed premises.
Authority: Section 26013, Business and Professions Code. Reference: Section 26055, Business
and Professions Code.
§ 5010.1. Review of Previously Prepared Environmental Documents Pursuant to CEQA
(a)When the project has been evaluated in a previously certified or adopted environmental
document, the Bureau will evaluate the project as a responsible agency as provided in section
15096 of the CEQA Guidelines.
(b) The Bureau may require subsequent environmental review if one or more of the events
outlined in Public Resources Code section 21166 or section 15162 of the CEQA Guidelines
occurs.
Authority: Section 26013, Business and Professions Code. Reference: Section 26055, Business
and Professions Code; Section 21166, Public Resources Code.
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§5010.2 CEQA Exempt Projects.
(a)An applicant may submit documentation to the Bureau demonstrating that the project is
exempt from further environmental review pursuant to CEQA because the project falls within a
class of projects determined not to have significant effect on the environment.
(b)Documentation submitted to the Bureau in support of a determination that the project is
exempt from further environmental review under CEQA shall, at minimum, include the
following information:
(1)Project location and surrounding land use, as required in section 5010 of this division;
(2)Project description as required in section 5010 of this division; and
(3)A written justification to support a determination that the project is categorically exempt. The
written justification shall list the category and class the exemption falls under and shall explain
how the project fits the specified exemption. The justification shall also demonstrate that none
of the exceptions to categorical exemptions described in section 15300.2 of the CEQA
Guidelines apply to the project.
(c)Upon review, if the Bureau determines that the project is exempt from further CEQA review,
and approves an application for annual licensure, the Bureau will file a Notice of Exemption with
the State Clearinghouse within five working days after approval of the project as required by
section 15062(c) of the CEQA Guidelines.
Authority: Section 26013, Business and Professions Code. Reference: Section 26055, Business
and Professions Code.
§5010.3 Preparation of CEQA Environmental Documents by Applicant
If the Bureau determines that a project does not qualify for an exemption, or that the
circumstances described in Public Resources Code section 21166 and 15162 of the CEQA
Guidelines require subsequent environmental review, the Bureau may charge the applicant for
the costs of preparation for any supplemental environmental document as well as the Bureau’s
costs for procedures to comply with CEQA, unless the Bureau specifies otherwise.
Authority: Section 26013, Business and Professions Code. Reference: Section 26055, Business
and Professions Code.
§ 5011. Additional Information
The Bureau may request additional information and documents from the applicant. The Bureau
will provide the applicant a deadline for submittal of additional information. The Bureau will
consider the complexity of the information requested and the ease with which the information
can be obtained and transmitted to the Bureau by the applicant in determining the deadline.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26031, 26050
and 26051.5, Business and Professions Code.
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§ 5012. Incomplete Applications
(a) If the Bureau determines that the application is incomplete, the Bureau may provide notice to
the applicant in accordance with Business and Professions Code section 124.
(b) If the Bureau issues a notice pursuant to Business and Professions Code section 124, an
applicant has one year from the date of the notice in subsection (a) of this section to correct all
deficiencies. If the applicant fails to correct the deficiencies within the one-year period and has
not responded to the Bureau’s attempts to contact the applicant, the application shall be
considered abandoned under Business and Professions Code section 142.
(c)An applicant may reapply at any time following an abandoned application.
(d)The Bureau will not refund application fees for an incomplete or abandoned application.
Authority: Section 26013, Business and Professions Code. Reference: Sections 124, 142, 26050
and 26051.5, Business and Professions Code.
§ 5013. Withdrawal of Application
(a)An applicant may withdraw an application at any time prior to the Bureau’s issuance of a
license or denial of a license.
(b)Requests to withdraw an application must be submitted to the Bureau in writing, dated, and
signed by the applicant.
(c) In accordance with Business and Professions Code section 118, withdrawal of an application
shall not, unless the Bureau has consented in writing to such withdrawal, deprive the Bureau of
its authority to institute or continue a proceeding against the applicant for the denial of the
license upon any ground provided by law or to enter an order denying the license upon any such
ground.
(d)The Bureau will not refund application fees for a withdrawn application.
(e)An applicant may reapply at any time following the withdrawal of an application and will be
required to submit a new application and fee.
Authority: Section 26013, Business and Professions Code. Reference: Sections 118 and 26050,
Business and Professions Code.
Article 3. Licensing
§ 5014. Fees
(a)The application fee for an annual license under section 5002 of this division, a cannabis event
organizer license under section 5600 of this division, a temporary cannabis event license under
section 5601 of this division for each event, and physical modification of the premises under
section 5027 of this division shall be paid by an applicant or licensee as provided by this
division. Applicants and licensees shall pay the appropriate fee as outlined in this section.
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Application Fee Schedule
License Type Fee Per
Application
All Annual Licenses $ 1,000
Cannabis Event Organizer License $ 1,000
Temporary Cannabis Event License $ 1,000
Physical Modification of Premises $ 500
(b) The annual licensing fee for each license shall be paid by an applicant or licensee. After the
Bureau has approved the application. The Bureau shall not issue the license until the annual
licensing fee has been paid.
(c) In determining the appropriate license fee to be charged, each applicant or licensee shall
estimate the maximum dollar value of its planned operation in terms of the value of the product
expected to be tested, distributed, transported, retailed, cultivated and/or manufactured as
determined in assessing the 15% excise tax pursuant to Revenue and Taxation Code section
34011. The applicant or licensee will use the maximum dollar value of its planned operation to
determine the appropriate fee as outlined in the following fee schedule.
Annual License Fee Schedule
License Type Operations
($ Max. Per License)
Fee Per
License
Testing Laboratory up to 50 million $ 12,500
greater than 50 million to 400 million $ 45,000
greater than 400 million $ 90,000
Distributor up to 3 million $ 1,200
greater than 3 million to 12 million $ 10,000
greater than 12 million to 60 million $ 50,000
greater than 60 million to 120 million $100,000
greater than 120 million $200,000
Distributor Transport Only
Self-Distribution
up to 3 million $500
greater than 3 million to 12 million $1,500
greater than 12 million $4,000
Distributor Transport Only up to 3 million $1,000
greater than 3 million to 12 million $2,800
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License Type Operations
($ Max. Per License)
Fee Per
License
greater than 12 million $6,000
Retailer up to 0.75 million $ 4,000
greater than 0.75 million to 2.5 million $ 20,000
greater than 2.5 million to 7.5 million $ 64,000
greater than 7.5 million $ 120,000
Microbusiness up to 0.75 million $ 10,000
greater than 0.75 million to 2.5 million $ 30,000
greater than 2.5 million to 7.5 million $ 100,000
greater than 7.5 million $ 180,000
(d)Notwithstanding the fees identified above, cannabis event organizers shall pay the
appropriate fee as outlined in this section.
Annual License Fee Schedule for Cannabis Event Organizers
License Type Planned Operations
(Number of Operations)
Fee Per
License
Event Organizer 1-10 events annually $ 5,000
greater than 10 events annually $ 15,000
(e)All fees are nonrefundable.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26012, 26051.5
and 26180, Business and Professions Code.
§ 5015. Payment of Fees
(a)Any fee specified in this division shall be made to the Bureau of Cannabis Control by cash,
check, money order, debit card, or credit card. Check and money order payments may be made
out to the Bureau of Cannabis Control or the Department of Consumer Affairs.
(b) If the fee is paid by debit or credit card:
(1)The payment shall be made through the Bureau’s online licensing system; and
(2)The applicant or licensee may be required to pay any associated processing or convenience
fees to the third-party vendor processing the payment on behalf of the Bureau.
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(c) Failure to pay the appropriate licensing fee is grounds for discipline. If the Bureau determines
that the licensee paid an amount less than the appropriate licensing fee under section 5014 of this
division, the licensee will be required to pay the balance of the appropriate fee and a penalty fee
of 50 percent of the appropriate licensing fee. The Bureau in its discretion may waive the penalty
fee.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26012, 26051.5
and 26180, Business and Professions Code
§ 5016. Priority Licensing
(a)Priority licensing is available for annual licenses only, and is not applicable to any temporary
or cannabis event organizer license.
(b)To be eligible for priority licensing, an applicant must be able to demonstrate that the
applicant operated in compliance with the Compassionate Use Act of 1996 and its implementing
laws before September 1, 2016. Eligibility for priority licensing shall be established by one of
the following methods:
(1)The applicant is included on the list provided to the Bureau by the local jurisdiction in
response to the Bureau’s request required by Business and Professions Code section 26054.2.
(2) If the local jurisdiction does not provide a list to the Bureau or the applicant’s name does not
appear on the list provided to the Bureau, the applicant shall provide to the Bureau evidence of
operation in compliance with the Compassionate Use Act of 1996. Such evidence shall be in the
form of a document issued or signed by the applicant’s local jurisdiction that contains the
following:
(A)Name of the applicant;
(B) Address of the premises to be licensed;
(C) License type(s) that the applicant is applying to the Bureau for;
(D)Name of the local jurisdiction;
(E)Name of the local jurisdiction office that is responsible for enforcing compliance with the
Compassionate Use Act of 1996;
(F)Name and contact information for the person authorized by the local jurisdiction to sign on
its behalf;
(G) Signature of the person authorized to sign on behalf of the local jurisdiction; and
(H)A statement to the effect of: “The above–named party is currently conducting commercial
cannabis activity in this jurisdiction and has been operating in compliance with the
Compassionate Use Act of 1996 since before September 1, 2016.”
(c)The Bureau shall not provide priority licensing pursuant to this section after December 31,
2019.
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Authority: Section 26013, Business and Professions Code. Reference: Section 26012, 26054.2,
Business and Professions Code.
§ 5017. Substantially Related Offenses and Criteria for Rehabilitation
(a) For the purpose of license denial, convictions that are substantially related to the
qualifications, functions, or duties of the business for which the application is made include:
(1)A violent felony conviction, as specified in Penal Code section 667.5(c).
(2)A serious felony conviction, as specified in Penal Code section 1192.7(c).
(3)A felony conviction involving fraud, deceit, or embezzlement.
(4) A felony conviction for hiring, employing, or using a minor in transporting, carrying, selling,
giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling,
offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance
to a minor.
(5)A felony conviction for drug trafficking with enhancements pursuant to Health and Safety
Code section 11370.4 or 11379.8.
(b)Except as provided in subsections (a)(4) and (a)(5) of this section and notwithstanding
Chapter 2 (commencing with Section 480) of Division 1.5 of the Business and Professions Code,
a prior conviction, where the sentence, including any term of probation, incarceration, or
supervised release, is completed, for possession of, possession for sale, sale, manufacture,
transportation, or cultivation of a controlled substance is not considered substantially related, and
shall not be the sole ground for denial of a license. Conviction for any controlled substance
felony subsequent to licensure shall be grounds for revocation of a license or denial of the
renewal of a license.
(c)When evaluating whether an applicant who has been convicted of a criminal offense that is
substantially related to the qualifications, functions, or duties of the business for which the
application is made should be issued a license, the Bureau shall consider the following criteria of
rehabilitation:
(1)The nature and severity of the act or offense;
(2)Whether the person has a felony conviction based on possession or use of cannabis or
cannabis products that would not be a felony if the person was convicted of the offense on the
date of the person’s application;
(3)The applicant’s criminal record as a whole;
(4)Evidence of any act committed subsequent to the act or offense under consideration that
could be considered grounds for denial, suspension, or revocation of a commercial cannabis
activity license;
(5)The time that has elapsed since commission of the act or offense;
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(6)The extent to which the applicant has complied with any terms of parole, probation,
restitution, or any other sanctions lawfully imposed against the applicant;
(7) If applicable, evidence of dismissal under Penal Code sections 1203.4, 1203.4a, 1203.41 or
another state’s similar law;
(8) If applicable, a certificate of rehabilitation obtained under Penal Code section 4852.01 or
another state’s similar law; and
(9)Other evidence of rehabilitation submitted by the applicant.
(d) If an applicant has been denied a license based on a conviction, the applicant may request a
hearing pursuant to Business and Professions Code section 26058 to determine if the applicant
should be issued a license.
Authority: Section 26013, Business and Professions Code. Reference: Sections 482, 26012, and
26057, Business and Professions Code.
§ 5018. Additional Grounds for Denial of a License
In addition to the reasons for denial in Business and Professions Code section 26057, a license
may be denied for the following reasons:
(a)The applicant’s proposed premises does not fully comply with standards set in regulation.
(b)The applicant’s proposed or licensed premises is substantially different from the diagram of
the proposed premises submitted by the applicant, in that the size, layout, location of common
entryways, doorways, or passage ways, means of public entry or exit, or identification of limited-
access areas within the licensed premises is not the same.
(c)The applicant denied the Bureau access to the licensed premises.
(d)The applicant made a material misrepresentation on the application.
(e)The applicant did not correct the deficiencies within the application in accordance with
sections 5002 and 5012 of this division.
(f)The applicant has been denied a license, permit, or other authorization to engage in
commercial cannabis activity by a state or local licensing authority.
(g)The applicant’s proposed premises is not in compliance with Division 13 (commencing with
Section 21000) of the Public Resources Code.
(h)The applicant has failed to remit taxes as required under the Revenue and Taxation Code.
(i)The applicant may be denied a license for any violations of law related to the operations of the
commercial cannabis business or for any violations of law related to licensure.
Authority: Section 26013, Business and Professions Code. Reference: Sections 480, 490, 26012,
26030 and 26050, Business and Professions Code.
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§ 5019. Excessive Concentration
(a) In determining whether to grant, deny, or renew a license for a retail license or microbusiness
license, the Bureau shall consider if an excessive concentration exists in the area where the
licensee will operate. For the purposes of this section “excessive concentration” applies when
either of the following conditions exist:
(1)The ratio of licensees to population within the census tract or census division in which the
applicant premises is located exceeds the ratio of licensees to population in the county in which
the applicant premises is located, unless denial of the application would unduly limit the
development of the legal market so as to perpetuate the illegal market for cannabis goods.
(2)The ratio of retail licenses or microbusiness licenses to the population within the census tract,
census division, or jurisdiction exceeds that allowable by local ordinance adopted under Business
and Professions Code section 26200.
(b)“Population Within the Census Tract or Census Division” as used in this section means the
population as determined by the most recent United States decennial or special census. Such
population determination shall not operate to prevent an applicant from establishing that an
increase of resident population has occurred within the census tract or census division.
(c)“Population in the County” as used in this section shall be determined by the most recent
annual population estimate for California counties published by the Demographic Research Unit,
State Department of Finance.
(d)Beginning July 1, 2018, the Bureau shall calculate the ratios described in subsection (a) of
this section once every six months using the most current available data. The Bureau’s
consideration of whether to grant, deny, or renew a license shall be based upon the most recent
ratio calculated by the Bureau on the date of the Bureau’s decision.
(e)The existence of an excessive concentration shall not be considered in determining whether to
grant, deny, or extend a temporary license under Business and Professions Code section 26050.1.
(f)The applicant may provide reliable evidence establishing, to the satisfaction of the Bureau,
that a denial of a license would unduly limit the development of the legal market so as to
perpetuate the illegal market for cannabis goods.
Authority: Section 26013, Business and Professions Code. Reference: Section 26012 and 26051,
Business and Professions Code
§ 5020. Renewal of License
(a)To timely renew a license, a completed license renewal form and annual license fee pursuant
to section 5014 of this division shall be received by the Bureau from the licensee no earlier than
60 calendar days before the expiration of the license and no later than 5:00 p.m. Pacific Time on
the last business day before the expiration of the license if the renewal form is submitted to the
Bureau at its office(s), or no later than 11:59 p.m. on the last business day before the expiration
of the license if the renewal form is submitted to the Bureau through its electronic licensing
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system. Failure to receive a notice for license renewal does not relieve a licensee of the
obligation to renew all licenses as required.
(b) In the event the license is not submitted for renewal prior to the expiration date, the licensee
must not sell, transfer, transport, manufacture, test, or distribute any commercial cannabis goods
until the license is renewed.
(c)A licensee may submit a license renewal form up to 30 calendar days after the license
expires. Any late renewal form will be subject to a late fee equal to 50 percent of the applicable
licensing fee required by subsection (a) of this section.
(d)The license renewal form shall contain the following:
(1)The name of the licensee. For licensees who are individuals, the applicant shall provide both
the first and last name of the individual. For licensees who are business entities, the licensee shall
provide the legal business name of the applicant.
(2)The license number and expiration date.
(3)The licensee’s address of record and licensed premises address.
(4)Documentation demonstrating the maximum dollar value of the licensee’s operation for the
current licensed period, such as a copy of the licensee’s state tax return filed with the California
Department of Tax and Fee Administration.
(5)An attestation that all information provided to the Bureau in the original application under
section 5002 of this division or subsequent notification under sections 5023 and 5024 of this
division is accurate and current.
(6) A limited waiver of sovereign immunity pursuant to section 5009 of this division.
Authority: Section 26013, Business and Professions Code. Reference: Section 26012 and 26050,
Business and Professions Code.
§ 5021. Denial of License
(a)The Bureau may deny an application for a new license or a renewal of a license for any
reason specified in Business and Professions Code section 26057 and on any additional grounds
including grounds for denial under section 5018 of this division, and grounds for discipline under
the Act or this division.
(b)Upon denial of an application for a license or renewal of a license, the Bureau shall notify the
applicant in writing of the reasons for denial, and the right to a hearing to contest the denial.
(c)The applicant may request a hearing to contest the denial by submitting a written request to
the Bureau.
(1)The written request for a hearing must be postmarked within 30 calendar days of service of
the notification of denial.
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(2) If the written request for a hearing is not received within the required timeframe, the
applicant’s right to a hearing is waived.
(3) Upon timely receipt of the written request for hearing, the Bureau shall set a date for hearing
to be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code.
Authority: Section 26013, Business and Professions Code; Reference: Sections 26012 and 26057
and 26058, Business and Professions Code.
§ 5022. Cancellation of License
(a)Every licensee who abandons, quits or who closes the licensed premises for a period
exceeding 30 consecutive calendar days, shall request in writing that the Bureau cancel the
license, within 10 business days after closing, quitting, or abandoning the licensed premises. The
Bureau may revoke the license of a licensee who fails to comply with the provisions of this
section. Upon cancellation or revocation of the license, the licensee shall not display and shall
destroy the license certificate.
(b)The Bureau may cancel a license at any time upon request by the licensee if there are no
outstanding fines or fees due to the Bureau and no disciplinary action is pending.
(c) If a licensee must close the licensed premises for a period exceeding 30 consecutive calendar
days to make renovations or repairs, the Bureau may allow the licensee to retain the license if the
licensee complies with section 5027 of this division.
(d)A person whose license has been cancelled or revoked pursuant to subsection (a) of this
section may submit to the Bureau a written request for the license to be reinstated. Any request
shall be submitted to the Bureau prior to the expiration date listed on the cancelled or revoked
license. The written request shall specify the reason the licensee failed to comply with subsection
(a) of this section and why the license should be reinstated returned. The Bureau in its discretion
may reinstate the license.
Authority: Section 26013, Business and Professions Code. Reference: Section 26012 and 26050,
Business and Professions Code.
§ 5023. Business Modifications
Business modifications for any item contained in the application shall be made in accordance
with the following:
(a)Changes to standard operating procedures may be made without providing notification to the
Bureau. Licensees shall maintain a copy of all current and prior operating procedures as required
by section 5037 of this division.
(b) If at the time of licensure, a licensee employed less than 20 employees and later employs 20
or more employees, the licensee shall provide to the Bureau a document attesting that the
licensee has entered into a labor peace agreement and will abide by the terms of the agreement,
as soon as reasonably practicable once employing 20 or more employees. Once the licensee has
entered into the labor peace agreement, the licensee shall provide the Bureau with a copy of the
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page of the labor peace agreement that contains the signatures of the union representative and the
applicant.
(c) Licenses are not transferrable. Changes in ownership shall be made in accordance with the
following:
(1) If one or more of the owners of a license change, a new license application and fee shall be
submitted to the Bureau within 10 business days of the effective date of the ownership change.
The business may continue to operate under the active license while the Bureau reviews the
application if at least one owner is not transferring his or her ownership interest and will remain
as an owner under the new license and ownership structure. If all owners will be transferring
their ownership interest, the business shall not operate under the new ownership structure until
the new license application has been approved by the Bureau.
(A) A change in ownership occurs when a new person meets the definition of owner in section
5003 of this division.
(B) A change in ownership does not occur when one or more owners leave the business by
transferring their ownership interest to the other existing owner(s).
(2) In cases where one or more owners leave the business by transferring their ownership interest
to the other existing owner(s), the owner or owners that are transferring their interest shall
provide a signed statement to the Bureau confirming that they have transferred their interest.
(d)When there is a change in persons with financial interest(s) in the commercial cannabis
business that do not meet the requirements for a new license application under this section, the
licensee shall submit the information required by sections 5002(c)(19) and 5004 of this division
to the Bureau within 10 business days of the change.
(e) Licensees may request to add an A-designation or M-designation to their license by sending a
notification to the Bureau signed by at least one owner as defined in section 5003 of this
division. A licensee shall not operate under the requested designation until they have received
approval from the Bureau.
(f)Microbusiness licensees may add a commercial cannabis activity to their license or remove a
commercial cannabis activity from their license if doing so is consistent with the requirement set
forth in section 5500(a) of this division that licensees engage in at least three (3) commercial
cannabis activities. Licensees shall request the modification by completing a request to modify
the licensed premises pursuant to section 5027 of this division. A licensee shall not engage in a
new commercial cannabis activity until they have paid for the modification and received
approval from the Bureau.
(g) Licenses may not be transferred from one premises to another. Licensees shall not operate out
of a new premises until they have been issued a new license.
Authority: Section 26013, Business and Professions Code. Reference: Sections 136 and 26012,
Business and Professions Code.
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§ 5024. Death, Incapacity, or Insolvency of a Licensee
(a) In the event of the death, incapacity, receivership, assignment for the benefit of creditors or
other event rendering one or more owners’ incapable of performing the duties associated with the
license, the owner or owners’ successor in interest (e.g., appointed guardian, executor,
administrator, receiver, trustee, or assignee) shall notify the Bureau in writing, within 10
business days.
(b)To continue operations or cancel the existing license, the successor in interest shall submit to
the Bureau the following:
(1)The name of the successor in interest.
(2)The name of the owner(s) for which the successor in interest is succeeding and the license
number;
(3)The phone number, mailing address, and email address of the successor in interest; and
(4)Documentation demonstrating that the owner(s) is incapable of performing the duties
associated with the license such as a death certificate, or a court order, and documentation
demonstrating that the person making the request is the owner or owners’ successor in interest
such as a court order appointing guardianship, receivership, or a will or trust agreement.
(c)The Bureau may give the successor in interest written approval to continue operations on the
licensed business premises for a period of time specified by the Bureau:
(1) If the successor in interest or another person has applied for a license from the Bureau for the
licensed premises and that application is under review;
(2) If the successor in interest needs additional time to destroy or sell cannabis goods; or
(3)At the discretion of the Bureau.
(d)The successor in interest is held subject to all terms and conditions under which a state
cannabis license is held pursuant to the Act.
(e)The approval creates no vested right to the issuance of a state cannabis license.
Authority: Section 26013, Business and Professions Code. Reference: Section 26012, Business
and Professions Code.
§ 5025. Premises
(a)Each license shall have a designated licensed premises, with a distinct street address and suite
number if applicable, for the licensee’s commercial cannabis activity. Each licensed premises
shall be subject to inspection by the Bureau.
(b)The Bureau may allow a licensee to conduct both adult-use and medicinal commercial
cannabis activity on the same licensed premises if all of the following criteria are met:
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(1)The licensee holds both an A-designation and an M-designation on the license for the
identical type of commercial cannabis activity; and
(2)The licensee only conducts one type of commercial cannabis activity on the licensed
premises.
(c) Licensed retailers and licensed microbusinesses shall only serve customers who are within
the licensed premises, or at a delivery address that meets the requirements of this division.
(1)The sale and delivery of cannabis goods shall not occur through a pass-out window or a slide-
out tray to the exterior of the licensed premises.
(2) Licensed retailers or licensed microbusinesses shall not operate as or with a drive-in or drive-
through at which cannabis goods are sold to persons within or about a motor vehicle.
(3) No cannabis goods shall be sold and/or delivered by any means or method to any person
within a motor vehicle.
(d)Alcoholic beverages as defined in Business and Professions Code section 23004 shall not be
stored or consumed on a licensed premises.
(e) Any licensed premises that is adjacent to another premises engaging in manufacturing or
cultivation shall be separated from those premises by walls, and any doors leading to the
cultivation or manufacturing premises shall remain closed.
(f) Cannabis shall not be dispersed in the air throughout the premises or throughout a portion of
the premises by an oil diffuser or any other vaporizing device that is intended to disperse the
vapor throughout the premises or throughout a portion of the premises. This section shall not be
interpreted to prohibit cannabis consumption on the premises of a retailer or microbusiness that
is conducted in accordance with Business and Professions Code section 26200(g).
(g) Notwithstanding subsection (c) of this section, an applicant or licensee may have a drive-in or
drive-through window only if, prior to June 1, 2018:
(1) The licensee or applicant received a license or permit from the local jurisdiction for a
premises including a drive-in or drive-through window which was disclosed on the local
application; or
(2)The licensee or applicant has submitted an application to the local jurisdiction for a license or
permit which, at the time of submission of the application, included information that a drive-in or
drive-through window was already part of, or proposed to be part of, the premises, and after June
1, 2018, the local jurisdiction approves the premises with a drive-in or drive-through window.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26001, 26012,
and 26053, Business and Professions Code.
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§ 5026. Premises Location
(a) A premises licensed under this division shall not be located within a 600-foot radius of a
school providing instruction in kindergarten or any grades 1 through 12, day care center, or
youth center that is in existence at the time the license is issued.
(b) Notwithstanding subsection (a) of this section, if a local jurisdiction has issued a license or
permit to conduct commercial cannabis activity at a premises that is located within a 600-foot
radius of a school providing instruction in kindergarten or any grades 1 through 12, day care
center, or youth center, the Bureau may approve the premises for licensure if the following
conditions are met:
(1) The applicant submits a copy of a valid license or permit from the local jurisdiction with the
application for licensure; and
(2) The local jurisdiction notifies the Bureau that the applicant is in compliance with all
applicable local ordinances and regulations pursuant to Business and Professions Code section
26055(g)(2)(C).
(c) A licensed premises shall not be in a location that requires persons to pass through a business
that sells alcohol or tobacco or a private residence to access the licensed premises, or that
requires persons to pass through the licensed premises to access a business that sells alcohol or
tobacco or a private residence.
(d) A licensed premises shall not be located within a private residence.
(e) Licensees shall ensure that the Bureau has immediate access to their licensed premises. If the
Bureau is denied access to a licensee’s premises for any reason, the licensee shall be held
responsible and subject to discipline. If the Bureau is denied access to one licensee’s premises
because of another licensee’s refusal to grant access when the only access to one licensed
premises is through another licensed premises, all licensees shall be held responsible and subject
to discipline.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26012, 26051.5,
26054 and 26055, Business and Professions Code.
§ 5027. Physical Modification of Premises
(a)A licensee shall not, without the prior written approval of the Bureau, make a physical
change, alteration, or modification of the licensed premises that materially or substantially alters
the licensed premises or the use of the licensed premises from the premises diagram originally
filed with the license application. A licensee whose licensed premises is to be materially or
substantially changed, modified, or altered is responsible for filing a request for premises
modification with the Bureau.
(b)Material or substantial changes, alterations, or modifications requiring approval include, but
are not limited to:
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(1)The removal, creation, or relocation of a common entryway, doorway, passage, or a means of
public entry or exit, when such common entryway, doorway, or passage alters or changes
limited-access areas within the licensed premises;
(2)The removal, creation, or relocation of a wall or barrier; or
(3)Changing the activities conducted in or the use of an area identified in the last premises
diagram provided to the Bureau.
(c)A licensee shall request approval of a physical change, alteration, or modification in writing,
and the request shall include:
(1)A new premises diagram that conforms to requirements in section 5006 of this division; and
(2)A fee pursuant to section 5014 of this division.
(d)A licensee shall provide additional documentation requested by the Bureau to evaluate the
licensee’s request to modify the licensed premises.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26012 and
26055, Business and Professions Code
§ 5028. Subletting of Premises
A licensee shall not sublet any area designated as the licensed premises for the licensee’s
commercial cannabis activity.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26013 26012 and
26070, Business and Professions Code
§ 5029. [reserved]
§ 5030. Licensee’s Responsibility for Acts of Employees and Agents
In construing and enforcing the provisions of the Act and the regulations in this division, the act,
omission, or failure of an agent, officer, representative, or other person acting for or employed by
a licensee, within the scope of his or her employment or office, shall in every case be deemed the
act, omission, or failure of the licensee.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26031 and
26110, Business and Professions Code.
§ 5031. Age Restriction
Employees or persons retained by a licensee to work within or on a licensed premises or to
handle cannabis goods shall be at least 21 years of age.
Authority: Section 26013, Business and Professions Code. Reference: Section 26140, Business
and Professions Code.
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§ 5032. Designated M and A Commercial Cannabis Activity
(a)All commercial cannabis activity shall be conducted between licensees. Retail licensees may
conduct commercial cannabis activity with customers in accordance with chapter 3 of this
division.
(b) Licensees may conduct business with other licensees irrespective of the M-designation or A-
designation on their licenses.
(c) Licensed distributors or licensed microbusinesses shall only transport and sell cannabis goods
designated as “For Medical Use Only,” pursuant to the requirements prescribed by the State
Department of Public Health in regulation, to M-designated retailers or M-designated
microbusinesses;
(d)Products designated as “For Medical Use Only,” pursuant to requirements prescribed by the
State Department of Public Health in regulation, shall only be sold to medicinal customers by M-
designated retailers or M-designated microbusinesses.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26001, 26013,
and 26053, Business and Professions Code.
§ 5033. Storage of Inventory
(a)All inventory stored on the licensed premises shall be secured in a limited-access area.
(b)A licensee shall not store cannabis goods outdoors.
(c)Employee break rooms, changing facilities, and bathrooms shall be separated from all storage
areas.
(d)Each location where cannabis goods are stored must be separately licensed.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26012 and
26070, Business and Professions Code.
§ 5034. Significant Discrepancy in Inventory
(a)A significant discrepancy in inventory means a difference in actual inventory compared to
records pertaining to inventory of at least $5,000 or 2 percent of the average monthly sales of the
licensee, whichever is less.
(b)For the purposes of this section, average monthly sales shall be calculated by taking a per
month average of the total sales for the previous 6 months. If the licensee has not been in
operation for at least 6 months, only the months in which the licensee was operating shall be
used in determining average monthly sales.
(c) For the purposes of this section, the licensee’s acquisition price shall be used to determine the
value of cannabis goods in a licensee’s inventory.
Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business
and Professions Code.
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§ 5035. Notification of Criminal Acts, Civil Judgments, Violations of Labor Standards, and
Revocation of a Local License, Permit, or Other Authorization After Licensure
(a)A licensee shall ensure that the Bureau is notified in writing of a criminal conviction of any
owner, either by mail or electronic mail, within 48 hours of the conviction. The written
notification to the Bureau shall include the date of conviction, the court docket number, the name
of the court in which the licensee was convicted, and the specific offense(s) for which the
licensee was convicted.
(b)A licensee shall ensure that the Bureau is notified in writing of a civil penalty or judgment
rendered against the licensee or any owner in their individual capacity, either by mail or
electronic mail, within 48 hours of delivery of the verdict or entry of judgment, whichever is
sooner. The written notification shall include the date of verdict or entry of judgment, the court
docket number, the name of the court in which the matter was adjudicated, and a description of
the civil penalty or judgment rendered against the licensee.
(c)A licensee shall ensure that the Bureau is notified in writing of an administrative order or
civil judgement for violations of labor standards against the licensee or any owner in their
individual capacity, either by mail or electronic mail, within 48 hours of delivery of the order.
The written notification shall include the date of the order, the name of the agency issuing the
order, and a description of the administrative penalty or judgement rendered against the licensee.
(d) A licensee shall ensure that the Bureau is notified in writing of the revocation of a local
license, permit, or other authorization, either by mail or electronic mail within 48 hours of
receiving notice of the revocation. The written notification shall include the name of the local
agency involved, a written explanation of the proceeding or enforcement action, and the specific
violation(s) that led to revocation.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26030 and
26031, Business and Professions Code.
§ 5036. Notification of Theft, Loss, and Criminal Activity
(a)A licensee shall notify the Bureau and local law enforcement within 24 hours of discovery of
any of the following situations:
(1)The licensee discovers a significant discrepancy, as defined in section 5034 of this division,
in its inventory.
(2)The licensee discovers diversion, theft, loss, or any other criminal activity pertaining to the
operations of the licensee.
(3)The licensee discovers diversion, theft, loss, or any other criminal activity by an agent or
employee of the licensee pertaining to the operations of the licensee.
(4)The licensee discovers loss or unauthorized alteration of records related to cannabis goods,
customers, or the licensee’s employees or agents.
(5) The licensee discovers any other breach of security.
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(b)The notification to the Bureau pursuant to subsection (a) of this section shall be in writing
and include the date and time of occurrence of the theft, loss, or criminal activity, the name of
the local law enforcement agency that was notified, and a description of the incident including,
where applicable, the item(s) that were taken or lost.
Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business
and Professions Code.
§ 5037. Record Retention
(a)Each licensee shall keep and maintain the following records related to commercial cannabis
activity for at least seven years:
(1)Financial records including, but not limited to, bank statements, sales invoices, receipts, tax
records, and all records required by the California Department of Tax and Fee Administration
(formerly Board of Equalization) under title 18, California Code of Regulations, sections 1698
and 4901.
(2)Personnel records, including each employee’s full name, social security or individual tax
payer identification number, date employment begins, and date of termination of employment if
applicable.
(3)Training records including, but not limited to, the content of the training provided and the
names of the employees that received the training.
(4)Contracts with other licensees regarding commercial cannabis activity.
(5)Permits, licenses, and other local authorizations to conduct the licensee’s commercial
cannabis activity.
(6)Security records, except for surveillance recordings required pursuant to section 5044 of this
division.
(7)Records relating to the composting or destruction of cannabis goods.
(8)Documentation for data or information entered into the track and trace system.
(9)All other documents prepared or executed by an owner or their employees or assignees in
connection with the licensed commercial cannabis business.
(b)All required records shall be prepared and retained in accordance with the following
conditions:
(1)Records shall be legible; and
(2)Records shall be stored in a secured area where the records are protected from debris;
moisture; contamination; hazardous waste; fire; and theft.
(c)The Bureau may make any examination of the books and records of any licensee as it deems
necessar y to perform its duties under the Act.
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(d)All records are subject to review by the Bureau anytime the licensee is exercising the
privileges of the license or at any other time as mutually agreed to by the Bureau and the
licensee. Prior notice by the Bureau to review records is not necessary. The Bureau may review
records outside of the licensee’s standard daily business hours.
(e)Records shall be kept in a manner that allows records to be produced for the Bureau
immediately upon request at the licensed premises in either hard copy or electronic form,
whichever the Bureau requests.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26160 and
26161, Business and Professions Code.
§ 5038. Disaster Relief
(a) If a licensee is unable to comply with any licensing requirements due to a disaster, the
licensee may notify the Bureau of this inability to comply and request relief from the specific
licensing requirement.
(b)The Bureau may exercise its discretion to provide temporary relief from specific regulatory
requirements in this division and from other licensing requirements when allowed by law.
(c)Temporary relief from specific licensing requirements shall be issued for a reasonable
amount of time in order to allow the licensee to recover from the disaster.
(d)The Bureau may require that certain conditions be followed in order for a licensee to receive
temporary relief from specific licensing requirements.
(e) A licensee shall not be subject to an enforcement action for a violation of a licensing
requirement in which the licensee has received temporary relief.
(f) For the purposes of this section, “disaster “means condition of extreme peril to the safety of
persons and property within the state or a county, city and county, or city caused by such
conditions as air pollution, fire, flood, storm, tidal wave, epidemic, riot, drought, terrorism,
sudden and severe energy shortage, plant or animal infestation or disease, Governor’s warning of
an earthquake or volcanic prediction, or an earthquake, or similar public calamity, other than
conditions resulting from a labor controversy, for which the Governor has proclaimed a state of
emergency in accordance with Government Code sections 8558 and 8625, or for which a local
governing body has proclaimed a local emergency in accordance with Government Code
sections 8558 and 8630.
(g)A licensed premises that has been vacated by a licensee due to a disaster shall not be deemed
to have been, abandoned, or quit under section 5022 of this division.
(h)Notwithstanding subsection (a) of this section, if a licensee needs to move cannabis goods
stored on the licensed premises to another location immediately to prevent loss, theft, or
degradation of the cannabis goods from the disaster, the licensee may move the cannabis goods
without obtaining prior approval from the Bureau if the following conditions are met:
(1)The cannabis goods are moved to a secure location where access to the cannabis goods can
be restricted to the licensee, its employees, and contractors;
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(2)The licensee notifies the Bureau in writing that the cannabis goods have been moved and that
the licensee is requesting relief from complying with specific licensing requirements pursuant to
subsection (a) of this section within 24 hours of moving the cannabis goods;
(3)The licensee agrees to grant the Bureau access to the location where the cannabis goods have
been moved to for inspection; and
(4)The licensee submits in writing to the Bureau within 10 business days of moving the cannabis
goods a request for temporary relief that clearly indicates what statutory and regulatory sections
relief is requested from, the time period for which the relief is requested, and the reasons relief is
needed for the specified amount of time.
Authority: Section 26013, Business and Professions Code. Reference: Section 26012, Business
and Professions Code.
Article 4. Posting and Advertising
§ 5039. License Posting Requirement
Upon issuance of any license, the licensee shall prominently display the license on the licensed
premises where it can be viewed by state and local agencies. If the licensed premises is open to
the public, the license shall be displayed in an area that is within plain sight of the public.
Authority: Section 26013, Business and Professions Code. Reference: Section 26012, Business
and Professions Code.
§ 5040. Advertising Placement
(a)Any advertising or marketing, as defined in Business and Professions Code section 26150,
that is placed in broadcast, cable, radio, print, and digital communications:
(1)Shall only be displayed after a licensee has obtained reliable up-to-date audience composition
data demonstrating that at least 71.6 percent of the audience viewing the advertising or
marketing is reasonably expected to be 21 years of age or older;
(2)Shall not use any depictions or images of minors under 18 years of age.
(3)Shall not contain the use of objects, such as toys, inflatables, movie characters, cartoon
characters, or include any other display, depiction, or image designed in any manner likely to be
appealing to minors under 18 years of age; and
(4)Shall not advertise free cannabis goods or giveaways of any type of products. This includes
promotions such as:
(A) Buy one product get one free;
(B) Free product with any donation; and
(C) Contests, sweepstakes, or raffles.
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(b) In addition to the requirements for advertising and marketing in subsection (a) of this section,
all outdoor signs, including billboards, must be affixed to a building or permanent structure. All
outdoor advertising must be in compliance with the Outdoor Advertising Act, commencing with
section 5200 of the Business and Professions Code.
(c) For the purposes of this section, “reliable up-to-date audience composition data” means data
regarding the age and location demographics of the audience viewing a particular advertising or
marketing medium. “Reliable up-to-date audience composition data” does not include data from
the most recent United States decennial or special census, or the annual population estimate for
California counties published by the Demographic Research Unit, State Department of Finance.
(d) Immediately upon request, a licensee shall provide to the Bureau audience composition data
as required in subsection (a) of this section for advertising or marketing placed by the licensee.
(e) If the Bureau determines that audience composition data for advertising or marketing
provided by a licensee does not comply with the requirements of subsection (a) of this section, or
the licensee fails to provide audience composition data to the Bureau upon request, the licensee
shall remove the advertising or marketing placement in question.
(f)In construing and enforcing the advertising provisions of the Act and this division, any action,
omission, or failure of an advertising agent, representative, or contractor retained by the licensee,
shall in every case be deemed the act, omission, or failure of the licensee.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26151 and
26152, Business and Professions Code.
§ 5041. Age Confirmation in Advertising
(a)Prior to any advertising or marketing from the licensee involving direct, individualized
communication or dialogue, the licensee shall use age affirmation to verify that the recipient is
21 years of age or older.
(b)For the purposes of this section, direct, individualized communication or dialogue may occur
through any form of communication, including in-person, telephone, physical mail, or electronic.
(c)A method of age verification is not necessary for a communication if the licensee can verify
that the licensee has previously had the intended recipient undergo a method of age affirmation
and the licensee is reasonably certain that the communication will only be received by the
intended recipient.
(d)A licensee shall use a method of age affirmation before having a potential customer added to
a mailing list, subscribe, or otherwise consent to receiving direct, individualized communication
or dialogue controlled by a licensee.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26151 and
26152, Business and Professions Code.
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Article 5. Security Measures
§ 5042. Limited-Access Areas
(a) Licensees shall ensure that only employees of the licensee and other authorized individuals
access the limited-access areas of the licensed premises.
(b)For the purpose of this section, authorized individuals include individuals employed by the
licensee as well as any outside vendors, contractors, or other individuals conducting business that
requires access to the limited-access areas.
(c)An individual who enters the limited-access area that is not employed by the licensee shall be
escorted by an employee of the licensee at all times while within the limited-access area.
(d)A licensee shall maintain a record of all authorized individuals that are not employees of the
licensee who enter the limited-access areas. The record shall include the name of the individual,
the company the individual works for, the reason the individual entered the limited-access area,
the date, and the times the individual entered and exited the limited-access area. These records
shall be made available to the Bureau immediately upon request.
(e)A licensee shall not receive consideration or compensation for permitting an individual to
enter the limited-access areas.
(f) Entrances to all limited-access areas shall have a solid door and a lock meeting the
requirements of section 5046 of this division. The door shall remain closed when not in use
during regular business hours.
Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business
and Professions Code.
§ 5043. Licensee Employee Badge Requirement
All agents, officers, or other persons acting for or employed by a licensee shall display a
laminated or plastic-coated identification badge issued by the licensee at all times while
engaging in commercial cannabis activity. The identification badge shall, at a minimum, include
the licensee’s “doing business as” name and license number, the employee’s first name, an
employee number exclusively assigned to that employee for identification purposes, and a color
photograph of the employee that clearly shows the full front of the employee’s face and that is at
least 1 inch in width and 1.5 inches in height.
Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business
and Professions Code.
§ 5044. Video Surveillance System
(a)Each licensed premises shall have a digital video surveillance system with a minimum
camera resolution of 1280 × 720 pixels.
(b) The surveillance-system storage device or the cameras shall be transmission control protocol
(TCP) capable of being accessed through the internet.
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(c)The video surveillance system shall at all times be able to effectively and clearly record
images of the area under surveillance.
(d)Each camera shall be permanently mounted and in a fixed location. Each camera shall be
placed in a location that allows the camera to clearly record activity occurring within 20 feet of
all points of entry and exit on the licensed premises, and allows for the clear and certain
identification of any person and activities in all areas required to be filmed under subsection (e)
of this section.
(e)Areas that shall be recorded on the video surveillance system include the following:
(1)Areas where cannabis goods are weighed, packed, stored, loaded, and unloaded for
transportation, prepared, or moved within the licensed premises;
(2)Limited-access areas;
(3) Security rooms;
(4)Areas storing a surveillance-system storage device with at least one camera recording the
access points to the secured surveillance recording area; and
(5)Entrances and exits to the licensed premises, which shall be recorded from both indoor and
outdoor vantage points.
(f) Licensed retailers and licensed microbusiness shall also record point-of-sale areas and areas
where cannabis goods are displayed for sale on the video surveillance system. At each point-of-
sale location, camera placement must allow for the recording of the facial features of any person
purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to
determine identity.
(g)Cameras shall record continuously 24 hours per day and at a minimum of 15 frames per
second (FPS).
(h)The physical media or storage device on which surveillance recordings are stored shall be
secured in a manner to protect the recording from tampering or theft.
(i)Surveillance recordings shall be kept for a minimum of 90 days.
(j)Surveillance recordings are subject to inspection by the Bureau, and shall be kept in a manner
that allows the Bureau to view and obtain copies of the recordings at the licensed premises
immediately upon request. The licensee shall also send or otherwise provide copies of the
recordings to the Bureau upon request within the time specified by the Bureau.
(k)Recorded images shall clearly and accurately display the time and date. Time is to be
measured in accordance with the United States National Institute Standards and Technology
standards.
(l)The video surveillance system shall be equipped with a failure notification system that
provides notification to the licensee of any interruption or failure of the video surveillance
system or video surveillance-system storage device.
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(m) If multiple licensed premises are contained within the same building, a single video
surveillance system covering the entire building may be used by all of the licensees under the
following conditions:
(1)Each applicant or licensee shall disclose on their premises diagram where the surveillance
recordings are stored.
(2)Each applicant or licensee shall include in their security operating procedures, submitted with
the application pursuant to section 5002(c)(29)(D) of this division, an explanation of how the
video surveillance system will be shared, including who is responsible for monitoring the video
footage and storing any video recordings.
(3)All licensees shall have immediate access to the surveillance recordings to produce them
pursuant to subsection (j) of this section.
(4)All licensees shall be held responsible and subject to discipline for any violations of the video
surveillance requirements.
Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business
and Professions Code.
§ 5045. Security Personnel
(a) A retail licensee or microbusiness licensee who is engaged in retail sale shall hire or contract
for security personnel who are at least 21 years of age to provide security services for the
licensed retail premises. All security personnel hired or contracted for by the licensee shall be
licensed by the Bureau of Security and Investigative Services and shall comply with Chapters
11.4 and 11.5 of Division 3 of the Business and Professions Code.
(b)Notwithstanding subsection (a) of this section, a licensed non-storefront retailer or licensed
microbusiness who is not engaged in storefront retail sale is not required to hire or contract for
security personnel.
(c) If multiple licensed premises are contained within the same building, security personnel may
be shared by all of the licensees to cover the entire building under the following conditions:
(1)Each licensee shall include in their security operating procedures, submitted with the
application pursuant to section 5002(c)(29)(D) of this division, an explanation of how security
personnel will be shared, including who is responsible for employing or contracting the security
personnel.
(2)All licensees shall be held responsible and subject to discipline for any violations of the
security personnel requirements.
Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business
and Professions Code.
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§ 5046. Locks
A licensee shall ensure that the limited-access areas described in section 5042 of this division
can be securely locked using commercial-grade, nonresidential door locks. A licensee shall also
use commercial-grade, nonresidential door locks on all points of entry and exit to the licensed
premises.
Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business
and Professions Code.
§ 5047. Alarm System
(a)A licensee shall maintain an alarm system as defined in Business and Professions Code
section 7590.1(n) at the licensed premises.
(b)A licensee shall ensure a licensed alarm company operator or one or more of its registered
alarm agents installs, maintains, monitors, and responds to the alarm system.
(c)Upon request, a licensee shall make available to the Bureau all information related to the
alarm system, monitoring, and alarm activity.
(d) If multiple licensed premises are contained within the same building, a single alarm system
covering the entire building may be used by all of the licensees under the following conditions:
(1)Each licensee shall include in their security operating procedures, submitted with the
application pursuant to section 5002(c)(29)(D) of this division, an explanation of how the alarm
system will be shared, including who is responsible for contracting with the alarm company.
(2)All licensees shall have access to and be able to provide the information under subsection (c)
of this section.
(3)All licensees shall be held responsible and subject to discipline for any violations of the alarm
system requirements.
Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business
and Professions Code.
Article 6. Track and Trace Requirements
§ 5048. Track and Trace System
(a)A licensee shall create and maintain an active and functional account within the track and
trace system prior to engaging in any commercial cannabis activity, including the purchase, sale,
test, packaging, transfer, transport, return, destruction, or disposal, of any cannabis goods.
(b)A licensee shall designate one individual owner as the track and trace system account
manager. The account manager may authorize additional owners or employees as track and trace
system users and shall ensure that each user is trained on the track and trace system prior to its
access or use.
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(1)The account manager shall attend and successfully complete all required track and trace
system training, including any orientation and continuing education.
(2) If the account manager did not complete the required track and trace system training prior to
receiving their annual license, the account manager shall sign up for and complete state
mandated training, as prescribed by the Bureau, within five business days of license issuance.
(c)The account manager and each user shall be assigned a unique log-on, consisting of a
username and password. The account manager or each user accessing the track and trace system
shall only do so under his or her assigned log-on, and shall not use or access a log-on of any
other individual. No account manager or user shall share or transfer his or her log-on, username,
or password, to be used by any other individual for any reason.
(d)The account manager shall maintain a complete, accurate, and up-to-date list of all track and
trace system users, consisting of their full names and usernames.
(e)A licensee shall monitor all compliance notifications from the track and trace system, and
timely resolve the issues detailed in the compliance notification.
(1)A licensee shall keep a record, independent of the track and trace system, of all compliance
notifications received from the track and trace system, and how and when compliance was
achieved.
(2) If a licensee is unable to resolve a compliance notification within three business days of
receiving the notification, the licensee shall notify the Bureau immediately.
(f)A licensee is accountable for all actions its owners or employees take while logged into or
using the track and trace system, or otherwise while conducting track and trace activities.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26067, 26070,
26160 and 26161, Business and Professions Code.
§ 5049. Track and Trace Reporting
(a)A licensee shall record in the track and trace system all commercial cannabis activity,
including:
(1)Packaging of cannabis goods.
(2)Sale and transfer of cannabis goods.
(3)Transportation of cannabis goods to a licensee.
(4)Receipt of cannabis goods.
(5)Return of cannabis goods.
(6)Destruction and disposal of cannabis goods.
(7) Laboratory testing and results.
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(8)Any other activity as required pursuant to this division, or by any other licensing authority.
(b)The following information shall be recorded for each activity entered in the track and trace
system:
(1)Name and type of the cannabis goods.
(2)Unique identifier of the cannabis goods.
(3)Amount of the cannabis goods, by weight or count, and total sale price of the cannabis goods,
as applicable.
(4)Date and time of the activity or transaction.
(5)Name and license number of other licensees involved in the activity or transaction.
(6) If the cannabis goods are being transported:
(A)The licensee shall transport pursuant to a shipping manifest generated through the track and
trace system, that includes items (1) through (5) of this subsection, as well as:
(i) The name, license number, and premises address of the originating licensee.
(ii)The name, license number, and licensed premises address of the licensee transporting the
cannabis goods.
(iii)The name, license number, and licensed premises address of the destination licensee
receiving the cannabis goods into inventory or storage.
(iv)The date and time of departure from the licensed premises and approximate date and time of
departure from each subsequent licensed premises, if any.
(v)Arrival date and estimated time of arrival at each licensed premises.
(vi)Driver license number of the personnel transporting the cannabis goods, and the make,
model, and license plate number of the vehicle used for transport.
(B) Upon pick-up or receipt of cannabis goods for transport, storage, or inventory, a licensee
shall ensure that the cannabis goods received are as described in the shipping manifest, and shall
record acceptance and acknowledgment of the cannabis goods in the track and trace system.
(C) If there are any discrepancies between the type or quantity specified in the shipping manifest
and the type or quantity received by the licensee, the licensee shall record and document the
discrepancy in the track and trace system and in any relevant business record.
(7) If cannabis goods are being destroyed or disposed of, the licensee shall record in the track
and trace system the following additional information:
(A)The name of the employee performing the destruction or disposal.
(B)The reason for destruction or disposal.
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(C)The name of the entity being used to collect and process cannabis waste, pursuant to section
5055 of this division.
(8)Description for any adjustments made in the track and trace system, including, but not limited
to:
(A)Spoilage or fouling of the cannabis goods.
(B) Any event resulting in exposure or compromise of the cannabis goods.
(9)Any other information as required pursuant to this division, or by any other applicable
licensing authorities.
(c)Unless otherwise specified, all transactions must be entered into the track and trace system
within 24 hours of occurrence.
(d) Licensees shall only enter and record complete and accurate information into the track and
trace system, and shall correct any known errors entered into the track and trace system
immediately upon discovery.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26067, 26070,
and 26160, Business and Professions Code.
§ 5050. Loss of Access
(a) If at any point a licensee loses access to the track and trace system for any reason, the
licensee shall prepare and maintain comprehensive records detailing all commercial cannabis
activities that were conducted during the loss of access.
(b)The licensee shall both document and notify the Bureau immediately:
(1)When access to the system is lost;
(2)When access to the system is restored; and
(3)The cause for the loss of access.
(c)Once access is restored, all commercial cannabis activity that occurred during the loss of
access shall be entered into the track and trace system within three business days of access being
restored.
(d)A licensee shall not transport, transfer, receive, or deliver any cannabis goods until such time
as access is restored and all information recorded in the track and trace system.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26067, 26070,
and 26160, Business and Professions Code.
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§ 5051. Track and Trace System Reconciliation
(a) In addition to other inventory reconciliation requirements under this division, a licensee shall
reconcile the physical inventory of cannabis goods at the licensed premises with the records in
the track and trace database at least once every 14 calendar days.
(b) If a licensee finds a discrepancy between its physical inventory and the track and trace system
database, the licensee shall conduct an audit, and notify the Bureau of any reportable activity
pursuant to section 5036 of this division.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26067, 26070,
and 26160, Business and Professions Code.
§ 5052. Temporary Licenses; Licensees in Operation at Time of Licensure
(a)A licensee operating under a temporary license issued pursuant to section 5001 of this
division is not required to record commercial cannabis activity in the track and trace system as
otherwise required by this article.
(b)Temporary licensees shall track and record all cannabis commercial activities and
information required pursuant to this division and any other provision of law, at a minimum, on
paper receipts, invoices, or manifests.
(c)Any commercial cannabis activity conducted between annual license holders shall be
recorded in the track and trace system.
(d)Any licensee in operation at the time the annual license is issued shall enter all inventory into
the track and trace system no later than 30 calendar days after the track and trace system account
manager attends the training required pursuant to section 5048 of this division.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26050.1, 26067,
26070, and 26160, Business and Professions Code.
Article 7. Returns and Destruction
§ 5052.1. Acceptance of Shipments
(a) Licensees shall accept or reject in whole shipments of cannabis goods.
(b)Notwithstanding subsection (a) of this section, if a licensee receives a shipment containing
cannabis goods that differ from those listed on the sales invoice or receipt, the licensee shall
reject the portion of the shipment that is not accurately reflected on the sales invoice or receipt.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26013, 26070
and 26161, Business and Professions Code.
§ 5053. Returns Between Licensees
(a) If a licensee discovers that a manufactured cannabis good that was purchased from another
licensee is defective, the purchasing licensee may return the cannabis good to the selling licensee
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only in exchange for a non-defective version of the same type of cannabis good or in exchange
for a cannabis good of equal value.
(b)Except as provided in subsection (a) of this section, a licensee shall not return cannabis goods
purchased from another licensee.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26013 and
26070, Business and Professions Code.
§ 5054. Destruction of Cannabis Products Prior to Disposal
(a) Licensees shall not dispose of cannabis goods, unless disposed of as cannabis waste, defined
under section 5000(e) of this division.
(b) In order to be disposed of as cannabis waste, cannabis goods must first be destroyed, which at
a minimum, includes removing the cannabis goods from any packaging and rendering it
unrecognizable and unusable.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26013 and
26070, Business and Professions Code.
§ 5055. Cannabis Waste Management
(a)A licensee may not sell, transfer, donate, or give away cannabis waste., unless in accordance
with this section.
(b) Licensees shall comply with all applicable waste management laws including, but not limited
to, Division 30 of the Public Resources Code.
(c) For the purpose of this section, the following shall apply:
(1) A “third-party waste hauler” means any of the following:
(A)The local agency;
(B) A waste hauler franchised or contracted by the local agency; or
(C)A private waste hauler permitted by the local agency.
(2)A “solid waste facility” means any of the following:
(A)A manned, fully permitted solid waste landfill or transformation facility;
(B) A manned, fully permitted composting facility or manned composting operation;
(C)A manned, fully permitted in-vessel digestion facility or manned in-vessel digestion
operation;
(D)A manned, fully permitted transfer processing facility or manned transfer/processing
operation; or
(E)A manned, fully permitted chip and grind facility or manned chip and grind operation.
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(3)“Secured waste receptacle” or “secured area” means a receptacle area where physical access
is restricted to the licensee, its employees, and third-party waste hauler, and public access, or any
other access, to the designated receptacle or area is prohibited.
(d)A licensee shall dispose of cannabis waste in a secured waste receptacle or in a secured area
on the licensed premises, until it can be collected by the licensee or a third-party waste hauler,
and processed at a solid waste facility.
(e)A licensee shall have a cannabis waste management plan in place that identifies one or more
of the following methods for managing cannabis waste:
(1) If licensee is composting cannabis waste on a licensed premises, a licensee shall do so in
compliance with title 14, California Code of Regulations, Chapter 3.1 (commencing with Section
17850).
(2) If a licensee is self-hauling cannabis waste to a solid waste facility, a licensee shall do all of
the following:
(A)Obtain from the solid waste facility for each delivery of cannabis waste, a copy of a certified
weight ticket or receipt documenting delivery.
(B) Only the licensee or its employees may transport self-hauled cannabis waste.
(3) If the licensee is using a third-party waste hauler to collect and process cannabis waste, a
licensee shall do all the following:
(A) A licensee shall maintain the following information for any third-party waste hauler who will
collect and process the licensee’s cannabis waste and shall provide the information to the Bureau
immediately upon request:
(i)Name of local agency providing waste hauler services, if applicable;
(ii)Company name and business address, of the waste hauler franchised or contracted by the
local agency, or private waste hauler permitted by the local agency, if applicable; and
(iii) Name and phone number of the primary contact person at the company.
(B) Obtain documentation from the entity hauling the waste that indicates the date and time of
each collection of cannabis waste at the licensed premises; and
(C)Obtain a copy of the certified weight ticket or other documentation prepared by the entity
hauling the waste that confirms receipt of the cannabis waste at the solid waste facility.
Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business
and Professions Code.
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Chapter 2. DISTRIBUTORS
§ 5300. Distribution Activities
A licensed distributor shall distribute only cannabis goods, cannabis accessories, and licensees’
branded merchandise or promotional materials.
Authority: Sections 26013, Business and Professions Code. Reference: Section 26070, Business
and Professions Code.
§ 5301. Storage Services
(a) A licensed distributor may provide storage services, including storage-only services that are
unrelated to the quality assurance and laboratory testing processes, to a licensed cultivator,
licensed manufacturer, licensed microbusiness, licensed retailer, or another licensed distributor.
(b) A licensed distributor may provide storage services to other licensees for only cannabis
goods, cannabis accessories, and licensees’ branded merchandise or promotional materials.
(c)Notwithstanding subsection (b) of this section, a licensed distributor shall not store live plants
on the licensed premises.
Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business
and Professions Code.
§ 5302. Storage of Batches for Testing
(a) A licensed distributor shall ensure that all cannabis goods batches are stored separately and
distinctly from other cannabis goods batches on the licensed distributor’s premises.
(b) A licensed distributor shall ensure a label with the following information is physically
attached to each container of each batch:
(1)The name and license number of the manufacturer or cultivator who provided the batch;
(2)The date of entry into the licensed distributor’s storage area;
(3)The unique identifiers and batch number associated with the batch;
(4)A description of the cannabis goods with enough detail to easily identify the batch;
(5)The weight of or quantity of units in the batch; and
(6)The best-by, sell-by, or expiration date of the batch, if any.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26110 and
26120, Business and Professions Code.
§ 5303. Packaging and Labeling
(a) A licensed distributor may package, re-package, label, and re-label cannabis, including pre-
rolls, for retail sale.
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(b) A licensed distributor shall not package, re-package, label, or re-label manufactured cannabis
products except when the licensed distributor also holds a manufacturing license and is
packaging, re-packaging, labeling, or re-labeling its own manufactured cannabis products at its
licensed manufacturing premises.
(c)Notwithstanding subsection (b) of this section, licensed distributors may also re-label the
package with the accurate amount of cannabinoids and terpenoids if laboratory testing
determines that the manufactured product is labeled with incorrect amounts. Prior to re-labeling
the package, the licensed distributor shall send the Certificate of Analysis from the licensed
testing laboratory to the licensed manufacturer that manufactured the cannabis goods.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26013 and
26120, Business and Professions Code
§5303.1. Net Weight of Dried Flower
For purposes of this division, the net weight on any package of dried flower shall not be
considered inaccurate if the actual weight is within plus or minus 2.5% of the labeled weight.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26013 and
26120, Business and Professions Code
§ 5304. Testing Arrangements
After taking physical possession of a cannabis goods batch, the licensed distributor shall contact
a testing laboratory and arrange for a laboratory employee to come to the licensed distributor’s
licensed premises to select a representative sample for laboratory testing.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26104, 26110,
Business and Professions Code.
§ 5305. Testing Sample
(a)The licensed distributor shall ensure that the batch size from which the sample is taken meets
the requirements of this division.
(b) A licensed distributor or an employee of the licensed distributor shall be physically present to
observe the laboratory employee obtain the sample of cannabis goods for testing and shall ensure
that the increments are taken from throughout the batch.
(c)The sampling shall be video recorded with the batch number stated verbally or in writing on
the video at the beginning of the video and a visible time and date indication on the video
recording footage. The video recordings shall be maintained for 90 days by the licensed
distributor.
(d)After the sample has been selected, both the licensed distributor and the laboratory employee
shall sign and date the chain of custody form pursuant to section 5706 of this division, attesting
to the sample selection having occurred.
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(e) A licensed distributor shall not assist the laboratory employee nor touch the cannabis goods
or the sampling equipment while the laboratory employee is obtaining the sample.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26104 and
26110, Business and Professions Code.
§ 5306. Laboratory Testing Results
(a) A sample “passes” a laboratory test when the sample meets specifications in chapter 6 of this
division.
(b)When a batch from a manufactured or harvest batch passes, the cannabis goods may be
transported to one or more licensed retailers, licensed distributors, or licensed microbusinesses.
(c)A sample “fails” a laboratory test when the sample does not meet specifications in chapter 6
of this division.
(d) If a failed sample was collected from a batch and the batch could be remediated pursuant to
section 5727 of this division, a licensed distributor may transport or arrange for the
transportation of the batch to a manufacturer for remediation.
(e) A licensed distributor shall destroy a batch that failed laboratory testing and cannot be
remediated pursuant to section 5727 of this division.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26070, 26100,
26104 and 26110, Business and Professions Code.
§ 5307. Quality-Assurance Review
When a licensed distributor receives a certificate of analysis from the licensed testing laboratory
or upon transfer from another licensed distributor stating that the sample meets specifications
required by law, the distributor shall ensure the following before transporting the cannabis goods
to one or more licensed retailers or licensed microbusinesses:
(a)The certificate of analysis for the required testing under section 5714 of this division that the
licensed distributor received from the testing laboratory is the certificate of analysis that
corresponds to the batch;
(b)The label on the cannabis goods is consistent with the certificate of analysis regarding
cannabinoid content and contaminants required to be listed by law;
(c) The packaging and labeling of the cannabis goods complies with Business and Professions
Code Section 26120 and all applicable regulations within this division as well as California Code
of Regulations, Title 3, Division 8 and Title 17, Division 1, Chapter 13, except cannabis goods
are not required to be labeled or otherwise identified as medicinal products prior to retail sale
unless the cannabis goods must be labeled as such pursuant to the requirements prescribed by the
State Department of Public Health in regulation;
(d)The weight or count of the cannabis batch comports with that in the track and trace system. A
licensed distributor shall use scales as required by the Act; and
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(e)All events prior to receipt have been entered into the track and trace system.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26070, 26110
and 26120, Business and Professions Code.
§ 5308. Insurance Requirements
(a)An applicant for a distributor license shall provide the Bureau with a certificate of insurance
that shows the types of insurance coverage and minimum amounts that have been secured as
required by this section, and documentation establishing compliance with subsection (d) of this
section.
(b)A distributor licensee shall at all times carry and maintain commercial general liability
insurance in the aggregate in an amount no less than $2,000,000 and in an amount no less than
$1,000,000 for each loss.
(c)A distributor licensee shall maintain the insurance required in subsection (b) of this section
from an insurance company that is:
(1)A non-admitted insurer that meets the requirements of Insurance Code section 1765.1 or
1765.2, and the insurance is placed pursuant to Insurance Code section 1763 and through a
surplus line broker licensed under Insurance Code section 1765;
(2)An insurer qualified to do business in California by the Secretary of State and authorized by
the Insurance Commissioner to write the liability and property classes of insurance as defined by
Insurance Code sections 102, 103, 107, 114, 108, and 120; or
(3)A registered risk retention group compliant with the California Risk Retention Act of 1991.
(See California Insurance Code sections 125-140.)
(d)Admitted insurers and risk retention groups must show proof of capitalization in the amount
of at least $10,000,000.
(e) A distributor licensee shall notify the Bureau in writing within 10 calendar days of a lapse in
insurance.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26070 and
26051.5, Business and Professions Code.
§ 5309. Inventory Reconciliation
(a) A licensed distributor shall reconcile all inventories of cannabis goods at least once every 14
calendar days.
(b) A licensed distributor shall keep an inventory log containing the following information for
each batch:
(1)The name and license number of the manufacturer or cultivator who provided the batch;
(2)The date of entry into the licensed distributor’s storage area;
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(3)The unique identifiers and batch number associated with the batch;
(4)A description of the cannabis goods with enough detail to easily identify the batch;
(5)The weight of or quantity of units in the batch;
(6)The best-by, sell-by, or expiration date of the batch, if any; and
(7)Where on the licensed premises the batch is kept.
(c) If a licensed distributor finds a discrepancy between the inventory of stock and the inventory
log or track and trace system that is outside of normal weight loss caused by moisture loss, the
licensed distributor shall commence a full audit of the batch in which the discrepancy was found.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26070 and
26160, Business and Professions Code.
§ 5310. Records
In addition to the records required by section 5037 of this division, a licensed distributor shall
maintain the following records:
(a)Records relating to branding, packaging and labeling;
(b) Inventory logs and records;
(c)Transportation bills of lading and shipping manifests for completed transports and for
cannabis goods in transit;
(d)Vehicle and trailer ownership records;
(e)Quality-assurance records;
(f)Records relating to destruction of cannabis goods;
(g)Laboratory-testing records;
(h)Warehouse receipts;
(i)Records relating to tax payments collected and paid under Revenue and Taxation Code
sections 34011 and 34012.
Authority: Section 26013, Business and Professions Code. Reference: Section 26160, Business
and Professions Code.
§ 5311. Requirements for the Transportation of Cannabis Goods
The following requirements apply when transporting cannabis goods between licensees or
licensed premises:
(a)Transportation shall only be conducted by persons holding a distributor license under the Act,
or employees of those persons.
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(b) Prior to transporting any cannabis goods, the licensed distributor shall have a completed sales
invoice or receipt that meets the requirements of Business and Professions Code section 26161.
The licensed distributor shall only transport cannabis goods listed on the sales invoice or receipt.
The sales invoice or receipt may not be altered or changed once transport begins.
(c)All vehicles transporting cannabis goods for hire shall be required to have a motor carrier
permit pursuant to Chapter 2 (commencing with Section 34620) of Division 14.85 of the Vehicle
Code.
(d)Transportation by means of aircraft, watercraft, drone, rail, human powered vehicle, and
unmanned vehicle is prohibited.
(e)Cannabis goods shall only be transported inside of a vehicle or trailer and shall not be visible
or identifiable from outside of the vehicle or trailer.
(f) Cannabis goods shall be locked in a box, container, or cage that is secured to the inside of the
vehicle or trailer. For purposes of this section, the inside of the vehicle includes the trunk.
(g)While left unattended, vehicles and trailers shall be locked and secured.
(h) A licensed distributor shall not leave a vehicle or trailer containing cannabis goods
unattended in a residential area or parked overnight in a residential area.
(i)At a minimum, a licensed distributor shall have a vehicle alarm system on all transport
vehicles and trailers. Motion detectors, pressure switches, duress, panic, and hold-up alarms may
also be used.
(j)Packages or containers holding cannabis goods shall not be tampered with, or opened, during
transport.
(k) A licensed distributor transporting cannabis goods shall only travel between licensees
shipping or receiving cannabis goods and its own licensed premises when engaged in the
transportation of cannabis goods. The licensed distributor may transport multiple shipments of
cannabis goods at once in accordance with applicable laws. A licensed distributor shall not
deviate from the travel requirements described in this section, except for necessary rest, fuel, or
vehicle repair stops.
(l)Under no circumstances may non-cannabis goods, except for cannabis accessories and
licensees’ branded merchandise or promotional materials be transported with cannabis goods.
(m)Vehicles and trailers transporting cannabis goods are subject to inspection by the Bureau at
any licensed premises or during transport at any time.
(n) Notwithstanding subsections (d) and (e) of this section, if it is not operationally feasible to
transport cannabis goods inside of a vehicle or trailer because the licensed premises that the
cannabis goods will be transported from and the licensed premises that will be receiving the
cannabis goods are located within the same building or on the same parcel of land, the cannabis
goods may be transported by foot, hand truck, fork lift, or other similar means. A shipping
manifest that complies with this division is required when transporting cannabis goods pursuant
to this subsection.
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Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business
and Professions Code.
§ 5312. Required Transport Vehicle Information
(a) In addition to the information required in section 5314 of this division, any licensed
distributor who will be or is transporting cannabis goods shall provide the following information
to the Bureau:
(1) Proof that the licensed distributor owns or holds a valid lease for each vehicle and trailer used
to transport cannabis goods;
(2)The year, make, model, license plate number, and numerical Vehicle Identification Number
(VIN) for each vehicle and trailer used to transport cannabis goods; and
(3)Proof of insurance for each vehicle and trailer used to transport cannabis goods.
(b) The licensed distributor shall provide the Bureau with the information required by this
section in writing for any new vehicle or trailer that will be used to transport cannabis goods
prior to using the vehicle or trailer to transport cannabis goods.
(c)The licensed distributor shall provide the Bureau with any changes to the information
required by this section in writing within 30 calendar days.
Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business
and Professions Code.
§ 5313. Transport Personnel Requirements
(a)No person under the age of 21 years old shall be in a commercial vehicle or trailer
transporting cannabis goods; and
(b)Only a licensee, an employee of the licensed distributor, or security personnel that meets the
requirements of section 5045 of this division, shall be in a vehicle while transporting cannabis
goods.
Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business
and Professions Code.
§ 5314. Shipping Manifest
(a)Prior to transporting cannabis goods, a licensed distributor shall generate a shipping manifest
through the track and trace system for the following activities:
(1)Testing and sampling;
(2)Sale of cannabis goods to a licensee;
(3)Destruction or disposal of cannabis goods; and
(4)Any other activity, as required pursuant to this division, or by any other licensing authority.
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(b) The licensed distributor shall transmit the shipping manifest to the Bureau and the licensee
that will receive the cannabis goods prior to transporting the cannabis goods.
(c)The licensed distributor shall ensure and verify that the cannabis goods being taken into
possession for transport at the originating licensed premises are as described and accurately
reflected in the shipping manifest. For purposes of this section, the licensed distributor may
verify that the cannabis goods are accurately reflected in the shipping manifest by confirming
that the number of boxes of cannabis goods, type of cannabis goods, weight and or units of
cannabis goods, matches the label on the boxes containing the cannabis goods.
(1) The licensed distributor shall not take into possession or transport:
(A) Any cannabis goods that are not on the shipping manifest; or
(B) Any cannabis goods that are less than or greater than the amount reflected on the shipping
manifest.
(2) The licensed distributor is responsible for any discrepancies between the shipping manifest
and the cannabis goods in its possession during transport, and subject to any enforcement or
disciplinary action related to such discrepancy.
(3) A licensed distributor shall not void or change a shipping manifest after departing from the
originating licensed premises.
(d)A shipping manifest shall accompany every transport of cannabis goods.
(e)Notwithstanding subsection (a) of this section, if a transporting licensed distributor has not
obtained access to the track and trace system, the licensed distributor shall complete the shipping
manifest outside of the track and trace system and transmit it to the Bureau and the licensee
receiving the shipment by electronic mail.
(f) If the transporting licensed distributor has access to the track and trace system and the
licensee receiving the shipment has not obtained access to the track and trace system, the
licensed distributor shall complete the shipping manifest in the track and trace system and
transmit it to the Bureau. However, the licensed distributor shall send a copy to the licensee
receiving the shipment by electronic mail.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26067 and
26070, Business and Professions Code
§ 5315. Distributor Transport Only License
(a) A licensed distributor transport only licensee may transport cannabis goods between
licensees; however, they shall not transport any cannabis goods except for immature cannabis
plants and seeds to a licensed retailer or licensed microbusiness.
(b)A complete application for a distributor transport only license shall include all the
information required in an application for a distributor license.
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(c)The licensing fee for a distributor transport only license will be based in part upon whether
the licensee intends to transport only cannabis goods that the licensee has cultivated or
manufactured (self-distribution), or whether the licensee intends to transport cannabis goods
cultivated or manufactured by other licensees.
(d)A distributor transport only licensee shall comply with all of the requirements for a holder of
a distributor license, except for those related to quality assurance and testing.
(e)A distributor transport only licensee shall not hold title to any cannabis goods unless the
licensee also holds a state-issued cultivation, manufacturing, retailer, or microbusiness license.
(f)Holding a distributor transport only license shall not authorize a licensee to:
(1)Engage in the delivery of cannabis goods as defined in Business and Professions Code
section 26001(p);
(2)Engage in the wholesale, destruction, packaging, labeling, or storing of cannabis goods; or
(3)Arrange for the testing of cannabis goods by a testing laboratory.
(g)Notwithstanding subsection (e) of this section, a distributor transport only licensee who is
licensed to engage in self-distribution and whose licensed premises will be on the same property
as their licensed cultivation or manufacturing premises shall not be required to comply with the
security provisions contained in Article 5 of this division.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26012 and
26070, Business and Professions Code.
Chapter 3. RETAILERS
§ 5400. Access to Retailer Premises
(a)Access to the licensed premises of a retailer with only an A-designation shall be limited to
individuals who are at least 21 years of age.
(b)Access to a licensed premises with only an M-designation shall be limited to individuals who
are at least 18 years of age and have a valid physician’s recommendation for medicinal cannabis.
(c)Access to a licensed premises with both an A-designation and an M-designation may include
persons identified in subsections (a) and (b) of this section.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26070 and
26140, Business and Professions Code.
§ 5401. [reserved]
§ 5402. Customer Access to the Retail Area
(a) Individuals shall be granted access to the retail area to purchase cannabis goods only after the
licensed retailer or an employee of the licensed retailer has confirmed the individual’s age and
identity pursuant to section 5404 of this division.
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(b) The licensed retailer or at least one employee shall be physically present in the retail area at
all times when individuals who are not employees of the licensed retailer are in the retail area.
(c)All sales of cannabis goods, with the exception of cannabis goods sold through delivery, must
take place within the retail area of the retailer’s licensed premises.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26070 and
26140, Business and Professions Code.
§ 5403. Hours of Operation
A licensed retailer shall sell and deliver cannabis goods only between the hours of 6:00 a.m.
Pacific Time and 10:00 p.m. Pacific Time.
Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business
and Professions Code
§ 5403.1 Requirements While Not Open for Business
At any time the licensed premises is not open for retail sales, a licensed retailer shall ensure that:
(a) The licensed premises is securely locked with commercial-grade, nonresidential door locks as
defined in section 5046 of this division;
(b) The licensed premises is equipped with an active alarm system pursuant to section 5047 of
this division, which shall be activated when the licensed retailer or its employees are not on the
licensed premises; and
(c) Only employees of the licensee and other authorized individuals are allowed access to the
licensed premises. For the purposes of this section, authorized individuals include individuals
employed by the licensee as well as any outside vendors, contractors, or other individuals
conducting business that requires access to the licensed premises.
Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business
and Professions Code
§ 5404. Retail Customers
(a) A licensed retailer shall only sell adult-use cannabis goods to individuals who are at least 21
years of age after confirming the customer’s age and identity by inspecting a valid form of
identification provided by the customer as required by subsection (c) of this section.
(b) A licensed retailer shall only sell medicinal cannabis goods to individuals who are at least 18
years of age and possesses a valid physician’s recommendation after confirming the customer’s
age, identity, and physician’s recommendation as required by subsection (c) of this section.
(c)Acceptable forms of identification include the following:
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(1)A document issued by a federal, state, county, or municipal government, or a political
subdivision or agency thereof, including, but not limited to, a valid motor vehicle operator's
license, that contains the name, date of birth, height, gender, and photo of the person;
(2)A valid identification card issued to a member of the Armed Forces that includes the person’s
name, date of birth, and photo; or
(3)A valid passport issued by the United States or by a foreign government.
Authority: Section 26013, Business and Professions Code. Reference: Section 26140, Business
and Professions Code.
§ 5405. Cannabis Goods Display
(a)Cannabis goods for inspection and sale shall only be displayed in the retail area.
(b)Cannabis goods may be removed from their packaging and placed in containers to allow for
customer inspection. The containers shall not be readily accessible to customers without
assistance of retailer personnel. A container must be provided to the customer by the licensed
retailer or its employees, who shall remain with the customer at all times that the container is
being inspected by the customer.
(c)Cannabis goods removed from their packaging for display shall not be sold, shall not be
consumed, and shall be destroyed pursuant to section 5054 of this division when the cannabis
goods are no longer used for display.
Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business
and Professions Code
§ 5406. Cannabis Goods for Sale
A licensed retailer shall not make any cannabis goods available for sale or delivery to a customer
unless:
(a)The cannabis goods were received by the retail licensee from a licensed distributor or
licensed microbusiness;
(b) The licensed retailer has verified that the cannabis goods have not exceeded their expiration
or sell-by date if one is provided;
(c) In the case of manufactured cannabis products, the product complies with all requirements of
Business and Professions Code section 26130 and and California Code of Regulations, Title 3,
Division 8 and Title 17, Division 1, Chapter 13;
(d)The cannabis goods have undergone laboratory testing as required by the Act and Chapter 6
of this division;
(e)The packaging and labeling of the cannabis goods complies with Business and Professions
Code Section 26120 and all applicable regulations within this division as well as California Code
of Regulations, Title 3, Division 8 and Title 17, Division 1, Chapter 13; and
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(f)The cannabis goods comply with all applicable requirements found in the Act and applicable
regulations.
Authority: Section 26013, Business and Professions Code. Reference: Section 26070 and 26120,
Business and Professions Code.
§ 5407. Sale of Non-Cannabis Goods on Premises
In addition to cannabis goods, a licensed retailer may sell only cannabis accessories and any
licensee’s branded merchandise or promotional materials.
Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business
and Professions Code.
§ 5408. Sale of Live Plants and Seeds
(a) A licensed retailer shall only sell live, immature cannabis plants and cannabis seeds if all of
the following requirements are met:
(1)The plant is not flowering;
(2)The plant or seed originated from a nursery that holds a valid license from the Department of
Food and Agriculture or a licensed microbusiness; and
(3)A label is affixed to the plant or package containing any seeds which states “This product has
not been tested pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act.”
(b) A licensed retailer may not sell any other live plants.
(c) A licensed retailer shall not apply nor use any pesticide, nor cause any pesticide to be applied
nor used, on live plants.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26070 and
26100, Business and Professions Code
§ 5409. Daily Limits
(a) A licensed retailer shall not sell more than the following amounts to a single adult-use
cannabis customer in a single day:
(1)28.5 grams of non-concentrated cannabis.
(2)8 grams of concentrated cannabis as defined in Business and Professions Code section 26001,
including concentrated cannabis contained in cannabis products.
(3)6 immature cannabis plants.
(b) A licensed retailer shall not sell more than the following amounts to a single medicinal
cannabis patient, or to a patient’s primary caregiver purchasing medicinal cannabis on behalf of
the patient, in a single day:
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(1)8 ounces of medicinal cannabis in the form of dried mature flowers or the plant conversion as
provided in Health and Safety Code section 11362.77.
(2)12 immature cannabis plants.
(c)Notwithstanding subsection (b) of this section, if a medicinal cannabis patient’s valid
physician’s recommendation contains a different amount than the limits listed in this section, the
medicinal cannabis patient may purchase an amount of medicinal cannabis consistent with the
patient’s needs as recommended by a physician and documented in the physician’s
recommendation.
(d)The limits provided in subsection (a) and subsection (b) of this section shall not be combined
to allow a customer to purchase cannabis goods in excess of any of the limits provided in this
section.
Authority: Section 26013, Business and Professions Code. Reference: Section 26012, Business
and Professions Code; and Sections 11362.1 and 11362.77, Health and Safety Code.
§ 5410. Customer Return of Cannabis Goods
(a) For the purposes of this section, “customer return” means a customer’s return of cannabis
goods that were purchased from a licensed retailer, back to the licensed retailer the cannabis
goods were purchased from.
(b) A licensed retailer may accept customer returns of cannabis goods that were previously sold
to a customer.
(c) A licensed retailer shall not resell cannabis goods that have been returned.
(d) A licensed retailer shall treat any cannabis goods abandoned on the licensed retailer premises
as a customer return.
(e) A licensed retailer shall destroy all cannabis goods that have been returned to the licensed
retailer by a customer, in accordance with sections 5054 and 5055 of this division.
Authority: Section 26013, Business and Professions Code. Reference: Section 26011.5, 26012,
and 26070, Business and Professions Code
§ 5411. Free Cannabis Goods
(a) A licensed retailer shall not provide free cannabis goods to any person. A licensed retailer
shall not allow individuals who are not employed by the licensed retailer to provide free cannabis
goods to any person on the licensed premises.
(b)Notwithstanding subsection (a) of this section, in order to provide access to medicinal
cannabis patients who have difficulty accessing medicinal cannabis goods, a licensee who holds
an M-Retailer license, an M-Retailer Non-storefront license, or an M-Microbusiness license that
is authorized for retail sales may provide free medicinal cannabis goods if all of the following
criteria are met:
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(1)Free cannabis goods are provided only to a medicinal cannabis patient or primary caregiver
for the patient in possession identification card issued under Section 11362.71 of the Health and
Safety Code.
(2)The cannabis goods comply with all applicable laboratory testing requirements under this
division.
(3)Prior to being provided to the patient or primary caregiver, the cannabis goods have been
properly recorded in the track and trace system as belonging to the licensed retailer.
(4)The cannabis goods shall not leave the licensed premises unless placed in a resealable child-
resistant opaque package as required for purchased cannabis goods under Business and
Professions Code section 26070.1.
(5)The cannabis goods shall be applied toward the daily purchase limit for a medicinal cannabis
customer pursuant to section 5409 of this division.
(6)The event shall be properly recorded in the licensed retailer’s inventory records and the track
and trace system.
(c) In addition to the provision of free cannabis goods in subsection (b) of this section, a licensee
may donate cannabis goods and the use of equipment in compliance with any compassionate use,
equality, or other similar program administered by a local jurisdiction. The licensee shall ensure
that all cannabis goods provided pursuant to this subsection comply with subsections (b)(2) and
(b)(6) of this section.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26013, 26153
and 26160, Business and Professions Code.
§ 5412. Prohibition on Packaging and Labeling by a Retailer
(a) A licensed retailer shall not accept, possess, or sell cannabis goods that are not packaged as
they will be sold at final sale, in compliance with this division.
(b) A licensed retailer shall not package or label cannabis goods.
(c) A licensed retailer who also holds a distribution, manufacturing, or cultivation license may
package and label cannabis goods as allowed by the distribution, manufacturing, or cultivation
license at their licensed distribution, manufacturing, or cultivation premises.
Authority: Section 26013, Business and Professions Code. Reference: Section 26120, Business
and Professions Code
§ 5413. Exit Packaging
Cannabis goods purchased by a customer shall not leave the licensed retailer’s premises unless
the goods are placed in a resealable child-resistant opaque exit package.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26070.1 and
26120, Business and Professions Code.
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§ 5414. Non-Storefront Retailer
(a)A non-storefront retailer licensee shall be authorized to conduct retail cannabis sales
exclusively by delivery as defined in Business and Professions Code section 26001(p).
(b)A complete application for a non-storefront retailer license shall include all the information
required in an application for a retailer license.
(c) A Non-Storefront Retailer licensee shall comply with all the requirements applicable to
retailer licensees, except for those provisions related to public access to the licensed premises.
and the retail area.
(d)The licensed premises of a non-storefront retailer licensee shall be closed to the public.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26012 and
26070, Business and Professions Code.
§ 5415. Delivery Employees
(a)All deliveries of cannabis goods shall be performed by a delivery employee that is directly
employed by a licensed retailer.
(b)Each delivery employee of a licensed retailer shall be at least 21 years of age.
(c)All deliveries of cannabis goods shall be made in person. A delivery of cannabis goods shall
not be made through the use of an unmanned vehicle.
(d)The process of delivery begins when the delivery employee leaves the retailer’s licensed
premises with the cannabis goods for delivery. The process of delivering ends when the delivery
employee returns to the retailer’s licensed premises after delivering the cannabis goods to the
customer(s). During the process of delivery, the retailer’s delivery employee may not engage in
any activities except for cannabis goods delivery and necessary rest, fuel, or vehicle repair stops.
(e)A delivery employee of a licensed retailer shall, during deliveries, carry a copy of the
retailer’s current license, the employee’s government-issued identification, and an identification
badge provided by the employer pursuant to section 5043 of this division.
(f)Prior to providing cannabis goods to a delivery customer, a delivery employee shall confirm
the identity and age of the delivery customer as required by section 5404 of this division, and
place the cannabis goods in a resealable child-resistant opaque exit package.
(g) A licensed retailer shall maintain an accurate list of the retailer’s delivery employees and
shall provide the list to the Bureau upon request.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26070 and
26090, Business and Professions Code.
§ 5416. Delivery to a Physical Address
(a) A delivery employee may only deliver cannabis goods to a physical address in California.
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(b) A delivery employee shall not leave the State of California while possessing cannabis goods.
(c) A delivery employee shall not deliver cannabis goods to an address located on publicly
owned land or any address on land or in a building leased by a public agency. This prohibition
applies to land held in trust by the United States for a tribe or an individual tribal member unless
the delivery is authorized by and consistent with applicable tribal law.
(d)A delivery employee may deliver to any jurisdiction within the State of California.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26070 and
26090, Business and Professions Code.
§ 5417. Delivery Vehicle Requirements
(a)A retailer’s delivery employee, carrying cannabis goods for delivery, shall only travel in an
enclosed motor vehicle. Any vehicle used in the delivery of cannabis goods shall be operated by
a delivery employee of the licensee. Only the licensee or an employee of the retailer licensee for
whom delivery is being performed shall be in the delivery vehicle.
(b)While carrying cannabis goods for delivery, a retailer’s delivery employee shall ensure the
cannabis goods are not visible to the public. Cannabis goods shall be locked in a box, container,
or cage that is secured on the inside of the vehicle. For purposes of this section, the inside of the
vehicle includes the trunk.
(c)A retailer’s delivery employee shall not leave cannabis goods in an unattended motor vehicle
unless the motor vehicle is locked and equipped with an active vehicle alarm system.
(d)A vehicle used for the delivery of cannabis goods shall be outfitted with a dedicated Global
Positioning System (GPS) device for identifying the geographic location of the delivery vehicle.
A dedicated GPS device must be owned by the licensee and used for delivery only. The device
shall be either permanently or temporarily affixed to the delivery vehicle and shall remain active
and inside of the delivery vehicle at all times during delivery. At all times, the licensed retailer
shall be able to identify the geographic location of all delivery vehicles that are making
deliveries for the licensed retailer and shall provide that information to the Bureau upon request.
(e)Upon request, a licensed retailer shall provide the Bureau with information regarding any
motor vehicle used for the delivery of cannabis goods, including the vehicle’s make, model,
color, Vehicle Identification Number, license plate number and Department of Motor Vehicles
registration information.
(f)Any motor vehicle used by a licensed retailer to deliver cannabis goods is subject to
inspection by the Bureau. Vehicles used to deliver cannabis goods may be stopped and inspected
by the Bureau at any licensed premises or during delivery.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26070 and
26090, Business and Professions Code.
§ 5418. Cannabis Goods Carried During Delivery
(a)A retailer’s delivery employee shall not carry cannabis goods in the delivery vehicle in excess
of $10,000 at any time. The value of cannabis goods shall be determined using the current retail
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price of all cannabis goods carried by, or within the delivery vehicle of, the retailer’s delivery
employee.
(b)A delivery employee may only carry cannabis goods in the delivery vehicle and may only
perform deliveries for one licensed retailer at a time. A delivery employee must depart and return
to the same licensed premises before taking possession of any cannabis goods from another
licensee to perform deliveries.
(c)A retailer’s delivery employee shall not leave the licensed premises with cannabis goods
without at least one delivery order that has already been received and processed by the licensed
retailer.
(d)Before leaving the licensed premises, the retailer’s delivery driver must have a delivery
inventory ledger of all cannabis goods provided to the retailer’s delivery driver. For each
cannabis good, the delivery inventory ledger shall include the type of good, the brand, the retail
value, the track and trace identifier, and the weight, volume or other accurate measure of the
cannabis good. After each customer delivery, the delivery inventory ledger must be updated to
reflect the current inventory in possession of the retailer’s delivery driver.
(e)The retailer’s delivery driver shall maintain a log that includes all stops from the time the
retailer’s delivery driver leaves the licensed premises to the time that the retailer’s delivery driver
returns to the licensed premises, and the reason for each stop. The log shall be turned in to the
retailer when the retailer’s delivery driver returns to the licensed premises. The licensed retailer
must maintain the log as a commercial cannabis activity record as required by this division.
(f)Prior to arrival at any delivery location, the licensed retailer must have received a delivery
request from the customer and provided the delivery request receipt to the retailer’s delivery
driver electronically or in hard copy. The delivery request receipt provided to the retailer’s
delivery driver shall contain all of the information required in section 5420 of this division,
except for the date and time the delivery was made, and the signature of the customer.
(g) Immediately upon request by the Bureau or any law enforcement officer, the retailer’s
delivery driver shall provide:
(1)All delivery inventory ledgers from the time the retailer’s delivery driver left the licensed
premises up to the time of the request;
(2)All delivery request receipts for cannabis goods carried by the driver, in the delivery vehicle,
or any deliveries that have already been made to customers; and
(3)The log of all stops from the time the retailer’s delivery driver left the licensed premises up to
the time of the request.
(h) If a retailer’s delivery driver does not have any delivery requests to be performed for a 30-
minute period, the retailer’s delivery driver shall not make any additional deliveries and shall
return to the licensed premises. Required meal breaks shall not count toward the 30-minute
period.
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(i)Upon returning to the licensed premises, all undelivered cannabis goods shall be returned to
inventory and all necessary inventory and track-and-trace records shall be updated as appropriate
that same day.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26070 and
26090, Business and Professions Code.
§ 5419. Cannabis Consumption During Delivery
A retailer’s delivery employees shall not consume cannabis goods while delivering cannabis
goods to customers.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26070 and
26090, Business and Professions Code.
§ 5420. Delivery Request Receipt
A licensed retailer shall prepare a hard copy or electronic delivery request receipt for each
delivery of cannabis goods.
(a)The delivery request receipt shall contain the following:
(1)The name and address of the licensed retailer;
(2) The first name and employee number of the retailer’s delivery employee who delivered the
order;
(3)The first name and employee number of the retailer’s employee who prepared the order for
delivery;
(4)The first name of the customer and a retailer-assigned customer number for the person who
requested the delivery;
(5)The date and time the delivery request was made;
(6)The delivery address;
(7)A detailed description of all cannabis goods requested for delivery. The description shall
include the weight, volume, or any other accurate measure of the amount of all cannabis goods
requested;
(8)The total amount paid for the delivery, including any taxes or fees, the cost of the cannabis
goods, and any other charges related to the delivery; and
(9)Upon delivery, the date and time the delivery was made, and the handwritten or electronic
signature of the customer who received the delivery.
(b)At the time of the delivery, the delivery employee of the retailer shall provide the customer
who placed the order with a hard or electronic copy of the delivery request receipt. The delivery
employee shall retain a hard or electronic copy of the signed delivery request receipt for the
licensed retailer’s records.
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(c) For the purposes of this section, an employee number is a distinct number assigned by a
licensed retailer to their employees that would allow the licensed retailer to identify the
employee on documents or records using the employee number rather than the employee’s full
name. A licensed retailer shall be able to identify the employee associated with each employee
number upon request from the Bureau.
(d)For the purposes of this section, a customer number is a distinct number assigned by a
licensed retailer to a customer that would allow the licensed retailer to identify the customer in
documents or records using the customer number rather than the customer’s full name. A
licensed retailer shall be able to identify the customer associated with each customer number
upon request from the Bureau.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26070, 26090,
and 26160, Business and Professions Code.
§ 5421. Delivery Route
While making deliveries of cannabis goods, a retailer’s delivery employee shall only travel from
the retailer’s licensed premises to the delivery address; from one delivery address to another
delivery address; or from a delivery address back to the retailer’s licensed premises. A delivery
employee of a retailer shall not deviate from the delivery path described in this section, except
for necessary rest, fuel, or vehicle repair stops, or because road conditions make continued use of
the route unsafe, impossible, or impracticable.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26070 and
26090, Business and Professions Code.
§ 5422. Receiving Shipments of Inventory
(a) A licensed retailer shall receive a shipment of cannabis goods only from a licensed distributor
or licensed microbusiness.
(b) A licensed retailer shall accept shipments of cannabis goods only between the hours of 6:00
a.m.Pacific Time and 10:00 p.m. Pacific Time.
(c)During business hours, shipments of cannabis goods shall not enter the licensed premises
through an entrance or exit that is available for use by the public.
Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business
and Professions Code.
§ 5423. Inventory Documentation
A licensed retailer shall maintain an accurate record of its inventory. A licensed retailer shall
provide the Bureau with the record of inventory immediately upon request. A licensed retailer
shall keep a record of the following information for all cannabis goods the licensed retailer has in
its inventory:
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(a) A description of each item such that the cannabis goods can easily be identified;
(b)An accurate measurement of the quantity of the item;
(c)The date and time the cannabis goods were received by the licensed retailer;
(d)The sell-by or expiration date provided on the package of cannabis goods, if any;
(e)The name and license number of the licensed distributor or licensed microbusiness that
transported the cannabis goods to the licensed retailer; and
(f) The price the licensed retailer paid for the cannabis goods, including taxes, delivery costs, and
any other costs.
Authority: Section 26013, Business and Professions Code. Reference: Section 26160, Business
and Professions Code.
§ 5424. Inventory Reconciliation
(a) A licensed retailer shall perform a reconciliation of its inventory at least once every 14
calendar days.
(b) In conducting an inventory reconciliation, a licensed retailer shall verify that the licensed
retailer’s physical inventory is consistent with the licensed retailer’s records pertaining to
inventory.
(c)The result of inventory reconciliation shall be retained in the licensed retailer’s records and
shall be made available to the Bureau upon request.
(d) If a licensed retailer identifies any evidence of theft, diversion, or loss, the licensed retailer
shall notify the Bureau and law enforcement pursuant to section 5036 of this division.
(e) If a significant discrepancy as defined in section 5034 of this division is discovered between a
licensed retailer’s physical inventory and the licensed retailer’s inventory records, the licensed
retailer shall notify the Bureau and law enforcement pursuant to section 5036 of this division.
Authority: Section 26013, Business and Professions Code. Reference: Section 26160, Business
and Professions Code.
§ 5425. Record of Sales
(a) A licensed retailer shall maintain an accurate record of sale for every sale made to a
customer.
(b)A record of cannabis goods sold to a customer shall contain the following information:
(1)The first name and employee number of the retailer employee who processed the sale;
(2)The first name and the retailer-assigned customer number for the customer who made the
purchase;
(3)The date and time of the transaction;
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(4)A list of all the cannabis goods purchased, including the quantity purchased; and
(5)The total amount paid for the sale including the individual prices paid for each cannabis good
purchased and any amounts paid for taxes.
(c) For the purposes of this section, an employee number is a distinct number assigned by a
licensed retailer to their employees that would allow the licensed retailer to identify the
employee on documents or records using the employee number rather than the employee’s full
name. A licensed retailer shall be able to identify the employee associated with each employee
number upon request from the Bureau.
(d)For the purposes of this section, a customer number is a distinct number assigned by a
licensed retailer to a customer that would allow the licensed retailer to identify the customer in
documents or records using the customer number rather than the customer’s full name. A
licensed retailer shall be able to identify the customer associated with each customer number
upon request from the Bureau.
Authority: Section 26013, Business and Professions Code. Reference: Section 26160, Business
and Professions Code.
§ 5426. Records
All licensed retailer-specific records in this chapter shall be maintained in accordance with
section 5037 of this division.
Authority: Section 26013, Business and Professions Code. Reference: Section 26160, Business
and Professions Code.
§ 5427. Retailer Premises to Retailer Premises Transfer
(a)A licensee who holds multiple retail licenses may arrange for the transfer of cannabis goods
from one licensed retail premises to another licensed retail premises if both retail licenses are
held under the same ownership.
(b)Cannabis goods transferred to a licensed retail premises under subsection (a) of this section
may be sold by the licensed retailer receiving the cannabis goods only if the cannabis goods
comply with all requirements found in the Act and this division.
(c)The transportation of cannabis goods under this section must comply with all requirements
found within the Act and this division.
(d)Any movement of cannabis goods under this section shall be properly entered into the state
track and trace system.
Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business
and Professions Code.
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Chapter 4. MICROBUSINESS
§ 5500. Microbusiness
(a) In order to hold a microbusiness license, a licensee must engage in at least three (3) of the
following commercial cannabis activities: cultivation, manufacturing, distribution, and retail
sale. License types created by the California Department of Food and Agriculture or the State
Department of Public Health in regulation shall not be considered qualifying commercial
cannabis activities for purposes of obtaining a microbusiness license.
(b)An applicant for a microbusiness license shall indicate on the application for licensure which
commercial cannabis activities the applicant intends to engage in.
(c)An application for a microbusiness license shall include:
(1)For an application indicating that the applicant intends to engage in cultivation under the
microbusiness license all the required information under sections 5002, 5501, 5502 and 5503 of
this division.
(2)For an application indicating that the applicant intends to engage in manufacturing under the
microbusiness license all the required information under sections 5002 and 5504 of this division.
(3)For an application indicating that the applicant intends to engage in distribution under the
microbusiness license all the required information for an application seeking a distributor
license.
(4)For an application indicating that the applicant intends to engage in distribution, transport-
only under the microbusiness license, all the required information for an application seeking a
distributor, transport-only license.
(5)For an application indicating that the applicant intends to engage in retail sale under the
microbusiness license, all the required information for an application seeking a retailer license.
(6)For an application indicating that the applicant intends to engage in non-storefront retail sale
under the microbusiness license, all the required information for an application seeking a non-
storefront retailer license.
(d)All cultivation, manufacturing, distribution, and retail activities performed by a licensee
under a microbusiness license shall occur on the same licensed premises.
(e) A holder of a microbusiness license shall comply with the following:
(1) A holder of a microbusiness license engaged in cultivation shall comply with all the rules and
requirements applicable to the cultivation license type suitable for the cultivation activities of the
licensee.
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(2) A holder of a microbusiness license engaged in manufacturing shall comply with all the rules
and requirements applicable to a Manufacturer 1 license in Division 1 of Title 17 of the
California Code of Regulations.
(3) A holder of a microbusiness license engaged in distribution shall comply with all the rules
and requirements applicable to a distributor license in this division.
(4) A holder of a microbusiness license engaged in retail sale shall comply with all the rules and
requirements applicable to a retailer license, or a non-storefront retailer license if retail sales are
conducted by delivery only in this division.
(f) A holder of a microbusiness license may only engage in the commercial cannabis activity
requested in the license application and approved by the Bureau at the time the license is issued.
If the holder of a microbusiness license wants to engage in an additional commercial cannabis
activity after the license is issued, the licensee shall submit a request for a modification of the
licensed premises pursuant to section 5027 of this division.
(g) A holder of a microbusiness license shall comply with all the security rules and requirements
applicable to the corresponding license type suitable for the activities of the licensee.
(h) Areas of the licensed premises for manufacturing and cultivation shall be separated from the
distribution and retail areas by a wall and all doors between the areas shall remain closed when
not in use.
(i)A suspension or revocation of a microbusiness licensee shall affect all commercial cannabis
activities allowed pursuant to that license.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26012 and
26070, Business and Professions Code.
§ 5501. Microbusiness Applications Including Cultivation Activities
In addition to the information required in section 5002 of this division, an application for a
microbusiness license to engage in cultivation shall include the following:
(a)Evidence of enrollment with the applicable Regional Water Quality Control Board or State
Water Resources Control Board for water quality protection programs or written verification
from the appropriate Board that enrollment is not necessary.
(b)Evidence that the applicant has conducted a hazardous materials record search of the
EnviroStor database for the proposed premises. If hazardous sites were encountered, the
applicant shall provide documentation of protocols implemented to protect employee health and
safety.
(c) For indoor and mixed-light cultivation, identification of all power sources for cultivation
activities, including, but not limited to: illumination, heating, cooling, and ventilation.
(d)A premises diagram pursuant to section 5006 of this division that shall also include:
(1)All roads and water crossings on the property.
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(2) If the applicant is proposing to use a diversion from a waterbody, groundwater well, or rain
catchment system as a water source for cultivation, the following locations on the property
diagram with locations also provided as coordinates in either latitude and longitude or the
California Coordinate System:
(A) Sources of water used, including the location of waterbody diversion(s), pump location(s),
and distribution system; and
(B) Location, type, and capacity of each storage unit to be used for cultivation.
(e)A proposed cultivation plan pursuant to section 5502 of this division.
(f) Identification of all water sources used for cultivation activities and the applicable
supplemental information for each source as required by section 5503 of this division:
(1)A retail water supplier;
(2)A groundwater well;
(3) A rainwater catchment system; or
(4)A diversion from a surface waterbody or an underground stream flowing in a known and
definite channel.
(g)A copy of any final lake or streambed alteration agreement issued by the California
Department of Fish and Wildlife, pursuant to Fish and Game Code sections 1602 and 1617, or
written verification from the California Department of Fish and Wildlife that a lake and
streambed alteration agreement is not required.
(h)An attestation that the applicant entity is an "agricultural employer" as defined by the
Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975; Division 2, Part
3.5 (commencing with Section 1140) of the Labor Code.
(i)An attestation that the local fire department has been notified of the cultivation site if the
applicant entity is an indoor license type.
(j)An acknowledgement that the applicant understands that the information provided in the
application that is relevant to the cultivation operation may be shared with the Department of
Food and Agriculture for purposes of evaluating the applicant’s qualifications for licensure. If
the Department of Food and Agriculture corresponds directly with the applicant on matters
related to the application, the applicant shall agree to cooperate. The applicant shall further agree
that the Department of Food and Agriculture may conduct inspections on the areas of the
premises related to their respective oversight authority.
(k) If applicable, a detailed description of any fines or penalties for cultivation or production of a
controlled substance on public or private land pursuant to Fish and Game Code section 12025 or
12025.1 against the applicant or a business entity in which the applicant was an owner or officer
within 3 years preceding the date of application.
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Authority: Section 26013, Business and Professions Code. Reference: Sections 26012, 26050,
26051.5 and 26070, Business and Professions Code.
§ 5502. Cultivation Plan Requirements
A cultivation plan shall include all of the following:
(a) A detailed premises diagram showing all cultivation activity areas, boundaries, and dimensions
in feet. The total area of the following cultivation activity areas shall be less than 10,000 square
feet as provided in Business and Professions Code section 26070.
(1)Canopy area(s) (which shall contain mature plants, at any point in time), including aggregate
square footage if the canopy areas are noncontiguous;
(2)Area(s) outside of the canopy where only immature plants shall be maintained, if applicable;
(3) Designated pesticide and other agricultural chemical storage area(s);
(4)Designated processing area(s) if the licensee will process on site;
(5)Designated packaging area(s) if the licensee will package products on site;
(6)Designated composting area(s) if the licensee will compost plant or cannabis waste on site;
(7)Designated secured area(s) for cannabis waste if different than subsection (a)(6) of this
section;
(8)Designated area(s) for harvested cannabis storage;
(9) Designated research and development area(s) which may contain mature plants for nursery
only;
(10) Designated seed production area(s) which may contain mature plants for nursery only; and
(b)For purposes of subsection(a)(1) in this section, canopy shall be calculated in square feet and
measured using clearly identifiable boundaries of all areas(s) that will contain mature plants at
any point in time, including all of the space(s) within the boundaries. Canopy may be
noncontiguous, but each unique area included in the total canopy calculation shall be separated
by an identifiable boundary which include, but are not limited to: interior walls, shelves,
greenhouse walls, hoop house walls, garden benches, hedgerows, fencing, garden beds, or garden
plots. If mature plants are being cultivated using a shelving system, the surface area of each level
shall be included in the total canopy calculation.
(c) For indoor and mixed-light cultivation, a lighting diagram with the following information
shall be included:
(1) Location of all lights in the canopy area(s); and
(2)Maximum wattage, or wattage equivalent, of each light.
(d)A pest management plan which shall include, but not be limited to, the following:
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(1)Product name and active ingredient(s) of all pesticides to be applied to cannabis during any
stage of plant growth; and
(2) Integrated pest management protocols including chemical, biological and cultural methods
the applicant anticipates using to control or prevent the introduction of pests on the cultivation
site.
(e)Cannabis waste procedures meeting the requirements of section 5002(c)(29)(E) of this
division.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26050, 26051.5
and 26070, Business and Professions Code.
§ 5503. Supplemental Water Source Information
The following information shall be provided for each water source identified by the applicant:
(a)Retail water supply sources:
(1) If the water source is a retail water supplier, as defined in Water Code section 13575,
identify the retail water supplier.
(2) If the water source is a small retail water supplier, such as a delivery service, and is subject
to Business and Professions Code section 26060.1(a)(1)(B):
(A) If the retail water supplier contract is for delivery or pickup of water from a surface water
body or an underground stream flowing in a known and definite channel, provide all of the
following:
(i)The name of the retail water supplier under the contract;
(ii)The geographic location coordinates in either latitude and longitude or the California
Coordinate System of any point of diversion used by the retail water supplier to divert water
delivered to the applicant under the contract;
(iii)The authorized place of use of any water right used by the retail water supplier to divert
water delivered to the applicant under the contract; and
(iv)The maximum amount of water delivered to the applicant for cannabis cultivation in any
year.
(B) If the retail water supplier contract is for delivery or pickup of water from a groundwater
well, provide all of the following:
(i)The name of the retail water supplier;
(ii)The geographic location coordinates for any groundwater well used to supply water delivered
to the applicant, in either latitude and longitude or the California Coordinate System;
(iii)The maximum amount of water delivered to the applicant for cannabis cultivation in any
year; and
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(iv)A copy of the well log filed with the Department of Water Resources pursuant to Water
Code section 13751 for each percolating groundwater well used to divert water delivered to the
applicant. If no well log is available, the applicant shall provide evidence from the Department of
Water Resources indicating that the Department of Water Resources does not have a record of
the well log. When no well log is available, the State Water Resources Control Board may
request additional information about the well.
(b) If the water source is a groundwater well:
(1)The groundwater well’s geographic location coordinates in either latitude and longitude or
the California Coordinate System; and
(2)A copy of the well log filed with the Department of Water Resources pursuant to Water Code
section 13751. If no well log is available, the applicant shall provide evidence from the
Department of Water Resources indicating that the Department of Water Resources does not
have a record of the well log. If no well log is available, the State Water Resources Control
Board may request additional information about the well.
(c) If the water source is a rainwater catchment system:
(1)The total square footage of the catchment footprint area(s);
(2)The total storage capacity, in gallons, of the catchment system(s); and
(3)A detailed description of the type, nature, and location of each catchment surface. Examples
of catchment surfaces include a rooftop and greenhouse.
(d) If the water source is a diversion from a waterbody, provide any applicable statement,
application, permit, license, or small irrigation use registration identification number(s); and
either:
(1)A copy of any applicable registrations, permits, or licenses or proof of a pending application,
issued under Part 2 (commencing with Section 1200) of Division 2 of the Water Code as
evidence of approval of a water diversion by the State Water Resources Control Board;
(2) A copy of any statements of diversion and use filed with the State Water Resources Control
Board before October 31, 2017, detailing the water diversion and use; or
(3)A copy of documentation submitted to the State Water Resources Control Board before
October 31, 2017, demonstrating that the diversion is authorized under a riparian right and that
no diversion occurred in any calendar year between January 1, 2010, and January 1, 2017.
(4) If the applicant has claimed an exception from the requirement to file a statement of diversion
and use, pursuant to Water Code section 5101 the applicant shall provide a copy of the
documentation submitted to the State Water Resources Control Board before January 1, 2019,
demonstrating that the diversion is subject to Water Code section 5101, subdivision (a), (c), (d),
or (e).
Authority: Section 26013, Business and Professions Code. Reference: Sections 26050, 26051.5
and 26070, Business and Professions Code; and Section 13149, Water Code.
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§ 5504. License Issuance in an Impacted Watershed
If the State Water Resources Control Board or the Department of Fish and Wildlife finds, based
on substantial evidence, that a microbusiness’ cannabis cultivation is causing significant adverse
impacts on the environment in a watershed or other geographic area, the Bureau shall not issue
new microbusiness licenses that include cultivation activities or increase the total number of
plant identifiers within that watershed or area.
Authority: Section 26013, Business and Professions Code. Reference: Section 26011.5, 26055,
26070, Business and Professions Code.
§ 5505. Cultivation Records for Licensees Engaging in Cultivation Activities
In addition to the records required by section 5037 of this division, a microbusiness engaging in
cultivation activities shall maintain the following records:
(a)Cultivation plan(s);
(b)All records evidencing compliance with the environmental protection measures required in
sections 5501, 5502, 5503, and 5504 of this division; and
(c) All unique identifiers (UID) assigned to product in inventory and all unassigned UIDs. UIDs
associated with product that has been retired from the track and trace system must be retained for
six (6) months after the date the tags were retired.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26069, 26160
and 26161, Business and Professions Code.
§ 5506 Microbusiness Applications Including Manufacturing Activities
In addition to the information required in section 5002 of this division, an application for a
microbusiness license that engages or will engage in manufacturing, shall include the following:
(a)The type of activity conducted at the premises (extraction, infusion, packaging, and/or
labeling);
(b)The types of products that will be manufactured, packaged, or labeled;
(c)The name, title and phone number of the on-site individual who manages the operation of the
premises;
(d)The name, title and phone number of an alternate contact person for the premises;
(e)The number of employees at the premises;
(f) The following information:
(1)A description of inventory control procedures sufficient to demonstrate how the applicant
will comply with the requirements of Section 40282 of Title 17 of the California Code of
Regulations, or a copy of the standard operating procedure addressing inventory control;
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(2)A description of quality control procedures sufficient to demonstrate how the applicant will
comply with all of the applicable requirements specified in Sections 40232-40268 of Title 17 of
the California Code of Regulations or a copy of the standard operating procedure addressing
quality control;
(3)A description of security procedures sufficient to demonstrate how the applicant will comply
with the requirements of Section 40200 of Title 17 of the California Code of Regulations, or a
copy of the standard operating procedure addressing security procedures;
(4)A description of the waste disposal procedures sufficient to demonstrate how the applicant
will comply with the requirements of Section 40290 of Title 17 of the California Code of
Regulations, or a copy of the standard operating procedure addressing waste management.
(g)Any manufacturer submitting operating procedures and protocols to the Department pursuant
to the Act and this chapter may claim such information as a trade secret or confidential by clearly
identifying such information as “confidential” on the document at the time of submission. Any
claim of confidentiality by a manufacturer must be based on the manufacturer’s good faith belief
that the information marked as confidential constitutes a trade secret as defined in Civil Code
section 3426.1(d) or is otherwise exempt from public disclosure under the California Public
Records Act in Government Code section 6250 et seq.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26012, 26050,
26051.5, 26055, and 26070, Business and Professions Code.
§ 5507 Microbusiness Records for Licensees Engaging in Manufacturing Activities
In addition to the records required by section 5037 of this division, a microbusiness engaging in
manufacturing activities shall maintain the following records:
(a)Records related to quality of raw materials and ingredients, per section 40252 of Title 17 of
the California Code of Regulations.
(b)Records related to manufacturing operations, per section 40254 of Title 17 of the California
Code of Regulations.
(c)Records related to written hazard analysis, per section 40256 of Title 17 of the California
Code of Regulations.
(d) Records related to preventative controls, per section 40258 of Title 17 of the California Code
of Regulations.
(e)Records related to the master manufacturing protocol, per section 40262 of Title 17 of the
California Code of Regulations.
(f) Batch production record, per section 40264 of Title 17 of the California Code of Regulations.
(g)Records related to product complaints, per section 40266 of Title 17 of the California Code
of Regulations.
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(h)Records related to recalls, per section 40268 of Title 17 of the California Code of
Regulations.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26160, Business
and Professions Code.
Chapter 5. CANNABIS EVENTS
§ 5600. Cannabis Event Organizer License
(a)To obtain a temporary cannabis event license, the event organizer must first apply for and
obtain a cannabis event organizer license.
(b)Cannabis event organizers licensed under this section shall comply with chapter 1 of this
division except for sections 5001-5002, 5006-5008, 5010, 5016, 5019, 5025-5029, 5032-5034,
and 5042-5044, and 5046-5055.
(c)A cannabis event organizer licensee is not authorized or licensed to cultivate, distribute,
manufacture, or retail cannabis or cannabis products without first obtaining the appropriate
licenses or authorizations to engage in such commercial cannabis activities.
(d)A cannabis event organizer shall comply with the records retention provisions of section
5037 of this division. Records shall be kept by the cannabis event organizer in a manner that
allows the records to be produced for the Bureau in either hard copy or electronic form,
whichever the Bureau requests. Failure to produce records upon the Bureau’s request may result
in disciplinary action against the cannabis event organizer license and/or denial of a temporary
cannabis event license.
(e)Cannabis event organizer applications may be completed online at www.bcc.ca.gov or by
delivering a printed copy to the Bureau’s office(s).
(f)Applicants who submit their applications online shall first register for a user account as
provided by section 5002(b) of this division.
(g)An application must be completed by an owner as defined by Business and Professions Code
section 26001(al). An application for cannabis event organizer licensure includes the following:
(1)The name of the applicant. For applicants who are individuals, the applicant shall provide
both the first and last name of the individual. For applicants who are business entities, the
applicant shall provide the legal business name of the applicant.
(2) If applicable, the business trade name (“DBA”) of the applicant.
(3)Payment of an application fee pursuant to section 5014 of this division.
(4)Whether the owner is serving or has previously served in the military. Disclosure of military
service is voluntary. An applicant who has served as an active duty member of the Armed Forces
of the United States and was honorably discharged and who can provide evidence of such
honorable discharge shall have his or her application expedited pursuant to Business and
Professions Code section 115.4.
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(5)A list of the license types and the license numbers issued from the Bureau and all other state
cannabis licensing authorities that the applicant holds, including the date the license was issued
and the licensing authority that issued the license.
(6)Whether the applicant has been denied a license or has had a license suspended or revoked by
the Bureau or any other state cannabis licensing authority. The applicant shall provide the type of
license applied for, the name of the licensing authority that denied the application, and the date
of denial.
(7)The mailing address for the applicant.
(8)The telephone number for the applicant.
(9)The website address of the applicant’s business, if applicable.
(10)The email address for the applicant’s business.
(11)Contact information for the applicant’s designated primary contact person including the
name, title, phone number, and email address of the individual.
(12)The federal employer identification number for the applicant’s business.
(13)A description of the business organizational structure of the applicant, such as partnership or
corporation.
(14)The business-formation documents, which may include, but are not limited to, articles of
incorporation, operating agreements, partnership agreements, and fictitious business name
statements. The applicant shall also provide all documents filed with the California Secretary of
State, which may include, but are not limited to, articles of incorporation, certificates of stock,
articles of organization, certificates of limited partnership, and statements of partnership
authority. If the commercial cannabis business is held in trust, the applicant shall provide a copy
of the trust.
(15)A list of every fictitious business name the applicant is operating under including the
address where the business is located.
(16)An applicant that is a foreign corporation shall include in its application the certificate of
qualification issued by the California Secretary of State under Corporations Code section 2105.
(17)The applicant shall supply the following financial information:
(A)A list of funds belonging to the applicant’s cannabis event organizing business held in
savings, checking, or other accounts maintained by a financial institution. The applicant shall
provide, for each account, the financial institution’s name, the financial institution’s address,
account type, account number, and the amount of money in the account.
(B) A list of loans made to the applicant for its use in cannabis event organizing activities. For
each loan, the applicant shall provide the amount of the loan, the date of the loan, term(s) of the
loan, security provided for the loan, and the name, address, and phone number of the lender.
(C) A list of investments made into the applicant’s cannabis event organizing activities. For each
investment, the applicant shall provide the amount of the investment, the date of the investment,
term(s) of the investment, and the name, address, and phone number of the investor.
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(D)A list of all gifts of any kind given to the applicant for its use in cannabis event organizing
activities. For each gift, the applicant shall provide the value of the gift or description of the gift,
and the name, address, and phone number of the provider of the gift.
(18)A complete list of every individual that has a financial interest in the cannabis event
organizing business as defined in section 5004 of this division, who is not an owner as defined in
Business and Professions Code section 26001(al).
(19)A complete list of every owner of the applicant as defined in Business and Professions Code
section 26001(al). Each individual named on this list shall submit the following information:
(A)The full name of the owner.
(B) The owner’s title within the applicant entity.
(C)The owner’s date of birth and place of birth.
(D)The owner’s social security number or individual taxpayer identification number.
(E)The owner’s mailing address.
(F)The owner’s telephone number. This may include a number for the owner’s home, business,
or mobile telephone.
(G)The owner’s email address.
(H)The owner’s current employer.
(I)The percentage of the ownership interest held in the applicant entity by the owner.
(J)Whether the owner has an ownership or a financial interest as defined in sections 5003 and
5004, respectively, of this division in any other commercial cannabis business licensed under the
Act.
(K)A copy of the owner’s government-issued identification. Acceptable forms of identification
are a document issued by a federal, state, county, or municipal government that includes the
name, date of birth, height, gender, and picture of the person, such as a driver license.
(L)A detailed description of the owner’s convictions. A conviction within the meaning of this
section means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
Convictions dismissed under Penal Code section 1203.4 or equivalent non-California law must
be disclosed. Convictions dismissed under Health and Safety Code section 11361.8 or equivalent
non-California law must be disclosed. Juvenile adjudications and traffic infractions under $300
that did not involve alcohol, dangerous drugs, or controlled substances do not need to be
included. For each conviction, the owner shall provide the following:
(i)The date of conviction.
(ii)Dates of incarceration, if applicable.
(iii)Dates of probation, if applicable.
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(iv)Dates of parole, if applicable.
(v)A detailed description of the offense for which the owner was convicted.
(vi)A statement of rehabilitation for each conviction. The statement of rehabilitation is to be
written by the owner and may contain evidence that the owner would like the Bureau to consider
that demonstrates the owner’s fitness for licensure. Supporting evidence may be attached to the
statement of rehabilitation and may include, but is not limited to, a certificate of rehabilitation
under Penal Code section 4852.01, and dated letters of reference from employers, instructors, or
professional counselors that contain valid contact information for the individual providing the
reference.
(M) If applicable, a detailed description of any administrative orders or civil judgements for
violations of labor standards, any suspension of a commercial cannabis license, revocation of a
commercial cannabis license, or sanctions for unlicensed commercial cannabis activity by a
licensing authority, local agency, or state agency against the applicant or a business entity in
which the applicant was an owner or officer within the three years immediately preceding the
date of the application.
(N)Attestation to the following statement: Under penalty of perjury, I hereby declare that the
information contained within and submitted with the application is complete, true, and accurate. I
understand that a misrepresentation of fact is cause for rejection of this application, denial of the
license, or revocation of a license issued.
(20)For an applicant with 20 or more employees, the applicant shall attest that the applicant has
entered into a labor peace agreement and will abide by the terms of the agreement. The applicant
shall submit a copy of the page of the labor peace agreement that contains signatures of the union
representative and the applicant. For applicants who have not yet entered into a labor peace
agreement, the applicant shall provide a notarized statement indicating the applicant will enter
into and abide by the terms of a labor peace agreement as soon as reasonably practicable after
licensure.
(21) The limited waiver of sovereign immunity required by section 5009 of this division, if
applicable.
Authority: Sections 115.4 and 26013, Business and Professions Code. Reference: Sections 115.4,
144, 26012, and 26200, Business and Professions Code.
§ 5601. Temporary Cannabis Event License
(a)A temporary cannabis event license authorizes a licensed cannabis event organizer to hold a
temporary cannabis event where the onsite sale and consumption of cannabis goods is authorized
at the location indicated on the license during the dates indicated on the license.
(b)A temporary cannabis event license shall only be issued to a person who holds a cannabis
event organizer license issued by the Bureau.
(c)Violations of the requirements applicable to temporary cannabis events may result in
disciplinary action against the cannabis event organizer license or any other licenses held by a
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licensee participating in the temporary cannabis event and responsible for the violation under
Business and Professions Code section 26070.5.
(d)A temporary cannabis event license shall only be issued for a single day or up to 4
consecutive days. No temporary cannabis event license will be issued for more than 4 days.
(e)An application for a temporary cannabis event license shall be submitted to the Bureau no
less than 60 days before the first day of the temporary cannabis event.
(f)A temporary cannabis event may only be held on the grounds of a county fair or district
agricultural association. Temporary cannabis events are not required to take place on the same
dates as the county fairs or district agricultural association events at these locations.
(g)A temporary cannabis event license shall not be issued for a premises that is licensed for the
sale of alcohol or tobacco.
(h)An application for a temporary cannabis event license shall include the following:
(1)The name of the applicant. For applicants who are individuals, the applicant shall provide
both the first and last name of the individual. For applicants who are business entities, the
applicant shall provide the legal business name of the applicant.
(2)The license number for each state cannabis license held by the applicant.
(3)The address of the location where the temporary cannabis event will be held.
(4)The name of the temporary cannabis event.
(5)A diagram of the physical layout of the temporary cannabis event. The diagram shall clearly
indicate where the temporary cannabis event will be taking place on the location grounds, all
entrances and exits that will be used by participants during the event, all cannabis consumption
areas, and all retail areas where cannabis goods will be sold. The hours during which cannabis
goods will be sold shall be noted on the diagram. The diagram shall also clearly indicate the area
where cannabis waste will be stored, all areas where cannabis goods will be stored, and the
specific location of each cannabis licensee who will be participating in the event. Each cannabis
licensee participating in the event shall be identified with an assigned temporary cannabis event
location number. The diagram shall not contain highlighting and the markings on the diagram
shall be in black-and-white print.
(6)The dates and hours of operation for which the temporary cannabis event license is being
sought. A temporary event license is required for any date in which the applicant engages in
onsite cannabis sales or allows onsite cannabis consumption.
(7)Contact information for the applicant’s designated primary contact person regarding the
temporary event license, including the name, title, address, phone number, and email address of
the individual.
(8)Contact information for a designated contact person(s) who shall be onsite at the event and
reachable by telephone at all times that the event is occurring.
(9)A cannabis waste management plan in accordance with section 5002(c)(29)(E) of this
division.
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(10) Written approval from the local jurisdiction authorizing the applicant to engage in onsite
cannabis sales to, and onsite consumption by, persons 21 years of age or older at the temporary
cannabis event.
(11)A list of all licensees and employees that will be providing onsite sales of cannabis goods at
the temporary cannabis event.
(12)Attestation to the following statement: Under penalty of perjury, I hereby declare that the
information contained within and submitted with the application is complete, true, and accurate. I
understand that a misrepresentation of fact is cause for rejection of this application, denial of the
license, or revocation of a license issued.
(i) If the list of licensees and employees participating in the temporary cannabis event changes
after the application is submitted or after the license is issued, the applicant shall submit an
updated list and an updated diagram, as required in subsection (f)(5) of this section, to the
Bureau no less than 72 hours before the event. Licensees not on the list submitted to the Bureau
shall not participate in the temporary cannabis event.
(j)The event organizer shall hire or contract for security personnel to provide security services at
the licensed temporary cannabis event. All security personnel hired or contracted for by the
licensee shall be at least 21 years of age, licensed by the Bureau of Security and Investigative
Services, and comply with Chapters 11.4 and 11.5 of Division 3 of the Business and Professions
Code. Security personnel shall be present on the licensed premises at all times cannabis goods
are available for sale and/or cannabis consumption is allowed on the licensed premises.
(k)A cannabis event organizer shall maintain a clearly legible sign, not less than 7” x 11” in size
reading, “No Persons Under 21 Allowed” at or near each public entrance to any area where the
sale or consumption of cannabis goods is allowed. The lettering of the sign shall be no less than
1 inch in height.
(l)All cannabis waste generated at a temporary cannabis event shall be collected and disposed of
in accordance with the requirements of sections 5054 and 5055 of this division. The cannabis
event organizer may contract or arrange for the collection and disposal of cannabis waste
generated during the temporary cannabis event.
(m)A cannabis event organizer and all other licensees participating in a temporary cannabis
event are required to comply with section 5037 of this division and all other applicable
requirements in the Act and this division pertaining to record keeping.
Authority: Section 26013, Business and Professions Code. Reference: Section 26012 and 26200,
Business and Professions Code.
§ 5602. Temporary Cannabis Event Sales
(a)Only persons age 21 or older may purchase and consume cannabis goods at a temporary
cannabis event. Prior to selling cannabis goods to a customer, the licensee making the sale shall
confirm, using valid identification as specified in section 5404 of this division, the age and
identity of the customer.
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(b)All sales of cannabis goods at a temporary cannabis event must occur in a retail area as
designated in the premises diagram pursuant to section 5601(h)(5) of this division.
(c)Each sale at a temporary cannabis event shall be performed by a licensed retailer or licensed
microbusiness. The cannabis event organizer may also sell cannabis goods at the temporary
cannabis event if the organizer separately holds a license authorizing the retail sale of cannabis
goods.
(1) Licensed retailers or licensed microbusinesses shall only conduct sales activities within their
specifically assigned area, identified in the diagram of the physical layout of the temporary
cannabis event.
(2)Mobile sales activities via wagon, cart, or similar means are prohibited at the temporary
cannabis event site.
(d) Licensed retailers or licensed microbusinesses must prominently display their temporary
cannabis event location number and state license within plain sight of the public.
(e)All sales at a temporary cannabis event shall occur on the dates stated on the license and shall
occur at the location stated on the license. All onsite sales of cannabis goods must comply with
the hours of operation requirements of section 5403 of this division.
(f)Sale of alcohol or tobacco shall not be allowed on the licensed temporary cannabis event
premises.
(g)The cannabis goods sold onsite at a temporary cannabis event shall be transported by a
licensed distributor or licensed microbusiness in compliance with the Act and this division. All
shipments of cannabis and non-cannabis goods intended for sale at a temporary cannabis event
must be checked by the temporary cannabis event organizer staff to prevent prohibited items,
such as alcohol and tobacco, from entering the licensed premises.
(h)Except small amounts of cannabis goods used for display, all cannabis goods for sale at a
temporary cannabis event shall be stored in a secure, locked container that is not accessible to the
public. Cannabis goods being stored by a licensee at a temporary cannabis event shall not be left
unattended. Licensees may share the secure, locked container; however, each licensee using the
container shall be held responsible for any violations of this section and subject to disciplinary
action.
(i)All cannabis goods at a cannabis event shall comply with all requirements cannabis goods for
retail sale within the Act and section 5406 of this division.
(j)All cannabis goods at a temporary cannabis event shall comply with all track and trace
requirements within the Act and this division.
(k)All cannabis goods used for display at a temporary cannabis event shall comply with the
requirements of section 5405 of this division.
(l)All cannabis goods sold at a temporary cannabis event shall be placed in an exit package
pursuant to section 5413 of this division.
(m)All customer returns of cannabis goods at a temporary cannabis event shall comply with
section 5410 of this division.
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(n)The daily sales limits under section 5409 of this division apply to all sales made at a
temporary cannabis event.
(o) A licensed retailer shall only provide free cannabis goods to a person at a temporary cannabis
event if the licensed retailer complies with all requirements of section 5411 of this division.
(p)The cannabis event organizer shall be responsible for ensuring that all rules and requirements
for the onsite sale of cannabis goods are followed.
(q)Any compensation paid from a licensed retailer to a cannabis event organizer for
participation in a temporary cannabis event shall not be determined based on, or be contingent
on, the sale of cannabis goods.
Authority: Section 26013, Business and Professions Code. Reference: Section 26070 and 26200,
Business and Professions Code.
§ 5603. Temporary Cannabis Event Consumption
(a)Access to the area where cannabis consumption is allowed shall be restricted to persons 21
years of age or older.
(b)The event organizer licensee shall ensure that cannabis consumption is not visible from any
public place or non-age-restricted area.
(c) Consumption of alcohol or tobacco shall not be allowed on the licensed premises.
(d)All requirements for onsite cannabis consumption imposed by the relevant local jurisdiction
shall be followed and smoking of cannabis goods shall be prohibited in any areas where smoking
is prohibited by law.
(e)The cannabis event organizer, who holds the temporary cannabis event license, shall be
responsible for ensuring that all rules and requirements for the onsite consumption of cannabis
goods are followed.
(f)A cannabis event organizer and all other licensees participating in a temporary cannabis event
are required to follow all applicable requirements in this division pertaining to record keeping
and waste management.
(hg) Any compensation paid from a licensed retailer to a cannabis event organizer for
participation in a temporary cannabis event shall not be determined based on, or tied to, the sale
of cannabis goods.
Authority: Section 26013, Business and Professions Code. Reference: Section 26200, Business
and Professions Code.
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Chapter 6. TESTING LABORATORIES
Article 1. Chapter Definitions
§ 5700. Definitions
In addition to the definitions in section 5000 of this division, the following definitions apply to
this chapter.
(a)“Acceptance criteria” means the specified limits placed on the characteristics of an item or
method that are used to determine data quality.
(b)“Accredited college or university” means a college or university accredited by a regional or
national accrediting agency that is an accreditor recognized by the Secretary of the US
Department of Education.
(c)“Accreditation body” means an impartial non-profit organization that operates in
conformance with the International Organization for Standardization (ISO) / International
Electrotechnical Commission (IEC) standard 17011 and is a signatory to the International
Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement (MRA) for
Testing.
(d)“Action level” means the threshold value that provides the criterion for determining whether
a sample passes or fails an analytical test.
(e)“Analyte” means a chemical, compound, element, bacteria, yeast, fungus, or toxin to be
identified or measured.
(f)“Analytical batch” means a set of no more than 20 samples that is prepared together for the
same analysis and are prepared with laboratory quality control (LQC) samples.
(g)“Analytical method” means a technique used qualitatively or quantitatively to determine the
composition of a sample or a microbial contamination of a sample.
(h)“Analytical sequence” means a group of samples that are analyzed sequentially using the
same instrument calibration curve.
(i) “Cannabinoid” means a class of diverse chemical compounds derived from a cannabis plant.
(j) “CAS number” means the unique numerical identifier assigned to every chemical substance
by Chemical Abstracts Service, a division of the American Chemical Society.
(k) “CBD” means cannabidiol, CAS number 13956-29-1.
(l) “CBDA” means cannabidiolic acid, CAS number 1244-58-2.
(m) “CBG” means cannabigerol, CAS number 25654-31-3.
(n) “CBN” means cannabinol, CAS number 521-35-7.
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(o) “Certificate of accreditation” means a document issued by an accreditation body that attests
to the laboratory’s competence to carry out specific testing analysis.
(p) “Certificate of analysis” (COA) means the report prepared by the laboratory about the
analytical testing performed and results obtained by the laboratory.
(q) “Certified reference material” means a reference material prepared by a certifying body or a
party independent of the laboratory with ISO/IEC 17034 accreditation.
(r) “Chain of Custody” (COC) means the chronological documentation that records the sequence
of custody, control, transfer, analysis, and disposal of a sample.
(s)“Coefficient of Determination” (commonly denoted as “r2”) means a statistical measure that
determines how well the regression approximates the actual data points in the calibration curve,
with a regression of 1 being a perfect fit.
(t) “Continuing calibration verification” (CCV) means a type of quality control sample that is a
mid-range calibration standard which checks the continued validity of the initial calibration of
the instrument.
(u) “Corrective action” means an action taken by the laboratory to resolve, and prevent from
recurrence, a problem with the technical operations of the laboratory.
(v) “Exclusivity” means the specificity of the test method for validating microbial testing
methods. It evaluates the ability of the method to distinguish the target organisms from similar
but genetically distinct non-target organisms.
(w) “Foreign material” means any filthy, putrid, or decomposed substance including hair, insects,
excreta, or related adulterant that may be hazardous or cause illness or injury to the consumer.
(x)“Frequency” means the number of items occurring in each category. Frequency may be
determined by analytical method or laboratory specific requirements for accuracy, precision of
the analysis, or statistical calculation.
(y)“Inclusivity” means, related to microbiological method validation, the sensitivity of the test
method. It evaluates the ability of the test method to detect a wide range of target organisms by a
defined relatedness.
(z)“Inhalable” means consumable in gaseous or vapor form through the lungs.
(aa) “Initial Calibration Verification” (ICV) means a solution of targeted method analytes of
known concentration that is obtained from a source external to the laboratory and different from
the source of calibration standards.
(bb) “ISO/IEC” means the joint technical committee of the International Organization for
Standardization (ISO) and the International Electrotechnical Commission (IEC).
(cc) “ISO/IEC 17025” means the general requirements specified by the ISO/IEC for the
competence of testing and calibration laboratories.
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(dd) “ISO/IEC 17034” means the general requirements established by the ISO/IEC for the
competence of reference material producers.
(ee) “ISO/IEC 17043” means the general requirements established by the ISO/IEC for
proficiency testing.
(ff) “Laboratory” means “testing laboratory” as defined at Business and Professions Code section
26001(at).
(gg) “Laboratory Control Sample” (LCS) means a blank matrix to which known concentrations
of the target method analytes are added. The LCS is analyzed in the same manner as the
representative sample.
(hh) “Laboratory replicate sample” means a sub-sample taken of the representative sample used
for laboratory quality control purposes to demonstrate reproducibility. It is prepared and
analyzed in the identical manner as the representative sample. The results from replicate analyses
are used to evaluate analytical precision.
(ii) “Laboratory employee” means any person directly employed by the laboratory for wages,
salary, barter, or trade by the laboratory and who is not employed by any other licensee under the
Act except for another testing laboratory. Laboratory employee does not mean independent
contractor, third party entity or any other entity acting on behalf of the laboratory.
(jj) “Laboratory quality assurance” means the set of operating principles that enable laboratories
to produce defensible data of known accuracy and precision and includes employee training,
equipment preventative maintenance procedures, calibration procedures, and quality control
testing, among other things.
(kk) “Limit of detection” (LOD) means the lowest quantity of a substance or analyte that can be
distinguished from the absence of that substance within a stated confidence limit.
(ll) “Limit of quantitation” (LOQ) means the minimum concentration of an analyte in a specific
matrix that can be reliably quantified while also meeting predefined goals for bias and
imprecision.
(mm) “Matrix” means the substances that are present in a sample except for the analyte(s) of
interest.
(nn) “Matrix spike sample” means a sample prepared by adding a known quantity of the target
analyte to a sample matrix or to a matrix that is as closely representative of the matrix being
analyzed as possible.
(oo) “Method blank” means an analyte free matrix to which all reagents are added in the same
volumes or proportions as used in the sample preparation and is processed in exactly the same
manner as the samples.
(pp) “Moisture content” means the percentage of water in a sample, by weight.
(qq) “Non-target organism” means an organism that the test method or analytical procedure is
not testing for and can be used in evaluating the specificity of a test method.
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(rr) “Percent recovery” means the percentage of a measured concentration relative to the added
(spiked) concentration in a reference material or matrix spike sample. A laboratory shall
calculate the percent recovery by dividing the sample result by the expected result then
multiplying the quotient by 100.
(ss) “Practical experience” means experience performing scientific analytical tests in a laboratory
setting using equipment, instruments, kits, and materials routinely found in a laboratory.
Practical experience includes experience in any type of laboratory setting and is not limited to
cannabis-specific laboratories.
(tt) “Proficiency test” means an evaluation of a laboratory’s performance against pre-established
criteria by means of interlaboratory comparisons of test measurements.
(uu) “Proficiency test sample” means a sample that is prepared by a party independent of the
testing laboratory with the ISO/IEC 17043 accreditation, where the concentration and identity of
an analyte that is known to the independent party, but is unknown to the testing laboratory and
testing laboratory employees.
(vv) “Quality control” means the set of measures implemented within an analytical procedure to
ensure that the measurement system is operating in a state of statistical control for which errors
have been reduced to acceptable levels.
(ww) “Quality control sample” means a sample that is produced and used by a laboratory for the
purpose of assuring the quality of the data and results. Quality control samples include blank
samples, matrix spike samples, laboratory control samples, replicate samples, and reference
material samples.
(xx) “Reagent” means a compound or mixture added to a system to cause a chemical reaction or
test if a reaction occurs. A reagent may be used to tell whether a specific chemical substance is
present by causing a reaction to occur with the chemical substance.
(yy) “Reference material” means material containing a known concentration of an analyte of
interest that is in solution or in a homogeneous matrix.
(zz) “Reference method” means the method by which the performance of an alternate method is
measured or evaluated.
(aaa) “Relative percent difference” means the comparative statistic that is used to calculate
precision or random error. RPD is calculated using the following equation:
RPD = │ (representative sample measurement – replicate sample measurement) │ /
([representative sample measurement + replicate sample measurement] / 2) × 100%
(bbb) “Relative standard deviation” means the standard deviation expressed as a percentage of
the means recovery. RSD is calculated using the following equation:
RSD = (s / x) × 100%; where s = standard deviation and x = mean
(ccc) “Representative” means a small quantity of the batch whose characteristics represent, as
accurately as possible, the entire batch, thus allowing the results to be generalized.
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(ddd) “Representative sample” means a sample that is comprised of several increments of either
cannabis goods that are collected from a batch for testing.
(eee) “Requester” means the person who submits a request to the laboratory for testing of
cannabis goods from an entity licensed under this division.
(fff) “Reserve sample” means any portion of a representative sample that was not used in the
testing process.
(ggg) “Sample” means a representative part of, or a single item from, a batch which is comprised
of several sample increments.
(hhh) “Sample increment” means a portion of a batch that, together with other increments, makes
up the sample.
(iii) “Sampler” means the laboratory employee responsible for obtaining samples of cannabis
goods from a licensed distributor or licensed microbusiness.
(jjj) “Sanitize” means to sterilize, disinfect, or make hygienic.
(kkk) “Scope of accreditation” means the tests or types of tests performed, materials or products
tested, and the methods used for testing cannabis or cannabis products for which the
accreditation has been granted.
(lll) “Standard operating procedure” (SOP) means a written document that provides detailed
instructions for the performance of all aspects of an analysis, operation, or action.
(mmm) “Tamper-evident” means a one-time-use security tape or seal that is affixed to the
opening of a package, allowing a person to recognize whether the package has been opened.
(nnn) “Target organism” means an organism that is being tested for in an analytical procedure or
test method.
(ooo) “THC” and “delta-9 THC” means tetrahydrocannabinol, CAS number 1972-08-3.
(ppp) “THCA” means tetrahydrocannabinolic acid, CAS number 23978-85-0.
(qqq) “Validation” means the confirmation by examination and objective evidence that the
requirements for a specific intended use or analytical method are fulfilled.
(rrr) “Water activity” means the measure of the quantity of water in a product that is available
and therefore capable of supporting bacteria, yeasts, and fungi and which is reported in units Aw.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26013 and
26100, Business and Professions Code.
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Article 2. Laboratory License
§ 5701. General Laboratory License Requirements
(a)A licensed laboratory shall maintain ISO/IEC 17025 accreditation for the testing of the
following:
(1)Cannabinoids;
(2) Heavy metals;
(3)Microbial impurities;
(4)Mycotoxins;
(5)Residual pesticides;
(6)Residual solvents and processing chemicals; and
(7) If tested, terpenoids.
(b) Each testing laboratory licensed premises shall have ISO/IEC 17025 accreditation.
(c) A licensed laboratory shall retain, and make available to the Bureau upon request, all records
associated with the licensee’s ISO/IEC 17025 certificate of accreditation.
Authority: Section 26013, Business and Professions Code. Reference: Section 26100, Business
and Professions Code
§ 5702. Laboratory License Application
In addition to the information required in section 5002 of this division, an application for a
testing laboratory license includes the following:
(a)A valid certificate of accreditation, issued by an accreditation body, that attests to the
laboratory’s competence to perform testing, including all the required analytes for the following
test methods:
(1)Cannabinoids;
(2)Heavy metals;
(3)Microbial impurities;
(4) Mycotoxins;
(5)Residual pesticides;
(6)Residual solvents and processing chemicals; and
(7) If tested, terpenoids.
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(b)Standard operating procedures for the following testing methods:
(1)Cannabinoids;
(2)Heavy metals;
(3)Microbial impurities;
(4)Moisture content and water activity;
(5)Mycotoxins;
(6)Residual pesticides;
(7)Residual solvents and processing chemicals; and
(8) If tested, terpenoids.
(c)Method validation report for the following testing methods:
(1)Cannabinoids;
(2) Foreign material;
(3)Heavy metals;
(4)Microbial impurities;
(5)Moisture content and water activity;
(6)Mycotoxins;
(7)Residual pesticides;
(8)Residual solvents and processing chemicals; and
(9) If tested, terpenoids.
(d) Standard operating procedures for the sampling of cannabis goods.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26012, 26050,
26051.5, 26055, 26102 and 26104, Business and Professions Code
§ 5703. Provisional Testing Laboratory License
(a)A laboratory may apply for a provisional license prior to receiving ISO/IEC 17025
accreditation provided that the applicant meets all other licensure requirements for a testing
laboratory and submits to the Bureau an application in compliance with section 5002 of this
division and an attestation that the applicant has or intends to seek ISO/IEC 17025 accreditation
for all testing methods required by this division.
(b)A provisional testing laboratory license shall be valid for 12 months. The annual license fee
for a provisional license shall be determined pursuant to section 5014 of this division.
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(c)To timely renew a provisional license, a completed license renewal form and the annual
renewal license fee pursuant to section 5014 of this division shall be received by the Bureau from
the licensee no earlier than 60 calendar days before the expiration of the license and no later than
5:00 p.m. Pacific Time on the last business day before the expiration of the license if the renewal
form is submitted to the Bureau at its office(s), or no later than 11:59 p.m. on the last business
day before the expiration of the license if the renewal form is submitted to the Bureau through its
electronic licensing system. Failure to receive a notice for license renewal does not relieve a
licensee of the obligation to renew a provisional license as required.
(d) In the event the license is not renewed prior to the expiration date, the licensee must not test
any commercial cannabis goods until the license is renewed.
(e) A licensee may submit a license renewal form up to 30 calendar days after the license
expires. Any late renewal form will be subject to a late fee equal to 50 percent of the applicable
licensing fees required by subsection (c) of this section.
(f) The license renewal application shall contain the following:
(1)The name of the licensee. For licensees who are individuals, the applicant shall provide both
the first and last name of the individual. For licensees who are business entities, the licensee shall
provide the legal business name of the applicant;
(2)The license number and expiration date;
(3)The licensee’s address of record and licensed premises address; and
(4)An attestation that all information provided to the Bureau in the original application under
section 5002 of this division or subsequent notification under section 5023 of this division is
accurate and current.
(g)The Bureau may renew a provisional license for an initial renewal period of 12 months.
(h)After one renewal, the Bureau may renew the provisional license for additional 12-month
periods if the licensee has submitted an application for the ISO/IEC 17025 accreditation. In
addition to the information required for a renewal form pursuant to subsection (f) of this section,
any renewal request pursuant to this section shall also include an attestation that the licensee’s
application for each ISO/IEC 17025 is pending with the accrediting body, the name of the
accrediting body, and the date the application was submitted to the accrediting body.
(i)The licensee shall notify the Bureau if the application for each ISO/IEC 17025 accreditation is
granted or denied within 5 business days of receiving the decision from the accrediting body. If
the accrediting body grants or denies the licensee’s application for any ISO/IEC 17025
accreditation before the expiration of the provisional license, the Bureau may terminate the
provisional license at that time.
(j)The Bureau may revoke a provisional license at any time.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26012, 26031,
and 26050, Business and Professions Code.
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Article 3. Sampling Cannabis and Cannabis Products
§ 5704. Sampling Standard Operating Procedures
(a)The laboratory shall develop and implement a sampling standard operating procedure (SOP)
that describes the laboratory’s method for obtaining representative samples of cannabis goods.
The laboratory shall use and submit to the Bureau Sampling – Standard Operating Procedures,
Form BCC-LIC -021 (New 7/18), which is incorporated herein by reference.
(b)The laboratory shall retain a copy of the sampling SOP on the licensed laboratory premises
and ensure that the sampling SOP is accessible to the sampler during sampling.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26102,
26104 and 26110, Business and Professions Code.
§ 5705. General Sampling Requirements
(a)The laboratory that obtains a representative sample from a licensed distributor or licensed
microbusiness shall perform all the required testing at one licensed laboratory premises.
(b)The laboratory may obtain and analyze samples only from batches in final form as required
by Business and Professions Code section 26100.
(c) The laboratory sampler shall collect a representative sample following the procedures
specified in the laboratory’s sampling standard operating procedure(s).
(d)The laboratory shall collect a representative sample from each batch.
(e)The laboratory shall ensure that the sample is transported and subsequently stored at the
laboratory in a manner that prevents degradation, contamination, commingling, and tampering. If
the cannabis good specifies on the label how the cannabis good shall be stored, the laboratory
shall store the sample as indicated on the label.
(f) The laboratory shall complete a chain of custody form for each sample that the laboratory
collects and analyzes.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104
and 26110, Business and Professions Code.
§ 5706. Chain of Custody (COC)
(a)The laboratory shall develop and implement a COC protocol to ensure accurate
documentation is recorded for the transport, handling, storage, and destruction of samples.
(b)The COC protocol shall require the use of a COC form. The sampler shall use a COC to
record the following information for each sampled batch:
(1) Laboratory’s name, physical address, and license number;
(2) Date and time sampling started and ended;
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(3) Licensed distributor or licensed microbusiness’ name, physical address, and license number;
(4) Licensed cultivator’s, licensed manufacturer’s, or licensed microbusiness’ name, physical
address, and license number;
(5) Batch number of the batch from which the representative sample was obtained and assigned
unique sample identifier;
(6) Sample matrix;
(7) Total batch size, by weight, or unit count;
(8) Total weight, or unit count of the representative sample;
(9) Sampling conditions or problems encountered during the sampling process, if any.
(10)Printed name and signature of the licensed distributor or licensed microbusiness’ employee;
and
(11)Printed name and signature of the sampler;
(c)Each time the sample changes custody between licensees, is transported, or is destroyed, the
date, time, and the names and signatures of persons involved in these activities shall be recorded
on the COC form.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26102,
26104 and 26110, Business and Professions Code.
§ 5707. Harvest Batch Sampling
(a)The sampler shall obtain a representative sample from each prepacked or unpacked harvest
batch. The representative sample must weigh 0.35% of the total harvest batch weight.
(b)A sampler may collect greater than 0.35% of a prepacked or unpacked harvest batch if
necessary to perform the required testing or to ensure that the samples obtained are
representative.
(c)The prepacked or unpacked harvest batch from which a sample is obtained shall weigh no
more than 50.0 pounds. Laboratory analyses of a sample collected from a harvest batch weighing
more than 50.0 pounds shall be deemed invalid and the harvest batch from which the sample was
obtained may not be released for retail sale.
(d)When the sampler obtains a representative sample from an unpacked harvest batch, the
sampler shall do all the following:
(1)Collect the number of increments relative to the unpacked harvest batch size as listed in the
following table;
(2) Obtain increments from random and varying locations of the unpacked harvest batch, both
vertically and horizontally. To the extent practicable, the increments obtained from an unpacked
harvest batch shall be of equal weight; and
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(3)To the extent practicable, collect an equal number of increments from each container if the
unpacked harvest batch is stored in multiple containers.
Unpacked Harvest Batch Size
(pounds)
Number of Increments
(per sample)
≤ 10.0 8
10.1 – 20.0 16
20.1 – 30.0 23
30.1 – 40.0 29
40.1 – 50.0 34
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104
and 26110, Business and Professions Code.
§ 5708. Cannabis Product Batch and Pre-Roll Sampling
(a)The sampler shall obtain a representative sample from each cannabis product batch or pre-roll
batch.
(b)The sampler may collect a greater number of increments if necessary to perform the required
testing or to ensure that the samples obtained are representative.
(c)The cannabis product batch or pre-roll batch from which a representative sample is obtained
shall contain no more than 150,000 units. Laboratory analyses of a sample collected from a
cannabis product batch containing more than 150,000 units shall be deemed invalid and the
cannabis product batch or pre-roll batch from which the representative sample was obtained may
not be released for retail sale.
(d)The sampler shall obtain a representative sample of cannabis product or pre-roll batch by
collecting, at minimum, the number of increments relative to the batch size as listed in the
following table. Each increment consists of 1 packaged unit.
Cannabis Product or Pre-roll
Batch Size
(units)
Number of Increments
(per sample)
≤ 50 2
51 – 150 3
151 – 500 5
501 – 1,200 8
1,201 – 3,200 13
3,201 – 10,000 20
10,001 – 35,000 32
35,001 – 150,000 50
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Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104
and 26110, Business and Professions Code.
§ 5709. Laboratory Transportation of Cannabis Goods Samples
(a)The following requirements apply when a licensed testing laboratory transports cannabis
goods samples:
(1)Cannabis goods shall only be transported inside of a vehicle or trailer and shall not be visible
or identifiable from outside of the vehicle or trailer. For purposes of this section, the inside of the
vehicle includes the trunk.
(2)The laboratory shall ensure cannabis goods samples are stored in a locked box, a locked
container, or a locked cage that is secured to the inside of the vehicle or trailer during transport.
(3)While left unattended, vehicles, and trailers shall be locked and secured.
(4)The laboratory shall not leave a vehicle or trailer containing cannabis goods samples
unattended in a residential area or parked overnight in a residential area.
(5)The laboratory shall ensure that any vehicle or trailer transporting cannabis goods samples
has a vehicle alarm system.
(6)The laboratory shall ensure that packages or containers holding cannabis goods samples are
neither tampered with, nor opened during transport.
(7)The laboratory transporting cannabis goods samples shall only travel between licensees for
whom the laboratory is conducting compliance testing or quality assurance testing for, and the
laboratory’s licensed premises when engaged in the transportation of cannabis goods. A
laboratory shall not deviate from the travel requirements described in this section, except for
necessary rest, fuel, or vehicle repair stops.
(8)The laboratory may transport multiple cannabis goods samples obtained from multiple
licensees at once.
(9)Vehicles or trailers transporting cannabis goods samples are subject to inspection by the
Bureau at any licensed premises or during transport at any time.
(10)No person under the age of 21 years old shall be in a vehicle or trailer transporting cannabis
goods samples.
(11)Only an employee of the laboratory, or security personnel who meets the requirement of
section 5045 of this division shall be in a vehicle while transporting cannabis goods samples.
(b)The laboratory shall provide the following required transport vehicle information to the
Bureau:
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(1) Proof that the laboratory owns or holds or a valid lease for each vehicle used to transport
cannabis goods samples;
(2)The year, make, model, license plate number, and numerical Vehicle Identification Number
(VIN) for each vehicle or trailer used to transport cannabis goods samples; and
(3)Proof of insurance for each vehicle used to transport cannabis goods samples.
(c)The laboratory shall provide the Bureau with the information required by this section in
writing for any new vehicle or trailer that will be used to transport cannabis goods samples prior
to using the vehicle or trailer.
(d)The laboratory shall provide the Bureau with any changes to the information required by this
section in writing within 30 calendar days.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26102,
26104 and 26110, Business and Professions Code.
§ 5710. Laboratory Receipt of Samples Obtained from a Distributor or Microbusiness
(a)The laboratory may accept and analyze a sample from a licensed distributor or licensed
microbusiness for the required testing under section 5714 of this division only if there is an
accompanying COC form for the sample.
(b)The laboratory employee who receives the sample shall date, print, and sign their name on
the accompanying sample COC.
(b) (c) The laboratory shall not analyze a sample obtained from a licensed distributor or licensed
microbusiness, and the batch from which the sample was obtained may not be released for retail
sale, if the any of the following occur:
(1)The sample is received at the laboratory without the requisite COC form;
(2)The tamper-evident material is broken prior to the sample being received at the laboratory; or
(3)There is evidence of sample commingling, contamination, degradation, or a related
occurrence rendering the sample unusable for analytical testing when the sample is received at
the laboratory.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104
and 26110, Business and Professions Code.
Article 4. Standard Operating Procedures
§ 5711. Laboratory Analyses Standard Operating Procedures
The laboratory shall develop, implement, and maintain written standard operating procedures
(SOP) for sample preparation and each required test method. The laboratory shall use and submit
to the Bureau the following forms which are incorporated by reference:
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(a) Sample Preparation – Standard Operating Procedures, Form BCC-LIC -022 (New 7/18),
which is incorporated herein by reference; and
(b) Test Methods – Standard Operating Procedures, Form BCC-LIC-023 (New 7/18), which is
incorporated herein by reference.
(c)The laboratory shall keep each SOP at the licensed laboratory premises and ensure that each
SOP is accessible to laboratory employees during operating hours.
(d)The laboratory shall make each SOP available for inspection by the Bureau upon request, as
well as any other SOPs associated with the licensee’s ISO/IEC 17025 certificate of accreditation.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26012, 26100,
26102, 26104 and 26110, Business and Professions Code
§ 5712. Test Methods
(a)The laboratory shall develop, implement, and validate test methods for the analyses of
samples as required under this division.
(b)To the extent practicable, the laboratory test methods shall comport with the following
guidelines:
(1) US Food and Drug Administration’s Bacterial Analytical Manual, 2016;
(2)AOAC International’s Official Methods of Analysis for Contaminant Testing of AOAC
International, 20th Edition, 2016; and
(3)United States Pharmacopeia and the National Formulary’s Methods of Analysis for
Contaminant Testing, 2016.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104
and 26110, Business and Professions Code.
§ 5713. Validation of Test Methods
(a)The laboratory may use a nonstandard, amplified, or modified test method or a method that is
designed or developed by the laboratory to validate the methods for analyses of samples.
(b)The laboratory shall follow the guidelines set forth in the US Food and Drug
Administration’s Guidelines for the Validation of Analytical Methods for the Detection of
Microbial Pathogens in Foods and Feeds, 2nd Edition, April 2015, incorporated herein by
reference, to validate test methods for the microbial analysis of samples.
(1)The laboratory shall include and address the criteria listed in the following table when
validating test methods for microbial analyses of samples.
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Criteria Requirement
Number of target organisms; inclusivity 5
Number of non-target organisms; exclusivity 5
Number of analyte levels per matrix: Qualitative methods 3 levels: high and low
inoculum levels and 1
uninoculated level
Number of analyte levels per matrix: Quantitative methods 4 levels: low, medium and
high inoculum levels and 1
uninoculated level
Replicates per food at each level tested 2 or more replicates per level
(c)The laboratory shall follow the guidelines set forth in the US Food and Drug
Administration’s Guidelines for the Validation of Chemical Methods for the FDA FVM
Program, 2nd Edition, April 2015, incorporated herein by reference, to validate test methods for
chemical analysis of samples.
(1)The laboratory shall include and address the following criteria to validate test methods for
chemical analyses of samples:
(A)Accuracy;
(B)Precision;
(C) Linearity and range;
(i)The Coefficient of Determination (r2) for all calibration curves shall be greater than or equal
to 0.99.
(ii) LOQ for analytes tested shall be within the linear range of the calibration curve.
(D)Calibration standard;
(i) For calibration curves, there shall be a minimum of five calibration standards, not including
zero; and
(ii)Each calibration curve must include an Initial Calibration Verification (ICV).
(E)Sensitivity and selectivity;
(F) Limit of detection and limit of quantitation;
(G)Recovery;
(H)Reproducibility; and
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(I) Robustness.
(2) The laboratory shall use certified reference materials, to validate the following chemical
analyses. The test method used for analysis is valid if the percent recovery of the certified
reference material is between 80% to 120% for all required analytes.
(A)Cannabinoids, if available;
(B) Heavy metals;
(C)Microbial impurities;
(D)Mycotoxins;
(E)Residual pesticides;
(F)Residual solvents and processing chemicals; and
(G)Terpenoids, if available.
(d)The laboratory shall generate a validation report for each test method. Each validation report
shall include the following information:
(1) Instrument calibration data, if any;
(2) Raw data, including instrument raw data, for each test method, if any;
(3) Cannabis reference materials or certified reference material results;
(4)Data and calculations pertaining to LOD and LOQ determinations, if any;
(5) LQC report, as described in this chapter, for the validation of each method; and
(6)Worksheets, forms, pictures, or copies of laboratory notebook pages and any other
documentation necessary to meet the requirements described in subsections (b) and (c) of this
section.
(7)The supervisory or management laboratory employee shall review, approve, sign, and date
the validation report for each test method.
(8)Upon new test methods or altered test methods being used in the laboratory, the new
validation report shall be submitted to the Bureau within 5 business days.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26012, 26100,
26104 and 26110, Business and Professions Code.
Article 5. Laboratory Testing and Reporting
§ 5714. Required Testing
(a)The laboratory shall test each representative sample for the following:
(1)Cannabinoids;
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(2)Foreign material;
(3)Heavy metals;
(4)Microbial impurities;
(5)Mycotoxins;
(6)Moisture content and water activity;
(7)Residual pesticides;
(8)Residual solvents and processing chemicals; and
(9)If applicable, terpenoids.
(b)The laboratory shall report the results of each analysis performed by the laboratory on the
certificate of analysis.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104
and 26110, Business and Professions Code.
§ 5715. Phase-In of Required Laboratory Testing
(a)Cannabis goods shall not be sold or transferred to a licensed retailer or licensed
microbusiness, or released for retail sale, unless a representative sample of the cannabis goods
has undergone and passed all testing as required by this section.
(b)All cannabis harvested on or after January 1, 2018, and all cannabis products manufactured
on or after January 1, 2018, shall be tested for the following analytes, if applicable:
(1)Cannabinoids as required in section 5724 of this division;
(2)Moisture content as required in section 5717 of this division;
(3)Category II Residual Solvents and Processing Chemicals as required in section 5718 of this
division;
(4)Category I Residual Pesticides as required in section 5719 of this division; and
(5)Microbial Impurities as required in section 5720 of this division.
(c) In addition to the requirements of subsection (b) of this section, all cannabis harvested on or
after July 1, 2018, and all cannabis products manufactured on or after July 1, 2018, shall be
tested for the following analytes, if applicable:
(1)Category I Residual Solvents and Processing Chemicals as required in section 5718 of this
division;
(2)Category II Residual Pesticides as required in section 5719 of this division; and
(3)Foreign Material as required in section 5722 of this division.
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(d) In addition to the requirements in subsections (b) and (c) of this section, all cannabis
harvested on or after December 31, 2018, and all cannabis products manufactured on or after
December 31, 2018, shall be tested for the following analytes, if applicable:
(1)Terpenoids as required in section 5725 of this division;
(2)Mycotoxins as required in section 5721 of this division;
(3)Heavy Metals as required in section 5723 of this division; and
(4)Water Activity as required in section 5717 of this division.
(e) Licensees may have a sample of cannabis goods tested for analytes that are not yet required
to be tested. However, if the sample fails any additional test(s) not required pursuant to this
section on the date of testing, the batch from which the sample was collected fails testing and
shall not be released for retail sale.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100 and
26104, Business and Professions Code.
§ 5716. [reserved]
§ 5717. Moisture Content and Water Activity Testing
(a)The laboratory shall analyze at minimum 0.5 grams of the representative sample of dried
flower to determine the level of water activity and the percentage of moisture content.
(1)The dried flower sample, including pre-rolls, shall be deemed to have passed water activity
testing if the water activity does not exceed 0.65 Aw. The laboratory shall report the result of the
water activity test on the certificate of analysis (COA) and indicate “pass” or “fail” on the COA.
(2) The laboratory shall report the result of the moisture content test on the COA as a percentage.
(b) The laboratory shall analyze at least 0.5 grams of the representative sample of solid edible
cannabis products to determine the level of water activity. A solid edible cannabis product shall
be deemed to have passed water activity testing if the water activity does not exceed 0.85 Aw.
The laboratory shall report the result of the water activity test on the COA and indicate “pass” or
“fail” on the COA.
(c) If the sample fails water activity testing, the batch from which the sample was collected fails
water activity testing and shall not be released for retail sale.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104
and 26110, Business and Professions Code.
§ 5718. Residual Solvents and Processing Chemicals Testing
(a)The laboratory shall analyze at minimum 0.5 grams of the representative sample of cannabis
product or pre-rolls to determine whether residual solvents or processing chemicals are present.
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(b)The laboratory shall report the result of the residual solvents and processing chemicals testing
in unit micrograms per gram (µg/g) on the COA and indicate “pass” or “fail” on the COA.
(c)The laboratory shall establish a limit of quantification (LOQ) of 1.0 µg/g or lower for all
Category I Residual Solvents or Processing Chemicals.
(d)The sample shall be deemed to have passed the residual solvents and processing chemicals
testing if both of the following conditions are met:
(1)The presence of any residual solvent or processing chemical listed in the following tables in
Category I is not detected, and
(2)The presence of any residual solvent or processing chemical listed in the following tables in
Category II does not exceed the indicated action levels.
(A)Notwithstanding subsection (d)(2) of this section the limit for ethanol does not apply to
cannabis goods that are intended to be tinctures and meet the definition of tincture, as defined by
the State Department of Public Health in regulation.
Category I
Residual Solvent or
Processing Chemical
CAS No.
1,2-Dichloroethane 107-06-2
Benzene 71-43-2
Chloroform 67-66-3
Ethylene oxide 75-21-8
Methylene chloride 75-09-2
Trichloroethylene 79-01-6
Category II
Residual Solvent or
Processing Chemical
CAS No. Cannabis Product or
Pre-roll Action Level
(µg/g)
Acetone 67-64-1 1000
Acetonitrile 75-05-8 80
Butane 106-97-8 1000
Ethanol 64-17-5 1000
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Ethyl acetate 141-78-6 1000
Ethyl ether 60-29-7 1000
Heptane 142-82-5 1000
Hexane 110-54-3 60
Isopropyl alcohol 67-63-0 1000
Methanol 67-56-1 600
Pentane 109-66-0 1000
Propane 74-98-6 1000
Toluene 108-88-3 180
Total xylenes (ortho-, meta-, para-) 1330-20-7 430
(e)If the sample fails residual solvents and processing chemicals testing, the batch from which
the sample was collected fails residual solvents and processing chemicals testing and shall not be
released for retail sale.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104
and 26110, Business and Professions Code.
§ 5719. Residual Pesticides Testing
(a)The laboratory shall analyze at minimum 0.5 grams of the representative sample of cannabis
goods to determine whether residual pesticides are present.
(b)The laboratory shall report whether any Category I Residual Pesticides are detected above the
limit of detection (LOD) and shall report the result of the Category II Residual Pesticides testing
in unit micrograms per gram (µg/g) on the COA. The laboratory shall indicate “pass” or “fail” on
the COA.
(c)The laboratory shall establish a limit of quantification (LOQ) of 0.10 µg/g or lower for all
Category I Residual Pesticides.
(d)The sample shall be deemed to have passed the residual pesticides testing if both of the
following conditions are met:
(1)The presence of any residual pesticide listed in the following tables in Category I are not
detected, and
(2)The presence of any residual pesticide listed in the following tables in Category II does not
exceed the indicated action levels.
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Category I
Residual Pesticide CAS No.
Aldicarb 116-06-3
Carbofuran 1563-66-2
Chlordane 57-74-9
Chlorfenapyr 122453-73-0
Chlorpyrifos 2921-88-2
Coumaphos 56-72-4
Daminozide 1596-84-5
DDVP (Dichlorvos) 62-73-7
Dimethoate 60-51-5
Ethoprop(hos) 13194-48-4
Etofenprox 80844-07-1
Fenoxycarb 72490-01-8
Fipronil 120068-37-3
Imazalil 35554-44-0
Methiocarb 2032-65-7
Methyl parathion 298-00-0
Mevinphos 7786-34-7
Paclobutrazol 76738-62-0
Propoxur 114-26-1
Spiroxamine 118134-30-8
Thiacloprid 111988-49-9
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Category II
Residual Pesticide CAS No.
Action Level (µg/g)
Inhalable Cannabis
Goods Other Cannabis Goods
Abamectin 71751-41-2 0.1 0.3
Acephate 30560-19-1 0.1 5
Acequinocyl 57960-19-7 0.1 4
Acetamiprid 135410-20-7 0.1 5
Azoxystrobin 131860-33-8 0.1 40
Bifenazate 149877-41-8 0.1 5
Bifenthrin 82657-04-3 3 0.5
Boscalid 188425-85-6 0.1 10
Captan 133-06-2 0.7 5
Carbaryl 63-25-2 0.5 0.5
Chlorantraniliprole 500008-45-7 10 40
Clofentezine 74115-24-5 0.1 0.5
Cyfluthrin 68359-37-5 2 1
Cypermethrin 52315-07-8 1 1
Diazinon 333-41-5 0.1 0.2
Dimethomorph 110488-70-5 2 20
Etoxazole 153233-91-1 0.1 1.5
Fenhexamid 126833-17-8 0.1 10
Fenpyroximate 111812-58-9 0.1 2
Flonicamid 158062-67-0 0.1 2
Fludioxonil 131341-86-1 0.1 30
Hexythiazox 78587-05-0 0.1 2
Imidacloprid 138261-41-3 5 3
Kresoxim-methyl 143390-89-0 0.1 1
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Category II
Residual Pesticide CAS No.
Action Level (µg/g)
Inhalable Cannabis
Goods Other Cannabis Goods
Malathion 121-75-5 0.5 5
Metalaxyl 57837-19-1 2 15
Methomyl 16752-77-5 1 0.1
Myclobutanil 88671-89-0 0.1 9
Naled 300-76-5 0.1 0.5
Oxamyl 23135-22-0 0.5 0.2
Pentachloronitrobenzene 82-68-8 0.1 0.2
Permethrin 52645-53-1 0.5 20
Phosmet 732-11-6 0.1 0.2
Piperonylbutoxide 51-03-6 3 8
Prallethrin 23031-36-9 0.1 0.4
Propiconazole 60207-90-1 0.1 20
Pyrethrins 8003-34-7 0.5 1
Pyridaben 96489-71-3 0.1 3
Spinetoram 187166-15-0,
187166-40-1 0.1 3
Spinosad 131929-60-7,
131929-63-0 0.1 3
Spiromesifen 283594-90-1 0.1 12
Spirotetramat 203313-25-1 0.1 13
Tebuconazole 107534-96-3 0.1 2
Thiamethoxam 153719-23-4 5 4.5
Trifloxystrobin 141517-21-7 0.1 30
(e)If the sample fails residual pesticides testing, the batch from which the sample was collected
fails pesticides testing and shall not be released for retail sale.
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-
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104
and 26110, Business and Professions Code.
§ 5720. Microbial Impurities Testing
(a)The laboratory shall analyze a at minimum 1.0 grams of the representative sample of
cannabis goods to determine whether microbial impurities are present.
(b)The laboratory shall report the result of the microbial impurities testing by indicating “pass”
or “fail” on the COA.
(c) The sample of inhalable cannabis goods shall be deemed to have passed the microbial
impurities testing if all of the following conditions are met:
(1) Shiga toxin–producing Escherichia coli is not detected in 1 gram;
(2) Salmonella spp. is not detected in 1 gram; and
(3)Pathogenic Aspergillus species A. fumigatus, A. flavus, A. niger, and A. terreus are not
detected in 1 gram.
(d) The sample of non-inhalable cannabis goods shall be deemed to have passed the microbial
impurities testing if both the following conditions are met:
(1)Shiga toxin–producing Escherichia coli is not detected in 1 gram, and
(2) Salmonella spp. is not detected in 1 gram.
(e) If the sample fails microbial impurities testing, the batch from which the sample was
collected fails microbial impurities testing and shall not be released for retail sale.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104
and 26110, Business and Professions Code.
§ 5721. Mycotoxin Testing
(a)The laboratory shall analyze at minimum 0.5 grams of the representative sample of cannabis
goods to determine whether mycotoxins are present.
(b)The laboratory shall report the result of the mycotoxins testing in unit micrograms per
kilograms (µg/kg) on the COA and indicate “pass” or “fail” on the COA.
(c) The sample shall be deemed to have passed mycotoxin testing if both the following
conditions are met:
(1)Total of aflatoxin B1, B2, G1, and G2 does not exceed 20 µg/kg of substance, and
(2)Ochratoxin A does not exceed 20 µg/kg of substance.
(d) If the sample fails mycotoxin testing, the batch from which the sample was collected fails
mycotoxin testing and shall not be released for retail sale.
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Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104
and 26110, Business and Professions Code.
§ 5722. Foreign Material Testing
(a)The laboratory shall analyze the representative sample of cannabis goods to determine
whether foreign material is present.
(b) The laboratory shall report the result of the foreign material test by indicating “pass” or “fail”
on the COA.
(c)The laboratory shall perform foreign material testing on the total representative sample prior
to sample homogenization.
(d)When the laboratory performs foreign material testing, at minimum, the laboratory shall do
all of the following:
(1)Examine both the exterior and interior of the dried flower sample, and
(2)Examine the exterior of the cannabis product sample.
(e) The sample shall be deemed to have passed the foreign material testing if the presence of
foreign material does not exceed:
(1)1/4 of the total sample area covered by sand, soil, cinders, or dirt;
(2)1/4 of the total sample area covered by mold;
(3)1 insect fragment, 1 hair, or 1 count mammalian excreta per 3.0 grams; or
(4)1/4 of the total sample area covered by an imbedded foreign material.
(f) If the sample fails foreign material testing, the batch from which the sample was collected
fails foreign material testing and shall not be released for retail sale.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104
and 26110, Business and Professions Code.
§ 5723. Heavy Metals Testing
(a)The laboratory shall analyze at minimum 0.5 grams of the representative sample of cannabis
goods to determine whether heavy metals are present.
(b)The laboratory shall report the result of the heavy metals test in micrograms per gram (µg/g)
on the COA and indicate “pass” or “fail” on the COA.
(c) The sample shall be deemed to have passed the heavy metals testing if the presence of heavy
metals does not exceed the action levels listed in the following table.
(d) If the sample fails heavy metals testing, the batch from which the sample was collected fails
heavy metals testing and shall not be released for retail sale.
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Heavy Metal Action Level (µg/g)
Inhalable Cannabis
Goods
Other Cannabis
Goods
Cadmium 0.2 0.5
Lead 0.5 0.5
Arsenic 0.2 1.5
Mercury 0.1 3.0
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104
and 26110, Business and Professions Code.
§ 5724. Cannabinoid Testing
(a)The laboratory shall analyze at minimum 0.5 grams of the representative sample of cannabis
goods to determine whether the cannabinoid profile of the sample conforms to the labeled
content of each cannabinoid such as THC; THCA; CBD; CBDA; CBG; and CBN.
(b)The laboratory shall report the result of the cannabinoid testing on the COA both as a
percentage and in milligrams per gram (mg/g) if by dry-weight or milligrams per milliliter
(mg/mL) if by volume. The laboratory shall verify that the cannabis goods label conforms with
the cannabinoid profile test results and indicate “pass” or “fail” on the COA.:
(1) If the laboratory reports the result of the cannabinoid testing on the COA in dry-weight
percent, they shall use the following equation:
Dry-weight percent cannabinoid = wet-weight percent cannabinoid / (1 − percent
moisture / 100)
(c) If the labeled content of any one cannabinoid is expressed as a total concentration of the
cannabinoid, the laboratory shall calculate the total cannabinoid concentration as follows:
(1)For concentration expressed in weight:
Total cannabinoid concentration (mg/g) = (cannabinoid acid form concentration (mg/g) x
0.877)+ cannabinoid concentration (mg/g)
(2)For concentration expressed in volume:
Total cannabinoid concentration (mg/mL) = (cannabinoid acid form concentration
(mg/mL) x 0.877) + cannabinoid concentration (mg/mL)
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(d) The sample shall be deemed to have passed the cannabinoid testing if the concentration of
any one cannabinoid, claimed to be present at 5% or greater of the total cannabinoid profile, does
not exceed the labeled content of the cannabinoid.
(1)For edible cannabis products with a cannabinoid serving size greater than 5.1 mg, and for all
cannabis goods, the concentration of any one cannabinoid shall not exceed the labeled content of
the cannabinoid, plus or minus 10%.
(2)For edible cannabis products with a cannabinoid serving size of 2.1 mg to 5.0 mg, the
concentration of any one cannabinoid shall not exceed the labeled content of the cannabinoid,
plus or minus 15%.
(3)For edible cannabis products with a cannabinoid serving size of less than or equal to 2.0 mg,
the concentration of any one cannabinoid shall not exceed the labeled content of the cannabinoid,
plus or minus 25%.
(e) If the sample fails cannabinoid testing, the batch from which the sample was collected fails
cannabinoid testing and shall not be released for retail sale.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104
and 26110, Business and Professions Code.
§ 5725. Terpenoid Testing
(a)The laboratory shall analyze at minimum 0.5 grams of the representative sample of cannabis
goods to determine whether the terpenoid profile of the sample conforms to the labeled content
of terpenoids.
(b) The laboratory shall report the result of the terpenoid testing on the COA both as a
percentage and in either milligrams per gram (mg/g) if by weight or milligrams per milliliter
(mg/mL) if by volume. The laboratory shall verify that the cannabis goods label conforms with
the terpenoid profile test results and indicate “pass” or “fail” on the COA.
(c) The sample shall be deemed to have passed the terpenoid testing if the concentration of any
one terpenoid, claimed to be present at 5% or greater of the total terpenoid profile, does not
exceed the labeled content of the terpenoids, plus or minus 10%.
(d) If the sample fails terpenoid testing, the batch from which the sample was collected fails
terpenoid testing and shall not be released for retail sale.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104
and 26110, Business and Professions Code.
§ 5726. Certificate of Analysis (COA)
(a)The laboratory shall generate a COA for each representative sample that the laboratory
analyzes.
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(b)The laboratory shall ensure that the COA contains the results of all required analyses
performed for the representative sample.
(c) The laboratory shall, within 1 business day of completing analyses of a sample, both upload
the COA into the track and trace system and simultaneously provide a copy of the COA to the
Bureau via email at bcc@dca.ca.gov and other requesters, if any.
(d) The COA shall contain, at minimum, the following information:
(1) Laboratory’s name, physical address, and license number;
(2) Licensed distributor or licensed microbusiness’ name, physical address, and license number;
(3) Licensed cultivator’s, licensed manufacturer’s, or licensed microbusiness’ name, physical
address, and license number;
(4)Batch number of the batch from which the sample was obtained;
(5)Sample identifying information, including matrix type and unique sample identifiers;
(6)Sample history, including the date collected, the date received by the laboratory, and the
date(s) of sample analyses and corresponding testing results;
(7) A picture of the cannabis goods, including packaging, if applicable;
(8) For dried flower samples, the total weight of the batch, in grams or pounds, and the total
weight of the representative sample in grams:
(9) For cannabis product or pre-rolls samples, the total unit count of both the representative
sample and the total batch size;
(10)Measured density of the cannabis goods;
(11) The analytical methods, analytical instrumentation used, and corresponding Limits of
Detection (LOD) and Limits of Quantitation (LOQ);
(12) An attestation on the COA from the laboratory supervisory or management employee that
all LQC samples required by section 5730 of this division were performed and met the
acceptance criteria; and
(13) Analytes detected during the analyses of the sample that are unknown, unidentified, or
injurious to human health if consumed, if any.
(e) The laboratory shall report test results for each representative sample on the COA as follows:
(1)Indicate an overall “pass” or “fail” for the entire batch;
(2)When reporting qualitative results for each analyte, the laboratory shall indicate “pass” or
“fail”;
(3) When reporting quantitative results for each analyte, the laboratory shall use the appropriate
units of measurement as required under this chapter;
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(4)When reporting results for each test method, the laboratory shall indicate “pass” or “fail”;
(5) For representative samples obtained from a cannabis goods batch to which a content label is
affixed at the time of sampling, the laboratory shall report the following on the COA:
(A)The cannabinoid content and terpenoid content as printed or written on the label that is
affixed to the cannabis goods batch;
(B)The cannabinoid profile and the terpenoid profile of the representative sample as determined
by the laboratory as required under section 5724 and section 5725 of this division, respectively;
and
(C) The difference, in percentage, between the cannabinoid content and terpenoid content as
printed or written on the label and the cannabinoid profile and the terpenoid profile of the
representative sample, if any, as determined by the laboratory.
(6)When reporting results for any analytes that were detected below the analytical method LOQ,
indicate “<LOQ”;
(7)When reporting results for any analytes that were not detected or detected below the LOD,
indicate “ND”; and
(8) Indicate “NT” for any test that the laboratory did not perform.
(f) The laboratory supervisory or management employee shall validate the accuracy of the
information contained on the COA and sign and date the COA.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104
and 26110, Business and Professions Code.
Article 6. Post Testing Procedures
§ 5727. Remediation and Retesting
(a) A cannabis goods batch that has been additionally processed after failed testing must be
retested and successfully pass all the analyses required under this chapter. An edible cannabis
product batch shall not be additionally processed after a failed testing.
(b) A cannabis goods batch that failed testing only because of nonconformance with the labeled
content may be relabeled so that the batch conforms with the labeled content. Retesting is not
required if the relabeling is performed at the licensed distributor or licensed microbusiness
premises. An edible cannabis product batch that failed cannabinoid or terpenoid testing may only
be remediated by relabeling.
(c)The licensed distributor or licensed microbusiness shall arrange for remediation of a failed
cannabis goods batch. If the batch cannot be remediated, the batch shall be destroyed by the
licensed distributor or licensed microbusiness.
(d) If a batch is not remediated or reprocessed in any way it cannot be retested. Any subsequent
COAs produced without remediation or reprocessing of the failed batch will not supersede the
initial regulatory compliance testing COA.
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(e) A cannabis goods batch may only be remediated twice. If the batch fails after the second
remediation attempt and the second retesting, the entire batch shall be destroyed.
(f) Within 1 business day of completing the required analyses of a representative sample
obtained from a remediated cannabis goods batch the laboratory shall upload the COA
information into the track and trace system. If the licensee does not yet have access to the track
and trace system, it shall be emailed to the Bureau.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104
and 26110, Business and Professions Code.
§ 5728. Post Testing Sample Retention
(a)The laboratory shall retain the reserve sample, consisting of any portion of a sample that was
not used in the testing process. The reserve sample shall be kept, at minimum, for 45 business
days after the analyses, after which time it may be destroyed and denatured to the point the
material is rendered unrecognizable and unusable.
(b)The laboratory shall securely store the reserve sample in a manner that prohibits sample
degradation, contamination, and tampering.
(c)The laboratory shall provide the reserve sample to the Bureau upon request.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104
and 26110, Business and Professions Code.
Article 7. Laboratory Quality Assurance and Quality Control
§ 5729. Laboratory Quality Assurance (LQA) Program
(a)The laboratory shall develop and implement a LQA program to assure the reliability and
validity of the analytical data produced by the laboratory. The LQA program shall, at minimum,
include a written LQA manual that addresses the following:
(1)Quality control procedures;
(2) Laboratory organization and employee training and responsibilities;
(3) LQA objectives for measurement data;
(4)Traceability of data and analytical results;
(5) Instrument maintenance, calibration procedures, and frequency;
(6)Performance and system audits;
(7)Corrective action procedures;
(8) Steps to change processes when necessary;
(9) Record retention and document control;
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(10) Test procedure standardization; and
(11) Method validation.
(b)The supervisory or management laboratory employee shall annually review, amend if
necessary, and approve the LQA program and manual both when they are created and when there
is a change in methods, laboratory equipment, or the supervisory or management laboratory
employee.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104
and 26110, Business and Professions Code.
§ 5730. Laboratory Quality Control (LQC) Samples
(a)The laboratory shall use LQC samples in the performance of each analysis according to the
following specifications.
(b)The laboratory shall analyze LQC samples in the same manner as the laboratory analyzes
cannabis goods samples.
(c)The laboratory shall use at least one negative and one positive control in each analytical batch
for each target organism during microbial testing. If one of the controls produces unexpected
results, the samples shall be re-prepped and reanalyzed with a new set of controls.
(d) If the result of the microbial analyses is outside the specified acceptance criteria in the
following table, the laboratory shall determine the cause and take steps to remedy the problem
until the result is within the specified acceptance criteria.
Laboratory Quality
Control Sample
Acceptance Criteria Corrective Action
Positive control Produces expected
result, positive result
Re-prep and reanalyze the entire
analytical batch, once. If problem persists,
locate and remedy the source of
unexpected result, then re-prep samples
and reanalyze with a new set of controls.
Negative control Produces expected
result, negative result
Re-prep and reanalyze the entire
analytical batch, once. If problem persists,
locate and remedy the source of
unexpected result, then re-prep samples
and reanalyze with a new set of controls.
Laboratory replicate
sample
Sample results must
concur
Reanalyze sample and associated replicate
sample once. If problem persists re-prep
samples and reanalyze.
(e) The laboratory shall prepare and analyze at least one of each of the following LQC samples
for each analytical batch:
(1)Method blank;
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(2) Laboratory control sample (LCS); and
(3)Laboratory replicate sample or matrix spike sample.
(f)The laboratory shall analyze, at minimum, a continuing calibration verification (CCV) sample
at the beginning of each analytical sequence and every 10 samples thereafter.
(g) If the result of the chemical analyses is outside the specified acceptance criteria in the
following table, the laboratory shall determine the cause and take steps to remedy the problem
until the result is within the specified acceptance criteria.
Laboratory Quality
Control Sample
Acceptance Criteria Corrective Action
Method blank sample Not to exceed LOQ Reanalyze entire analytical batch once. If
method blank is still greater than the LOQ
for any analyte, locate the source of
contamination then re-prep samples and
reanalyze.
LCS Percent recovery 70% -
130%
Reanalyze the entire analytical batch,
once. If problem persists, re-prep samples
and reanalyze or re-run the initial
calibration curve.
Laboratory replicate
sample
RPD ≤30% Reanalyze sample and associated replicate
sample once. If problem persists re-prep
samples and reanalyze.
Matrix spike sample Percent recovery
between 70% to 130%
Reanalyze sample and associated matrix
spike sample once. If problem persists re-
prep samples and reanalyze.
CCV Percent recovery
between 70% to 130%
Reanalyze all samples that followed the
last CCV that met the acceptance criteria.
If CCV still fails, re-run the initial
calibration curve and all samples in the
analytical sequence.
(h) If any analyte is detected above any action level, as described in this chapter, the sample shall
be re-prepped and reanalyzed in replicate within another analytical batch.
(1)For quantitative analyses, the re-prepped sample and its associated replicate must meet the
acceptance criteria of RPD ≤30%.
(2)For qualitative analyses, the re-prepped sample and its associated replicate results must
concur.
(i) If any LQC sample produces a result outside of the acceptance criteria the laboratory cannot
report the result and the entire batch cannot be released for retail sale. The laboratory shall
determine the cause and take steps to remedy the problem until the result is within the specified
acceptance criteria.
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(j) If the laboratory determines that the result is a false-positive or a false-negative, The Bureau
may request the laboratory to re-sample or re-test.
(k) The laboratory shall compile and generate one LQC sample report for each analytical batch
that includes LQC acceptance criteria, measurements, analysis date, and matrix.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104
and 26110, Business and Professions Code.
§ 5731. Limits of Detection (LOD) and Limits of Quantitation (LOQ) for Quantitative
Analyses
(a)The laboratory shall calculate the LOD for chemical method analyses according to any of the
following methods:
(1) Signal-to-noise ratio of between 3:1 and 2:1;
(2)Standard deviation of the response and the slope of calibration curve using a minimum of 7
spiked blank samples calculated as follows;
LOD = (3.3 x standard deviation of the response) / slope of the calibration curve; or
(3)A method published by the United States Food and Drug Administration (USFDA) or the
United States Environmental Protection Agency (USEPA).
(b)The laboratory shall calculate the LOQ for chemical method analyses according to any of the
following methods:
(1) Signal-to-noise ratio of 10:1, at minimum;
(2)Standard deviation of the response and the slope using a minimum of 7 spiked blank samples
calculated as follows:
LOQ = (10 × standard deviation of the response) / slope of the calibration curve; or
(3)A method published by the USFDA or the USEPA.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104
and 26110, Business and Professions Code.
§ 5732. Data Package
(a)The laboratory shall compile and generate one data package for each representative sample
that the laboratory analyzes. At a minimum, the data package shall contain the following:
(1)The name, physical address, and license number of the laboratory that performed the
analytical procedures;
(2) The name(s), title(s), and signature(s) of the laboratory employee(s) that performed the
sample preparation, analyses, data review, and final approval;
(3) All batch sample results and batch LQC sample results;
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(4) Date stamped raw data, including instrument raw data, such as chromatograms for each
sample, if any;
(5) Instrument test method with parameters, if any;
(6) Instrument tune report, if any;
(7) Instrument calibration data, if any;
(8) LQC sample report that includes LQC acceptance criteria, measurements, analysis date, and
matrix;
(9)Worksheets, forms, pictures, or copies of laboratory notebook pages and any other pertinent
documentation related to the identification and traceability of all reagents, reference materials,
and standards used for analysis;
(10) Analytical sequence, if any;
(11)Shipping manifest, as required under this division;
(12) The COC form; and
(13)The COA created as required under this chapter.
(b)After the data package is compiled, and prior to the release of the COA, the supervisory or
management laboratory employee shall do the following:
(1)Review the analytical results for technical correctness and completeness;
(2) Verify that the results of each analysis carried out by the laboratory are reported accurately,
clearly, unambiguously, and objectively; and
(3)Approve the laboratory results by signing and dating the data package.
(c)The data package shall be kept for a minimum of 7 years and shall be made available upon
request by the Bureau.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104,
26110 and 26160, Business and Professions Code.
§ 5733. Required Proficiency Testing
(a)The laboratory shall participate in a proficiency testing program provided by an organization
that operates in conformance with the requirements of ISO/IEC 17043, at least once every six
months.
(b)The laboratory shall annually, successfully participate in a proficiency testing program for
each of the following test methods:
(1)Cannabinoids;
(2)Heavy metals;
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(3)Microbial impurities;
(4)Mycotoxins;
(5)Residual pesticides;
(6)Residual solvents and processing chemicals; and
(7) If tested, terpenoids.
(c)The laboratory shall report all analytes available by the proficiency testing program provider
and for which the licensee is required to test as required under this chapter.
(d) The laboratory shall participate in the proficiency testing program by following the
laboratory’s existing SOPs for testing cannabis goods.
(e) The laboratory shall rotate the proficiency testing program among the laboratory employees
who perform the test methods.
(f) Laboratory employees who participate in a proficiency testing program shall sign the
corresponding analytical reports or attestation statements to certify that the proficiency testing
program was conducted in the same manner as the laboratory tests of cannabis goods.
(g) A supervisory or management laboratory employee shall review and verify the accuracy of
results reported for all proficiency testing program samples analyzed.
(h) The laboratory shall request the proficiency testing program provider to send results
concurrently to the Bureau, if available, or the laboratory shall provide the PT program results to
the Bureau within 3 business days after the laboratory receives notification of their test results
from the proficiency testing program provider.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100 and
26110, Business and Professions Code.
§ 5734. Satisfactory and Unsatisfactory Proficiency Test Performance
(a)The laboratory shall be deemed to have successfully participated in a proficiency testing
program for an analyte tested in a specific method if the test results demonstrate a “satisfactory”
or otherwise proficient performance determination by the proficiency testing program provider.
(b)The laboratory may not report test results for analytes that are deemed by the proficiency
testing program provider as “unacceptable,” “questionable,” “unsatisfactory”, or otherwise
deficient.
(c)The laboratory may resume reporting test results for analytes that were deemed
“unacceptable,” “questionable,” “unsatisfactory”, or otherwise deficient, only if both of the
following conditions are met:
(1)The laboratory satisfactorily remedies the cause of the failure for each analyte; and
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(2)The laboratory submits, to the Bureau, a written corrective action report demonstrating how
the laboratory has fixed the cause of the failure.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100 and
26110, Business and Professions Code.
§ 5735. Laboratory Audits
(a)The laboratory shall conduct an internal audit at least once per year or in accordance with the
ISO/IEC 17025 accrediting body’s requirement, whichever is more frequent.
(b)The internal audit must include all of the components required by the ISO/IEC 17025
internal-audit standards.
(c)Within 3 business days of completing the internal audit, the laboratory shall submit the results
of the internal audit to the Bureau.
(d)Within 3 business days of receiving the Accrediting Body on-site audit findings the
laboratory shall submit the results to the Bureau.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26100 and
26104, Business and Professions Code.
Article 8. Laboratory Employee Qualifications
§ 5736. General Laboratory Employee Qualifications
(a)The laboratory may only employ persons who are at least 21 years of age.
(b)The laboratory shall develop and implement an employee training program to ensure
competency of laboratory employees for their assigned functions.
(c)The laboratory shall ensure and document that each laboratory employee meets the employee
qualifications.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26102 and
26104, Business and Professions Code.
§ 5737. Supervisor or Management Responsibilities and Qualifications
(a)The laboratory shall employ a supervisor or management employee who must be responsible
for:
(1)Overseeing and directing the scientific methods of the laboratory;
(2)Ensuring that the laboratory achieves and maintains a laboratory quality assurance program
as required by section 5729 of this division; and
(3)Providing ongoing and appropriate training to laboratory employees.
(b)To be considered qualified, the supervisor or management employee must have at minimum:
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(1)A doctoral degree in biological, chemical, agricultural, environmental, or related sciences
from an accredited college or university;
(2)A master’s degree in biological, chemical, agricultural, environmental, or related sciences
from an accredited college or university, plus at least 2 years of full-time practical experience;
(3)A bachelor’s degree in biological, chemical, agricultural, environmental, or related sciences
from an accredited college or university, plus at least 4 years of full-time practical experience; or
(4) A bachelor’s degree in any field from an accredited college or university, plus at least 8 years
of full-time practical experience, 4 years of which must have been in a supervisory or
management position.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26102 and
26104, Business and Professions Code.
§ 5738. Analyst and Sampler Qualifications
(a)The laboratory shall employ an analyst who, at minimum, must have either:
(1) Earned a master’s degree or a bachelor’s degree in biological, chemical, agricultural,
environmental, or related sciences from an accredited college or university; or
(2)Completed 2 years of college or university education that included coursework in biological,
chemical, agricultural, environmental, or related sciences from an accredited college or
university, plus at least 3 years of full-time practical experience.
(b)The laboratory shall employ a sampler who, at minimum, must have either:
(1)Completed 2 years college or university education; or
(2)Earned a High School Diploma or passed a General Educational Development or High
School Equivalency exam, plus at least 1 year of full-time practical experience.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26102 and
26104, Business and Professions Code.
Article 9. Record Retention
§ 5739. Records
All laboratory records described in this chapter shall be maintained in accordance with section
5037 of this division.
Authority: Section 26013, Business and Professions Code. Reference: Section 26160, Business
and Professions Code.
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Chapter 7. ENFORCEMENT
§ 5800. Right of Access
(a)The Bureau, and its authorized representatives, shall have full and immediate access to
inspect and:
(1) Enter onto any premises licensed by the Bureau.
(2)Test any vehicle or equipment possessed by, in control of, or used by a licensee or their
agents and employees for the purpose of conducting commercial cannabis activity.
(3)Test any cannabis goods or cannabis-related materials or products possessed by, in control of,
or used by a licensee or their agents and employees for the purpose of conducting commercial
cannabis activity.
(4)Copy any materials, books, or records of any licensee or their agents and employees.
(b)Failure to cooperate with and participate in any Bureau investigation pending against the
licensee may result in a licensing violation subject to discipline. This subsection shall not be
construed to deprive a licensee of any privilege guaranteed by the Fifth Amendment to the
Constitution of the United States, or any other constitutional or statutory privileges. This
subsection shall not be construed to require a licensee to cooperate with a request that would
require the licensee to waive any constitutional or statutory privilege or to comply with a request
for information or other matters within an unreasonable period of time in light of the time
constraints of the licensee’s business. Any constitutional or statutory privilege exercised by the
licensee shall not be used against the licensee in a regulatory or disciplinary proceeding against
the licensee.
(c)The Bureau, and its authorized representatives, shall have the rights of immediate access
under subsection (a) of this section, during any inspection, investigation, review, or audit, or as
otherwise allowed by law.
(d)Prior notice of an inspection, investigation, review, or audit is not required.
(e)Any inspection, investigation, review, or audit of a licensed premises shall be conducted
anytime the licensee is exercising privileges under the license, or as otherwise agreed to by the
Bureau and the licensee or its agents, employees, or representatives.
(f) If the licensed premises is not accessible because access is only available by going through
another licensed premises and the licensee occupying the other licensed premises denies the
Bureau access, the licensees shall both be held responsible and subject to discipline.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26012, 26015
and 26160, Business and Professions Code; and Section 11181, Government Code.
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§ 5801. Notice to Comply
(a)The Bureau may issue a notice to comply to a licensee for violation(s) of the Act or
regulations observed during an inspection.
(b)The notice to comply shall be in writing and describe the nature and facts of each violation,
including a reference to the statute or regulation violated, and may indicate the manner in which
the licensee must correct the violation(s) to achieve compliance.
(c)The Bureau will serve the notice to comply prior to leaving the licensed premises after the
inspection on any licensee, employee, agent, or person delegated by any of the aforementioned
persons, to facilitate the inspection or accept such notice, or will mail the notice to comply within
15 calendar days of the last date of inspection.
(d)The notice to comply shall inform the licensee that the licensee may, within 15 calendar days
from the date of personal service or mailing of the notice to comply, sign and return the notice to
comply declaring under penalty of perjury that each violation was corrected and describing how
compliance was achieved.
(e) Failure to correct the violation(s) in the notice to comply may result in a disciplinary action.
Authority: Section 26013, Business and Professions Code; Reference: Sections 26012 and
26018, Business and Professions Code.
§ 5802. Citations; Orders of Abatement; Administrative Fines
(a)The Bureau may issue citations containing orders of abatement and fines against a licensee,
or an unlicensed person, for any acts or omissions which are in violation of any provision of the
Act or any regulation adopted pursuant thereto, or for any violation of state law or regulations
applicable to cannabis licensees, including but not limited to state labor law.
(b)The Bureau may issue a citation under this section to a licensee for a violation of a term or
condition contained in a decision placing that licensee on probation.
(c)Each citation:
(1)Shall be in writing.
(2)Shall describe with particularity the nature of the violation, including a reference to the law
or regulation determined to have been violated.
(3)May contain an assessment of an administrative fine of up to $5,000, and/or an order of
abatement fixing a reasonable time for abatement of the violation;
(4)Shall be served personally or by certified mail; and
(5)Shall inform the licensee or person that he or she may request an informal conference, or
contest the citation, or both, pursuant to section 5803 of this division.
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(d)Failure to pay a fine within 30 calendar days of the date of assessment, unless the citation is
being contested, may result in further action being taken by the Bureau including, but not limited
to, suspension or revocation of a license. If a citation is not appealed and the fine is not paid, the
full amount of the assessed fine shall be added to the fee for renewal of the license. A license
shall not be renewed without the payment of the renewal fee and fine.
(e)The amount of any fine to be levied by the Bureau shall take into consideration the factors
listed in Business and Professions Code section 125.9(b)(3).
(f)Nothing in this section shall be deemed to prevent the Bureau from filing an accusation to
suspend or revoke a license where grounds for such suspension or revocation exist.
Authority: Sections 125.9 and 26013, Business and Professions Code. Reference: Sections 125.9,
148, 149 and 26012, Business and Professions Code.
§ 5803. Contesting Citations
(a)A cited licensee or person may, within 30 calendar days of service of the citation, contest the
citation by requesting a hearing in writing to the Bureau or such hearing is waived. The hearing
shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of the Government Code.
(b) In addition to requesting a hearing provided for in subsection (a) of this section, the cited
licensee or person may, within 15 calendar days after service of the citation, submit a written
request for an informal conference with the Bureau regarding the acts or omissions charged in
the citation.
(c)The Bureau shall, within 15 calendar days from receipt of the written request, hold an
informal conference with the licensee or person cited, and/or his or her legal counsel or
authorized representative.
(d)At the conclusion of the informal conference, the Bureau may affirm, modify, or dismiss the
citation, including any fines levied or orders of abatement issued. A written decision stating the
reasons for the decision shall be mailed to the cited licensee or person and his or her legal
counsel, if any, within 15 calendar days from the date of the informal conference. This decision
shall be deemed to be a final order with regard to the citation issued, including the levied fine
and the order of abatement, if any.
(e) If the citation is dismissed, any request for a hearing shall be deemed withdrawn. If the
citation is affirmed or modified, the cited licensee or person may, in his or her discretion,
withdraw the request for a hearing or proceed with the administrative hearing process.
(f) If the citation, including any fine levied or order of abatement, is modified, the citation
originally issued shall be considered withdrawn and new citation issued. If a hearing is requested
for the subsequent citation, it shall be requested within 30 calendar days in accordance with
Business and Professions Code section 125.9(b)(4).
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Authority: Section 26013, Business and Professions Code. Reference: Sections 125.9, 26012 and
26016, Business and Professions Code.
§ 5804. Citation Compliance
(a)The time to abate or correct a violation as provided for in an order of abatement may be
extended for good cause. If a cited licensee or person who has been issued an order of abatement
is unable to complete the correction within the time set forth in the citation because of conditions
beyond his or her control after the exercise of reasonable diligence, the licensee or person cited
may request an extension of time from the Bureau in which to complete the correction. Such a
request shall be in writing and shall be made within the time set forth for abatement.
(b)When a citation is not contested, or if it is appealed and the person cited does not prevail,
failure to abate the violation within the time allowed or pay a fine that was imposed shall
constitute a violation and a failure to comply with the citation or order of abatement.
(c) Failure to timely comply with an order of abatement or pay a fine that was imposed may
result in further action being taken by the Bureau, including, but not limited to, suspension or
revocation of a license, or further administrative or civil proceedings.
Authority: Section 26013, Business and Professions Code. Reference: Sections 125.9 and 26012,
Business and Professions Code.
§ 5805. Minor Decoys
(a)Peace officers may use a person under 21 years of age to attempt to purchase cannabis goods,
for the purposes of enforcing the Act, and to apprehend licensees, employees, or agents of
licensees who sell cannabis goods to minors. For purposes of this section, a “minor” is a person
under 21 years of age.
(b)The following minimum standards shall apply to the use of a minor decoy:
(1)At the time of the operation, the decoy shall be less than 20 years of age.
(2) A decoy shall either carry his or her own identification showing the decoy’s correct date of
birth, or carry no identification. A decoy who carries identification shall present it upon request
to any seller of cannabis goods.
(3)A decoy shall answer truthfully any questions about his or her age.
(4)Following any completed sale, but not later than the time a citation, if any, is issued, the
peace officer directing the decoy shall make a reasonable attempt to enter the licensed premises
or respond to the location where the licensee is located and have the minor decoy who purchased
cannabis goods identify the alleged seller of the cannabis goods.
Authority: Sections 26013 and 26140, Business and Professions Code. Reference: Section
26140, Business and Professions Code.
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§ 5806. Attire and Conduct
No license shall allow the following:
(a)Employment or use of any person in the sale or service of cannabis goods in or upon the
licensed premises while such person is unclothed or in such attire, costume, or clothing as to
expose to view any portion of the male or female breast below the top of the areola or of any
portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals.
(b)Employment or use of the services of any host or other person to mingle with the patrons
while such hostess or other person is unclothed or in such attire, costume, or clothing as
described in subsection (a)(1) of this section.
(c)Encouraging or permitting any person on the licensed premises to touch, caress, or fondle the
breasts, buttocks, anus, or genitals of any other person.
(d)Permitting any employee or person to wear or use any device or covering, exposed to view,
which simulates the breast, genitals, anus, pubic hair, or any portion thereof.
Authority: Section 26013, Business and Professions Code. Reference: 26011.5, Business and
Professions Code.
§ 5807. Entertainers and Conduct
(a) Live entertainment is permitted on a licensed premises, except that no licensee shall permit
any person to perform acts of or acts that simulate:
(1)Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any
sexual acts that are prohibited by law.
(2)Touching, caressing, or fondling of the breast, buttocks, anus, or genitals.
(3)Displaying of the buttocks, breasts, pubic hair, anus, vulva, or genitals.
(b)No licensee shall permit any person to use artificial devices or inanimate objects to depict any
of the prohibited activities described above.
(c)No licensee shall permit any person to remain in or upon the licensed premises who exposes
to public view any portion of his or her breast, buttocks, genitals, or anus.
Authority: Section 26013, Business and Professions Code. Reference: 26011.5, Business and
Professions Code.
§ 5808. Additional Grounds for Discipline
The following include, but are not limited to, additional grounds that constitute a basis for
disciplinary action:
(a) Failure to pay a fine imposed by the Bureau or agreed to by the licensee.
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(b)Failure to take reasonable steps to correct objectionable conditions on the licensed premises,
including the immediately adjacent area that is owned, leased, or rented by the licensee, that
constitute a nuisance, within a reasonable time after receipt of notice to make those corrections,
under Penal Code section 373a.
(c) Failure to take reasonable steps to correct objectionable conditions that occur during
operating hours on any public sidewalk abutting a licensed premises and constitute a nuisance,
within a reasonable time after receipt of notice to correct those conditions from the Bureau. This
subsection shall apply to a licensee only upon written notice to the licensee from the Bureau. The
Bureau shall issue this written notice upon its own determination, or upon a request from the
local law enforcement agency in whose jurisdiction the licensed premises is located, that is
supported by substantial evidence that persistent objectionable conditions are occurring on the
public sidewalk abutting the licensed premises. For purposes of this subsection:
(1) “Any public sidewalk abutting a licensed premises” means the publicly owned, pedestrian-
traveled way, not more than 20 feet from the licensed premises, that is located between a
licensed premises, including any immediately adjacent area that is owned, leased, or rented by
the licensee, and a public street
(2)“Objectionable conditions that constitute a nuisance” means disturbance of the peace, public
intoxication, drinking alcoholic beverages in public, smoking or ingesting cannabis or cannabis
products in public, harassment of passersby, gambling, prostitution, loitering, public urination,
lewd conduct, drug trafficking, or excessive loud noise.
(3)“Reasonable steps” means all of the following:
(A)Calling the local law enforcement agency. Timely calls to the local law enforcement agency
that are placed by the licensee, or his or her agents or employees, shall not be construed by the
Bureau as evidence of objectionable conditions that constitute a nuisance.
(B)Requesting those persons engaging in activities causing objectionable conditions to cease
those activities, unless the licensee, or his or her agents or employees, feel that their personal
safety would be threatened in making that request.
(C)Making good faith efforts to remove items that facilitate loitering, such as furniture, except
those structures approved or permitted by the local jurisdiction. The licensee shall not be liable
for the removal of those items that facilitate loitering.
(4)When determining what constitutes “reasonable steps,” the Bureau shall consider site
configuration constraints related to the unique circumstances of the nature of the business.
(d)Notwithstanding that the licensee corrects the objectionable conditions that constitute a
nuisance, the licensee has a continuing obligation to meet the requirements of subsections (a) and
(b) of this section, and failure to do so shall constitute grounds for disciplinary action.
(e) If a licensee has knowingly permitted the illegal sale, or negotiations for the sales, of
controlled substances or dangerous drugs upon his or her licensed premises. Successive sales, or
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negotiations for sales, over any continuous period of time shall be deemed evidence of
permission. As used in this section, “controlled substances” shall have the same meaning as is
given that term in Article 1 (commencing with Section 11000) of Chapter 1 of Division 10 of the
Health and Safety Code, and “dangerous drugs” shall have the same meaning as is given that
term in Article 2 (commencing with Section 4015) of Chapter 9 of Division 2 of the Business
and Professions Code.
(f) If the licensee has employed or permitted any persons to solicit or encourage others, directly
or indirectly, to buy such persons cannabis goods in the licensed premises under any
commission, percentage, salary, or other profit-sharing plan, scheme, or conspiracy.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26011.5 26012,
26030, and 26031, Business and Professions Code.
§ 5809. Disciplinary Actions
(a)When an accusation recommending disciplinary action against a license has been filed
pursuant to Business and Professions Code section 26031, the accusation shall be served on the
licensee in accordance with Government Code section 11505.
(b)A hearing shall be conducted in accordance with the provisions of Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code to determine if
cause exists to take action against the licensee. At such a hearing, the Bureau shall have all the
powers granted therein and by the Business and Professions Code.
(c) If a hearing on an accusation against a licensee results in a finding that the licensee has
committed any of the acts or omissions constituting grounds for disciplinary action, the Bureau
may order the license revoked, suspended outright for a specified period of time, or suspended
on probationary restriction for a specified period of time on such terms and conditions of
probation as in its judgment are supported by its findings, impose a fine, or any combination
thereof. The Bureau may also issue such other lawful orders it considers to be appropriate on the
basis of its findings.
(d) An accusation may be terminated by written stipulation at any time prior to the conclusion of
the hearing on the accusation. If a licensee submits a proposed stipulation to the Bureau for its
consideration and the Bureau subsequently declines to accept the proposed stipulation, the
Bureau shall not thereafter be disqualified from hearing evidence on the accusation and taking
action thereon as authorized in this section.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26012, 26031
and 26034, Business and Professions Code.
§ 5810. Interim Suspension
(a)Pursuant to Business and Professions Code section 494, the Bureau may petition for an
interim order to suspend any license or impose licensing restrictions upon any licensee, if:
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(1) The licensee has engaged in acts or omissions constituting a violation of the Business and
Professions Code or this division, or been convicted of a crime substantially related to the
licensed activity, and
(2)Permitting the licensee to continue to engage in the licensed activity would endanger the
public health, safety, or welfare.
(b)An interim order for suspension or restrictions may issue with notice, as follows:
(1)The Bureau shall provide the licensee with at least 15 days’ notice of the hearing on the
petition for an interim order.
(2)The notice shall include documents submitted in support of the petition.
(c)An interim order for suspension or restrictions may issue without notice to the licensee, as
follows:
(1) If it appears from the Bureau’s petition and supporting documents that serious injury would
result to the public before the matter could be heard on notice.
(2)The Bureau shall provide the licensee with a hearing on the petition within 20 days after
issuance of the initial interim order.
(3)Notice of the hearing shall be provided within two days after issuance of the initial interim
order.
(d)The Bureau shall file an accusation, pursuant to Chapter 5 (commencing with Section 11500)
of Part 1 of Division 3 of Title 2 of the Government Code, within 15 calendar days of the
issuance of the interim order.
Authority: Section 26013, Business and Professions Code; Reference: Sections 494, 26011.5,
26012 and 26031, Business and Professions Code.
§ 5811. Posting of Notice of Suspension
(a)A licensee whose license has been suspended shall conspicuously and continuously display a
notice on the exterior of the licensee’s premises for the duration of the suspension.
(b)The notice shall be two feet in length and 14 inches in width. The notice shall read:
NOTICE OF SUSPENSION
The Bureau of Cannabis Control License(s)
Issued For This Premises Has Been Suspended
For Violation of State Law
(c)Advertising or posting signs to the effect that the licensed premises has been closed or that
business has been suspended for any reason other than the reason provided in the decision
suspending the license, shall be deemed a violation of this section.
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(d)Failure to display the notice as required in this section or removal of the notice prior to the
expiration of the suspension shall be a violation of this section and may result in additional
disciplinary action.
(e)A licensee shall notify the Bureau within 24 hours of discovering that the notice under
subsection (b) of this section has been removed or damaged to an extent that makes the notice
illegible.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26011.5 and
26012, Business and Professions Code.
§ 5812. Posting of Notice of Revocation
(a)A licensee whose license has been revoked shall conspicuously display a notice on the
exterior of the licensee’s premises indicating that the license has been revoked. The notice shall
remain continuously on the licensed premises for at least 15 calendar days.
(b)The notice shall be two feet in length and 14 inches in width. The notice shall read:
NOTICE OF REVOCATION
The Bureau of Cannabis Control License(s)
Issued For This Premises Has Been Revoked
For Violation of State Law
(c) Advertising or posting signs to the effect that the licensed premises has been closed or that
business has been suspended for any reason other than the reason provided in the decision
revoking the license shall be deemed a violation of this section.
(d) If the Bureau revokes a license at a licensed premises that has one or more licenses at the
location that will remain active after the revocation, the revocation notice shall remain posted for
a period of at least 15 calendar days.
(e) Failure to display for the time required in this section shall be a violation of this section and
may result in additional disciplinary action.
(f)A licensee shall notify the Bureau within 24 hours of discovering that the notice under
subsection (b) of this section has been removed or damaged to an extent that makes the notice
illegible.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26011.5 and
26012, Business and Professions Code.
§ 5813. Enforcement Costs
(a) In any order in resolution of a disciplinary proceeding for suspension or revocation of a
license, the Bureau may request the administrative law judge to direct a licensee found to have
committed a violation or violations of the Act, or any regulation adopted pursuant to the Act, to
pay a sum not to exceed the reasonable costs of the investigation and enforcement of the case.
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(b)A certified copy of the actual costs, or a good faith estimate of costs where actual costs are
not available, signed by the Bureau’s designated representative shall be prima facie evidence of
reasonable costs of investigation and prosecution of the case. The costs shall include the amount
of investigative and enforcement costs up to the date of the hearing, including, but not limited to,
charges imposed by the Attorney General.
(c) The administrative law judge shall make a proposed finding of the amount of reasonable
costs of investigation and prosecution of the case when requested pursuant to subsection (a). The
Bureau may reduce or eliminate the cost award, or remand to the administrative law judge where
the proposed decision fails to make a finding on costs requested pursuant to subsection (a).
(d)Where an order for recovery of costs is made and timely payment is not made as directed in
the decision, the Bureau may enforce the order for repayment in any appropriate court. This right
of enforcement shall be in addition to any other rights the Bureau may have as to any licensee to
pay costs.
(e) In any action for recovery of costs, proof of the decision shall be conclusive proof of the
validity of the order of payment and the terms for payment.
(f)Except as provided in subsection (g) of this section, the Bureau shall not renew or reinstate
any license of any licensee who has failed to pay all of the costs ordered under this division.
(g)Notwithstanding subsection (f) of this section, the Bureau may, in its discretion, conditionally
renew or reinstate for a maximum of one year the license of any licensee who demonstrates
financial hardship and who enters into a formal agreement with the Bureau for reimbursement
within that one-year period for the unpaid costs.
(h)Nothing in this section shall preclude the Bureau from including the recovery of the costs of
investigation and enforcement of a case in any stipulated settlement.
Authority: Section 26013, Business and Professions Code; Reference: Sections 125.3, 26012,
and 26031, Business and Professions Code
§ 5814. Disciplinary Guidelines
In reaching a decision on a disciplinary action under the Act and the Administrative Procedures
Act (Govt. Code section 11400 et seq.), the Bureau shall consider the disciplinary guidelines
entitled “Bureau of Cannabis Control Disciplinary Guidelines November 2017,” which are
hereby incorporated by reference. Deviation from these guidelines and orders, including the
standard terms of probation, is appropriate where the Bureau in its sole discretion determines that
the facts of the particular case warrant such a deviation, e.g., the presence of mitigating factors,
the age of the case, or evidentiary problems.
Authority: Section 26013, Business and Professions Code; Reference: Section 26012, 26031,
Business and Professions Code.
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§ 5815. Emergency Decision and Order
(a)The Bureau may issue an emergency decision and order for temporary, interim relief to
prevent or avoid immediate danger to the public health, safety, or welfare. Such circumstances
include, but are not limited to, the following:
(1)The Bureau has information that cannabis goods at a licensee’s premises have a reasonable
probability of causing serious adverse health consequences or death.
(2)To prevent the sale, transfer, or transport of contaminated or illegal cannabis goods in
possession of the licensee.
(3)The Bureau observes or has information that conditions at the licensee’s premises exist that
present an immediate risk to worker or public health and safety.
(4)To prevent illegal diversion of cannabis goods, or other criminal activity at the licensee’s
premises.
(5)To prevent the destruction of evidence related to illegal activity or violations of the Act.
(6)To prevent misrepresentation to the public, such as selling untested cannabis goods,
providing inaccurate information about the cannabis goods, or cannabis goods that have been
obtained from an unlicensed person.
(b)Temporary, interim relief, may include a suspension or administrative hold by one or more of
the following:
(1) The temporary suspension of a license.
(2) An order to segregate or isolate specific cannabis goods.
(3) An order prohibiting the movement of cannabis goods to or from the premises.
(4)An order prohibiting the sale of specific cannabis goods.
(5)An order prohibiting the destruction of specific cannabis goods.
(c)The emergency decision and order issued by the Bureau shall include a brief explanation of
the factual and legal basis of the emergency decision that justify the Bureau’s determination that
emergency action is necessary, and the specific actions ordered. The emergency decision and
order shall be effective when issued or as otherwise provided by the decision and order.
(d)To issue an administrative hold which prohibits activity related to specified cannabis goods,
the Bureau shall comply with the following:
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(1)The notice of the administrative hold shall include a description of the cannabis goods subject
to the administrative hold.
(2)Following notice, the Bureau shall identify the cannabis goods subject to the administrative
hold in the track and trace system.
(e)A licensee subject to an administrative hold shall comply with the following:
(1)Within 24 hours of receipt of the notice of administrative hold, physically segregate all
designated cannabis goods in a limited access area of the licensed premises. The licensee shall
ensure that all cannabis goods subject to the administrative hold are safeguarded and preserved in
a manner that prevents tampering, degradation, or contamination.
(2)While the administrative hold is in effect, the licensee shall not sell, donate, transfer,
transport, gift, or destroy the cannabis goods subject to the hold.
(3)A microbusiness licensee subject to an administrative hold may continue to cultivate any
cannabis subject to an administrative hold. If the cannabis subject to the hold must be harvested,
the licensee shall place the harvested cannabis into separate batches.
(4)A licensee may voluntarily surrender cannabis goods that are subject to an administrative
hold. The licensee shall identify the cannabis goods being voluntarily surrendered in the track
and trace system. Voluntary surrender shall not be construed to waive the right to a hearing or
any associated rights.
(f)To issue a temporary suspension the Bureau shall specify in the order that the licensee shall
immediately cease conducting all commercial cannabis activities under its license, unless
otherwise specified in the order.
(g)A microbusiness licensee subject to a temporary suspension may continue to cultivate
cannabis at the licensed premises only as prescribed by the Bureau in the order. If the order
permits the cannabis to be harvested, the licensee shall place the harvested cannabis into separate
batches.
(h)The emergency decision and order for temporary, interim relief shall be issued in accordance
with the following procedures:
(1)The Bureau shall give notice of the emergency decision and order and an opportunity to be
heard to the licensee prior to the issuance, or effective date, of the emergency decision and order,
if practicable.
(2)Notice and hearing under this section may be oral or written and may be provided by
telephone, personal service, mail, facsimile transmission, electronic mail, or other electronic
means, as the circumstances permit.
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(3)Notice may be given to the licensee, any person meeting the definition of owner for the
license, or to the manager or other personnel at the premises.
(4)Upon receipt of the notice, the licensee may request a hearing within three (3) business days
by submitting a written request for hearing to the Bureau through electronic mail, facsimile
transmission, or other written means. The hearing shall commence within five (5) business days
of receipt of the written request for hearing, unless a later time is agreed upon by the Bureau and
the licensee.
(5) The hearing may be conducted in the same manner as an informal conference under section
5803 of this division however, the timeframes provided in section 5803 shall not apply to a
hearing under this section. Pre-hearing discovery or cross-examination of witnesses is not
required under this section.
(6)Following the hearing, the emergency decision and order shall be affirmed, modified, or set
aside as determined appropriate by the Bureau within five (5) business days of the hearing.
(i)Within ten (10) days of the issuance or effective date of the emergency decision and order for
temporary, interim relief, the Bureau shall commence adjudicative proceedings in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code to resolve the underlying issues giving rise to the temporary, interim relief,
notwithstanding the pendency of proceedings for judicial review of the emergency decision as
provided in subsection (k).
(j)After formal proceedings pursuant to subsection (i) of this section are held, a licensee
aggrieved by a final decision of the Bureau may appeal the decision to the Cannabis Control
Appeals Panel pursuant to Section 26043 of the Act.
(k)Notwithstanding administrative proceedings commenced pursuant to subsection (i), the
licensee may obtain judicial review of the emergency decision and order pursuant to section
1094.5 of the Code of Civil Procedure in the manner provided in Section 11460.80 of the
Government Code without exhaustion of administrative remedies.
(l) The Bureau’s authority provided by this section may be used in addition to any civil, criminal,
or other administrative remedies available to the Bureau.
Authority: Section 26013, Business and Professions Code and Section 11460.30, Government
Code. Reference: Section 26012, Business and Professions Code, Sections 11460.10, 11460.20,
11460.30, 11460.40, 11460.50, 11460.60, 11460.70, 11460.80, Government Code.
Chapter 8. OTHER PROVISIONS
Article 1. Research Funding
§ 5900. Eligibility
(a)Only public universities in California shall be eligible to be selected to receive funds
disbursed pursuant to Revenue and Taxation Code section 34019(b).
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(b)Subject to available funding, the amounts to be disbursed to the university or universities will
not exceed the sum of ten million dollars ($10,000,000) for each fiscal year, ending with the
2028-2029 fiscal year.
Authority: Section 26013, Business and Professions Code and Section 34019, Revenue and
Taxation Code; Reference: Section 34019, Revenue and Taxation Code.
§ 5901. Request for Proposals
A Request for Proposal (RFP) is the document issued by the Bureau, which notifies all eligible
fund recipients of the following, at a minimum:
(a)The funding available for research related to the Act or regulations adopted pursuant thereto;
(b)Disbursement of funds to eligible applicants through a review and selection process,
including the criteria that will be used for review and selection;
(c)The specified timeframes for the proposal review and selection process, including the
deadline for submission of proposals.
(d)Proposal requirements, including necessary documentation;
(e)Any priorities or restrictions imposed upon the use of the funds;
(f)The governing statutes and regulations; and
(g)The name, address, and telephone number of a contact person within the Bureau, who can
provide further information regarding the process for submission of proposals.
Authority: Section 26013, Business and Professions Code and Section 34019, Revenue and
Taxation Code; Reference: Section 34019, Revenue and Taxation Code.
§ 5902. Selection Process and Criteria
(a)The selection process shall involve eligible proposals timely received by the Bureau, in
response to an applicable RFP, or similar notice.
(b)The Bureau will consider only one proposal per applicant for a given research project.
Applicants may submit more than one proposal if the proposals are for separate and distinct
research projects or activities.
(c)The Bureau will make a selection for funding, based on criteria, including but not limited to:
(1)The extent to which the proposed project is designed to achieve objectives as specified in
Revenue and Taxation Code section 34019(b).
(2)The extent to which the proposed project is designed to achieve measurable outcomes, and
the clarity of the measures for success.
(3)The extent to which the proposed project is feasible, demonstrated by:
(A)A timeline for project completion, including readiness; and
(B) Budget detail.
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(4)Qualifications of the staff who will be assigned or working on the proposed project.
(5)Any other criteria to determine the proposed project’s efficacy in evaluating the
implementation and effect of the Act.
(d)Applicants selected for funding will be notified in writing, along with the amount of the
proposed funding.
(e)The Bureau’s selection decision is final and not subject to appeal.
Authority: Section 26013, Business and Professions Code and Section 34019, Revenue and
Taxation Code; Reference: Section 34019, Revenue and Taxation Code.
§ 5903. Release of Funds
(a)The Bureau shall not cause funds to be disbursed until the Applicant has executed a Grant
Agreement, and any other required documents.
(b)Selected recipients shall receive a single disbursement of funds for the duration of the
research project.
(c) Funds released to the recipient that will be used for the purchase of any equipment related to
the research project, shall at a minimum, meet the following conditions:
(1)Prior to the purchase of any equipment, the recipient shall obtain written approval from the
Bureau.
(2)Receipts or other documentation for the purchase of any equipment shall be provided to the
Bureau immediately upon purchase and request, and retained pursuant to section 5904 of this
division.
(d)Any funds that are not used prior to the completion of the research project shall be forfeited.
Authority: Section 26013, Business and Professions Code and Section 34019, Revenue and
Taxation Code; Reference: Section 34019, Revenue and Taxation Code.
§ 5904. Reports and Records
(a) The recipient of funds shall provide regular performance reports to the Bureau.
(1)Performance reports shall be provided to the Bureau in the following manner:
(A)At monthly intervals for research projects with an estimated completion time not exceeding
one year.
(B) At quarterly intervals for research projects with an estimated completion time exceeding one
year.
(2)Performance reports shall include, at a minimum:
(A) A detailed, estimated time schedule of completion for the research project;
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(B) Description of any measurable outcomes, results achieved, or other completed objectives of
the research project;
(C)Description of remaining work to be completed;
(D)Summary of the expenditures of the funds, and whether the research project is meeting the
proposed budget, and if not, the reasons for any discrepancies and what actions will be taken to
ensure the research project will be completed; and
(E)Any changes to the information provided in the proposal, including, but not limited to,
change in staff.
(b)Recipients shall publish annual reports on their findings, and upon the completion of their
research project, and make such reports available to the public. Prior to publishing any reports,
the recipient shall provide a copy to the Bureau, at least 30 days prior to the release or publishing
of the report.
(c)Recipients shall retain all research and financial data necessary to substantiate the purposes
for which the funds were spent, for the duration of the funding, and for a period of seven years
after completion of the research project. Recipients shall provide such documentation to the
Bureau upon request.
Authority: Section 26013, Business and Professions Code and Section 34019, Revenue and
Taxation Code; Reference: Section 34019, Revenue and Taxation Code.
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City of Huntington Beach
File #:18-370 MEETING DATE:10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Gilbert Garcia, Chief Financial Officer
Subject:
Approve FY 2017/18 Year End Adjustment for the Workers’ Compensation Internal Service
Fund
Statement of Issue:
The Finance Department is completing the year-end closing process for Fiscal Year 2017/18, which
began on October 1, 2017, and ended on June 30, 2018. Certain technical adjustments need to be
made to reconcile the budget with liabilities incurred and to comply with auditing, actuarial,
accounting and/or legal requirements. City Council authorization is requested to appropriate and
transfer $1.2 million from the General Fund to the Workers’ Compensation Internal Service Fund to
record the increase in the total year-end liability of the Fund based on the most recent actuarial
valuation.
Financial Impact:
This action will result in the transfer of $1,245,432 from the General Fund to the Workers’
Compensation Internal Service Fund (Fund 551) pursuant to Generally Accepted Accounting
Principles (GAAP). The $1.2 million increase in the total liability of the Fund must be recorded based
on the results of the most recent actuarial valuation conducted by the independent actuary firm Aon
Consulting. With total assets of $14.0 million and total liabilities of $30.5 million, the total net position
of the Fund is negative $16.5 million, reflecting a 46 percent funded status. With this requested
transfer, the funded status will increase to 50 percent.
Recommended Action:
Approve the appropriation of $1,245,432 in the Fiscal Year 2017/18 Revised Budget in the General
Fund (100) and transfer to the Self Insurance Workers’ Compensation Internal Service Fund (551).
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
California Workers’ Compensation Law provides state mandated benefits to employees for work-
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File #:18-370 MEETING DATE:10/15/2018
California Workers’ Compensation Law provides state mandated benefits to employees for work-
related illness or injury. Benefits may include payments for medical treatment, salary continuation,
Total Temporary Disability (TTD) benefits, and permanent disability benefits. The City is self-insured
for its workers’ compensation program and is liable for all costs up to $1 million dollars per claim. The
costs related to claims are paid for by the City as the Employer.
FY 2017/18 Actual Expenses and Liabilities (Preliminary Unaudited)
Total expenses in the Workers’ Compensation Internal Service Fund are approximately $6.4 million
for FY 2017/18, which reflects a nine-month adjusted fiscal year and a growth of 47 percent from the
same nine-month period (October to June timeframe) in FY 2015/16. The growth in expenditures is
due primarily to health care industry trends related to the increased cost of medical care, statutorily
enhanced benefits for public employees, and labor costs.
To facilitate improved accounting and full financial disclosure of the City’s current and future Workers’
Compensation program costs, the Workers’ Compensation Internal Service Fund was created in FY
2012/13 to better account for the program’s expenses and long-term liabilities. The components of
these expenses include, but are not limited to, annual claims administration expense, direct and
indirect claims costs (e.g.,professional, medical, hospital, pharmacy and legal costs), salary
continuation and medical utilization review costs. This Fund has allowed for greater tracking,
planning and transparency of workers’ compensation expenses and liabilities. Greater transparency
has been achieved as all costs are distinctly accounted for within a segregated fund in the City’s
annual adopted budget and financial statements.
Unfunded Liabilities and Net Fund Position
As of the most recent actuarial valuation for the period ending June 30, 2018, the City’s total workers’
compensation liability is now $30.5 million, or $1.2 million higher than the previous year. The
increase is primarily due to a reconciliation performed by the City’s independent actuaries, Aon
Consulting, to true-up the Fund’s liabilities to reflect the City’s greater than expected outstanding
claims burden. The liability of $30.5 million, compared to total Fund assets of $14.0 million results in
an unfunded liability of $16.5 million and a funded status of 46 percent. The requested action will
match the increase in the City’s liability identified in the June 30, 2018 actuarial valuation, and will
bring the funded status to 50 percent.
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Strengthen economic and financial sustainability
Attachment(s):
1. City of Huntington Beach Workers’ Compensation Analysis Fiscal Year End 6/30/2018
Unaudited
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City of Huntington BeachWorker's Comp Analysis - EstimatedFYE: 6/30/2018FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18* IncreaseWC Liability per Actuary Report** 15,894,603.00 20,631,067.00 20,631,067.00 26,184,026.00 27,439,191.00 1,255,165.00 ULAE (Unallocated loss adjustment expense)*** 794,730.15 1,031,553.35 1,031,553.35 1,309,201.30 1,371,959.55 62,758.25 WC Liability w/ULAE 16,689,333.15 21,662,620.35 21,662,620.35 27,493,227.30 28,811,150.55 1,317,923.25 Other Liabilities (AP, Comp Absences, Pension etc) 454,768.83 501,731.33 1,594,173.27 1,796,078.22 1,663,789.55 (132,288.67) Estimated Year End Adjustments - - - - 59,797.76 59,797.76 Total Liabilities 17,144,101.98 22,164,351.68 23,256,793.62 29,289,305.52 30,534,737.86 1,245,432.34 ULAE Percentage***5.0%5.0%5.0%5.0%5.0%FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18Workers' Comp Liability per Detail Report10,725,174 12,007,917 15,660,368 14,498,037 14,439,163 Increase by IBNR Factor1.561.801.381.902.00Estimated Worker's Comp Liability16,689,333 21,662,620 21,662,620 27,493,227 28,811,151 Worker's Comp Calculation Due and Payable3 Yr Avg****FY 15/16 FY 16/17 FY 17/18 FY 17/18Medical 2,803,120 3,203,458 2,120,710 2,709,096 Indemnity3,138,208 3,224,193 2,795,549 3,052,650 5,941,328 6,427,651 4,916,260 5,761,746 * Preliminary Unaudited Amounts** Workers' Compensation Liability per Actuary Report*** ULAE (Unallocated loss adjustment expense)**** Average worker's comp medical & Indemnity claims paid over the last 3 yearsActual304
City of Huntington Beach
File #:18-410 MEETING DATE:10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Gilbert Garcia, Chief Financial Officer
Subject:
Approve FY 2017/18 Year-End Budget Adjustment for the General Liability Internal Service
Fund
Statement of Issue:
The Finance Department is completing the year-end closing process for Fiscal Year 2017/18, which
began on October 1, 2017, and ended on June 30, 2018. Certain technical adjustments need to be
made to reconcile the budget with liabilities incurred and to comply with auditing, actuarial,
accounting and/or legal requirements. City Council authorization is requested to appropriate and
transfer $405,060 from the General Fund to the General Liability Internal Service Fund to cover
increased costs in annual general liability insurance premiums.
Financial Impact:
This action will result in the transfer of $405,060 from the General Fund to the General Liability
Internal Service Fund (Fund 552) pursuant to Generally Accepted Accounting Principles (GAAP) in
order to support the costs associated with ongoing general liability insurance coverage. There is
sufficient revenue in the General Fund to support this request.
Recommended Action:
Approve the appropriation of $405,060 in the Fiscal Year 2017/18 Revised Budget in the General
Fund (100) and transfer to the Self Insured General Liability Internal Service Fund (552).
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
On March 20, 2017, City Council authorized the consolidation of Citywide accounting and funding for
general liability costs into a separate, single General Liability Internal Service Fund pursuant to
Generally Accepted Accounting Principles (GAAP). This action has enabled staff to better budget,
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File #:18-410 MEETING DATE:10/15/2018
track, and monitor Citywide general liability costs.
The City is a member of the Big Independent Cities Excess Pool Joint Powers Authority (BICEP),
formed in 1988 with several other cities to share the risks and achieve a more cost-effective way to
purchase liability insurance. Under BICEP, the City is self-insured for combined liability and cost of
defense up to $1 million dollars per claim. Costs up to that amount are paid from the General
Liability Fund Budget. BICEP then provides coverage for the next $1 million to $25 million dollars in
liability.
The City pays annual insurance premiums to BICEP which have been rising due to a variety of
factors including increased litigation costs. The FY 2018/19 general liability portion of BICEP’s annual
premium expenses totals $1.9 million, a 27% increase over the prior year’s costs of $1.5 million
(Attachment 1).
In addition, BICEP’s total liability (as of June 30, 2018, unaudited) is $10.4 million, representing a
34.3% increase over the prior year’s total liabilities of $6.9 million (Attachment 2). Moreover, the
withdrawal of the City of San Bernardino as a charter member from BICEP will place further financial
strain on the remaining member cities including Huntington Beach, Santa Ana, Oxnard, Ventura, and
West Covina.
Please note that this adjustment is based on unaudited financial statements for FY 2017/18. Once
BICEP closes out FY 2017/18, it may require the City to pay an additional equity adjustment cost.
BICEP will complete its audit by December, 2019, and will charge its members any needed equity
adjustments shortly thereafter. The total increase for General Liability, including equity adjustments,
that the BICEP charged to the City for FY 2016/17 was approximately $2 million.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Strengthen economic and financial sustainability
Attachment(s):
1. City of Huntington Beach BICEP FY 2018/19 Cost Summary Versus Prior Year
2. Big Independent Cities Excess Pool Balance Sheet (Unaudited) As of June 30, 2018 and June
30, 2017
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ATTACHMENT 1
CITY OF HUNTINGTON BEACH ‐ BICEP FY 2018/19 COST SUMMARY VERSUS PRIOR YEAR
City of Huntington Beach BICEP Cost:FY 2017/18
Program
FY 2018/19
Program
Premium
Increase /
(Decrease) %
Liability Program Premium 1,346,823 1,717,891 371,068 90%
Workers' Compensation Premium 336,376 342,685 6,309 2%
Administration 96,430 121,175 24,745 6%
Airport/Aircraft Liability Premium 56,072 62,223 6,151 1%
Crime Policy Premium 9,501 10,396 895 0%
Environment/Pollution Policy Premium 3,565 2,716 (849) 0%
Fine Arts Floater ‐ 3,050 3,050 1%
Total BICEP Annual Payment 1,848,767 2,260,136 411,369 100%
General Liability Portion of BICEP Payment 1,512,391 1,917,451 405,060 98%
307
308
City of Huntington Beach
File #:18-411 MEETING DATE:10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Marie Knight, Director of Community Services
Subject:
Approve the Franklin Park Conceptual Master Plan located at the former Franklin School site
at 14422 Hammon Lane
Statement of Issue:
Community Services Commission (CSC) has reviewed and approved the Franklin Park Conceptual
Master Plan. There is now a need for City Council approval of the Conceptual Master Plan as
presented.
Financial Impact:
Not applicable. The 1.30-acre park and improvements are to be dedicated at no cost to the City.
Recommended Action:
Approve the Franklin Park Conceptual Master Plan as presented.
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
The former Franklin School site is located at 14422 Hammon Lane and currently owned by the
Westminster School District (WSD). The project site currently consists of a 9.8 acre closed school
site and a 1.52 acre park. Both the former school site and park properties are owned by the
Westminster School District, however, the City currently maintains and operates the public park.
WSD is in negotiations with Tri Pointe Homes on a land exchange that will make the former school
site available for residential development. Tri Pointe Homes has submitted a request to the
Community Development Department, Planning Division, to subdivide the property to construct 51
single-family homes on a portion of the property. A 1.30-acre neighborhood park is also being
proposed as part of the project.
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File #:18-411 MEETING DATE:10/15/2018
The Franklin Park Conceptual Master Plan prepared by Tri Pointe Homes was previously brought to
the Community Services Commission and approved at the June 13, 2018, meeting. That plan
consisted of a 1.15-acre park with a tot lot, surrounded by open turf and a picnic shelter area.
Residents who attended the meeting voiced their concerns about the proposed location and
orientation of park and the park acreage going from the current 1.52 acres to 1.15 acres. Residents
wanted the new park plan to be as close as possible to its current orientation, layout, and acreage.
Residents also voiced concerns regarding the tot lot being designed for the 5-12 age group only.
Although approving the plan, Commissioners also expressed concerns with the inclusion of a large
central picnic shelter, given the problems the City is currently facing at similar picnic shelters in other
parks that have become gathering places for undesirable activities.
Based on comments received from the public and the Commission, Tri Pointe Homes revised the
park plan accordingly. Due to the significant level of changes to the park plan initially approved by
the Community Services Commission on June 13, 2018, staff brought the revised plan back to the
Commission for further review at the September 12, 2018, meeting.
Key changes included the size and the location of the park. The new design is consistent with the
orientation of the existing park, keeping it parallel to Sands Drive. The size of the park also increased
from the 1.15 acres previously proposed to 1.30 acres. Additionally, the tot lot now includes play
units designed for the 2-12 age group. Lastly, a picnic shelter is not included as part of the plan.
Other elements of the plan include open turf areas, benches, tables, and trash receptacles. The plan
also incorporates conservation designs that include a plant palette of low water use shrubs and a
picnic area surfaced with decomposed granite to reduce the amount of turf area. Overall, the
proposed design and amenities of the park are consistent with other neighborhood parks in the City
(Attachment 1). Public art is also being proposed in the park with the caveat that it be maintained in
perpetuity by a Homeowner’s Association that will be formed for the new community.
To allow for the expansion of the park to 1.30 acres, Tri Pointe has revised the proposed residential
development by reducing the number of housing units from 53 to 51. As previously reported, the
residential development at the former Franklin School site is being processed as a Plan Unit
Development (PUD) and will be conditioned to provide public benefits to the community.
Per the Quimby Act and Chapter 2.54 of the Zoning Code, a sub-division of 51 units is required to
provide 0.74 acres of undeveloped parkland. As a public benefit, Tri Pointe Homes is proposing to
dedicate the 1.30-acre park to the City - which is 0.56 acres more than required. Tri Pointe is also
proposing to construct the park at no-cost to the City, which is also above and beyond the Quimby
Act and the requirements of Chapter 2.54 of the City’s Zoning Code. If the City were to acquire and
develop 1.30 acres of parkland, the approximate cost would be $1.8 million. Additionally, as
previously stated, the Franklin Park property is owned by WSD. Should the project be approved as
proposed, the City would receive an improved park and dedication of the land in fee. This will ensure
that the City will have full control and possession of the park into the future. While the acreage will be
reduced from 1.52 acres to 1.30 acres, the City will continue to meet its park acreage standard of 5-
acres per 1,000 residents citywide.
It is important to note, that while the existing acreage for Franklin Park is listed at 1.52 acres in the
City’s Park Inventory, the area of the park is measured to the back of the curb. The proposed park
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File #:18-411 MEETING DATE:10/15/2018
acreage is measured to the back of the sidewalk, for a total of 1.30 acres. Measuring the current
park boundary to the back of the sidewalk also totals 1.30 acres.
The purview of the Community Services Commission was only related to the Conceptual Master Plan
for the park and the recreational elements proposed in the park. The Commission does not have
jurisdiction or authority relating to the land dedication, the PUD, or any proposed public benefit.
All park master plans, new or updated, are approved by both the Community Services Commission
and City Council. At their September 12, 2018, meeting, the Commission issued their support of the
revised plan and made a recommendation for Council approval. Based on the recommended action
by the Commission, Council is being asked to approve the Conceptual Master Plan for Franklin Park
as presented.
Environmental Status:
The proposed project, including the public park requires the processing of a mitigated negative
declaration (MND) through the Community Development Department, Planning Division.
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. Franklin Park Conceptual Master Plan
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313
314
315
City of Huntington Beach
File #:18-397 MEETING DATE:10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Antonia Graham, Assistant to the City Manager
Subject:
Approve the September 2018 City of Huntington Beach Strategic Plan Update
Statement of Issue:
The City Council held a Strategic Planning Retreat on February 13, 2018, in which the City Council
developed 25 Strategic Objectives based on five (5) Strategic Plan Goals. The Strategic Objectives
were reviewed in a public meeting and through consensus by the City Council Members present,
were compiled into a draft Strategic Objectives Grid. The Strategic Objectives were brought forth to
City Council for approval on March 19, 2018.
Financial Impact:
Not applicable. Individual Strategic Objectives which have a budgetary impact will be considered
separately.
Recommended Action:
Approve the September 2018 Strategic Objectives Update as contained within Attachment 1.
Alternative Action(s):
Amend or reject the Strategic Objectives Update and direct staff accordingly.
Analysis:
In 2009, the City Council began an annual strategic planning process to develop consensus on a
Mission Statement, Three-Year Goals, and corresponding Priority Strategic Objectives. This process
is ongoing and is a critical component of maintaining the City in a fiscally sustainable manner. In
fulfilling this process, the City Council met on February 13, 2018, to review and update the Three-
Year Goals and their Priority Strategic Objectives.
The Three-Year Goals are organized into five categories as follows:
- Improve quality of life
- Enhance and maintain infrastructure
- Strengthen economic and financial sustainability
- Enhance and maintain public safety
- Enhance and maintain city service delivery
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File #:18-397 MEETING DATE:10/15/2018
Each of these categories includes a list of Six-Month Strategic Objectives. The Strategic Objectives
contained in the matrix all gained consensus at the Strategic Planning Retreat. Additionally, the
Strategic Objectives were brought forth to City Council on March 19, 2018, where they were
approved in their entirety. The attached Strategic Objectives Matrix contains a status and comments
column that are updated to reflect the most recent activity on each item that was identified at the
Strategic Planning Session. The status is reported to the City Council on a monthly basis.
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Improve quality of life
Enhance quality of life
Strengthen economic and financial sustainability
Enhance and maintain public safety
Enhance and maintain City service delivery
Attachment(s):
1. City of Huntington Beach Strategic Objectives - September 2018 Update
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A
C I T Y O F H U N T I N G T O N B E A C H
S T R A T E G I C O B J E C T I V E S
(February 13, 2018 – January 1, 2019)
JULY 2018 CITY COUNCIL UPDATE
THREE-YEAR GOAL:IMPROVE QUALITY OF LIFE
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISED
1.
By June 1, 2018 Chief Information
Officer (lead), City
Attorney and
Councilmember Jill
Hardy
Implement a website interface for the community to file nuisance
complaints that is more visible and prominent to the public.
X
The new “contact us” page was
implemented on 6/12/2018 and
the My HB app replaced
Pipeline on July 17.
Information Services will
present to Council at the August
20 meeting.
2.
By September 1,
2018
City Attorney (lead),
and Councilmembers
Erik Peterson, Jill
Hardy and Lyn
Semeta
Propose amendments to the City Council for action that strengthen
the Neighborhood Nuisance Ordinances.
X
318
B
THREE-YEAR GOAL:ENHANCE AND MAINTAIN INFRASTRUCTURE
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISED
1.
By June 1, 2018 Assistant City Manager
(lead), Police Chief and
Public Works Director
Complete a needs assessment and financing of Police Department
Facilities and provide recommendations for improvement to the City
Council for action.
X
The Police, Public Works, and
Finance Departments made a
presentation to the City
Council on July 16, 2018
regarding the PD
Headquarters proposed
modernization, estimated costs
and potential financing options.
A final financing plan will be
presented in January 2019.
2.
By June 1, 2018 Public Works Director
and Community Services
Director, working with the
Central Park Committee
and Community Services
Commission
Prioritize park maintenance needs and improvements and present to
the City Council for consideration.
X On May 21, 2018, the FY
2018/19 Proposed Budget
Capital Improvement Plan
(CIP) was presented to the
City Council, including park
improvement projects to be
financed next year.
3.
By June 1, 2018
January 2019
Community Services
Director and Public
Works Director, with
input from the
Community Services
Commission
Complete an assessment of park playground equipment and
playground surfacing and recommend priorities to the City Council for
consideration.
X The CS Commission
Subcommittee met on July 2nd,
and August 21, and asked staff
for more information, the
Subcommittee again met on
September 27th to make final
recommendations to the full
Commission. It is now
anticipated that this item will
come to the full Commission in
November and the Council in
December or January. Once
the Council approves of the
recommended priorities, this
list will be used to allocate
available CIP and/or park
funding on a priority basis.
319
C
4.
By October 1,
2018
Chief Information Officer
(CIO) and Public Works
Director
Perform and assessment of all technology needs and current
technology programs used to support infrastructure assets to prepare
for development of a Comprehensive Asset Management System.
X
Project was kicked off the first
week in September, staff from
IS and PW meet regularly to
perform a needs assessment
and a comprehensive report
along with recommendations
will be presented to CIO and
PW Director by 10/30.
5.
By December 15,
2018
Public Works Director
and Assistant City
Manager, with input from
the Department Directors
Assess City facility deficiencies and provide recommendations for
improvement to the City Council for action.
X
6.
By January 1,
2019
Public Works Director
and CIO
Perform a power and electricity needs assessment for City facilities
and report results with recommendations to the City Manager.
X
PW is in the process of
developing a plan with input
from IS with high priority
locations..
320
D
THREE-YEAR GOAL:STRENGTHEN ECONOMIC AND FINANCIAL SUSTAINABILITY
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISED
1.
By August 6, 2018 Assistant City Manager
(lead), CFO, and
Deputy Director of
Business Development
Conduct a City Council Study Session on budget balancing
options, including looking at current revenue sources, potential
new revenue options and sale of surplus property.
X
Presented at 5/7/18 Study
Session. Item was then referred
to the Finance Commission for
follow-up and recommendations.
The Finance Commission met on
7/25/18 and will present their
recommendations at the City
Council Study Session on
8/6/18. A Request for Council
Action will be presented to the
City Council on October 15,
2018 with revenue enhancing
measures pursuant to City
Council direction.
2.
By August 1, 2018 Public Works Director
and CFO
Recommend options for the commercial refuse franchise fee.X Under consideration as part of
the franchise renewal
negotiation.
3.
By November 15,
2018
By January 31, 2019
Assistant City Manager
and CFO
Conduct a cost-benefit analysis of the City’s programs and
services and recommend to the City Council for action
adjustments to assist with balancing the budget.
X
ACM and CFO are finalizing the
format and methodology for this
review and will utilize starting in
January 2019 as part of the
Fiscal Year 2019/20 Budget
development process for the
fiscal year starting July 1, 2019.
4.
By January 1, 2019 HR Director and CFO Identify funding to enhance the funded status of the City’s
Workers Comp Plan.
X
A Request for Council Action is
scheduled for the October 15,
2018 City Council meeting to
perform the year-end
adjustments to the Fund to
ensure there is no further
erosion of the Fund’s funded
status.
321
E
5.
By January 1, 2019 Community
Development Director
Bring to the City Council for action the implementation of the
Research and Technology Section of the Zoning Code.
X
Stakeholder meetings were
conducted in July and August
and RT property owner outreach
currently underway. Draft
technical analysis to be
submitted late September. First
administrative draft ordinance to
be submitted end of October. PC
SS target November 13th.
322
F
THREE-YEAR GOAL:ENHANCE AND MAINTAIN PUBLIC SAFETY
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISED
1.
On or before July
1, 2018 and
December 1, 2018
Police Chief Provide an update to the City Council on the implementation of
Management Partners’ recommendations.
X
The Police Chief made a
presentation regarding the
implementation of the study’s
recommendations to City
Council on September 4, 2018.
2.
By July 1, 2018 Police Chief and
CFO
Present to the City Council for consideration revenue opportunities
to increase funding for police staffing.
X
Options to enhance General
Fund revenue in order to
improve infrastructure,
increase staffing (including
police officers) and address
rising labor costs were
presented to the City Council
at the May 7, 2018, Study
Session .
3.
By September 1,
2018
November 1, 2018
Fire Chief and CFO Present the findings of the Peak Load Staffing for Emergency
Transport Services Pilot Program and make a recommendation,
including financial impact, to the City Manager.
X
Date revision.
4.
By September 1,
2018
Fire Chief and CIO Present to the City Council for consideration a third party Fire
Safety Inspection Reporting System to assist the business
community with web-based reporting.
X
RFP was created and the
vendor/system was selected.
The data export required by
the vendor was completed
8/30/18. 90% of the
implementation work has been
completed.
5.
By September 1,
2018
Police Chief and
CIO
Complete the RFP process and recommend a contract to the City
Council for consideration for a new Computer Aided Dispatch
System and a Records Management System.X
RFP is ready to be posted.
Staff developing a project
charter that provides a
preliminary delineation of roles
and responsibilities and to
identify all potential costs
associated with the project.
323
G
6.
By September 1,
2018
Assistant City
Manager, Police
Chief and Deputy
Director of Economic
Development,
working with the ad
hoc Council
Committee on
Homelessness
Present to the City Council for consideration a Comprehensive Plan
to Address Homelessness.
X
A comprehensive plan to
address homelessness in
Huntington Beach will be
presented to the City Council
by the end of the year.
Community outreach meetings
are taking place alongside
working with the Council
Subcommittee on
Homelessness, the County of
Orange, the ACC-OC and
other Central Service Planning
Area cities regarding our Plan,
as well as potential and future
partnerships to better address
this complex issue
7.
By January 1,
2019
Fire Chief and CIO Conduct a needs assessment of the Fire Department’s Computer
Aided Dispatch System and Records Management System and
make recommendations for system integration to the City Manager.
X
Staff met with the vendor
(NextLevel) to discuss the
project scope on July 19,
2018. NextLevel provided a
proposal for performing a
technology needs assessment
for the Fire Department in
September.
8.
By July 1, 2018
January 31, 2019
Fire Chief and
Assistant City
Manager
Conduct a City Council Study Session on optimizing staffing during
peak and non-peak times.
X Currently under review.
324
H
THREE-YEAR GOAL:ENHANCE AND MAINTAIN CITY SERVICE DELIVERY
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISED
1.
By July 1, 2018
August 15, 2018
ACM and CIO Provide to the City Council an update regarding the implementation of
an Enterprise Land Management (ELM) system.
X Final memo and presentation
was sent to CC on Tuesday,
August 21, 2018.
2.
By December 31,
2018
Library Services
Director (lead),
CFO and CIO
Implement a system to enable library cardholders to pay fees and fines
online.
X
Ecommerce module of Library’s
Horizon Integrated Library
system is due in the fourth
quarter of 2018. Module is part
of an upgrade that will be
scheduled when available.
3.
By November 1,
2018
PIO (lead), CIO,
City Attorney and
Assistant City
Manager
Create and present to the City Manager a citywide social media plan
for promoting City services, events and operations.
X
Drafting AR and on target for
Nov. 1.
4.
By January 1,
2019
City Manager and
CIO
Develop and present a plan to the City Council for action to improve
connectivity via broadband to downtown City facilities.
X IS working with the broadband
committee to evaluate different
options.
325
City of Huntington Beach
File #:18-399 MEETING DATE:10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Antonia Graham, Assistant to the City Manager
Subject:
Adopt Resolution No. 2018-58 Amending the Conflict of Interest Code
Statement of Issue:
State law mandates that cities perform a biennial review of their Conflict of Interest Code requiring
designated employees, hired consultants/contractors, and members of City Boards, Commissions,
and Committees to file a Statement of Economic Interests.
Financial Impact:
Not applicable.
Recommended Action:
Adopt Resolution No. 2018-58, “A Resolution of the City Council of the City of Huntington Beach
Amending its Conflict of Interest Code.”
Alternative Action(s):
Do not adopt the Resolution and direct staff accordingly.
Analysis:
State law (the Political Reform Act) requires public agencies in California to review their Conflict of
Interest Code every two years. The City last amended its Code on September 19, 2016, through the
adoption of Resolution No. 2016-44. The Conflict of Interest Code designates certain officials,
commissioners, employees, consultants/contractors, who must file with the City Clerk a Statement of
Economic Interests (also known as a Form 700) related to Governmental duties. Additionally, the
California Fair Political Practices Commission (FPPC) recommends establishing disclosure
categories to ensure that conflicts of interest are avoided without violating an individual’s right to
privacy.
Human Resources staff reviewed the 2016 Conflict of Interest Code along with the list of required
filers and determined that the following amendments to the Code are necessary to comply with the
State law: (a) inclusion of new positions as Code filers; (b) revisions to titles of existing positions;
and, (c) deletion of positions that have been abolished.
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File #:18-399 MEETING DATE:10/15/2018
The current list of required filers, along with the recommended additions (bold) and deletions
(strikethrough) are shown in Attachment 1. The final list is incorporated into Resolution No. 2018-58
(Attachment 2). The recommended changes are non-substantive and reflect minor changes made to
position titles, obsolete positions or added positions. The disclosure categories are incorporated into
the Resolution.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Strikethrough of Conflict of Interest Filers from 2016
2. Resolution No. 2018-58, “A Resolution of the City Council of the City of Huntington Beach
Amending its Conflict of Interest Code”.
City of Huntington Beach Printed on 10/10/2018Page 2 of 2
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1
EXHIBIT B
DESIGNATED OFFICIALS AND EMPLOYEES
WITH DISCLOSURE CATEGORIES
Job Type Description Category
0089 Admin Analyst Senior 3
0025 Administrative Analyst 5
0078 Assistant City Attorney 1
0132 Assistant City Clerk 1
0592 Assistant City Manager 1
0595 Assistant Fire Marshal 4
0057 Assistant to the City Manager 1
0044 Beach Operations Supervisor 3, 4
0064 Budget Analyst Senior 3
0598 Building Manager 1
0500 Business Systems Manager 1
0112 Buyer 2
0593 Chief Asst City Attorney 1
0518 Chief Financial Officer 1
0479 Chief Information Officer 1
0016 City Attorney 1
0017 City Clerk 1
0024 City Engineer 1
0591 City Manager 1
0018 City Treasurer 1
0125 Code Enforcement Supervisor 2
0589 Community Development Director 1
0471 Community Relations Officer 2, 3
0353 Community Services Manager 1
0258 Community Srvcs Rec Supv 3
0097 Construction Manager 2
0085 Contract Administrator 3, 4, 5, 6
0081 Deputy City Attorney I 3, 5, 6
0080 Deputy City Attorney II 3, 5, 6
0079 Deputy City Attorney III 3, 5, 6
0699 Deputy Community Prosecutor 3,5,6
0571 Deputy Director of Econ Development 1
0840 Deputy Director of Community Development 1
0486 Detention Administrator 3, 4
0014 Director of Community Services 1
0574 Director of Human Resources 1
0007 Director of Library Services 1
0010 Director of Public Works 1
0039 Econ Development Proj Mgr 4, 5
0580 Energy Project Manager 4, 5
0474 Facilities Devel & Concess Mgr 1
0050 Facilities Maint Supervisor 3, 4
328
2
0879 Finance Manager -Accounting 1
0889 Finance Manager -Budget 1
0899 Finance Manager -Fiscal Services 1
0869 Finance Manager -Treasury 1
0031 Fire Battalion Chief 4
0015 Fire Chief 1
0026 Fire Division Chief 1
0131 Fire Medical Coordinator 2
0590 Fleet Operations Supervisor 3, 4
0581 General Services Manager 1
0006 Human Resources Manager 1
0499 Senior Information Technology Analyst, Senior 3, 4
0201 Information Technology Manager 1
0489 Information Technology Manager –
Infrastructure
1
0200 Information Technology Manager –Operations 1
0500 Information Technology Manager –Systems 1
0075 Inspection Manager 1
0073 Inspection Supervisor 3, 4
0049 Landscape Maint Supervisor 3, 4
0572 Liability Claims Coordinator 6
0030 Maintenance Operations Mgr 1
0032 Marine Safety Division Chief 1
0105 Marine Safety Lieutenant 3, 4
0490 Network Systems Administrator 2
0209 Permit & Plan Check Supervisor 3, 4
0453 Personnel Analyst 3, 6
0060 Personnel Analyst Principal 3, 6
0464 Personnel Analyst Senior 3, 6
0444 Planning Manager 1
0625 Police Admin Div Srvcs Manager 1
0594 Police Administrative Svcs Mgr 1
0233 Police Captain 1
0011 Police Chief 1
0022 Police Communications Manager 3, 4
0234 Police Lieutenant 3, 4
0094 Police Records Administrator 3, 4
0096 Principal Civil Engineer 3, 4
0072 Principal Electrical Inspector 3, 4
0076 Principal Inspector Plb/Mech 3, 4
0482 Principal Librarian 3
0579 Project Manager 3
0839 Real Estate & Project Manager 2, 5
0054 Risk Manager 1
0519 Safety/Loss Prevention Analyst 3, 6
0110 Senior Accountant 3
0069 Senior Civil Engineer 2, 4
0484 Senior Deputy City Attorney 2
329
3
0868 Senior Finance Analyst 3
0036 Senior Planner 2, 4
0579 Senior Risk Management Analyst 3,6
0575 Senior Supv Cultural Affairs 3, 4
0578 Senior Supv Human Services 3, 4
0034 Senior Traffic Engineer 2, 4
0333 Senior Trial Counsel 2
0457 Special Events Coordinator 2
0488 Street Maint Supervisor 3, 4
0133 Supv Parking/Camping Facility 3, 4
0033 Transportation Manager 1
0051 Tree Maintenance Supervisor 3, 4
0483 Utilities Manager 1
0487 Wastewater Supervisor 3, 4
0052 Water Distribution Supervisor 3, 4
0053 Water Production Supervisor 3, 4
0056 Water Quality Supervisor 3, 4
BOARDS, COMMISSIONS, AND COMMITTEES
City Council 1
Visit Huntington Beach 1
Design Review Board 1
Planning Commission 1
Citizens Infrastructure Board 1
Finance Commission 1
CONSULTANTS
Consultants shall be included in the list of designated officials and employees in
Disclosure Category 1 and shall disclose such interests subject to the following
limitation: The City Manager may determine in writing that a particular consultant,
although a “designated position,” is hired to perform a range of duties that is limited
in scope and thus is not required to fully comply with the disclosure requirements
described above. Such written determination shall include a description of
Consultant’s duties and, based upon that description, a statement of the extent of
disclosure requirements. The City Manager’s determination is a public record and
shall be retained for public inspection in the same manner and location as this
Conflict of Interest Code.
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
City of Huntington Beach
File #:18-409 MEETING DATE:10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development
Subject:
Adopt Resolution No. 2018-59 declaring the City Council’s intention to renew the
Huntington Beach Tourism Business Improvement District (HBTBID); fix the time and
place of a public meeting; and, call a public hearing
Statement of Issue:
At the September 4, 2018,City Council Study Session, Visit Huntington Beach presented the
recommendation of potential modifications to the current Tourism Business Improvement District
(TBID). The modifications include the early termination of the Grant Agreement for Public Relations
Services, which is 10% of the City’s Transient Occupancy Tax. In addition, the HBTBID assessment
would increase from 3% to 4%, as approved by the assessed lodging businesses.
Based upon the Study Session, if the City Council adopts Resolution No. 2018-59 (attached), it will
hold a public meeting on November 19, 2018,and a Public Hearing on December 17, 2018,with the
recommendation to modify the existing HBTBID’s management district plan, renew the HBTBID,and
the levy of assessments on lodging businesses.
Financial Impact:
There is no fiscal impact with this Resolution.
Recommended Action:
Adopt Resolution No. 2018-59 “A Resolution of the City Council of the City of Huntington
Beach declaring its intention to renew the Huntington Beach Tourism Business Improvement
District (HBTBID) and fixing the time and place of a public meeting and a public hearing
thereon and giving notice thereof.”
Alternative Action(s):
Do not approve the Resolution and direct staff as necessary.
City of Huntington Beach Printed on 10/10/2018Page 1 of 3
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File #:18-409 MEETING DATE:10/15/2018
Analysis:
In California, TBIDs are primarily formed pursuant to the Property and Business Improvement District
Law of 1994. This law allows for the creation of a special benefit assessment district to raise funds
within a specific geographic area. The key difference between TBIDs and other special benefit
assessment districts is that funds raised are returned to the private non-profit corporation governing
the TBID.
The HBTBID funds the marketing and sales promotion efforts for Huntington Beach’s overall
destination brand awareness including Hungtington Beach lodging businesses. This approach has
been used successfully in other destination areas throughout the state to improve tourism and drive
additional room nights to assessed lodging businesses. The early renewed HBTBID includes all
lodging businesses located within the boundaries of the the City of Huntington Beach.
The City of Huntington Beach created the HBTBID on September 15, 2014 by resolution for a five-
year (5) term which ends on September 30, 2019. The VHB is proposing to renew the HBTBID in
order to continue a revenue source devoted to marketing Huntington Beach as a leisure, meetings
and events destination. The proposal is to increase the current 3% assessment to a 4% assessment.
In addition to the HBTBID, the City and Visit Huntington Beach entered into a separate agreement, in
which 1% of the 10% of the City’s Transient Occupancy Tax rate is retained by VHB for public
relations services. The Agreement will expire on September 30, 2021. Visit Huntington Beach is
proposing to terminate the Agreement as part of the renewal of the HBTBID. This action would result
in the City retaining the 1% (approximately $1 million), which would be additional revenue to the
General Fund.
MANAGEMENT DISTRICT PLAN
The Management District Plan (Attachment 2) includes the proposed boundary of the HBTBID, a
service plan and budget and a proposed means of governance. The HBTBID will include all lodging
businesses, existing and in the future, available for public occupancy within the boundaries of the the
City of Huntington Beach.
The renewed HBTBID will have a nine (9) year and five (5) month term, beginning February 1, 2019
through June 30, 2028. The assessment will be implemented beginning February 1, 2019. Once per
year beginning on the anniversary of HBTBID renewal there is a thirty (30) day period in which
business owners paying fifty percent (50%) or more of the assessment may protest and begin
proceedings to terminate the HBTBID.
The City will be responsible for collecting the assessment on a monthly basis from each lodging
business located in the HBTBID boundaries. The City shall forward the assessments to Visit
Huntington Beach, which will have the responsibility of managing HBTBID programs as provided in
this Management District Plan. The City shall be paid a fee equal to one percent (1%) of the amount
of assessment collected to cover its costs of collection and administration.
HBTBID RENEWAL PROCESS
To commence the renewal process, the City must receive a written petition, signed by the busienss
owners in the renewed district who will pay more than fifty percent (50%) of the assessments
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File #:18-409 MEETING DATE:10/15/2018
proposed to be levied. If the Resolution is approved, the City is required to mail written notice to the
owners of all businesses proposed to be within the HBTBID. Mailing the notice begins a mandatory
forty-five (45) day period in which owners may protest HBTBID renewal.
The City Council is requried to hold a Public Meeting proposed for November 19, 2018 to allow public
testimony on the renewal of the HBTBID and levy of assessments. No Council action required at the
meeting.
On December 17, 2018, a Public Hearing would be conducted by the City Council. If written protests
are received from the owners of businesses in the renewed HBTBID which will pay more than fifty
percent (50%) of the assessments proposed to be levied and protests are not withdrawn so as to
reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed
assessment against such businesses shall be taken for a period of one (1) year from the date of the
finding of a majority protest. As a result, no action can be taken by the Council .
At the conclusion of the public hearing to renew the HBTBID, the Council may adopt, revise, change,
reduce, or modify the proposed assessment or the type or types of improvements and activities to be
funded with the revenues from the assessments. Proposed assessments may only be revised by
reducing any or all of them.
If the Council, following the public hearing, decides to establish the renewed HBTBID, the Council
shall adopt a resolution of formation.
On January 21, 2019, the City Council will be asked to modify the current HBTBID’s management
district plan to change the term to end on January 31, 2019, terminate the Grant Agreement for TOT ,
and enter into a new Memorandum of Understanding.
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Strengthen economic and financial sustainability
Attachment(s):
1. Adopt Resolution No. 2018-59, “A Resolution of the City Council of the City of Huntington
Beach declaring its intention to renew the Huntington Beach Tourism Business Improvement D
istrict (HBTBID) and fixing the time and place of a public meeting and a public hearing thereon
and giving notice thereof.”
2. Management District Plan
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RESOLUTION NO. 2018-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH DECLARING ITS INTENTION TO RENEW THE HUNTINGTON
BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT (HBTBID) AND
FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC
HEARING THEREON AND GIVING NOTICE THEREOF
WHEREAS, the City of Huntington Beach created the HBTBID on September 15, 2014 by
Resolution No . 2014-72; and
WHEREAS, the HBTBID was created for a five (5) year term which ends on September 30,
2019;and
WHEREAS, the Property and Business Improvement Law of 1994 , Streets and Highways Code
§ 36600 et seq., authorizes the City to renew business improvement districts for the purposes of
promoting tourism; and
WHEREAS, Visit Huntington Beach, lodging business owners, and representatives from the
City of Huntington Beach have met to consider the renewal of the HBTBID; and
WHEREAS, Visit Huntington Beach has drafted a Management District Plan (Plan) which sets
fo1th the proposed boundary of the HBTBID, a service plan and budget, and a proposed means of
governance; and
WHEREAS, lodging business who will pay more than fifty percent (50%) of the assessment
under the HBTBID have petitioned the City Council to renew the HBTBID.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:
1. The recitals set forth herein are true and correct.
2. The City Council finds that lodging businesses that will pay more than fifty percent (50%) of the
assessment proposed in the Plan have signed and submitted petitions in supp01t of the renewal
of the HBTBID. The City Council accepts the petitions and adopts this Resolution oflntention
to renew the HBTBID and to levy an assessment on ce1tain lodging businesses within the
HBTBID boundaries in accordance with the Prope1ty and Business Improvement District Law
of 1994.
3. The City Council finds that the Plan satisfies all requirements of Streets and Highways Code §
36622.
4. The City Council declares its intention to renew the HBTBID and to levy and collect assessments
on lodging businesses within the HBTBID boundaries pursuant to the Property and Business
Improvement District Law of 1994.
18-6918 /188755
362
5. The HBTBID shall include all lodging businesses located within the boundaries of the City of
Huntington Beach, as shown in the map attached as Exhibit A.
6. The name of the district shall be Huntington Beach Tourism Business Improvement District
(HBTBID).
7. The annual assessment rate is four percent ( 4 % ) of gross short-term room rental revenue. Based
on the benefit received, assessments will not be collected on: stays of more than thitty (30)
consecutive days; stays by any federal or State of California officer or employee when on official
business; and stays by any officer or employee for a foreign government who is exempt by reason
of express provision of federal law or international treaty.
8. The assessments levied for the HBTBID shall be applied toward tourism enhancement programs
to market assessed lodging businesses in Huntington Beach as tourist, meeting, and event
destinations, as described in the Plan. Funds remaining at the end of any year may be used in
subsequent years in which HBTBID assessments are levied as long as they are used consistent
with the requirement s of this resolution and the Plan.
9. The renewed HBTBID will have a nine (9) year and five (5) month term , beginning February 1,
2019 through June 30, 2028 , unless renewed pursuant to Streets and Highways Code§ 36660.
10. Bonds shall not be issued.
11 . The time and place for the public meeting to hear testimony on establishing the HBTBID and
levying assessments are set for November 19, 2018 at 6 :00 PM, or as soon thereafter as the
matter may be heard, at the City Council Chambers located at 2000 Main Street, Huntington
Beach, CA 92648.
12 . The time and place for the public hearing to establish the HBTBID and the levy of assessments
are set for December 17, 2018 at 6:00 PM, or as soon thereafter as the matter may be heard, at
the City Council Chambers located at 2000 Main Street, Huntington Beach, CA 92648. The
City Clerk is directed to provide written notice to the lodging businesses subject to assessment
of the date and time of the meeting and hearing, and to provide that notice as required by Streets
and Highways Code§ 36623 , no later than November 1, 2018.
13. At the public meeting and hearing the testimony of all interested persons for or against the
renewal of the HBTBID may be received. If at the conclusion of the public hearing, there are of
record written protests by the owners of the lodging businesses within the renewed HBTBID that
will pay more than fifty percent (50%) of the estimated total assessment of the entire HBTBID,
no further proceedings to renew the HBTBID shall occur for a period of one (1) year.
14 . The complete Plan is on file with the City Clerk and may be reviewed upon request.
15. This resolution shall take effect immediately upon its adoption by the City Council.
363
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting
thereof held on the day of , 2018
Mayor
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Manager De{;~~ Development
APPROVED AS TO FORM:
Al~\) r~
1M. City Attorney d"
18-6918/188755
364
GARDE GROVE FREEW
EXHIBIT A
District Boundaries
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2019-2028
HUNTINGTON BEACH
TOURISM BUSINESS IMPROVEMENT DISTRICT
MANAGEMENT DISTRICT PLAN
Prepared pursuant to the Property and Business Improvement District Law of
1994, Streets and Highways Code section 36600 et seq. September 28, 2018 366
CONTENTS
I. OVERVIEW ........................................................................................................................................ 2
II. BACKGROUND ................................................................................................................................ 3
III. IMPETUS TO RENEW THE HBTBID ........................................................................................ 4
IV. ACCOMPLISHMENTS ..................................................................................................................... 6
V. BOUNDARY ....................................................................................................................................... 9
VI. BUDGET AND SERVICES ........................................................................................................... 10
A. Annual Service Plan .......................................................................................................... 10
B. Annual Budget .................................................................................................................. 13
C. California Constitutional Compliance .............................................................................. 13
D. Assessment ........................................................................................................................ 14
E. Penalties and Interest ........................................................................................................ 15
F. Time and Manner for Collecting Assessments ................................................................. 15
VII. GOVERNANCE ............................................................................................................................... 16
A. Owners’ Association ......................................................................................................... 16
B. Brown Act and California Public Records Act Compliance ............................................ 16
C. Annual Report ................................................................................................................... 16
APPENDIX 1 – LAW .................................................................................................................................... 17
APPENDIX 2 – ASSESSED BUSINESSES ............................................................................................. 28
Prepared by
Civitas
(800)999-7781
www.civitasadvisors.com
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I. OVERVIEW
Developed by Visit Huntington Beach (VHB) and Huntington Beach lodging businesses, the renewed
Huntington Beach Tourism Business Improvement District (HBTBID) is an assessment district that
will continue to provide specific benefits to payors, by funding marketing and sales promotion efforts
for assessed lodging businesses. The HBTBID was formed in 2014 for a five (5) year term; assessed
lodging businesses now wish to renew it for an additional nine (9) years and five (5) months.
Location: The renewed HBTBID includes all lodging businesses located within the boundaries
of the City of Huntington Beach, as shown on the map in Section V.
Services: The HBTBID is designed to provide specific benefits directly to payors by increasing
room night sales. Tourism enhancement programs will increase overnight tourism
and market payors as tourist, meeting and event destinations, thereby increasing room
night sales.
Budget: The total HBTBID annual budget for each full year of operation is anticipated to be
approximately $5,000,000. The initial “year” of operation will be a partial year
consisting of five (5) months, for which the anticipated budget is $2,083,333.
Cost: The annual assessment rate is four percent (4%) of gross short-term room rental
revenue. Based on the benefit received, assessments will not be collected on: stays of
more than thirty (30) consecutive days; stays by any federal or State of California
officer or employee when on official business; and stays by any officer or employee
for a foreign government who is exempt by reason of express provision of federal law
or international treaty.
Collection: The City will be responsible for collecting the assessment on a monthly basis (including
any delinquencies, penalties and interest) from each lodging business located in the
boundaries of the HBTBID. The City shall take all reasonable efforts to collect the
assessments from each lodging business.
Duration: The renewed HBTBID will have a nine (9) year and five (5) month life, beginning
February 1, 2019 through June 30, 2028. Once per year, beginning on the anniversary
of HBTBID renewal, there is a thirty (30) day period in which owners paying fifty
percent (50%) or more of the assessment may protest and initiate a City Council
hearing on HBTBID termination. The proposed time for implementation and
completion of this Management District Plan is February 1, 2019 through June 30,
2028.
Management: Visit Huntington Beach will continue to serve as the HBTBID’s Owners’ Association.
The Owners’ Association is charged with managing funds and implementing programs
in accordance with this Plan, and must provide annual reports to the City Council.
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II. BACKGROUND
TBIDs are an evolution of the traditional Business Improvement District. The first TBID was formed
in West Hollywood, California in 1989. Since then, over one hundred California destinations have
followed suit. In recent years, other states have begun adopting the California model – Montana,
South Dakota, Washington, Colorado, Texas and Louisiana have adopted TBID laws. Several other
states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark,
New Jersey used an existing business improvement district law to form a TBID. And, some cities,
like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TBIDs
without a state law.
California’s TBIDs collect-
ively raise over $250 million
annually for local destination
marketing. With compet-
itors raising their budgets,
and increasing rivalry for
visitor dollars, it is important
that Huntington Beach
lodging businesses continue
to invest in stable, lodging-
specific marketing programs.
TBIDs utilize the efficiencies
of private sector operation in
the market-based promotion
of tourism districts. TBIDs
allow lodging business owners to organize their efforts to increase room night sales. Lodging business
owners within the TBID pay an assessment and those funds are used to provide services that increase
room night sales.
In California, TBIDs are formed pursuant to the Property and Business Improvement District Law
of 1994. This law allows for the creation of a benefit assessment district to raise funds within a specific
geographic area. The key difference between TBIDs and other benefit assessment districts is that funds raised are
returned to the private non-profit corporation governing the district.
There are many benefits to TBIDs:
• Funds must be spent on services and improvements that provide a specific benefit only to those
who pay;
• Funds cannot be diverted to general government use;
• TBIDs are customized to fit the needs of payors in each destination;
• TBIDs allow for a wide range of services;
• TBIDs are designed, created and governed by those who will pay the assessment; and
• TBIDs provide a stable, long-term funding source for tourism promotion.
1 2 4 6 9 12
19
24 28 31
37
45
60 63
72
80
88
95 98 101 101
0
20
40
60
80
100
198919952000200120022003200420052006200720082009201020112012201320142015201620172018Number of Districts Operating in California
369
III. IMPETUS TO RENEW THE HBTBID
The existing HBTBID was established in 2014 with an assessment rate of three percent (3%) on
overnight lodging revenues in Huntington Beach. While the HBTBID has been successful, there is
still opportunity for growth in overnight visitation and room night sales revenue, especially during
non-peak periods. Currently, the City of Huntington Beach provides VHB with funding from
Transient Occupancy Tax revenues, equal to one percent (1%) of overnight lodging revenues in
Huntington Beach, pursuant to an MOU between the City and VHB. The City and VHB intend to
terminate the MOU and enter a new. It is the intent of VHB to develop a long-term agreement with
the City that includes the City retaining 100% of all TOT revenues. The assessment rate in the
renewed HBTBID will be increased to four percent (4%) to ensure that tourism promotion funding
is not decreased during the term of the renewed HBTBID. There are several reasons to renew the
HBTBID. The most compelling reasons are:
1. The Need to Maintain/Increase Competitiveness, Occupancy and Overall Visitation
As the number of overnight accommodations grow in Orange County, as well as in competitive
California cities and counties, it is crucial that Huntington Beach maintains and increases its
competitiveness, occupancy levels and visitation from targeted markets.
These goals can be accomplished by increasing the HBTBID assessment from three percent (3%) to
four percent (4%), which will continue to generate approximately $5,000,00 in dedicated HBTBID
funding for improvements and activities to increase room rentals for assessed lodging businesses
located within the renewed HBTBID. Additional HBTBID funds will be used to implement new
Tourism Enhancement Programs above and beyond those that are currently provided with the
existing funding level:
1. Increase funding for destination sales and marketing programs, which wi ll target key visitor
markets, including markets that generate substantial overnight visitation to Huntington Beach
throughout the year, especially during non-peak seasons; and
2. Increase funding for the innovative HBTBID Visitor Services Enhancements program that
adds new and/or repurposed projects to Huntington Beach’s current brand offerings, which
will increase year around overnight visitation by improving the overall HBTBID brand
experience, the number of reasons for visitors to stay longer, and offer more reasons for
visitors to return more often to Huntington Beach.
2. An Opportunity for Increasing City Revenues
As an indirect result of the renewed HBTBID, it is expected that as occupancy rates and overall
visitation numbers increase, so too will the City’s Transient Occupancy Tax revenue. Greater
occupancy rates will also generate an indirect increase in sales tax revenues from tourist spending.
3. Stable Funding for Destination Marketing
The current HBTBID was formed pursuant to the Property and Business Improvement District Law
of 1994. The law allows a district to be renewed for up to ten (10) years without the need for City
Council’s annual approval to continue levying the assessment. Stakeholders have elected to renew the
HBTBID for a nine (9) year five (5) month term. The renewed term will provide stable funding for
destination marketing, visitor services enhancements, and management through June 30, 2028 and
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align the HBTBID’s fiscal year to the City’s fiscal year. This may provide stable funding for destination
marketing, visitor services enhancements, and management.
Many of Huntington Beach’s competitors are at or exceeding the level of funding available for
destination marketing in Huntington Beach. The table below lists the funding raised by tourism
improvement districts for several other competitors.
Location Amount Raised Assessment Rate TOT
Rate
Total Guest
Charge
Costa Mesa $3,350,000 3% room revenue 8% 11%
Laguna Beach $2,040,000 2% room revenue 12% 14%
Irvine $3,100,000 2% room revenue 8% 10%
Anaheim $19,830,000 2% room revenue 15% 17%
Long Beach $6,000,000 3% room revenue 12% 15%
Torrance $1,090,000 1% room revenue 11% 12%
Santa Monica $4,130,000 $1.50 - $5.25 per night 14% 14% + $5.25
Oceanside $690,000 1.5% room revenue 10% 11.5%
Santa Barbara $3,770,000 $0.75 - $4.00 per night 14% 14% + $4.00
Newport Beach $8,430,000 3% room revenue 10% 13%
*As of September 2018
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IV. ACCOMPLISHMENTS
Assessed Lodging Business Revenue
Assessed lodging businesses revenue has increased 45.6% since the HBTBID assessment was
increased from 2% to 3% in 2014. Increases in assessed lodging business revenue by fiscal year are
listed below:
• FY 14-15 9.2%
• FY 15-16 9.0%
• FY 16-17 13.3%
• FY 17-18 15.1% (Oct-Jul)
Marketing & Public Relations
• Produced the destination’s most successful PR activation in 2015-16, garnering national and
international media exposure for the brand and numerous “best in the travel industry “awards.
Huntington Beach’s “Epic Big Board Ride” campaign resulted in:
o Two GUINNESS WORLD RECORDS ™ for “Largest surfboard” and “Most people
riding a surfboard at once.”
o Total media coverage:
• 2,017 total placements
• 500 million impressions
• $9.6 million in immediate earned media value
• 1,306 broadcast segments
• Conducted comprehensive brand perception research study in leisure and group markets in
2015-16, launched updated Surf City USA brand logo, leisure “Wonder” campaign and group
“HB Collection” campaign in 2016-17 across all marketing channels – digital, print, broadcast,
display, collateral, and visitor information services.
• Re-designed a national award-winning, mobile centric responsive website in 2016-17, social
media integration and expansion initiative and transitioned entire media marketing strategy to
a robust digital based destination marketing program. The result? Qualified visitor user
sessions increased 72% from 643,365 in 2014-15 to 1,112,846 in 2017-18, with soaring hotel
overnight stay market demand and revenue increases (see above hotel data).
• Granted highly valued official verification on three major social media platforms (Facebook,
Twitter, Instagram).
• Began covering events and key destination locations live on Facebook, Instagram and Twitter,
adding paid social media posting in 2017-18. Results include progressive increases in followers
and engagement from 24% – 51% across these three key social media channels annually.
• Produced video content promoting the destination that is being used by assessed lodging
businesses to help their sales initiatives.
• Launched Huntington Beach Welcomes You to Dream and Do campaign that includes videos and
print collateral, as well as video promotion with Matador Media to reach 13 million adventure
millennial travelers.
• Hosted over 300 journalists from top domestic and international markets from 2014-15 to
2017-18.
• Generated over $27 million in earned media value and 620 million impressions across top
travel publications (online, print and broadcast) from 2014-15 to present.
• Received numerous national and international travel industry marketing and communications
awards from the US Travel Association, Hospitality Sales and Marketing Association
International, Visit California and the National Web Marketing Association.
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Destination Product Development
• Built the world’s largest surfboard and an activation event that sparked $10 million in global
media value, as well as produced a lasting community attraction, asset and point of pride.
• Led community input sessions, which helped VHB in designing a million dollar plus
communitywide comprehensive wayfinding system. The signs are currently being installed
throughout Huntington Beach.
• Funded capital improvements at HB International Surfing Museum.
Sales
FY 2014-15 to present:
• Conference/Meeting leads processed by VHB: 1,832
• Definite contracted/booked room nights by VHB: 111,270
• Economic Impact of Groups to Huntington Beach: $111.39 million
• Highlighted Group Sales Programs
o Launch of HB Collection – promoting multiple hotels in Huntington Beach with their
walkability aspect to groups that would traditional only consider a convention center.
o 2016 – Porsche Cars North America is largest group ever booked into Huntington Beach
with 3,700 contracted room nights at assessed businesses and Economic Impact of
$4.1 million.
o 2018 – Porsche Cars North America in negotiations to hold multiple programs in
Huntington Beach at assessed businesses for a total of 4,100 room nights in 2019
Service
• 2016 Destinations International WOW Award for Surf City USA Ambassador Program.
• 2018 Orange County Certified Tourism Ambassador (CTA) Company of the Year.
• Launched Nighttime Ambassador Program to aid the Huntington Beach Police Department
on busy evenings in downtown during Spring Break and summer.
• Took over administration of Daytime Ambassador Program to provide 7 days a week roving
hospitality services to guests in downtown Huntington Beach.
• Expanded Surf City USA Shuttle from events only to include summer weekends.
Summer weekend Coastal Loop shuttle passenger count by year:
o 2015: 548 passengers
o 2016: 955 passengers
o 2017: 639 passengers
o 2018: 1,273 passengers (with one more weekend to go)
• Since 2014, hosted 10 Partner Information Meetings each year for a total of 140 businesses.
• In 2017, launched complimentary Event Information Booth service to provide visitor
information to attendees at 20 events, including the Fastpitch Softball Tournament in Central
Park, Surf City USA Marathon, Airshow, and AVP Championships. In 2017, launched the
Surf City USA Volunteer Program to help staff Event Information Booths.
Advocacy & Community Support
• In 2017, launched the summer PCH Cleanup. This roadside cleanup focuses on the gateway
to Huntington Beach from the south, between Brookhurst and Beach Blvd along PCH.
o 2017 & 2018: 268 volunteers picked up 1,430 pounds of trash.
• Developed guidelines for new Community Events Sponsorship Initiative to launch 2018-19.
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Administration
• Implemented the CRM (Customer Relationship Management) system for better tracking of
assessed business data.
• Annually send at least one VHB employee to the Robert Mayer Huntington Beach Leadership
Academy program.
• Implemented Blackbaud software for improved accounting, budgeting, and transparency.
• Established a Reserve Policy consistent with industry practices.
• Unqualified audits each year from 2014-15 to present.
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V. BOUNDARY
The HBTBID will include all lodging businesses, existing and in the future, available for public
occupancy within the boundaries of the City of Huntington Beach.
Lodging business means: any structure, or any portion of any structure which is occupied or intended
or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any
hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house,
at a fixed location, or other similar structure or portion thereof.
The boundary, as shown in the map below, currently includes twenty-three (23) lodging businesses.
A complete listing of lodging businesses within the renewed HBTBID can be found in Appendix 2.
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VI. BUDGET AND SERVICES
A. Annual Service Plan
Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to
the payors that are not provided to those not charged, and which do not exceed the re asonable cost
to the City of conferring the benefits or granting the privileges. The privileges and services provided
with the HBTBID funds are tourism enhancement programs available only to assessed lodging
businesses.
A service plan budget has been developed to deliver services that benefit the assessed lodging
businesses. A detailed annual budget will be developed and approved by VHB. The table below
illustrates the initial annual budget allocations. The total initial full year budget is $5,000,000. Fiscal
year 2019 covers the five (5) month period from February to June 2019, resulting in a lower budget
for the first five (5) months of HBTBID operation.
Although actual revenues will fluctuate due to market conditions, the proportional allocations of the
budget shall remain the same. However, the City and the VHB Board shall have the authority to
adjust budget allocations between the categories by no more than fifteen percent (15%) of the total
budget per year. Annually, VHB will meet with the City Manager and designated staff to review
accomplishments and funding priorities for the following year. A description of the proposed
improvements and activities for the initial year of operation is below. The same activities are proposed
for subsequent years. In the event of a legal challenge against the HBTBID, any and all assessment
funds may be used for the costs of defending the HBTBID.
Each budget category includes all costs related to providing that service, in accordance with Generally
Accepted Accounting Procedures (GAAP). For example, the Tourism Enhancement Programs
budget includes the cost of staff time dedicated to overseeing and implementing the tourism
enhancement programs. Staff time dedicated purely to administrative tasks is allocated to the
administration portion of the budget. The costs of an individual staff member may be allocated to
multiple budget categories, as appropriate in accordance with GAAP. The staffing levels necessary to
provide the services below will be determined by the VHB on an as-needed basis.
Tourism
Enhancement
Programs,
$3,600,000 , 72%
Administration,
$950,000 , 19%
Contingency /
Reserve, $400,000 ,
8%
City Admin. Fee,
$50,000 , 1%
Initial Annual Budget -$5,000,000
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Tourism Enhancement Programs
The Tourism Enhancement Program will promote and provide activities and improvements to
assessed lodging businesses through the implementation of two sub-programs: sales and marketing
and visitor services enhancements. A summary of each sub-program is provided below:
Sales & Marketing
The sales and marketing program will promote assessed lodging businesses as tourist, meeting,
and event destinations. The sales and marketing program will have a central theme of
promoting the Huntington Beach destination brand as a desirable place for overnight visits.
The program will have the goal of increasing overnight visitation and room night sales at
assessed lodging businesses, and may include the following activities which are designed to
drive overnight visitation and room sales to assessed lodging businesses:
• Increased advertising and promotional programs in print, online, social media, and
television targeted at potential visitors to drive overnight visitation and room sales;
• Website enhancements and updates;
• Strategic advertising and marketing agency support;
• Contract with third party marketing and sales partners;
• Public relations, sales blitzes, missions, and calls;
• Familiarization tours targeting key decision makers;
• Preparation and production of collateral promotional materials such as visitor guides,
brochures, flyers, and maps;
• Video development for destination experiences and visuals;
• Attendance at professional industry conferences and affiliation events;
• Lead generation activities designed to attract tourists, leisure visitors, and group events
to Huntington Beach;
• Partnerships with targeted special events that attract overnight visitors; and
• Cooperation with local agencies and film commission programs that attract overnight
visitors.
Visitor Services Enhancements
The Visitor Services Enhancements (VSE) program will provide funding for programs and
initiatives based on criteria to be developed by VHB and reviewed and approved with the City.
The focus for the VSE program will be on the entire destination brand footprint to ensure a
consistent brand experience throughout Huntington Beach. VSE may include the following
programs which are designed to drive overnight visitation and room sales to assessed lodging
businesses:
• A long-term ambassador and/or security program with trained staff that supplement
the current level of police presence to improve the overall destination experience and
encourage overnight visitation or a fulltime dedicated police officer to ensure tourism
safety;
• Welcome center and kiosk improvements including new technology-driven visitor
information enhancements;
• Pedestrian improvements linking the hotels and Downtown;
• Brand-centric visitor services training program for both public and private sector staff;
and
• A Trolley or transportation program connecting hotels to downtown Huntington
Beach, The Pier, or other attractions
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Surf City USA Destination Product Development
The Destination Product Development (DPD) program will provide funding to assist in the
building or financing of well-vetted capital improvement projects which attract overnight
visitors to assessed businesses. The program costs may be allocated up to ten percent (10.0%)
of the annual budget. Working collaboratively with the City Manager, VHB will develop
specific DPD funding criteria and an award process. The City working with VHB, shall have
equal input to make recommendations to the VHB Board for final project approval. Both the
funding and awarding criteria will be developed in collaboration with the City Manager’s office
and other key community stakeholder groups. These DPD projects may include:
• Comprehensive and integrated wayfinding signage system enhancements including
signage to parking decks and lots;
• Art and cultural projects, to attract overnight visitors;
• Gateway enhancements including Pacific Coast Highway, to attract overnight visitors;
• Enhancements to wetlands experiences which attract overnight visitors, such as the
Bolsa Chica Ecological Reserve and the Huntington Beach Wetlands (between
Newland Street and the Santa Ana River) that expose visitors to the value of the vital
ecosystems;
• Improvements to existing parks and sports facilities utilized by overnight visitors;
• Safe and fun entertainment complex for young teens and adults utilized by overnight
visitors;
• Live music venue which attracts overnight visitors;
• Infrastructure improvements that enhance Huntington Beach’s competitive position
to attract desirable special events year-round and attract overnight visitors;
• Partnership with the City on mutually agreed upon projects that promote overnight
visitor stays to Huntington Beach. Examples may include: Huntington Beach
International Surfing Museum, and summer beach restroom porter cleaning assistance;
• Destination product development research and master planning;
• Infrastructure improvements that enhance Huntington Beach’s competitive position
to attract desirable special events year-round and attract overnight visitors; and
• Improvements to the City’s downtown parking deck that make the overnight visitor
experience more desirable.
Administration
The administration and operations portion of the budget shall be utilized for administrative staffing
costs, office costs, advocacy, and other general administrative costs such as insurance, legal, and
accounting fees.
Contingency/Reserve
The budget includes a contingency line item to account for uncollected assessments, if any. If there
are contingency funds collected, they may be held in a reserve fund or utilized for other program,
administration, or renewal costs at the discretion of the VHB Board. Policies relating to contributions
to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve
fund shall be set by the VHB Board.
City Administration Fee
The City of Huntington Beach shall retain a fee equal to one percent (1%) of the amount of assessment
collected to cover its costs of collection and administration.
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B. Annual Budget
The total nine (9) year and five (5) month improvement and service plan budget is projected at
approximately $5,000,000 annually, or $47,083,333 cumulatively through 2028. This amount may
fluctuate as sales and revenue increase or decrease at assessed lodging businesses, but is not expected
to change significantly over the term.
C. California Constitutional Compliance
The HBTBID assessment is not a property-based assessment subject to the requirements of
Proposition 218. Courts have found Proposition 218 limited the term ‘assessments’ to levies on real
property.1 Rather, the HBTBID assessment is a business-based assessment, and is subject to
Proposition 26. Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions.
Two of these exceptions apply to the HBTBID, a “specific benefit” and a “specific government
service.” Both require that the costs of benefits or services do not exceed the reasonable costs to the
City of conferring the benefits or providing the services.
1. Specific Benefit
Proposition 26 requires that assessment funds be expended on, “a specific benefit conferred or
privilege granted directly to the payor that is not provided to those not charged, and which does not
exceed the reasonable costs to the local government of conferring the benefit or granting the
privilege.”2 The activities and improvements in this Plan are designed to provide targeted benefits
directly to assessed lodging businesses, and are intended only to provide benefits and services directly
to those businesses paying the assessment. These services are tailored not to serve the general public,
businesses in general, or parcels of land, but rather to serve the specific lodging businesses within the
HBTBID. The activities described in this Plan are specifically targeted to increase room night sales
for assessed lodging businesses within the boundaries of the HBTBID, and are narrowly tailored.
HBTBID funds will be used exclusively to provide the specific benefit of increased room night sales
directly to the assessees. Assessment funds shall not be used to feature non-assessed lodging
businesses in HBTBID programs, or to directly generate sales for non-assessed businesses. The
activities paid for from assessment revenues are business services constituting and providing specific
benefits to the assessed businesses.
The assessment imposed by this HBTBID is for a specific benefit conferred directly to the payors that
is not provided to those not charged. The specific benefit conferred directly to the payors is an
increase in room night sales. The specific benefit of an increase in room night sales for assessed
lodging businesses will be provided only to lodging businesses paying the HBTBID assessment, with
tourism enhancement programs promoting lodging businesses paying the HBTBID assessment. The
tourism enhancement programs will be designed to increase room night sales at each assessed lodging
businesses. Because they are necessary to provide the tourism enhancement programs that specifically
benefit the assessed lodging businesses, the administration and contingency/reserve programs also
provide the specific benefit of increased room night sales to the assessed lodging businesses.
Although the HBTBID, in providing specific benefits to payors, may produce incidental benefits to
non-paying businesses, the incidental benefit does not preclude the services from being considered a
specific benefit. The legislature has found that, “A specific benefit is not excluded from classification
as a ‘specific benefit’ merely because an indirect benefit to a nonpayor occurs incidentally and without
cost to the payor as a consequence of providing the specific benefit to the payor.”3
1 Jarvis v. the City of San Diego 72 Cal App. 4th 230
2 Cal. Const. art XIII C § 1(e)(1)
3 Government Code § 53758(a)
379
2. Specific Government Service
The assessment may also be utilized to provide, “a specific government service or product provided
directly to the payor that is not provided to those not charged, and which does not exceed the
reasonable costs to the local government of providing the service or product.”4 The legislature has
recognized that marketing and promotions services like those to be provided by the HBTBID are
government services within the meaning of Proposition 265. Further, the legislature has determined
that “a specific government service is not excluded from classification as a ‘specific government
service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the
payor as a consequence of providing the specific government service to the payor.”6
3. Reasonable Cost
HBTBID services will be implemented carefully to ensure they do not exceed the reasonable cost of
such services. The full amount assessed will be used to provide the services described herein. Funds
will be managed by the VHB, and reports submitted on an annual basis to the City. Only assessed
lodging businesses will be featured in marketing materials, receive sales leads generated from
HBTBID-funded activities, be featured in lodging-specific advertising campaigns, and benefit from
other HBTBID-funded programs. Non-assessed lodging businesses will not receive these, nor any
other, HBTBID-funded services and benefits.
The HBTBID-funded programs are all targeted directly at and feature only assessed businesses. It is,
however, possible that there will be a spill over benefit to non-assessed businesses. If non-assessed
lodging businesses receive incremental room nights, that portion of the promotion or program
generating those room nights shall be paid with non-HBTBID funds. HBTBID funds shall only be
spent to benefit the assessed businesses, and shall not be spent on that portion of any program which
directly generates incidental room nights for non-assessed businesses.
D. Assessment
The annual assessment rate is four percent (4%) of gross short-term room rental revenue. Based on
the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive
days; stays by any federal or State of California officer or employee when on official business; and
stays by any officer or employee for a foreign government who is exempt by reason of express
provision of federal law or international treaty.
The term “gross room rental revenue” as used herein means: the consideration charged, whether or
not received, for the occupancy of space in a lodging business valued in money, whether to be received
in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of
any kind or nature, without any deduction therefrom whatsoever. Gross room rental revenue shall
not include any federal, state or local taxes collected, including but not limited to transient occupancy
taxes.
The assessment is levied upon and a direct obligation of the assessed lodging business. However, the
assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of
assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the
amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for
payment from the business. If the HBTBID assessment is identified separately it shall be disclosed
4 Cal. Const. art XIII C § 1(e)(2)
5 Government Code § 53758(b)
6 Government Code § 53758(b)
380
as the “HBTBID Assessment.” As an alternative, the disclosure may include the amount of the
HBTBID assessment and the amount of the assessment imposed pursuant to the California Tourism
Marketing Act, Government Code §13995 et seq. and shall be disclosed as the “Tourism Assessment.”
The assessment is imposed solely upon, and is the sole obligation of the assessed lodging business
even if it is passed on to transients. The assessment shall not be considered revenue for any purpose,
including calculation of transient occupancy taxes.
Bonds shall not be issued.
E. Penalties and Interest
The HBTBID shall reimburse the City of Huntington Beach for any costs associated with collecting
unpaid assessments. If sums in excess of the delinquent HBTBID assessment are sought to be
recovered in the same collection action by the City, the HBTBID shall bear its pro rata share of such
collection costs. Assessed businesses which are delinquent in paying the assessment shall be
responsible for paying:
1. Original Delinquency: Any lodging business that fails to remit any assessment imposed within
the time required shall pay a penalty of ten percent (10%) of the amount of the assessment in
addition to the amount of the assessment.
2. Continued Delinquency: Any lodging business that fails to meet any delinquent remittance on or
before a period of thirty (30) days following the date on which the remittance first became
delinquent shall pay a second penalty of ten percent (10%) of the amount of the assessment
in addition to the amount of the assessment and the ten percent (10%) penalty first imposed.
3. Fraud: If the City determines that the non-payment of any remittance due is due to fraud, a
penalty of twenty-five percent (25%) of the amount of the assessment shall be added thereto
in addition to the penalties stated in subparagraphs 1 and 2 of this subsection E.
4. Interest: In addition to the penalties imposed, any lodging business that fails to remit any
assessment imposed shall pay interest at the rate of one-half of one percent (0.5%) per month,
or fraction thereof, on the amount of the assessment, exclusive of penalties, form the date on
which the remittance first became delinquent until paid.
5. Penalties Merged with Assessment: Every penalty imposed and such interest as accrues shall
become a part of the assessment herein required to be paid.
F. Time and Manner for Collecting Assessments
The HBTBID assessment will be implemented beginning February 1, 2019 and will continue for nine
(9) years and five (5) months through June 30, 2028. The City will be responsible for collecting the
assessment on a monthly basis (including any delinquencies, penalties and interest) from each lodging
business. The City shall take all reasonable efforts to collect the assessments from each lodging
business. The City shall forward the assessments collected to VHB.
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VII. GOVERNANCE
A. Owners’ Association
The City Council, through adoption of this Management District Plan, has the right, pursuant to
Streets and Highways Code §36651, to identify the body that shall implement the proposed program,
which shall be the Owners’ Association of the HBTBID as defined in Streets and Highways Code
§36612. The City Council has determined that Visit Huntington Beach will continue to serve as the
Owners’ Association for the HBTBID, upon execution of a renewed contract between the City and
VHB.
B. Brown Act and California Public Records Act Compliance
An Owners’ Association is a private entity and may not be considered a public entity for any purpose,
nor may its board members or staff be considered to be public officials for any purpose. The Owners’
Association is, however, subject to government regulations relating to transparency, namely the Ralph
M. Brown Act and the California Public Records Act. These regulations are designed to promote
public accountability. The Owners’ Association acts as a legislative body under the Ralph M. Brown
Act (Government Code §54950 et seq.). Thus, meetings of the VHB board and certain committees
must be held in compliance with the public notice and other requirements of the Brown Act. The
Owners’ Association is also subject to the record keeping and disclosure requirements of the California
Public Records Act. Accordingly, the Owners’ Association shall publicly report any action taken and
the vote or abstention on that action of each member present for the action.
C. Annual Report
The VHB shall present an annual report at the end of each year of operation to the City Council
pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include:
• Any proposed changes in the boundaries of the improvement district or in any benefit zones
or classification of businesses within the district.
• The improvements and activities to be provided for that fiscal year.
• An estimate of the cost of providing the improvements and the activities for that fiscal year.
• The method and basis of levying the assessment in sufficient detail to allow each business
owner to estimate the amount of the assessment to be levied against his or her business for
that fiscal year.
• The estimated amount of any surplus or deficit revenues to be carried over from a previous
fiscal year.
• The estimated amount of any contributions to be made from sources other than assessments
levied pursuant to this part.
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APPENDIX 1 – LAW
*** THIS DOCUMENT IS CURRENT THROUGH THE 2018 SUPPLEMENT ***
(ALL 2017 LEGISLATION)
STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994
CHAPTER 1. General Provisions
ARTICLE 1. Declarations
36600. Citation of part
This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.”
36601. Legislative findings and declarations; Legislative guidance
The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state’s communities are
economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate
facilities, services, and activities in the business districts.
(b) It is in the public interest to promote the economic revitalization and physical maintenance of business
districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts.
(c) It is of particular local benefit to allow business districts to fund business related improvements,
maintenance, and activities through the levy of assessments upon the businesses or real property that receive
benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific
benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property,
businesses, or persons not assessed receive incidental or collateral effects that benefit them.
(e) Property and business improvement districts formed throughout this state have conferred special benefits
upon properties and businesses within their districts and have made those properties and businesses more
useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the
incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the
30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution of redevelopment agencies throughout the state, property and business improvement
districts have become even more important tools with which communities can combat blight, promote
economic opportunities, and create a clean and safe environment.
(g) Since the enactment of this act, the people of California have adopted Proposition 218, which added
Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of,
and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution
provides that property-based districts may only levy assessments for special benefits.
(h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its
interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits
in property-based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this
act, which discourages the use of assessments to fund needed improvements, maintenance, and
activities in property-based districts, contributing to blight and other underutilization of property.
(2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed
inherently produce incidental or collateral effects that benefit property or persons not assessed.
Therefore, for special benefits to exist as a separate and distinct category from general benefits, the
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incidental or collateral effects of those special benefits are inherently part of those special benefits.
The mere fact that special benefits produce incidental or collateral effects that benefit property or
persons not assessed does not convert any portion of those special benefits or their incidental or
collateral effects into general benefits.
(3) It is of the utmost importance that property-based districts created under this act have clarity
regarding restrictions on assessments they may levy and the proper determination of special benefits.
Legislative clarity with regard to this act will provide districts with clear instructions and courts with
legislative intent regarding restrictions on property-based assessments, and the manner in which
special benefits should be determined.
36602. Purpose of part
The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments
within property and business improvement districts, to ensure that those assessments conform to all constitutional
requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not
affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or
the raising of revenue for these purposes.
36603. Preemption of authority or charter city to adopt ordinances levying assessments
Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different
method of levying assessments for similar or additional purposes from those set forth in this part. A property and
business improvement district created pursuant to this part is expressly exempt from the provisions of the Special
Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)).
36603.5. Part prevails over conflicting provisions
Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law,
as to districts created under this part.
36604. Severability
This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall
remain in full force and effect. Assessments levied under this part are not special taxes.
ARTICLE 2. Definitions
36606. “Activities”
“Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment.
(e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services
supplemental to those normally provided by the municipality.
(f) Other services provided for the purpose of conferring special benefit upon assessed real property or
specific benefits upon assessed businesses located in the district.
36606.5. “Assessment”
“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and
providing activities that will provide certain benefits to properties or businesses located within a property and business
improvement district.
36607. “Business”
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“Business” means all types of businesses and includes financial institutions and professions.
36608. “City”
“City” means a city, county, city and county, or an agency or entity created pursuant to Artic le 1 (commencing with
Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which
includes only cities, counties, or a city and county, or the State of California.
36609. “City council”
“City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or
board created pursuant to a joint powers agreement and which is a city within the meaning of this part.
36609.4. “Clerk”
“Clerk” means the clerk of the legislative body.
36609.5. “General benefit”
“General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined
in Section 36615.5.
36610. “Improvement”
“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an
estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs.
(c) Trash receptacles and public restrooms.
(d) Lighting and heating facilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets.
(j) Facilities or equipment, or both, to enhance security of persons and property within the district.
(k) Ramps, sidewalks, plazas, and pedestrian malls.
(l) Rehabilitation or removal of existing structures.
36611. “Management district plan”; “Plan”
“Management district plan” or “plan” means a proposal as defined in Section 36622.
36612. “Owners’ association”
“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement
improvements, maintenance, and activities specified in the management district plan. An owners’ association may be
an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not
be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials
for any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Co de), at all times
when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code),
for all records relating to activities of the district.
36614. “Property”
“Property” means real property situated within a district.
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36614.5. “Property and business improvement district”; “District”
“Property and business improvement district,” or “dist rict,” means a property and business improvement district
established pursuant to this part.
36614.6. “Property-based assessment”
“Property-based assessment” means any assessment made pursuant to this part upon real property.
36614.7. “Property-based district”
“Property-based district” means any district in which a city levies a property-based assessment.
36615. “Property owner”; “Business owner”; “Owner”
“Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise
known to be the owner of land by the city council. “Business owner” means any person recognized by t he city as the
owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation
to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final
and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the
signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature
of the business owner, the signature of the authorized agent of the business owner shall be sufficient.
36615.5. “Special benefit”
“Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above
general benefits conferred on real property located in a district or to the public at large. Special benefit includes
incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts
even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general
enhancement of property value.
36616. “Tenant”
“Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.
ARTICLE 3. Prior Law
36617. Alternate method of financing certain improvements and activities; Effect on other provisions
This part provides an alternative method of financing certain improvements and activities. The provisions of this part
shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or
activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking
and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and
effective and is unaffected by this part.
CHAPTER 2. Establishment
36620. Establishment of property and business improvement district
A property and business improvement district may be established as provided in this chapter.
36620.5. Requirement of consent of city council
A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of
that city. A city may not form a district within the unincorporated territory of a county without the consent of the board
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of supervisors of that county. A city may not fo rm a district within the territorial jurisdiction of another city without
the consent of the city council of the other city.
36621. Initiation of proceedings; Petition of property or business owners in proposed district
(a) Upon the submission of a written petition, signed by the property or business owners in the proposed
district who will pay more than 50 percent of the assessments proposed to be levied, the city council may
initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district.
The amount of assessment attributable to property or a business owned by the same propert y or business
owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be
included in determining whether the petition is signed by property or business owners who will pay more
than 50 percent of the total amount of assessments proposed to be levied.
(b) The petition of property or business owners required under subdivision (a) shall include a summary of
the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained.
(3) Information specifying that the complete management district plan shall be furnished upon
request.
(c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of
the proposed assessment, a statement as to whether the assessment will be levied on property or
businesses within the district, a statement as to whether bonds will be issued, and a description of
the exterior boundaries of the proposed district, which may be made by reference to any plan or map
that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be
sufficient if they enable an owner to generally identify the nature and extent of the improvements,
maintenance, and activities, and the location and extent of the proposed district.
(2) A time and place for a public hearing on the establishment of the property and business
improvement district and the levy of assessments, which shall be consistent with the requirements
of Section 36623.
36622. Contents of management district plan
The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel
of property and, if businesses are to be assessed, each business within the district. If the assessment will be
levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner
to reasonably determine whether a business is located within the district boundaries. If the assessment will
be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property
and to allow a business owner to reasonably determine whether a business is located within the district
boundaries.
(b) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for
establishment or extension in a manner sufficient to identify the affected property and businesses included,
which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a
proposed property assessment district shall not overlap with the boundaries of another existing property
assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created
pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law,
including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing
with Section 36500)). This part does not prohibit the boundaries of a business assessment district created
pursuant to this part to overlap with another business assessment district created pursuant to this part. This
part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap
with a property assessment district created pursuant to this part.
(d) The improvements, maintenance, and activities proposed for each year of operation of the district and the
maximum cost thereof. If the improvements, maintenance, and activities proposed for each year of operation
are the same, a description of the first year’s proposed improvements, maintenance, and activities and a
statement that the same improvements, maintenance, and activities are proposed for subsequent years shall
satisfy the requirements of this subdivision.
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(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt
service in each year of operation of the district. If the assessment is levied on businesses, this amount may
be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year
of operation of the district is not significantly different, the amount proposed to be expended in the initial
year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this
subdivision.
(f) The proposed source or sources of financing, including the proposed method and basis of levying the
assessment in sufficient detail to allow each property or business owner to calculate the amount of the
assessment to be levied against his or her property or business. The plan also shall state whether bonds will
be issued to finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be levied. In a new district, the maximum number
of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding
these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy
assessments until the maximum maturity of the bonds. The management district plan may set forth specific
increases in assessments for each year of operation of the district.
(i) The proposed time for implementation and completion of the management district plan.
(j) Any proposed rules and regulations to be applicable to the district.
(k) (1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for
properties to be assessed, and a statement of the method or methods by which the expenses of a
district will be imposed upon benefited real property or businesses, in proportion to the benefit
received by the property or business, to defray the cost thereof.
(2) In a property-based district, the proportionate special benefit derived by each identified parcel
shall be determined exclusively in relationship to the entirety of the capital cost of a public
improvement, the maintenance and operation expenses of a public improvement, or the cost of the
activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the
proportional special benefit conferred on that parcel. Only special benefits are assessable, and a
property-based district shall separate the general benefits, if any, from the special benefits conferred
on a parcel. Parcels within a property-based district that are owned or used by any city, public
agency, the State of California, or the United States shall not be exempt from assessment unless the
governmental entity can demonstrate by clear and convincing evidence that those publicly owned
parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects
that arise from the improvements, maintenance, or activities of a property-based district and that
benefit property or persons not assessed shall not be deducted from the entirety of the cost of any
special benefit or affect the proportionate special benefit derived by each identified parcel.
(l) In a property-based district, the total amount of all special benefits to be conferred upon the properties
located within the property-based district.
(m) In a property-based district, the total amount of general benefits, if any.
(n) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer
certified by the State of California supporting all assessments contemplated by the management district plan.
(o) Any other item or matter required to be incorporated therein by the city council.
36623. Procedure to levy assessment
(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and
hearing procedure shall comply with Section 53753 of the Government Code.
(b) If a city council proposes to levy a new or increased business assessment, the notice and protest and
hearing procedure shall comply with Section 54954.6 of the Government Code, except that noti ce shall be
mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing
by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the
public hearing. The city council may waive any irregularity in the form or content of any written protest. A
written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each
written protest shall contain a description of the business in which the person subscribing the protest is
interested sufficient to identify the business and, if a person subscribing is not shown on the official records
of the city as the owner of the business, the protest shall contain or be accompanied by written evi dence that
the person subscribing is the owner of the business or the authorized representative. A written protest that
does not comply with this section shall not be counted in determining a majority protest. If written protests
are received from the owners or authorized representatives of businesses in the proposed district that will pay
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50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce
the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such
businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date
of the finding of a majority protest by the city council.
(c) If a city council proposes to conduct a single proceeding to levy both a new or increased property
assessment and a new or increased business assessment, the notice and protest and hearing procedure for the
property assessment shall comply with subdivision (a), and the notice and protest and hea ring procedure for
the business assessment shall comply with subdivision (b). If a majority protest is received from either the
property or business owners, that respective portion of the assessment shall not be levied. The remaining
portion of the assessment may be levied unless the improvement or other special benefit was proposed to be
funded by assessing both property and business owners.
36624. Changes to proposed assessments
At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or
modify the proposed assessment or the type or types of improvements, maintenance , and activities to be funded with
the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the
public hearing, the city council may only make changes in, to, or from the boundaries of the proposed prop erty and
business improvement district that will exclude territory that will not benefit from the proposed improvements,
maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district
shall be reflected in the notice and map recorded pursuant to Section 36627.
36625. Resolution of formation
(a) If the city council, following the public hearing, decides to establish a proposed property and business
improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited
to, all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of
the proposed assessment, a statement as to whether the assessment will be levied on property,
businesses, or both within the district, a statement on whether bonds will be issued, and a description
of the exterior boundaries of the proposed district, which may be made by reference to any plan or
map that is on file with the clerk. The descriptions and statements need not be detailed and shall be
sufficient if they enable an owner to generally identify the nature and extent of the improvements,
maintenance, and activities and the location and extent of the proposed district.
(2) The number, date of adoption, and title of the resolution of intention.
(3) The time and place where the public hearing was held concerning the establishment of the
district.
(4) A determination regarding any protests received. The city shall not establish the district or levy
assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established
by the resolution shall be subject to any amendments to this part.
(6) A statement that the improvements, maintenance, and activities to be conferred on businesses
and properties in the district will be fu nded by the levy of the assessments. The revenue from the
levy of assessments within a district shall not be used to provide improvements, maintenance, or
activities outside the district or for any purpose other than the purposes specified in the resolutio n
of intention, as modified by the city council at the hearing concerning establishment of the district.
Notwithstanding the foregoing, improvements and activities that must be provided outside the
district boundaries to create a special or specific benefi t to the assessed parcels or businesses may
be provided, but shall be limited to marketing or signage pointing to the district.
(7) A finding that the property or businesses within the area of the property and business
improvement district will be benefited by the improvements, maintenance, and activities funded by
the proposed assessments, and, for a property-based district, that property within the district will
receive a special benefit.
(8) In a property-based district, the total amount of all special benefits to be conferred on the
properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant
to Section 36627 shall constitute the levy of an assessment in each o f the fiscal years referred to in the
management district plan.
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36626. Resolution establishing district
If the city council, following the public hearing, desires to establish the proposed property and business improvement
district, and the city council has not made changes pursuant to Section 36624, or has made changes that do not
substantially change the proposed assessment, t he city council shall adopt a resolution establishing the district. The
resolution shall contain all of the information specified in Section 36625.
36627. Notice and assessment diagram
Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625 or
Section 36626, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision
of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part.
36628. Establishment of separate benefit zones within district; Categories of businesses
The city council may establish one or more separate benefit zones within the district based upon the degree of benefit
derived from the improvements or activities to be provided within the benefit zone and may impose a different
assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define
categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to
be provided within the district and may impose a different assessment or rate of assessment on each category of
business, or on each category of business within each zone.
36628.5. Assessments on businesses or property owners
The city council may levy assessments on businesses or on property owners, or a combina tion of the two, pursuant to
this part. The city council shall structure the assessments in whatever manner it determines corresponds with the
distribution of benefits from the proposed improvements, maintenance, and activities, provided that any property -
based assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622.
36629. Provisions and procedures applicable to benefit zones and business categories
All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business
improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of
business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the
procedure to establish, modify, or disestablish a property and business improvement district.
36630. Expiration of district; Creation of new district
If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section
36622, a new management district plan may be created and the district may be renewed pursuant to this part.
CHAPTER 3. Assessments
36631. Time and manner of collection of assessments; Delinquent payments
The collection of the assessments levied pursuant to this part shall be made at the time and in the manner s et forth by
the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the
same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and
penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged
interest and penalties.
36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion
of residential and agricultural property
(a) The assessments levied on real property pursuant to this part shall be levied on the basis o f the estimated
benefit to the real property within the property and business improvement district. The city council may
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classify properties for purposes of determining the benefit to property of the improvements and activities
provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit
to the businesses within the property and business improvement district. The city council may classify
businesses for purposes of determining the benefit to the businesses of the improvements and activities
provided pursuant to this part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively
presumed not to benefit from the improvements and service funded through these assessments, and shall not
be subject to any assessment pursuant to this part.
36633. Time for contesting validity of assessment
The validity of an assessment levied under this part shall not be contested in any action or proceeding unless the action
or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursua nt to Section
36626. Any appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry
of judgment.
36634. Service contracts authorized to establish levels of city services
The city council may execute baseline service contracts that would establish levels of city services that would continue
after a property and business improvement district has been formed.
36635. Request to modify management district plan
The owners’ association may, at any time, request that the city council modify the management district plan. Any
modification of the management district plan shall be made pursuant to this chapter.
36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention
(a) Upon the written request of the owners’ association, the city council may modify the management district
plan after conducting one public hearing on the proposed modifications. The city council may modify the
improvements and activities to be funded with the revenue derived from the levy of the assessments by
adopting a resolution determining to make the modifications after holding a public hearing on the proposed
modifications. If the modification includes the levy of a new or increased assessment, the city council shall
comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with
both of the following:
(1) The resolution of intention shall be published in a newspaper of general circulation in the city
once at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days
before the public hearing, to each business owner or property owner affected by the proposed
modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the
public hearing required by this section. The public hearing shall be held not more than 90 days after the
adoption of the resolution of intention.
36637. Reflection of modification in notices recorded and maps
Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to
Division 4.5 (commencing with Section 3100), in a manner consistent with the p rovisions of Section 36627.
CHAPTER 3.5. Financing
36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments
(a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the
estimated cost of some or all of the proposed improvements described in the resolution of formation adopted
pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the
issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500))
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or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section
6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall
govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915
may be modified by the city council as necessary to accommodate assessments levied upon business pursuant
to this part.
(b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements
specified in the resolution of formation ad opted pursuant to Section 36625, set forth the estimated cost of
those improvements, specify the number of annual installments and the fiscal years during which they are to
be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated
to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on
any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with
the timely retirement of the debt.
CHAPTER 4. Governance
36650. Report by owners’ association; Approval or modification by city council
(a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for
which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and
activities described in the report. The owners’ association’s first report shall be due after the first year of
operation of the district. The report may propose changes, including, but not limited to, the boundaries of the
property and business improvement district or any benefit zones within the district, the basis and method of
levying the assessments, and any changes in the classification of property, including any categories of
business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district
by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain
all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in
any benefit zones or classification of property or businesses within the district.
(2) The improvements, maintenance, and activities to be provided for that fiscal year.
(3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal
year.
(4) The method and basis of levying the assessment in sufficient detail to allow each real property
or business owner, as appropriate, to estimate the amount of the assessment to be levied against his
or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal
year.
(6) The estimated amount of any contributions to be mad e from sources other than assessments
levied pursuant to this part.
(c) The city council may approve the report as filed by the owners’ association or may modify any particular
contained in the report and approve it as modified. Any modification shall be m ade pursuant to Sections
36635 and 36636.
The city council shall not approve a change in the basis and method of levying assessments that would impair
an authorized or executed contract to be paid from the revenues derived from the levy of assessments,
including any commitment to pay principal and interest on any bonds issued on behalf of the district.
36651. Designation of owners’ association to provide improvements, maintenance, and activities
The management district plan may, but is not required to, state that an owners’ association will provide the
improvements, maintenance, and activities described in the management district plan. If the management district plan
designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services.
CHAPTER 5. Renewal
36660. Renewal of district; Transfer or refund of remaining revenues; District term limit
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(a) Any district previously established whose term has expired, or will expire, may be renewed by following
the procedures for establishment as provided in this chapter.
(b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived
from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed
district includes additional parcels or businesses not included in the prior district, the remaining revenues
shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not
include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels
shall be refunded to the owners of these parcels or businesses.
(c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the distric t is authorized to issue
bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments,
improvements, or activities of a renewed district be the same as the original or prior district.
CHAPTER 6. Disestablishment
36670. Circumstances permitting disestablishment of district; Procedure
(a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness,
outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by
resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of
law in connection with the management of the district, it shall notice a hearing on disestablishment.
(2) During the operation of the district, there shall be a 30-day period each year in which assessees
may request disestablishment of the district. The first such period shall begin one year after the date
of establishment of the district and shall continue for 30 days. The next such 30 -day period shall
begin two years after the date of the establishment of the district. Each successive year of operation
of the district shall have such a 30-day period. Upon the written petition of the owners or authorized
representatives of real property or the owners or authorized r epresentatives of businesses in the
district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution
of intention to disestablish the district. The city council shall notice a hearing on disestablishment.
(b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing
required by this section. The resolution shall state the reason for the disestablishment, shall state the time and
place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues
of the assessments levied within the property and business improvement district. The notice of the hearing
on disestablishment required by this section shall be given by mail to the property owner of each parcel or to
the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the
public hearing not less than 30 days after mailing the notice to the property or business owners. The public
hearing shall be held not more than 60 days after the adoption of the resolution of intention.
36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district;
Calculation of refund; Use of outstanding revenue collected after disestablishment of district
(a) Upon the disestablishment or expiration without renewal of a district, any remaining reve nues, after all
outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired
with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property
or businesses then located and operating within the district in which assessments were levied by applying the
same method and basis that was used to calculate the assessments levied in the fiscal year in which the district
is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be
spent on improvements and activities specified in the management district plan.
(b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that
was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the
amount of any refund.
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APPENDIX 2 – ASSESSED BUSINESSES*
Business Name Address City, State, ZIP
777 Motor Inn 16240 Pacific Coast Hwy. Huntington Beach, CA 92649
Beach Inn Motel 18112 Beach Blvd. Huntington Beach, CA 92648
Best Western Harbour Inn &
Suites 16912 Pacific Coast Hwy. Sunset Beach, CA 90742
Best Western Surf City 19360 Beach Blvd. Huntington Beach, CA 92648
Comfort Suites Huntington Beach 16301 Beach Blvd. Huntington Beach, CA 92647
Extended Stay America 5050 Skylab Rd. Huntington Beach, CA 92647
Hotel Europa 7561 Center Ave. #46 Huntington Beach, CA 92647
Huntington Beach Inn 800 Pacific Coast Hwy. Huntington Beach, CA 92648
Huntington Suites 7971 Yorktown Ave. Huntington Beach, CA 92648
Huntington Surf Inn 720 Pacific Coast Hwy. Huntington Beach, CA 92648
Hyatt Regency Huntington Beach
Resort and Spa 21500 Pacific Coast Hwy. Huntington Beach, CA 92648
Kimpton Shorebreak Hotel 500 Pacific Coast Hwy. Huntington Beach, CA 92648
Ocean Surf Inn & Suites 16555 Pacific Coast Hwy. Sunset Beach, CA 90742
Oceanview Motel 16196 Pacific Coast Hwy. Huntington Beach, CA 92649
Pasea Hotel & Spa 21080 Pacific Coast Hwy. Huntington Beach, CA 92648
Quality Inn & Suites Huntington
Beach 17251 S. Beach Blvd. Huntington Beach, CA 92647
Springhill Suites by Marriott 7872 Edinger Ave. Huntington Beach, CA 92647
Starlight Inn 18382 Beach Blvd. Huntington Beach, CA 92648
Sun n Sands Inn 1102 Pacific Coast Hwy. Huntington Beach, CA 92648
Surf City Inn 16220 Pacific Coast Hwy. Huntington Beach, CA 92649
The Hotel Huntington Beach 7667 Center Ave. Huntington Beach, CA 92647
The Waterfront Beach Resort, a
Hilton Hotel 21100 Pacific Coast Hwy. Huntington Beach, CA 92648
Travelodge Ocean Front 17205 Pacific Coast Hwy. Sunset Beach, CA 90742
*As of September 2018
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City of Huntington Beach
File #:18-415 MEETING DATE:10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Robert Handy, Chief of Police
Subject:
Adopt Ordinance 4155 amending Chapter 10.44 of the Huntington Beach Municipal Code
(HBMC) relating to oversized vehicles
(Approved for introduction as amended by Supplemental Communication on October 1, 2018 -
Vote: 7-0)
Statement of Issue:
Ordinance No. 4155 was introduced to amend Chapter 10.44 of the Huntington Beach Municipal
Code to enforce parking rules related to oversized vehicles in our City.
Financial Impact:
There are minor costs associated with the recommended changes to the Oversized Vehicle
Ordinance for new signage at City limits. These costs will be absorbed within the citywide adopted
Budget for Fiscal Year 2018/19.
Recommended Action:
Adopt Ordinance No. 4155, “An Ordinance of the City of Huntington Beach Amending Chapter 10.44
of the Huntington Beach Municipal Code Relating to Parking - Time Limits.”
Alternative Action(s):
Reject the Ordinance amendment to the Huntington Beach Municipal Code and direct staff
accordingly.
Attachment(s):
1. Revised Ordinance 4155
2. Revised Legislative Draft - Ordinance 4155
3. 10-1-18 Staff Report and Materials
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City of Huntington Beach
File #:18-359 MEETING DATE:10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Ursula Luna-Reynosa, Director of Community Development
Subject:
Approve Mitigated Negative Declaration No. 16-002, Resolution No. 2018-27 approving
General Plan Amendment No. 16-001, and Ordinance No. 4161 approving Zoning Map
Amendment No. 16-002 (Sea Dance Residential Development - 14422 Hammon Lane)
Statement of Issue:
Transmitted for your consideration is a request by TRI Pointe Homes to amend the land use
designations to Low Density Residential and Open Space - Park at the former Franklin School site.
The Planning Commission and staff recommend approval of the request.
Financial Impact:
As approved by the Planning Commission via separate action on Tentative Tract Map No. 18147 and
Conditional Use Permit No. 16-031, a two hundred fifty thousand dollar ($250,000) contribution shall
be submitted to the Public Works Department for deposit into Fund 241 prior to the issuance of
building permits. The funds will be retained until applied to the costs of improvements to the Navy
railroad right-of-way or other park and recreation facilities in the vicinity.
Recommended Action:
PLANNING COMMISSION AND STAFF RECOMMENDATION:
A) Approve Mitigated Negative Declaration No. 16-002 with findings for approval (Attachment No.1);
and,
B) Approve General Plan Amendment No. 16-001 by adopting City Council Resolution No. 2018-
27, “A Resolution of the City Council of the City of Huntington Beach Approving General Plan
Amendment No. 2016-001 (Attachment No. 2);” and,
C) Approve Zoning Map Amendment No. 16-002 with findings for approval and approve for
introduction Ordinance No. 4161, “An Ordinance of the City of Huntington Beach Amending District
Map 9 (Sectional Map 9-5-11) of the Huntington Beach Zoning and Subdivision Ordinance to Rezone
the Real Property Located at 14422 Hammon Lane From Public - Semipublic (PS) to Residential Low
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File #:18-359 MEETING DATE:10/15/2018
Density (RL) and Open Space - Park and Recreation (OS - PR) Zoning Map Amendment No. 2016-
002 (Attachment No. 3).
Alternative Action(s):
The City Council may make the following alternative motion(s):
1. Continue Mitigated Negative Declaration No. 16-002, General Plan Amendment No. 16-001,
and Zoning Map Amendment No. 16-002 and direct staff to return with findings for denial.
2. Continue Mitigated Negative Declaration No. 16-002, General Plan Amendment No. 16-001,
and Zoning Map Amendment No. 16-002 and direct staff accordingly.
Analysis:
A.PROJECT PROPOSAL:
Applicant: Rick Wood, TRI Pointe Homes, 5 Peters Canyon Suite 100, Irvine, CA 92606
Property Owner: Westminster School District, 14121 Cedarwood Avenue, Westminster, CA
92683
Mitigated Negative Declaration No. 16-001 represents a request to analyze the potential
environmental impacts associated with the project pursuant to Chapter 240 - Environmental
Review of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and the
California Environmental Quality Act (CEQA).
General Plan Amendment No. 16-001 represents a request to amend the existing land use
designation from Public (underlying Low Density Residential) (P(RL)) to Low Density
Residential (RL) and Open Space Park (OS-PR) (Attachment No. 4).
Zoning Map Amendment No. 16-002 represents a request to amend the existing zoning
designation from Public-Semipublic (PS) to Low Density Residential (RL) and Open Space -
Parks to be consistent with the proposed General Plan Land Use Element designation
Pursuant to Chapter 247 - Amendments of the HBZSO (Attachment No. 5).
The proposed MND, GPA, and ZMA are prerequisites to allow for the construction of 51
detached single-family dwelling units and a 1.30-acre dedicated park on an approximately
8.75 closed school site (Franklin School). It should be noted the project also included Tentative
Tract Map No. 18147 and Conditional Use Permit No. 16-031 to permit the construction of 51
detached single-family dwelling units as a Planned Unit Development (PUD) as well as a
dedicated and improved 1.30-acre park. The Planning Commission approved the development
entitlements at their meeting on September 11, 2018. No appeals of the Planning
Commission’s action on the development entitlements were filed within the 10-day appeal
period that ended on September 21, 2018. These entitlements were conditioned so they do
not become effective until the GPA and ZMA have been approved and in effect.
B.BACKGROUND:
The closed Franklin School site is approximately 8.75-acres and owned by Westminster
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The closed Franklin School site is approximately 8.75-acres and owned by Westminster
School District (WSD). The school site was constructed in 1962 during the time when the
original residential subdivision in the area was developed. In 1994, the Franklin School closed
due to under enrollment, but in 1996 the school property was leased to the Orange County
Head Start program, which utilized the school site until 2015 when the lease was terminated.
The site closed thereafter.
The project was initially proposed with 53 single-family dwellings, private streets, public
utilities, a water quality basin lot, and a 1.15-acre public park. The project was scheduled for a
public hearing before the Planning Commission on July 10, 2018; however,the Applicant
requested a postponement of the project in order to address the concerns of the surrounding
neighborhood. As such, the project was revised to increase the public park dedication from
1.15-acres to 1.30-acres, which matches the size of the existing Franklin Park. The increase in
park dedication resulted in the loss of two residential units (from 53 to 51 single-family dwelling
units). In response to numerous comment letters from the surrounding community, the
Applicant revised the park location to match the linear shape of the existing Franklin Park. The
revised park design is sited along Sands Drive and the northeast corner of the subdivision has
been revised to include three flag-lots.
The project is designed as a PUD which allows for flexibility in development standards to
encourage innovative land use development that achieves high quality site planning, design,
and aesthetically pleasing environments through architecture and landscape improvements. It
is a mechanism used to allow for supplemental development standards, and in exchange
requires the applicant to provide mutual public benefits above and beyond the minimum code
requirements of the project. Public benefits may include the creation of permanent open
space, recreational facilities, infrastructure, utilities, and other public improvements. Although
the variation in lot sizes creates flexibility in development, the proposed single-family homes
comply with all other development standards for RL zoning district and provides a design that
is compatible with the neighborhood with similar building orientations (i.e., rear yards abutting
rear yards and front yards facing front yards) which maintains the overall character and design
layout of the existing neighborhood. The applicant proposes the following public benefits:
·Parkland dedication and improvements: Pursuant to the Quimby Act, the Applicant is
only required to dedicate 0.74 acres of land for park purposes with very minimal physical
improvements. The Applicant is proposing to dedicate 1.30 acres (a surplus of 0.56 acres)
and to design and install the park improvements so that the community has a new,
improved park prior to the new homes being occupied.
·Allowing the public to utilize the private streets to park on for access to the dedicated
park.
·Public Art: The project will include installation of public art.
·$250,000 monetary contribution toward Navy right-of-way improvements (possible open
space trail adjacent to project site) or other recreational facilitates in the vicinity.
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File #:18-359 MEETING DATE:10/15/2018
C.PLANNING COMMISSION MEETING AND RECOMMENDATION:
On September 11, 2018, the Planning Commission held a public hearing on the draft MND,
the GPA, ZMA, and the associated development entitlements for the Sea Dance Residential
project. Staff gave a presentation and overview of the proposed project and answered
questions from the Planning Commission. Rick Wood, the applicant and representative of TRI
Pointe Homes provided additional history and information on the project.
In total, there were six speakers that spoke at the public hearing. Most of the speakers were
residents of the neighborhood. Most of the speakers were generally in support of the project,
but voiced concerns related to earmarking the $250,000 monetary contribution for the Navy
right-of-way improvements.
The Planning Commission unanimously approved the development entitlements and
recommended approval of the GPA, ZMA, and MND to be forwarded to the City Council for
adoption. A more detailed description and analysis of the project is provided in the Planning
Commission staff report dated September 11, 2018 (ATTACHMENT NO. 6)
Planning Commission Action on September 11, 2018:
The motion was made by Grant, seconded by Kalmick, to recommend approval of General
Plan Amendment No. 16-001 and Zoning Map Amendment No. 16-002 to be forwarded to the
City Council for adoption.
Motion carried by the following vote:
Ayes: Scandura, Garcia, Grant, Ray, Kalmick, Crowe, Mandic
Abstain: None
Absent: None
D.ANALYSIS AND RECOMMENDATION:
General Plan Amendment
The Applicant proposes to amend the General Plan Land Use Element designation of PS-RL
(Public-Semipublic with an underlying designation of Low Density Residential) to RL (Low
Density Residential) and OS-P (Open Space-Park). The RL land use designation allows for
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Density Residential) and OS-P (Open Space-Park). The RL land use designation allows for
single-family residential units at a maximum density of seven dwelling units per acre, and the
OS-P designation allows for public parks. The amendment of the land use designation is
consistent with the existing density and uses in the vicinity of the project site. The subject site
is surrounded by single-family uses (max. seven dwelling units/acre) with detached, single-
family residences units to the north, south, east, and west of the subject site. The proposed RL
land use designation will be consistent with the existing designation located within the
surrounding area.
The request includes an amendment to the Environmental Resources and Conservation
Element (ERC) to amend Figures ERC-1, ERC-2, ERC-3, and Table ERC-4 to reflect the new
park layout. The City established parkland acreage standards to ensure the community has
enough parks to serve the population. The City’s standard requires a minimum of five acres
per 1,000 residents. In Huntington Beach, based on the most recent population estimate,
193,189 residents occupy the City and there are approximately 1,073 acres of public parks.
Therefore, the City provides approximately 5.4 acres of parkland for every 1,000 residents.
The previously adopted General Plan from 2013 shows Franklin Park as a 1.52-acre park;
however, the total acreage includes the public right-of-way (sidewalk, parkway, street to the
centerline of Sands Drive), which is inaccurate. The actual existing park is measured at 1.30-
acres. The proposed development of 51 detached single-family residential units would result in
an increase of approximately 137 persons; and due to this limited increase in population, the
0.22-acre reduction of parkland (1.52 minus 1.30 = 0.22) would not affect the current
calculations of 5.4 acres per 1,000 residents. The proposed park with park improvements and
the reduction of 0.22-acre (no change in actual parkland acreage) will be consistent with the
goals and policies contained within the ERC, and the minimum park acreage per 1,000
residents.
Staff believes the proposed RL land use designation, the amendment to the figures within the
ERC to reflect the changes to the new park layout, and the project will be consistent with the
goals, polices, and objectives of the Land Use, Housing, Public Services and Infrastructure,
and Environmental Resources and Conservation elements of the General Plan. The proposed
project will contribute to the City’s housing stock, including affordable housing, thereby
assisting to achieve the City’s overall housing goals and providing a public park while
maintaining the character of the surrounding residential neighborhood by providing a land use
that is compatible and harmonious with the surrounding uses, and enhances the image and
quality of life in the environment. The proposed project is consistent with the identified goals,
policies, and objectives contained in the General Plan and with implementation of identified
mitigation measures will not have a negative impact on the environment.
Zoning Map Amendment
The proposed zoning designation for the subject site is Low Density Residential (RL) for the
residential component and Open Space - Parks and Recreation Subdistrict (OS-PR) for the
public park. This designation permits single-family residential use within residential
neighborhoods with a maximum density of seven dwelling units per acre. Development
standards require a minimum parcel size of 6,000 square feet, minimum lot width of 60 feet,
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standards require a minimum parcel size of 6,000 square feet, minimum lot width of 60 feet,
maximum building height of 35 feet, and maximum lot coverage of 50 percent unless
alternative lot sizes are approved as a PUD with public benefits above and beyond minimum
code requirements. Additional requirements are identified in Chapter 210, Residential
Districts.
Properties to the north, south, east, and west are zoned RL and developed with single-family
residential uses. The proposed zoning map amendment to RL would be compatible with
existing zoning designations surrounding the project site as well as the proposed General Plan
Land Use Element designation. The amendment of the zoning designation for the subject site
from Public-Semipublic (PS) to RL and OS-PR implements the proposed General Plan Land
Use designation of Low Density Residential.
The proposed project will comply with the minimum setbacks, minimum parking, and
maximum building height requirements of the RL zoning district with minimum lot widths and
lot size exceptions that are proposed as part of the PUD design for the project. The proposed
project complies with all other requirements of the HBZSO including regulations pertaining to
subdivisions and park dedications.
The proposed residential designation is the appropriate zoning for the site because it provides
a continuation of a compatible zoning designation that allows for single-family neighborhoods
with detached single-family residences that continues the single-family residential character of
the surrounding area. The proposed zoning results in development that is compatible in
density, design, layout, and character to the adjacent single-family residential uses. Staff
recommends approval of the zoning map amendment to RL.
Environmental Status:
On March 28, 2018, the Environmental Assessment Committee (EAC) approved the processing of a
mitigated negative declaration (MND) for the project. Staff reviewed the environmental assessment
and determined the project would not have significant environmental impacts with incorporation of
recommended mitigation measures that were identified for potential impacts to aesthetics, biological
resources, cultural resources, tribal resources, and mandatory findings of significance.
Subsequently, draft Mitigated Negative Declaration No. 16-002 (Attachment No. 10a) was prepared
with mitigation measures pursuant to Section 240.04 of the HBZSO and the provisions of CEQA.
Draft MND No. 16-002 was made available for a 20-day public comment period, which commenced
on April 19, 2018 and concluded on May 8, 2018. Seventy-three (73) comment letters were received
on the MND and responses to comments and errata are provided as Attachment No. 8 to this report.
On September 11, 2018, the Planning Commission approved Mitigated Negative Declaration No. 16-
002 and recommended adoption to the City Council. Prior to any action on the project, it is necessary
for the City Council to review and act on Mitigated Negative Declaration No. 16-002. Staff is
recommending the MND be approved with findings and mitigation measures.
Strategic Plan Goal:
Improve quality of life
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Attachment(s):
1. Findings for Approval - Mitigated Negative Declaration No. 16-002, Zoning Map Amendment
No. 16-002
2. City Council Resolution No. 2018-27 for General Plan Amendment No. 16-001
3. City Council Ordinance No. 4161 for Zoning Map Amendment No. 16-002
4. Existing and Proposed General Plan Land Use Designation Maps
5. Existing and Proposed Zoning Maps
6. Planning Commission Staff Report dated September 11, 2018
7. Mitigated Negative Declaration No. 16-002 - refer to website:
<https://huntingtonbeachca.gov/government/departments/planning/environmental-
8. Mitigated Negative Declaration No. 16-002 - Response to Comments and Errata
9. Tentative Tract Map No. 18147 and Site Plan dated July 30, 2018 - FOR REFERENCE ONLY
10. Planning Commission Notice of Action dated September 12, 2018
11. PowerPoint Presentation
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Attachment No. 1
ATTACHMENT NO. 1
SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL
MITIGATED NEGATIVE DECLARATION NO. 16-002
ZONING MAP AMENDMENT NO. 16-002
SUGGESTED FINDINGS FOR APPROVAL – MITIGATED NEGATIVE DECLARATION NO. 16-002:
1. Mitigated Negative Declaration No. 16-002 has been prepared in compliance with Article 6 of the
California Environmental Quality Act (CEQA) Guidelines because it was advertised and available for a
public comment period of twenty (20) days. Comments received during the comment period were
considered by the Planning Commission prior to action on the Mitigated Negative Declaration No. 16-
002, General Plan Amendment No.16-001, Zoning Map Amendment No. 16-002, Tentative Tract Map
No.18147, and Conditional Use Permit No. 16-031. The project initially was proposed with 51 dwelling
units and a 1.15-acre public park. Subsequent to the public comment period on the draft MND, and in
response to comments received from the public on the draft MND, the project was revised to reduce
the proposed number of units to 51 detached single-family dwelling units. The reduction in units was
a result of an increase in the proposed park area from 1.15-acre to 1.30-acre to ensure that there would
be no reduction in actual park acreage when compared to the existing park. As analyzed in the draft
MND, all impacts based on the 51-unit project are anticipated to be less than significant or reduced to
a less than significant level with incorporation of mitigation measures. As such, the revised project is
also anticipated to result in less than significant impacts or less than significant with incorporation of
mitigation measures. In addition, the changes to the project do not require recirculation of the draft
MND in accordance with Section 15073.5 of CEQA, as the changes do not affect the level of
significance of any potential impacts, the mitigation measures do not need to be revised, and the project
changes do not result in new mitigation measures.
2. Mitigation measures, are incorporated into the project conditions of approval, to avoid or reduce the
project’s effects to a point where clearly no significant effect on the environment will occur. Mitigation
measures are incorporated to address potentially significant impacts to aesthetics, biological
resources, cultural resources, tribal cultural resources, and mandatory findings of significance. The
proposed aesthetics mitigation measure will require the applicant to provide an updated arborist report
documenting all existing trees to be removed including trees within the existing Franklin Park area, the
closed school site, and within the parkway; and to replace removed mature trees at a minimum 2:1
ratio. The proposed biological resources mitigation measure will require the applicant to provide an
updated arborist report and a landscape plan prepared by a qualified landscape architect to identify
tree species that will provide suitable roosting habitat for the Monarch butterfly. The second mitigation
measure for biological resources will require the applicant to not start construction during the bird
nesting season (February 1 to August 31); and if it cannot be avoided, a certified and qualified biologist
shall conduct a pre-construction nesting bird survey prior to the removal of trees and shrubs with
specific protocols if nests are found. The proposed mitigation measures for cultural resources and tribal
cultural resources require the applicant to obtain services of a qualified Native American Monitor during
construction related ground disturbance activities for the purpose to monitor and maintain daily logs of
the activities, locations, soil, and any cultural materials identified. If any resources are found, the Native
American Monitor will coordinate with the Tribe and landowner regarding treatment and curation of
found resources. Furthermore, to mitigate impacts to cultural resources, any discoveries of human
skeletal material shall be immediately reported to the County Coroner and the Native American Monitor
shall immediately divert work at a minimum of 50 ft. and place an exclusionary zone around the burial.
As such, with incorporation and implementation of the above-described mitigation measures,
potentially significant impacts would be reduced to a less than significant level.
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Attachment No. 1
3. There is no substantial evidence in light of the whole record before the Planning Commission that the
project, as mitigated, will have a significant effect on the environment. Potential impacts from the
project are minimized to a less than significant level through the project design, standard code
requirements and the recommended mitigation measures.
SUGGESTED FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT NO. 16-002:
1. Zoning Map Amendment No. 16-002 to rezone the 8.75-acre project site from Public-Semipublic (PS)
to Residential Low Density (RL) and Open Space-Parks and Recreation Subdistrict (OS-PR) is
consistent with the goals, objectives, and land use policies of the General Plan as identified below.
The proposed change is also consistent with General Plan Amendment No. 16-001, which is being
processed concurrently. The land uses in the surrounding area are consistent with the proposed
change in zoning because surrounding land uses include low-density residential uses to the north,
east, west, and south. As discussed in the mitigated negative declaration for this project, there will be
appropriate infrastructure and services available to support the proposed development. The proposed
zoning map amendment would be consistent with the following General Plan goals, objectives and
policies:
A.Land Use Element
Goal LU-1:New commercial, industrial, and residential development is coordinated to ensure that the
land use pattern is consistent with the overall goals and needs of the community.
Policy LU-1A: Ensure that development is consistent with the land use designations presented in the
Land Use Map, including density, intensity, and use standards applicable to each land use designation.
Policy LU-1B: Ensure new development supports the protection and maintenance of environmental
and open spaces resources.
Policy LU-1C: Support infill development, consolidation of parcels, and adaptive reuse of existing
buildings.
Policy LU-1D: Ensure that new development projects are of compatible proportion, scale and character
to complement adjoining uses.
The project is consistent with the land use designation of RL (Low Density Residential) as the single-
family dwelling project meets the maximum density allowed in the RL designation of seven dwelling
units per acre. The proposed project will maintain environmental and open space resources by
dedicating 1.30-acres of a public park and the installation of park improvements. Furthermore, the
project is an infill development, as the closed school site will be demolished to develop single-family
residences, which meets the policies of the General Plan to reuse sites that are underutilized. Lastly,
the project is complementary to the adjacent single-family residences and is compatible in proportion,
scale, and character. The proposed project site is entirely surrounded by one- and two-story single-
family residences. The proposed architectural design of the new homes will complement the existing
homes by providing a mix of one- and two-story dwellings, building setbacks, and architectural styles
that are compatible with the surrounding neighborhood and is consistent with the development
standards in the HBZSO.
Policy LU-2D: Maintain and protect residential neighborhoods by avoiding encroachment of
incompatible land uses.
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Attachment No. 1
Policy LU-2E: Intensify the use and strengthen the role of public art, architecture, landscaping, site
design, and development patterns to enhance the visual image of Huntington Beach.
The proposed detached, single-family residential project will maintain the residential neighborhood and
enhance the visual image of the community. The proposed General Plan land use designation and
zoning designation of RL (Low Density Residential) is consistent with the adjoining properties. Each
proposed detached single-family residence will meet the development standards such as landscaping,
setbacks, building height, and lot coverage to ensure consistency with the surrounding dwellings. The
proposed project provides for enhanced landscaping on each lot, parkways, and within the public park.
Furthermore, as conditioned, a public art component shall be installed and maintained by the HOA.
Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social
needs of future and existing residents, while neighborhood character and residences are well
maintained and protected.
Policy LU-4A: Encourage a mix of residential types to accommodate people with diverse housing
needs.
Policy LU-4D: Ensure that single-family residences are of compatible proportion, scale and character
to surrounding neighborhoods.
The character of the existing single-family neighborhood is preserved as the proposed project consists
of 51 detached single-family homes designed as a PUD, with a mix of one- and two-story homes.
Housing plans offer three- and four-bedroom homes with different floor plans to meet the needs of
existing and future residents. The floor area for the new homes range from 2,291 sq. ft. to 3,224 sq. ft.
and the maximum building height for a two-story dwelling is 27 ft. and 7 in., which is consistent with the
surrounding neighborhood in scale and proportion.
B. Housing Element
Policy 2.4 Surplus Public Land:Utilize surplus publicly owned land for residential use where appropriate
and consistent with the City’s General Plan.
The project is located on publicly owned land which is occupied by a closed school site and is a surplus
property as the school was closed due to under enrollment in 1994. The project will result in the
development of a single-family residential use and is consistent with the goals and policies of the Land
Use Element and the Housing Element of the General Plan.
Policy 3.4 Public/Private Partnerships:Explore collaborative partnerships with non-profit
organizations, developers, the business community and governmental agencies in the provision of
affordable housing.
The project is required to provide ten percent of the dwelling units (5.1 units) to be affordable. The
developer proposes to provide one on-site unit to be affordable and provide funding for four off-site
affordable units. The remaining fractional 0.1 unit will be satisfied via an in-lieu fee. The proposed off-
site units will involve a collaborative partnership with the developer, the City and local non-profit
organizations to provide the affordable units at an off-site location.
Goal 4: Reduce potential governmental constraints to housing production and affordability.
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Attachment No. 1
The project is designed as a PUD, which allows for reduced lot widths and lot sizes with the provision
that the developer provides mutual public benefits for the enjoyment of the residents and the public.
As such, flexibility with the development standards such as reduced lot widths and lot sizes provides
for a mechanism to accommodate additional housing as well as affordable units.
C.Public Services and Infrastructure
Policy PSI-2E:Ensure that new development and reuse projects and existing land uses promote
fire safety.
The proposed project meets the California Fire Codes and the Huntington Beach Fire Department
requirements by providing for acceptable street widths and turning radii for proper access and
maneuvering of fire apparatus. The development will also provide for fire hydrants spaced at 300 ft.
where the standard is 500 ft. As conditioned, RV parking is restricted on the private streets to further
ensure fire safety and access is maintained. Each single-family dwelling is required to provide a fire
sprinkler system, which further promotes fire safety for the community.
D.Environmental Resources and Conservation
Policy ERC-1A:Maintain or exceed the current park per capital ratio of 5.0 acres per 1,000 persons,
including the beach in the calculations.
A 1.30-acre park (excluding sidewalk, parkway, and one-half of Sands Drive) is owned by the
Westminster School District and occupies the existing site. The proposed project would result in the
removal of the existing park and the construction of a new 1.30-acre park. The minimum park
requirements of five acres per 1,000 residents would not be affected by the new park as the current
conditions provide for 5.4 acres per 1,000 residents, which exceeds the minimum standards.
Furthermore, the proposed project would continue to provide for a neighborhood park with park
improvements in the area for continued usage by Huntington Beach residents.
2. Zoning Map Amendment No. 16-002 would only change the land use designation rather than a general
land use provision and would not affect the uses authorized in and the standards prescribed for the
proposed zoning district.
3. A community need is demonstrated for the change proposed because the changes expand the
opportunities for housing and address the needs of a growing population.
4. Adoption of Zoning Map Amendment No. 16-002 will be in conformity with public convenience, general
welfare and good zoning practice because the zoning map amendment provides for a compatible
single-family residential land use and a 1.30-acre park. The zoning map amendment results in zoning
and General Plan land use designations that are consistent with one another and would allow the
property to be rightfully developed.
MITIGATION MEASURES FOR ENVIRONMENTAL CONCERNS:
1. The applicant shall provide an updated arborist report documenting all existing trees to be removed
including all trees within the existing Franklin Park area, within the closed school site, and within the
parkway. Said report shall identify the size and health of the existing trees. Prior to any tree removal,
the applicant shall obtain a permit from the Public Works Department for any proposed activity that
may disturb existing trees on the project site. A landscape plan demonstrating compliance with current
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Attachment No. 1
code requirements and the replacement of any existing mature healthy trees to be removed at a
minimum 2:1 ratio with 36-inch box that is equivalent in species type as required by the Parks, Tree,
and Landscape Division shall be submitted to the Public Works Department prior to issuance of a
permit to remove and/or plant trees. To the extent feasible, trees removed from the existing Franklin
Park area shall be replaced within the proposed 1.30-acre park area at a 2:1 ratio. The landscape
architect shall recommend tree species that would provide suitable roosting habitat for the Monarch
butterfly. (AES-1 and BIO-1 Mitigation Measure)
2. To avoid potential impacts to nesting birds, trees and shrubs on the site should not be removed during
the nesting season (typically February 1 to August 31). If construction during the nesting season
cannot be avoided, the applicant shall provide the City of Huntington Beach proof that a certified and
qualified biologist has been retained prior to ground disturbance. Said biologist shall conduct a pre-
construction nesting bird survey to search the trees and shrubs on-site for nests prior to their removal
(generally within five days). If no nests are found, no further mitigation would be necessary. If a nest
is found, it will be avoided/protected with a suitable buffer area until nesting activity has ended (e.g.,
the young fledge). The diameter of the buffer area will be determined by the biologist, based on the
species (some birds are more tolerant than others) and the location of the nest relative to existing off-
site and on-site disturbances and conditions. Buffer areas for active nests can range from less than
100 feet and up to 500 feet, but certain construction activities may be allowed within the buffer area at
the discretion of the biologist. The buffer area shall be flagged by a qualified biologist and construction
personnel shall be instructed to avoid the area until the nest is inactive. (BIO-2 Mitigation Measure)
3. During construction-related ground disturbance activities, the project Applicant will be required to
obtain the services of a qualified Native American Monitor(s). Ground disturbance is defined by the
Tribal Representatives from the Gabrieleño Band of Mission Indians-Kizh Nation as activities that
include, but are not limited to, pavement removal, pot-holing or auguring, grubbing, weed abatement,
boring, grading, excavation, and trenching, within the project area. The monitor(s) must be approved
by the Tribal Representatives and will be present on-site during the construction phases that involve
any ground disturbing activities. The Native American Monitor(s) will complete monitoring logs on a
daily basis. The logs will provide descriptions of the daily activities, including construction activities,
locations, soil, and any cultural materials identified. The monitor(s) shall possess Hazardous Waste
Operations and Emergency Response (HAZWOPER) certification (Hazwoper is needed only if the site
has hazardous concerns). In addition, the monitor(s) will be required to provide insurance certificates,
including liability insurance, for any archaeological resource(s) encountered during grading and
excavation activities pertinent to the provisions outlined in the California Environmental Quality Act,
California Public Resources Code Division 13, Section 21083.2 (a) through (k). The on-site monitoring
shall end when the project site grading and excavation activities are completed, or when the Tribal
Representatives and monitor have indicated that the site has a low potential for archeological
resources.
Archaeological and Native American monitoring and excavation during construction projects shall be
consistent with current professional standards. All feasible care to avoid any unnecessary disturbance,
physical modification, or separation of human remains and associated funerary objects shall be taken.
Principal personnel must meet the Secretary of Interior standards for archaeology and have a minimum
of 10 years of experience as a principal investigator working with Tribal Cultural Resources in southern
California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained
and qualified. (CR-1 and TCR-1 Mitigation Measure)
4. All archaeological resources unearthed by project construction activities shall be evaluated by the
Qualified Archaeologist and Native Monitor. If the resources are Native American in origin, the Tribe
shall coordinate with the landowner regarding treatment and curation of these resources. Typically,
the Tribe will request reburial or preservation for educational purposes. If a resource is determined by
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Attachment No. 1
the Qualified Archaeologist to constitute a “historical resource” pursuant to CEQA Guidelines Section
15064.5(a) or has a “unique archaeological resource” pursuant to Public Resources Code Section
21083.2(g), the Qualified Archaeologist shall coordinate with the applicant and the City to develop a
formal treatment plan that would serve to reduce impacts to the resources. The treatment plan
established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for
historical resources and Public Resources Code Sections 21083.2(b) for unique archaeological
resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation
in place is not feasible, treatment may include implementation of archaeological data recovery
excavations to remove the resource along with subsequent laboratory processing and analysis. Any
historic archaeological material that is not Native American in origin shall be curated at a public, non-
profit institution with a research interest in the materials, such as the Natural History Museum of Los
Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no
institution accepts the archaeological material, they shall be donated to a local school or historical
society in the area for educational purposes. (CR-2 and TCR-2 Mitigation Measure)
5. Human remains are defined as any physical remains of a human being. The term “human remains”
encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included,
but were not limited to, the burial of associated cultural resources (Funerary objects) with the deceased,
and the ceremonial burning of human remains. These remains are to be treated in the same manner
as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death
rite or ceremony of a culture, are reasonably believed to have been placed with individual human
remains either at the time of death or later; other items made exclusively for burial purposes or to
contain human remains can also be considered as associated funerary objects. Native American
Graves Protection and Repatriation Act (NAGPRA) guidance specifically states that federal agencies
will consult with organizations on whose aboriginal lands the remains and cultural items might be
discovered, who are reasonably known to have a cultural relationship to the human remains and other
cultural items. Therefore, for this project site, it is appropriate to consult with the Gabrieleno Band of
Mission Indians – Kizh Nation as recommended by the NAHC.
Prior to the start of ground disturbing activities, the land owner shall arrange a designated site location
within the footprint of the project for the respectful reburial of the human remains and/or ceremonial
objects. Any discoveries of human skeletal material shall be immediately reported to the County
Coroner. The monitor will immediately divert work at minimum of 50 feet and place an exclusion zone
around the burial. The monitor will then notify the Qualified Archaeologist and the construction
manager who will call the coroner. Work will continue to be diverted while the coroner determines
whether the remains are Native American. The discovery is to be kept confidential and secure to
prevent any further disturbance. If Native American, the coroner will notify the NAHC as mandated by
state law who will then appoint a Most Likely Descendent. In the case where discovered human
remains cannot be fully documented and recovered on the same day, the remains will be covered with
muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation
opening to protect the remains. If this type of steel plate is not available, a 24 hour guard should be
posted outside of working hours. The Tribe will make every effort to recommend diverting the project
and keeping the remains in situ and protected. If the project cannot be diverted, it may be determined
that burials will be removed. The Tribe will work closely with the Qualified Archaeologist to ensure that
the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the Tribe,
documentation shall be taken which includes at a minimum detailed descriptive notes and sketches.
Additional types of documentation shall be approved by the Tribe for data recovery purposes.
Cremations will either be removed in bulk or by means as necessary to ensure completely recovery of
all material. If the discovery of human remains includes 4 or more burials, the location is considered a
cemetery and a separate treatment plan shall be created. The project applicant shall consult with the
Tribe regarding avoidance of all cemetery sites. Once complete, a final report of all activities are to be
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Attachment No. 1
submitted to the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any
invasive diagnostics on human remains.
If the coroner determines the remains represent a historic non-Native American burial, the burial shall
be treated in the same manner of respect with agreement of the coroner. Reburial will be in an
appropriate setting. If the coroner determines the remains to be modern, the coroner will take custody
of the remains. Each occurrence of human remains and associated funerary objects will be stored
using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural
patrimony will be removed to a secure container on site if possible. These items should be retained
and reburied within six months of recovery. The site of reburial/repatriation shall be on the project site
but at a location mitigated between the Tribe and the landowner at a site to be protected in perpetuity.
There shall be no publicity regarding any cultural materials recovered. (CR-3 and TCR- 3 Mitigation
Measure)
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PLANNING COMMISSION STAFF REPORT
TO:Planning Commission
FROM:Ursula Luna-Reynosa, Community Development Director
BY:Jessica Bui, Associate Planner
SUBJECT:
..title GENERAL PLAN AMENDMENT NO. 16-001, ZONING MAP AMENDMENT
NO. 16-002, TENTATIVE TRACT MAP NO. 18147, CONDITIONAL USE
PERMIT NO. 16-031, MITIGATED NEGATIVE DECLARATION NO. 16-002
(SEA DANCE RESIDENTIAL DEVELOPMENT – Continued from July 10,
2018): To recommend City Council approval of proposed General
Plan land use and zoning map amendments from Public and Public-
Semipublic to Residential Low Density and Open Space Park; to
approve a proposed subdivision for 51 new single family residences
in a Planned Unit Development design with reduced lot sizes and
public benefits for the community; and Mitigated Negative
Declaration to analyze the potential environmental impacts of the
proposed project located at the former Franklin School site at 14422
Hammon Lane.
..body
APPLICANT:
Rick Wood, TRI Pointe Homes, 5 Peters Canyon, Suite 100, Irvine, CA
92606
PROPERTY
OWNER:
Westminster School District, 14121 Cedarwood Avenue, Westminster, CA
92683
BUSINESS
OWNER:
Not applicable.
LOCATION:
14422 Hammon Lane, 92647 (east side of Hammon Lane and south of
Sands Drive)
STATEMENT OF ISSUE:
1. Is the project proposal consistent with the City of Huntington Beach’s adopted land use
regulations (i.e. General Plan, Zoning Map and Zoning Code including any specific plans
and overlay districts where applicable)?
2. Does the project proposal satisfy all the findings required for approving a Tentative Tract
Map and Conditional Use Permit?
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3. Has the appropriate level of environmental analysis appropriately identified all
environmental impacts with appropriate mitigation?
RECOMMENDATION:
..recommendationA)Approve Mitigated Negative Declaration No. 16-002 with findings and mitigation
measures (Attachment No. 1);
B)Recommend Approval of General Plan Amendment No. 16-001 by approving draft City
Council Resolution No. 2018-27 (Attachment No. 2) and Zoning Map Amendment No. 16-002 with
findings (Attachment No. 1) by approving draft City Council Ordinance No. 4161 (Attachment No.
3) and forward to the City Council for adoption;
C)Approve Tentative Tract Map No. 18147 and Conditional Use Permit No. 16-031 with
findings and suggested conditions of approval (Attachment No. 1).
..end
ALTERNATIVE ACTION(S):
The Planning Commission may take alternative actions such as:
A. “Continue Mitigated Negative Declaration No. 16-002, General Plan Amendment No. 16-001,
Zoning Map Amendment No. 16-002, Tentative Tract Map No. 18147, and Conditional Use
Permit No. 16-031 and direct staff to return with findings for denial.”
B. “Continue Mitigated Negative Declaration No. 16-002, General Plan Amendment No. 16-001,
Zoning Map Amendment No. 16-002, Tentative Tract Map No. 18147, and Conditional Use
Permit No. 16-031 and direct staff accordingly.”
PROJECT PROPOSAL:
The project proposal is to subdivide an approximately 8.75-acre site to accommodate 51 single-
family dwelling units, a 1.30-acre public park, private streets, public utilities and a water quality
basin lot. In order to undertake the project proposal, TRI Pointe Homes (the “Applicant”)
requests the following entitlements:
General Plan Amendment to amend the existing Land Use Element designation from
Public (underlying Low Density Residential) (P(RL)) to Low Density Residential (RL) and
Open Space Park (OS-PR);
Zoning Map Amendment to amend the existing zoning designation from Public-
Semipublic (PS) to Low Density Residential (RL) and Open Space – Parks and
Recreation Subdistrict (OS-PR);
Tentative Tract Map and Conditional Use Permit to subdivide an approximately 8.75-
acre site to accommodate fifty-one (51) numbered lots for residential purposes and five
(5) lettered lots for private streets, public utilities, common areas, water quality
purposes, and a public park; and
Mitigated Negative Declaration to analyze the potential environmental impacts
associated with the project.
Background:
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The closed Franklin School site is approximately 8.75-acres and owned by Westminster School
District (WSD). The school site was constructed in 1962 during the time when the original
residential subdivision in the area was developed. In 1994, the Franklin School closed due to
under enrollment, but in 1996 the school property was leased to the Orange County Head Start
program, which utilized the school site until 2015 when the lease was terminated. The site closed
thereafter.
The project was initially proposed with 53 single-family dwellings, private streets, public utilities,
a water quality basin lot, and a 1.5-acre public park. The project was scheduled for a public
hearing before the Planning Commission on July 10, 2018; however, per the Applicant’s request,
the project was postponed to the September 11, 2018 Planning Commission meeting without
opening the public hearing.
The Applicant requested a postponement of the project in order to address the concerns of the
surrounding neighborhood. As such, the project has been revised to increase the public park
dedication from 1.15-acres to 1.30-acres, which matches the size of the existing Franklin Park.
The increase in park dedication results in the loss of two residential units (from 53 to 51 single-
family dwelling units). In response to numerous comment letters from the surrounding community,
the Applicant revised the park location to match the linear shape of the existing Franklin Park.
The revised park design is sited along Sands Drive and the northeast corner of the subdivision
has been revised to include three flag-lots.
The following summary describes the overall changes resulting from the increase in the park
dedication and revised site plan layout (see Attachment No. 9 for matrix):
1. Number of units: reduced from 53 to 51
2. Park acreage: increased from 1.15-acres to 1.30-acres
3. On-street parking (public and private streets): reduced from 74 to 70
4. Average lot size: was 4,835 sq. ft., now 4,787 sq. ft.
5. Average lot width: no change – 48 ft.
6. Water Quality Lot: location changed to northwest corner of site and increased from 4.826
sq. ft. to 5,403 sq. ft.
7. Number of one-story homes: reduced from 11 units to nine units
The Applicant held a community meeting on August 16, 2018 to describe the revised project and
share the new proposed park layout and the park size with the surrounding neighborhood.
Study Session:
The Planning Commission held study sessions for the project on June 26, 2018 and August 28,
2018, and discussed the following issues:
Lot “A” between Lots 11, 12, and 13
Tentative Tract Map No. 18147 shows a lot labeled, Lot “A,” which is part of Tract No. 4364,
located just north of Spa Drive, between lots 11, 12, and 13. Lot “A,” is a typical pedestrian
easement used to access public school sites from adjacent neighborhoods. The current
pedestrian path is gated at the school district property line and no longer serves as access to
the closed school site. Consequently, the easement will no longer be necessary with the
development of the project. As such, a condition of approval for the tentative tract map will
require the applicant to address the disposition of the easement by coordinating with the
adjacent residential property owners. If it is to be vacated, a complete General Street Vacation
shall be processed by the developer through the Department of Public Works at no cost to the
adjacent residential property owners.
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A similar project that involved a pedestrian easement to a closed school site was the Lamb
project, located in the southeast area of the City (east of Brookhurst Street and north of
Yorktown Avenue). For the Lamb project, five feet off each side of the 15 ft. wide pedestrian
easement was vacated to adjacent residences and a 10 ft. wide path was maintained to allow
access onto the private street within the residential tract to keep the connection for the existing
residents to the public park. The applicant for the Lamb project, which was also TRI Pointe
Homes, made all necessary improvements to the pedestrian easement and executed a
license agreement to maintain it for access to the residential tract. For the Sea Dance project,
the existing pedestrian easement leads directly into the backyard of a proposed residential
unit. In the case of Lamb, the easement led directly onto the private street. In addition, as
mentioned above, the existing pedestrian easement for Sea Dance is currently fenced off and
is considered closed for access onto the closed school site.
Average Lot Width & Size
The proposed average lot width is 48 ft. and the proposed average lot size is 4,787 sq. ft. The
required minimum lot width in the proposed Low Density Residential (RL) zoning designation
is 60 ft. and the minimum lot size is 6,000 sq. ft. However, Section 210.06(C) of the HBZSO
allows flexibility in minimum building site regulations when approved as part of a Planned Unit
Development (PUD). The surrounding residences have typical 60 ft. wide and 6,000 sq. ft.
lots. Despite the reduced lot widths and lot sizes, each proposed dwelling unit complies with
all other development standards in the RL zoning designation such as setbacks, lot coverage,
height, parking, and landscaping requirements.
One-story and Two-story Dwellings Adjacent to Existing Dwellings
The original site plan layout had 11 single-story units proposed, which were sited along the
perimeter of the project site to ensure compatibility with the existing neighborhood. The
revised site plan layout maintains the compatibility and proposes nine single-story units along
the eastern and southern boundary of the site, adjacent to the existing dwellings. A
comparison between the site plans is provided below:
Calneva Lane (east side):
Original – Five two-story units; three one-story units
Revised – Seven two-story units; four one-story units
Spa Drive (south side):
Original – Five two-story units; five one-story units
Revised – Five two-story units; five one-story units
Therefore, the difference between the original site plan and the revised site plan are that two
additional two-story units and one additional one-story unit are sited along the existing homes
on Calneva Lane.
Street Width
A typical residential street width is 40 ft. from curb-to-curb. However, exceptions can be made
to accommodate enhanced design and street layouts as long as the street widths are
adequate for fire safety and access. The proposed street width is 38 ft. from curb-to-curb. The
Huntington Beach Fire Department has reviewed the proposed street width and has approved
the conceptual design. Street reductions from the typical 40 ft. is common. Some examples
of similar approved projects were the residential developments at Wardlow and Lamb, where
street widths were approved at 36 ft. wide. The proposed 38 ft. wide streets allow for the
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parking of vehicles along both sides of the street without obstructing vehicular or fire apparatus
access. Furthermore, a condition of approval will require language to be included in the
CC&Rs to restrict recreational vehicles (RVs) along the private streets to ensure fire safety is
maintained. Reduced street widths also act as a traffic calming mechanism, which will reduce
the speed within the tract.
Joint Use Agreement for Franklin Park
Franklin Park is owned by the Westminster School District and was previously maintained by
the City pursuant to a joint use agreement.
Park Acreage Measurement
The existing park area is inaccurately listed in the last adopted General Plan (2013) and the
Park and Recreation Master Plan as 1.52-acres because excess square footage was
included. The Westminster School District property extends to the centerline of Sands Drive,
which is an additional 30 ft. along the entire park frontage. When the park was developed in
the 1970s, the 1.52-acre measurement included the existing park area, sidewalk, parkway,
and the area to the centerline of Sands Drive. The actual measurement of the park area should
only extend to the back-of-sidewalk, or to the property line boundary, which excludes the
sidewalk, parkway, and one-half of Sands Drive. The useable park area of the existing park
is 1.30-acres.
The proposed park dedication is 1.30-acres and excludes any public right-of-way areas.
Therefore, there will be no reduction in useable park area. The General Plan amendment to
amend the Environmental Resources and Conservation Element will revise the figures to
reflect the proposed park layout and update the park name if necessary.
Parkland v. School Field
The existing park area is 1.30-acres and the school field located immediately south of the park
site is approximately 3.2-acres. Although it appears the school field is part of the parkland, the
City does not identify the school field as a park and does not include it in the park inventory.
Naylor Act
The Naylor Act requires a school district to offer a lease or sale of any surplus property to a
charter school first, and then to the city within which the land is located. Existing law prohibits
the cost from exceeding the cost of acquisition, adjusted by a cost of living factor, plus the
cost of any improvements. The entity that purchases or leases the property must maintain the
property for a playground, playing field, or other outdoor recreational and open space use. In
this case, the Westminster School District is exchanging property with the Applicant, and
therefore, the Naylor Act does not apply (California Education Code Section 17536 et. seq.,
(Attachment No.14)).
Measure C
The City Attorney’s Office and staff have reviewed Charter Section 612 – Public Utilities and
Parks and Beaches (Measure C) and determined Measure C does not apply to this project.
The City does not own Franklin Park and although the City once had an agreement to maintain
the park, the agreement is no longer in effect and the land is owned by the Westminster School
District. In addition, the previous Community Recreation Agreement (maintenance and use
agreement) for Franklin Park predates January 1, 1989, the effective date of Measure C.
Public Benefit: Navy Right-of-Way Improvements
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The City is in the process of acquiring the Navy right-of-way and has plans to improve the
right-of-way into an open space trail for public use. Until the City owns the land, physical
improvements cannot be made to the trail. However, staff is recommending a $250,000
monetary contribution for future improvements to recreation facilities. All funds received from
the Applicant will be deposited into an account with the Public Works Department to be
retained until the funds are applied to the improvements to the Navy right-of-way, or for other
park and recreational needs within the vicinity (see Tentative Tract Map No. 18147 suggested
condition of approval 7b of Attachment No.1).
Public Benefits:
Parkland dedication and improvements: Pursuant to the Quimby Act, the Applicant is
only required to dedicate 0.74 acres of land for park purposes with very minimal physical
improvements. The Applicant is proposing to dedicate 1.30 acres (a surplus of 0.56
acres) and to design and install the park improvements so that the community has a
new, improved park prior to the new homes being occupied.
Allowing the public to utilize the private streets to park on for access to the dedicated
park.
Public Art: The project will include installation of public art.
Monetary contribution toward Navy right-of-way improvements or other recreational
facilitates in the vicinity.
Public Park Design and Purview of Planning Commission:
The Planning Commission’s role in reviewing the public park is solely focused on location,
size and orientation as part of its consideration of the TTM. The actual design of the park
(including hardscape and landscape) will be considered by the Community Services
Commission. However, the public record will note public testimony requesting that the
preservation of existing, mature trees be accommodated to the extent possible.
Possibility of HOA Maintaining Dedicated Public Park
The Planning Commission discussedthe idea of eliminatingthe public benefit for the $250,000
monetary contribution for the Navy right-of-way improvements or other park and recreation
improvements and instead having the homeowner’s association (HOA) maintain the public
park. Staff reviewed the possibility of having the HOA maintain the public park and
recommends the park be maintained by the City. Public benefits are intended to be above and
beyond standard code requirements and mutually beneficial to both the residents of the
development and the surrounding community. If the HOA were to maintain the park, that cost
would be borne by future homeowners as opposed to the applicant. Therefore, eliminating the
$250,000 and instead requiring the HOA (homeowners) to pay for future maintenance cost
will not provide an extraordinary benefit to the new residents and the surrounding community;
however, the $250,000 monetary contribution will provide additional or improved open space
uses within the vicinity.
Planned Unit Development
A Planned Unit Development (PUD) allows for flexibility in development standards to
encourage innovative land use development that achieves high quality site planning, design,
and aesthetically pleasing environments through architecture and landscape improvements.
It is a mechanism used to allow for supplemental development standards, and in exchange
requires the applicant to provide mutual public benefits above and beyond the minimum code
requirements of the project. Public benefits may include the creation of permanent open
space, recreational facilities, infrastructure, utilities, and other public improvements. Although
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the variation in lot sizes creates flexibility in development, the proposed single-family homes
comply with all other development standards for RL zoning district and provides a design that
is compatible with the neighborhood with similar building orientations (i.e., rear yards abutting
rear yards and front yards facing front yards) which maintains the overall character and design
layout of the existing neighborhood.
If the project was proposed to meet the minimum lot width and lot sizes (60 ft. wide and 6,000
sq. ft.) in the RL zoning district, the net acreage after required dedications for street and
sidewalk purposes, assuming the proposed 38 ft. wide street would remain, could yield 51
dwelling units. A project with 51 homes would require a park dedication of 0.74-acres. As
such, the project could yield 43 homes after the 0.74-acre park dedication, yielding a density
of 6.8 units per acre. However, the Applicant could propose 49 units, and be exempt from a
park dedication requirement and only be required to pay a park in-lieu fee. The Quimby Act,
which requires a dedication of parkland, is applicable to projects that propose 50 or more lots.
The park in-lieu fee for a project with 49 units would be approximately $874,993, and it would
cost the City approximately $1.8 million to acquire land and install park improvements for a
1.30-acre park.
Density/Number of Units
The proposed RL zoning designation allows for a maximum of seven dwelling units per acre,
which is consistent with the zoning designation of the surrounding neighborhood. The project
consists of 51 units, and the net lot area (excludes parkland dedication area) is 7.45-acres.
As such, the density of the proposed project is seven dwelling units per acre (6.9 DU/AC x
7.45-acres = 51.40 DU). The surrounding neighborhood has a similar density with
approximately five to seven dwelling units per acre.
Disabled Access to Park
The proposed public park will be required to meet minimum Americans with Disabilities Act
(ADA) requirements regarding access to the playground amenities. The minimum access
requirements are a 48 in. wide sidewalk with a maximum five percent slope to the proposed
playground equipment and picnic tables. Playground equipment is typically manufactured in
accordance with ADA requirements. Picnic tables will meet ADA requirements for sufficient
“knee and toe” space for wheelchair use, and the surface of the playground area must meet
specific stiffness requirements for wheelchair access and preventative head injuries. All ADA
requirements will be reviewed for compliance during the building plan check review process,
prior to issuance of building permits.
ISSUES AND ANALYSIS:
Subject Property And Surrounding General Plan Designations, Zoning And Land
Uses:
LOCATION GENERAL PLAN ZONING LAND USE
Subject Property:PS-RL (Public-
Semipublic with an
underlying designation
of Low Density
Residential)
PS (Public-Semipublic) Closed Franklin
School and Franklin
Park
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North, South, East,
and West of
Subject Property:
RL (Low Density
Residential)
RL (Residential Low
Density)
Single-Family
Residences
General Plan Conformance:
The Applicant proposes to amend the General Plan Land Use Element designation of PS-RL
(Public-Semipublic with an underlying designation of Low Density Residential) to RL (Low Density
Residential) and OS-P (Open Space-Park). The RL land use designation allows for single-family
residential units at a maximum density of seven dwelling units per acre, and the OS-P designation
allows for public parks. The amendment of the land use designation is consistent with the existing
density and uses in the vicinity of the project site. The subject site is surrounded by single-family
uses (max. seven dwelling units/acre) with detached, single-family residences units to the north,
south, east, and west of the subject site. The proposed RL land use designation will be consistent
with the existing designation located within the surrounding area.
The request includes the amendment to the Environmental Resources and Conservation Element
(ERC) to amend Figure ERC-1 and ERC-2 to reflect the new park layout. The City established
parkland acreage standards to ensure the community has enough parks to serve the population.
The City’s standard requires a minimum of five acres per 1,000 residents. In Huntington Beach,
based on the most recent population estimate (2014), 193,189 residents occupy the City and
there is approximately 1,073 acres of public parks. Therefore, the City provides approximately 5.4
acres of parkland for every 1,000 residents. The previously adopted General Plan from 2013
shows Franklin Park as a 1.52-acre park; however, the total acreage includes the public right-of-
way (sidewalk, parkway, street to the centerline of Sands Drive), which is inaccurate. The actual
existing park is measured at 1.30-acres. The proposed development of 51 detached single-family
residential units would result in an increase of approximately 137 persons; and due to this limited
increase in population, the 0.22-acre reduction of parkland (1.52 minus 1.30 = 0.22) would not
affect the current calculations of 5.4 acres per 1,000 residents. The proposed park with park
improvements and the reduction of 0.22-acre (no change in actual parkland acreage) will be
consistent with the goals and policies contained within the ERC, and the minimum park acreage
per 1,000 residents.
Staff believes the proposed RL land use designation, the amendment to the figures within the
ERC to reflect the changes to the new park layout, and the project will be consistent with the
goals, polices, and objectives of the Land Use, Housing, Public Services and Infrastructure, and
Environmental Resources and Conservation elements of the General Plan. The proposed project
will contribute to the City’s housing stock, including affordable housing, thereby assisting to
achieve the City’s overall housing goals and providing a public park while maintaining the
character of the surrounding residential neighborhood by providing a land use that is compatible
and harmonious with the surrounding uses, and enhances the image and quality of life in the
environment. The proposed project will not conflict with the identified goals, policies, and
objective contained in the General Plan and with implementation of identified mitigation measures
will not have a negative impact on the environment.
The proposed tentative tract map and conditional use permit are consistent with these
designations and the goals, objectives, and policies of the City’s General Plan as amended
pursuant to General Plan Amendment No. 16-001 and Zoning Map Amendment No. 16-002 as
follows:
A.Land Use Element
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Goal LU-1:New commercial, industrial, and residential development is coordinated to ensure
that the land use pattern is consistent with the overall goals and needs of the community.
Policy LU-1A: Ensure that development is consistent with the land use designations presented
in the Land Use Map, including density, intensity, and use standards applicable to each land
use designation.
Policy LU-1B: Ensure new development supports the protection and maintenance of
environmental and open spaces resources.
Policy LU-1C: Support infill development, consolidation of parcels, and adaptive reuse of
existing buildings.
Policy LU-1D: Ensure that new development projects are of compatible proportion, scale and
character to complement adjoining uses.
The project is consistent with the underlying and proposed land use designation of RL (Low
Density Residential) as the project meets the maximum density allowed in the RL designation
of seven dwelling units per acre. The proposed project will maintain environmental and open
space resources by dedicating 1.30-acres of a public park and the installation of park
improvements. Furthermore, the project is redevelopment of an infill site, as the closed school
will be demolished to develop single-family residences, which meets the policies of the
General Plan to reuse sites that are underutilized. Lastly, the project is complementary to the
adjacent single-family residences in that a similar home orientation is utilized (backyards face
backyards and front yards face front yards). Further, the proposed project is compatible in
proportion, scale, and character in that the proposed project site is entirely surrounded by
one- and two-story single-family residences. The proposed architectural design of the new
homes will complement the existing homes by providing a mix of one- and two-story dwellings,
building setbacks, and architectural styles that are compatible with the surrounding
neighborhood and is consistent with the development standards in the HBZSO.
Policy LU-2D: Maintain and protect residential neighborhoods by avoiding encroachment of
incompatible land uses.
Policy LU-2E: Intensify the use and strengthen the role of public art, architecture, landscaping,
site design, and development patterns to enhance the visual image of Huntington Beach.
The proposed detached, single-family residential project will maintain the residential
neighborhood and enhance the visual image of the community. The proposed General Plan
land use designation and zoning designation of RL (Low Density Residential) is consistent
with the adjoining properties. Each proposed detached single-family residence will meet the
development standards such as landscaping, setbacks, building height, and lot coverage to
ensure consistency with the surrounding dwellings. The proposed project provides for
enhanced landscaping on each lot, parkways, and within the public park. Furthermore, as
conditioned, a public art component shall be installed and maintained by the HOA.
Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and
social needs of future and existing residents, while neighborhood character and residences
are well maintained and protected.
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Policy LU-4A: Encourage a mix of residential types to accommodate people with diverse
housing needs.
Policy LU-4D: Ensure that single-family residences are of compatible proportion, scale and
character to surrounding neighborhoods.
The character of the existing single-family neighborhood is preserved as the proposed project
consists of 51 detached single-family homes designed as a PUD, with a mix of one- and two-
story homes. Housing plans offer three- and four-bedroom homes with different floor plans.
The floor area for the new homes range from 2,291 sq. ft. to 3,224 sq. ft. and the maximum
building height for a two-story dwelling is 27 ft. and 7 in., which is consistent with the
surrounding neighborhood in scale and proportion.
B.Housing Element
Policy 2.4 Surplus Public Land:Utilize surplus publicly owned land for residential use where
appropriate and consistent with the City’s General Plan.
The school was closed due to under enrollment in 1994. The underlying General Plan land
use designation of RL (Low Density Residential) indicates that should the land become
surplus, the next best appropriate land use is RL (Low Density Residential) for consistency
with the surrounding neighborhood. The project will result in the development of a single-
family residential use and is consistent with the goals and policies of the Land Use Element
and the Housing Element of the General Plan.
Policy 3.4 Public/Private Partnerships:Explore collaborative partnerships with non-profit
organizations, developers, the business community and governmental agencies in the
provision of affordable housing.
The project is required to provide ten percent of the dwelling units (5.1 units) to be affordable.
The developer proposes to provide one on-site unit to be affordable to moderate income
families and provide funding for 4.1 off-site affordable units. The proposed off-site units will
involve a collaborative partnership with the developer, the City and local non-profit
organizations to provide the affordable units at an off-site location.
Goal 4: Reduce potential governmental constraints to housing production and affordability.
The project is designed as a PUD, which allows for reduced lot widths and lot sizes with the
provision that the developer provides mutual public benefits for the enjoyment of the residents
and the public. As such, flexibility with the development standards such as reduced lot widths
and lot sizes provides for a mechanism to accommodate additional housing as well as
affordable units.
C.Public Services and Infrastructure
Policy PSI-2E:Ensure that new development and reuse projects and existing land uses
promote fire safety.
The proposed project meets the California Fire Codes and the Huntington Beach Fire
Department requirements by providing for acceptable street widths and turning radii for proper
access and maneuvering of fire apparatus. The development will also provide for fire hydrants
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spaced at 300 ft. where the standard is 500 ft. As conditioned, RV parking is restricted on the
private streets to further ensure fire safety and access is maintained. Each single-family
dwelling is required to provide a fire sprinkler system, which further promotes fire safety for
the community.
D.Environmental Resources and Conservation
Policy ERC-1A:Maintain or exceed the current park per capital ratio of 5.0 acres per 1,000
persons, including the beach in the calculations.
A 1.30-acre park (excluding sidewalk, parkway, and one-half of Sands Drive) is owned by the
Westminster School District and occupies a portion of the existing site. The proposed project
would result in the construction of a new 1.30-acre park. The current conditions provide for
5.4 acres per 1,000 residents, which this project maintains, albeit with a newly improved park.
Zoning Compliance:
Zoning Map Amendment
The proposed zoning designation for the subject site is Low Density Residential (RL) for the
residential component and Open Space – Parks and Recreation Subdistrict (OS-PR) for the public
park. This designation permits single-family residential use within residential neighborhoods with a
maximum density of seven dwelling units per acre. Development standards require a minimum
parcel size of 6,000 square feet, minimum lot width of 60 feet, maximum building height of 35 feet,
and maximum lot coverage of 50 percent unless alternative lot sizes are approved as a PUD with
public benefits above and beyond minimum code requirements. Additional requirements are
identified in Chapter 210, Residential Districts.
Properties to the north, south, east, and west are zoned RL and developed with single-family
residential uses. The proposed zoning map amendment to RL would be compatible with existing
zoning designations surrounding the project site as well as the proposed General Plan Land Use
Element designation. The amendment of the zoning designation for the subject site from Public-
Semipublic with an underlying zoning of Low Density Residential (PS (RL)) to RL and OS-PR
implements the proposed General Plan Land Use designation of Low Density Residential.
The proposed project will comply with the minimum setbacks, minimum parking, and maximum
building height requirements of the RL zoning district with minimum lot widths and lot size
exceptions that are proposed as part of the PUD design for the project. The proposed project
complies with all other requirements of the HBZSO including regulations pertaining to subdivisions
and park dedications.
The proposed residential designation is the appropriate zoning for the site because it provides a
continuation of a compatible zoning designation that allows for single-family neighborhoods with
detached single-family residences that continues the single-family residential character of the
surrounding area. The proposed zoning results in development that is compatible in density,
design, layout, and character to the adjacent single-family residential uses. Staff recommends
approval of the zoning map amendment to RL.
Tentative Map/Site Layout/Compatibility
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A total of 42 on-street parking spaces will be provided along both sides of the interior private street
and 38 parking spaces will be available along existing public streets. The proposed layout is
designed to serve as a walkable community that harnesses greater community interaction as the
proposed sidewalks will align with the existing sidewalks along Spa Drive to the south, Hammon
Lane to on the west of the site, and Sands Drive to the north. The project proposes several
parkway canopy street trees along the internal streets within the proposed project to match the
existing neighborhood. Lot “D,” on the corner of Hammon Lane and Sands Drive is designated as
a 5,404 sq. ft. water quality lot, which is used to meet water quality treatment and discharge
requirements. Lot “D” will be landscaped and fenced off and is not intended for public use.
The project proposes building heights that range from approximately 19 ft. 10 in. to 27 ft. 7 in.
maximum. The 18 homes located along the eastern and southern boundary of the project site,
and adjacent to the existing homes along Calneva Lane and Spa Drive are proposed with
increased rear yard setbacks for greater compatibility. The rear setbacks range from 16 ft. 6 in.
to 29 ft. 8 in., where the minimum required setback requirement for the zoning district is 10 ft. The
increased rear setbacks provide an adequate buffer for existing residences by providing additional
protection from any associated light, noise, or privacy impacts.
The existing homes in the vicinity are predominantly one-story single-family homes with some
two-story homes in the neighborhood. To ensure compatibility with the scale and character of the
neighborhood, nine of the 51 homes will be one-story and are located along the southern and
eastern perimeter of the site, abutting the existing residences. In addition, the proposed 1.30-acre
park is located in the same area as the existing park and faces the front yards of the existing
residences. The location of the proposed park will maintain the existing conditions and minimize
impacts to those residences. The rear of the proposed homes along the south and east sides will
face the rear yards of existing residences, and this further ensures the incorporation of the new
housing development to be compatible with the existing neighborhood layout. The proposed
project is compatible with the homes located in the vicinity because the homes will not exceed
the height permitted by the proposed zoning district. Furthermore, the homes are designed to
minimize overall building mass and scale by incorporating facade breaks, upper floor setbacks,
and roof variations into the design of each plan type, which aesthetically blends the homes into
the surrounding neighborhood.
The proposed homes will be compatible with surrounding residences because the project is
designed with detached single-family homes with similar yard setbacks and high quality
architecture that is provided with a variety of design themes. The project proposes three building
plan types with three architectural styles that are named Coastal Spanish, Seaside Ranch, and
Beach Cottage. Each architectural design style includes a variety of architectural elements such
as stucco finishes, stone veneer, wood siding, different roof materials, accent shutters, ceramic
tiles, rafter tails, and window trims that provide high architectural emphasis for each design style.
Many of the existing homes in the project vicinity have stucco with siding exteriors and shingled
roofs. The proposed homes include components of the surrounding residences such as accent
shutters and stucco details, which serve to enhance the architectural style of the proposed homes.
The proposed design complies with the adopted Design Guidelines for residential development.
Planned Unit Development
The project will be developed as a PUD because it proposes 51 residential lots with lot widths
and sizes that are less than the minimum lot size requirement of 60 ft. wide and the minimum lot
size of 6,000 sq. ft. for the Low Density Residential (RL) zoning standards. The smaller lots are
located within the interior of the project site and the larger lots are sited along the perimeter to
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ensure maximum compatibility with the existing neighborhood. Overall, the average lot size is
4,787 sq. ft.
PUDs allow for flexibility in development standards to encourage innovative land use
development. Interior lot sizes range from 3,870 to 5,293 sq. ft. and perimeter lots (adjacent to
existing homes) range in size from 4,509 to 5,835 sq. ft. Although the request is for small lots,
the project is designed to meet all development standards such as building height, lot coverage,
parking and setbacks. The dwellings exceed the minimum 10 ft. rear yard setbacks for the
proposed perimeter lots (i.e., lots 1 through 21) that are adjacent to existing homes directly to the
south and east of the project site. The proposed dwelling units will range in size from 2,291 sq.
ft. to 3,224 sq. ft. (includes living area, garage, porch, and optional covered patio). The proposed
units are 43, two-story and nine, one-story dwellings. Each unit will feature a three or four
bedroom layout that includes a two-car enclosed garage and two-car driveway.
Public Benefits
In accordance with Section 210.12 –Planned Unit Development Supplemental Standards and
Provisions of the HBZSO, the project shall provide a mutual benefit for the residents of the project
as well as the general public. The applicant is proposing the following public benefits that exceed
the minimum code requirements for a residential subdivision:
Dedicate to the City and develop a 1.30-acre public park located along Sands Drive. The park
improvements will include installation of landscaping, irrigation, a playground area, picnic
tables, lighting, trash receptacles and public art component that will be maintained by the
HOA. The Quimby Act requires a 0.77-acre dedication for parkland and does not require park
improvements. The dedication of 1.30-acres for a public park and construction of the park
improvements exceed the City requirements. The park improvements benefit the City
monetarily because the developer will bear the burden of installing the park improvements,
resulting in a financial savings to the City and providing upgraded park improvements to the
residents. The Community Services Department has reviewed the proposed park and is
recommending approval to the Community Services Commission meeting on September 12,
2018.
Allowance for the general public to utilize the approximately 42 on-street parking spaces within
the private streets of the development. A condition of approval requiring specific language to
be placed into the project CC&Rs to allow and guarantee the ongoing ability of the general
public to utilize on-street parking within the tract.
A monetary contribution of $250,000 for future improvements to the Navy Railroad right-of-
way trail or for other park and recreational needs within the vicinity. The Navy Railroad right-
of-way was a former railroad that runs through the City of Westminster and the City of
Huntington Beach. A segment of the right-of-way is located south of the project site. The
segment that is within the City’s boundary starts to the west at Rancho Road and terminates
at Springdale Street. The City is working with the City of Westminster, the Orange County
Transportation Authority, and other agencies to improve the right-of-way into a recreational
trail for public open space. The monetary contribution may go toward future trail improvements
or other projects that will increase the City’s open space within the surrounding community.
The proposed public benefits exceed standard City requirements and improvements for a
standard residential subdivision. The proposed public benefits provide a mutual benefit for the
residents of the project as well as the general public. These benefits provide good reasoning for
the proposed reduction in lot width and lot size, but more importantly, provides the City with a
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parkland dedication, upgraded recreational facilities and landscaping, ensures access to the
proposed public park, and improvements to additional open space amenities with the future
improvements to the adjacent Navy right-of-way trail, or other public parks within the general
vicinity.
Affordable Housing
In accordance with HBZSO Section 230.26 –Affordable Housing, the purpose and intent is to
implement the goals, objectives and policies of the City’s Housing Element and encourage low-
and moderate-income housing. The project is subject to providing ten percent of the 51 residential
units, or 5.1 units, to be affordable housing.
The HBZSO specifies that developments of residential projects consisting of 30 or fewer units
may elect to build affordable housing on-site, pay in-lieu fee, or provide units off-site. Developers
constructing ownership projects over 30-units have been given the same options with City Council
approval. As such, the applicant is proposing to provide one moderate unit on-site and funding
for four units at an off-site project for a total of five deed restricted units. The remaining fractional
0.1 may be met by paying an in-lieu fee. The Office of Business Development is working with
several non-profit developers to identify potential off-site affordable housing projects. The funding
from this project would be used for rehabilitation of one of the affordable housing projects, which
would be deed restricted as affordable housing for 55 years. The proposed on-site moderate
income unit would be deed restricted as affordable for 45 years.
It is the recommendation of the Office of Business Development to bring before the City Council
an Inclusionary Housing Agreement to provide one unit on-site for moderate income, to provide
funding for four very low and low-income off-site units, and to satisfy the remaining fractional 0.1
unit by payment of in-lieu fees.
Infill Lot Ordinance
The proposed project complies with the City’s Infill Lot Ordinance, which analyzes proposed
residences for compatibility and privacy issues, such as window alignments, building pad height,
and floor plan layout. The heights of the proposed residences will be consistent in character with
the RL zoning district and the surrounding residences. The proposed project is designed with
sensitivity to homes abutting existing single-family residences. A minimum 16 ft. 6 in. rear yard
setback in lieu of the minimum 10 ft. is provided. The distance from the rear of a proposed
residence to the rear of an existing residence ranges from 43 ft. to 70 ft. where the minimum per
the zoning district could be 20 ft. The layout of each floor plan has been situated to avoid direct
window alignments with the existing adjacent neighbors.
Urban Design Guidelines Conformance:
The project conforms to the objectives and standards specific to single-family residential
development contained in the Huntington Beach Urban Design Guidelines. The project complies
with general design objectives by providing high quality architectural and landscape design in
massing and scale with existing residential developments surrounding the project site. The layout
of the development is compatible with the neighborhood because it is designed as detached
single-family residential neighborhood containing streets, parkways, sidewalks, and detached
one- and two-story residences. A 38 ft. wide private street will provide access into the
development and will be aligned with the existing public streets to the west, Riviera Drive and
Nevada Drive. Four-foot wide sidewalks and five-foot wide landscaped parkways will be provided
on each side of the street throughout the development.
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The project incorporates several guidelines for building siting/lot design including varied building
offsets and varied building design. In terms of building design, the project is proposing to provide
a mix of one-story and two-story homes with three different floor plans and three distinct
architectural style that include Coastal Spanish, Seaside Ranch, and Beach Cottage. Articulation
and architectural details are proposed on all four sides of each home. In addition, the project
proposes enhanced window treatments such as trims and shutters, contrasting building materials,
façade breaks, upper story wall offsets, and a mix of hip and gable roofs.
The proposed private streets serving the project will connect with Riviera Drive and Nevada Drive
to form a continuous neighborhood network of streets. The proposed subdivision is not gated
and is accessible by the public. The new sidewalks will connect with the existing sidewalks on
Hammon Lane and Sands Drive to provide continued pedestrian connectivity with the existing
neighborhood and walkability within the project.
Environmental Status:
On March 28, 2018, the Environmental Assessment Committee (EAC) approved the processing
of a mitigated negative declaration (MND) for the project. Staff reviewed the environmental
assessment and determined the project would not have significant environmental impacts with
incorporation of recommended mitigation measures that were identified for potential impacts to
aesthetics, biological resources, cultural resources, tribal resources, and mandatory findings of
significance. Subsequently, draft Mitigated Negative Declaration No. 16-002 (Attachment No.
10a) was prepared with mitigation measures pursuant to Section 240.04 of the HBZSO and the
provisions of CEQA. Draft MND No. 16-002 was made available for a 20-day public comment
period, which commenced on April 19, 2018 and concluded on May 8, 2018. Seventy-three (73)
comment letters were received on the MND and responses to comments and errata are provided
as Attachment Nos. 10a-10d to this report.
Furthermore, the project initially was proposed with 53 dwelling units and a 1.15-acre public park.
Subsequently, in response to comments received on the draft MND, the plans have been revised
to reduce the dwelling units to 51 in order to accommodate a 1.30-acre public park. The changes
to the project do not require recirculation of the draft MND as the changes do not affect the level
of significance of any potential impacts, the mitigation measures do not need to be revised, and
the project changes do not result in new mitigation measures.
Coastal Status:
Not applicable.
Design Review Board:
Not applicable.
Subdivision Committee:
The proposed tentative tract map was reviewed by the Subdivision Committee on March 29,
2018. Staff presented the proposed subdivision including the street patterns within the tract as
well as access to the development, the public park, easements, and the layout of the single-
family residential lots. The Subdivision Committee reviewed the recommended conditions of
approval for the tentative map from the Community Development Department, Public Works
Department, and Fire Department. The Subdivision Committee recommended unanimous
approval of the proposed project to the Planning Commission with an added condition of
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approval that the developer be responsible to vacate lot “A,” which is a parcel that provides
pedestrian access from Spa Drive to lot 11 (Attachment No. 7).
Other Departments Concerns and Requirements:
The Departments of Public Works, Fire, Community Services and Building have reviewed the
proposed development project. Recommended conditions from the Departments of Public Works,
Fire, and Building are incorporated into the suggested conditions of approval and code
requirements have also been identified (Attachment No. 12).
Public Notification:
Legal notice was published in the Huntington Beach Wave on August 30, 2018, and notices were
sent to property owners of record within a 1,000 ft. radius of the subject property,
individuals/organizations requesting notification (Community Development Department’s
Notification Matrix), applicant, interested parties and individuals/organizations that commented on
the environmental documents. Written communications received prior to September 11, 2018
Planning Commission meeting will be forwarded to the Planning Commission for consideration.
Written communication received as of September 3, 2018 (not including comments received on
the draft MND in Attachment No. 10b) are included as attachments to this report (Attachment No.
13).
Application Processing Dates:
DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S):
June 8, 2018 Draft MND: Within 180 days of complete
application – December 5, 2018
TTM: Within 50 days of adoption of MND
CUP: Within 60 days of adoption of MND
GPA/ZMA: Not applicable.
SUMMARY:
Staff recommends that the Planning Commission take the following actions:
A. Approve Mitigated Negative Declaration No. 16-002 with findings and mitigation
measures (Attachment No. 1); and
B. Recommend approval of General Plan Amendment No. 16-001 and Zoning Map
Amendment No. 16-002 and forward draft resolution and ordinance to the City Council
for adoption (Attachments 2 and 3); and
C. Approve Tentative Tract Map No. 18147 and Conditional Use Permit No. 16-031 with
findings and suggested conditions of approval (Attachment No. 1).
This recommendation is based on the following:
−The draft MND determines the project will not have significant environmental impacts with
incorporation of recommended mitigation measures that were identified for potential
impacts to aesthetics, biological resources, cultural resources, tribal resources, and
mandatory findings of significance
−The proposed General Plan Land Use Element and zoning designations are consistent
with surrounding zoning and land use designations; will contribute to the City’s housing
stock, including affordable housing, thereby assisting to achieve the City’s overall housing
goals; and affords the property owner allowance to develop the property.
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−The proposed project, with exception of the proposed residential lot sizes, complies with
the provisions of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) with
respect to the RL zoning development standards.
−The proposed homes will be compatible with other residential uses surrounding the project
site with respect to height, setbacks, onsite parking, and architecture.
−The project meets the requirements of the Subdivision Map Act and has been reviewed
by the Subdivision Committee for compliance.
−The project contributes to the City’s housing stock, including affordable housing as
required by existing City requirements, thereby assisting to achieve the City’s overall
housing goals.
−The project will be developed as a PUD and provide mutual public benefits that will include
a dedication of a 1.30-acre park with park improvements, on-street parking opportunities,
a $250,000 monetary contribution for future improvements to the Navy Railroad right-of-
way trail or other park and recreational facilities, private streets with public parking, public
art, and establishment of a green building program. Overall, the proposed public benefits
will exceed standard City requirements.
ATTACHMENTS:
1. Suggested Findings and Conditions of Approval for Mitigated Negative Declaration No. 16-
002; Zoning Map Amendment No. 16-002; Tentative Tract Map No. 18147; and Conditional
Use Permit No. 16-031
2. Draft City Council Resolution No. ___ for General Plan Amendment No. 16-001
3. Draft City Council Ordinance No. ____ for Zoning Map Amendment No. 16-002
4. Vicinity Map
5. Existing & Proposed General Plan Land Use Designation Maps
6. Existing & Proposed Zoning Maps
7. Tentative Tract Map No. 18147
8. Site plans, floor plans, elevations, and project plans dated June 5, 2018 on the title sheet
9. Project Changes Matrix
10a. Draft Mitigated Negative Declaration No. 16-002 (includes mitigation measures, narrative,
and plans reviewed with the MND)
10b. MND – Response to Comments Cover Letter and Appendix A - Comment Letters
10c. MND – Response to Comments Appendix B – Responses to Comments on the draft MND
10d. MND – Response to Comments Appendix C - Errata to the draft MND
11. Project Narrative dated & received July 30, 2018 and community benefits summary dated &
received June 28, 2018
12. Code Requirements Letter (for information purposes only), dated February 15, 2018
13. Public comment letters
14. Letter from Westminster School District dated June 14, 2018
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APPENDIX B
RESPONSES TO COMMENTS ON THE DRAFT MND
INDIVIDUALS
ANDREW ROMER (ROM), MAY 7, 2018
ROM-1 The comment relates to the location of the fenced area of the existing closed school site
as described in the Mitigated Negative Declaration (MND). The school buildings are
currently fenced off and not accessible to the public; however, the parking lots and open
field area are not fenced off. The commenter notes that the public uses the site for parking.
However, it should be noted that the current parking lot does not provide required parking
for any use. The commenter also provides a personal observation that parking is limited
in the tract on street sweeping days. The comment does not raise any specific
environmental issues. The comment will be forwarded to the Planning Commission and
City Council for consideration.
ROM-2 The comment relates to other agencies whose approval is required for permits such as the
City of Westminster, Midway City Sanitation District, the City’s water and sewer
departments, and the Orange County Sanitation District. Approval from the City of
Westminster is not required. The Midway City Sanitation District approval is not required
as Republic Services will be serving the project site. The Orange County Sanitation
District and Republic Services have issued a Will Serve letter for the proposed project.
The comment does not raise any specific environmental issues. The comment will be
forwarded to the Planning Commission and City Council for consideration.
ROM-3 The comment states all sections of the MND should have been checked and thoroughly
addressed, but does not specify the reasons in this particular comment. The comment does
not raise any specific environmental issues. As discussed in the draft MND, this response
to comments document, and the proposed errata to the draft MND (Appendix C of this
document) all potential impacts, in light of the whole record, have been adequately
disclosed and analyzed. The comment will be forwarded to the Planning Commission
and City Council for consideration.
ROM-4 The comment states the resident disagrees with the determination that an MND is
sufficient for the environmental review and the commenter believes the proposed
mitigation measures are inadequate and, as such, an Environmental Impact Report (EIR)
should be required. The comment does not raise any specific environmental issues. As
discussed in the draft MND, this response to comments document, and the proposed
errata to the draft MND (Appendix C of this document) all potential impacts, in light of
the whole record, have been adequately disclosed and analyzed. No potentially
significant impacts have been identified that cannot be mitigated to a less than significant
level based on substantial evidence in the record. The comment will be forwarded to the
Planning Commission and City Council for consideration.
ROM-5 The comment states the proposed homes will affect the existing scenic vistas and a
mitigation measure is required. As discussed in Section 5.1 of the draft MND, the
existing park and open field area is not designated as a scenic vista; thus, the project
would not result in any impacts and a mitigation measure is not required. While there
would be a change in the view for some residences that currently face the existing park
and school, this change does not result in a significant effect on a scenic vista.
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ROM-6 The comment states the project would degrade the visual character of the site and its
surroundings due to allowing higher density housing than the surrounding neighborhood.
As discussed in the MND, the project is proposing to change the zoning and General Plan
land use to Residential Low Density (RL), which allows for seven units per acre and is
consistent with the zoning and General Plan land use of the surrounding neighborhood.
Additionally, the proposed density of 6.9 units per acre is consistent with the proposed
zoning and General Plan as well as existing density in the surrounding neighborhood.
ROM-7 The comment states the architectural style of the existing neighborhood is Mid-Century
Beach Bungalow. The comment does not raise any specific environmental issues. The
comment will be forwarded to the Planning Commission and City Council for
consideration.
ROM-8 The comment relates to Mitigation Measure AES-1, which requires the applicant to
provide an updated arborist report documenting all existing trees to be removed within
the closed school site and the parkway. The comment states that the mitigation measure
is inadequate and that preservation of existing trees in the park should occur and the
development modified to accommodate preservation in place to the maximum extent
possible. According to the preliminary arborist report, the arborist noted that many of
the existing trees in the park have defects and would have issues in the future. Therefore,
the arborist recommended that they be removed and replaced. Other trees may have
higher survival prospects, but are within planned improvement areas, such as the
playground, and have also been recommended for removal. The draft MND requires an
updated arborist report prior to removal of any trees and the proposed mitigation measure
requires replacement of trees at a 2:1 ratio, which has been considered adequate
mitigation. The comment also raises concerns of creating a concentrated area of trees
that may create a forest like design. Trees will be dispersed throughout the park area and
in the landscape parkways throughout the tract.
ROM-9 The comment addresses Section 5.1 Aesthetics (c), that the MND, which states the site is
entirely developed. The comment states the site is not developed because there is an open
field area. The current site is fully developed as the site has been entirely graded and
developed as an elementary school. The current open space/field area was a function of
the former school use. Although the project would remove the field area of the school, it
is not area that is designated as open space. The current zoning of the property would
allow for the field area to be developed with buildings and structures. The comment
also addresses the same section, which states the project will result in a reduction in the
amount of open space that will degrade the visual character of the neighborhood and
result in a significant impact that must be mitigated. As discussed in the draft MND,
aesthetic impacts are somewhat subjective and the change in the existing condition of the
project site (school buildings, fields, parking lot and park area) is “subjective,” and that
the new homes and associated park space and landscaping may be viewed aesthetically
as an improvement from the current conditions.
ROM-10 The comment relates to additional sources of light and glare from the proposed project.
The comment proposes a mitigation measure that all exterior lighting on all new
structures be directed downward, lighting is low intensity and energy efficient, and all
windows facing existing homes be masked to avoid illuminating currently non-
illuminated homes. Although the proposed project will introduce new sources of light
from the homes and vehicles, the project consists of single -family homes within a single-
family neighborhood; therefore, the use of light and sources of glare from the project
would be the same from other light sources in the neighborhood. The lighting associated
with the proposed development is not anticipated to result in a significant impact and
does not require a mitigation measure. Additionally, it is a code requirement that energy
efficient lighting is implemented. 485
ROM-11 The comment states the Air Quality section is based upon data that is unsubstantiated and
is recommending an independent air quality assessment is prepared to address the
following:
- Dust will be generated by the contractor’s activities and if not mitigated, will
endanger the health and safety of the neighborhood. Who will pay for the cleanup
of construction-induced dust deposited on the existing homes and what the long-
term damage to the health of residents inhaling the dust?
- Mitigation of odors during construction.
- Mitigation of construction odors from diesel exhaust and the presence of sulfur
and the creation of hydrocarbons during combustion and volatile compounds
within paint and other coatings.
- Mitigation of the generation of heat and dense buildings absorbing re-radiating
thermal energy from the surfaces of buildings, automobiles, furnac es, and air
conditioners; and the creation of a heat island.
As discussed in the draft MND, air quality impacts were assessed for the proposed
project and potential impacts modeled using standard air quality emissions modeling
and SCAQMD thresholds of significance. During construction, the project will be
required to implement SCAQMD Rule 403, which includes dust control measures
such as watering the site. With implementation of Rule 403, pollutant emissions
during construction would not exceed thresholds of significance and no further
mitigation would be required. Likewise, as analyzed in the Draft MND, short-term
odors during construction will be a less than significant impact and no mitigation
would be required. As modeled and shown in the draft MND in Section 5.3, due to
the temporary and intermittent nature of construction, construction odor and
emissions from diesel exhaust and hydrocarbons from paint and other coatings will
not result in significant emissions; therefore, impacts would be less than significant
and mitigation would not be required. Heat island effects are not analyzed in a MND.
However, according to the United States Environmental Protection Agency (EPA),
surface and atmospheric temperatures vary over different land use areas and different
times of the day. The proposed single-family residential project is consistent with the
surrounding residential use, and the thermal energy should not be substantially
different from the existing area. Furthermore, the EPA states parks can create cooler
areas. As such, the project proposes a 1.15-acre public park that will offset the
thermal energy and heat island effect. In addition, trees and vegetation lowers surface
and air temperatures. The proposed project will also include landscaping and trees on
each lot as well as within the parkway areas, which will further reduce the heat island
effect.
ROM-12 The MND states that “There are no endangered, rare, or threatened species
designated by the U.S. Fish and Wildlife Service (USFWS), California Department
of Fish and Wildlife (CDFW), or California Native Plant Society (CNPS) known
to occur on-site.” The comment suggests that the statement is incorrect, and goes
on to state that hawks nest in the trees at the south end of the site and owls nest
across the street. The comment also suggests that these birds of prey are migratory,
threatened species (by the USFWS) and rely on the trees and vermin that infest
the park.
The terms “endangered, rare and threatened” are specific designations of species
listed under the federal and state Endangered Species Acts (ESA). As discussed in
the MND, based on the biological resources report, there are no species that are
currently listed as rare, threatened or endangered on the project site and none are
likely to occur there in the future. A list of species currently listed under the state
and federal ESAs can be found at 486
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=109406. Although some
hawks or owls are migratory, none are listed as “threatened” as the commenter
states. The raptors that may occur in the neighborhood are adapted to and
relatively common in urban environments. It is unlikely that they rely entirely on
the trees or prey in the project area and redevelopment of the site will not
substantially reduce availability of similar habitat in the vicinity. No mitigation is
required; however, the loss of mature trees will be mitigated under Mitigation
Measure BIO-1. Also, Mitigation Measure BIO-2 would ensure that impacts to
nesting species would be less than significant.
ROM-13 One monarch butterfly (Danaus plexippus) was observed flying in the project area
during a survey to evaluate biological resources on the site in 2015 (Leatherman
BioConsulting, Inc. 2015). The comment states that without a year-around study
it cannot be truthfully known if monarchs are known to winter in the project area
and that impacts must be mitigated. The comment also states that monarchs are
observed in their backyard every year, and that the updated arborist report and
landscape plan will not mitigate the “significant” loss of habitat due to tree
removal.
As stated in the MND, monarch butterflies are known to roost in gum trees
(Eucalyptus spp.) in protected canyons along the southern California coast and can
occur throughout the state during migration. The locations of the roosting sites for
these large populations are well known to agency personnel, conservation
organizations, and biologists in general, and usually are located in protected areas
where the public can visit and observe the congregation of butterflies. In addition,
these wintering sites are included in data bases that can be searched for the
occurrence of special status species, such as the one conducted for the biological
assessment, and no wintering populations for the monarch are reported from the
area. Therefore, a year-around study is not required to determine that a large monarch
population does not rely on the trees on the project site during the winter.
The MND states that the removal of gum trees from the project area is not expected
to impact the monarch butterfly, and no mitigation is required under CEQA.
However, Mitigation Measure BIO-1 includes the requirement to replace mature
trees at a 2:1 ratio, and requires that the landscape plan recommend tree species
that would provide suitable roosting habitat for the butterfly, so no long-term
impacts are expected. Because monarchs can use habitat provided by trees and
landscaping anywhere in the vicinity of the project, the temporary loss of mature
trees that might be used by monarchs would not result in short-term impacts.
ROM-14 The MND states that there are no identified wildlife corridors or native wildlife
nurseries occur within the boundaries of the project site, that the project site is fully
urbanized and was formerly developed, that the project site is surrounded by urban
uses on all four sides, and that the site does not provide a regional linkage between
wildlife habitats that are otherwise separated. The comment suggests that these
conclusions are not correct because the site is within the Pacific Flyway (a
migratory path taken by birds), that the site is open space and not urbanized, and
that coyotes (Canis latrans) and raccoons (Procyon lotor) have been observed.
A wildlife corridor, as commonly addressed under CEQA, is a narrow corridor
(usually with native vegetation) that allows wildlife to move from one patch of
native habitat to another patch of native habitat through otherwise unsuitable
(e.g. developed) habitat. Because the project has already been developed as a 487
school site, and because the surrounding area is currently developed in the form of
housing, there are no patches of native habitat to be connected through the project
area.
The issues associated with and the effects of habitat fragmentation and
importance of corridors were reviewed by Harris and Gallagher (1989) and Soule
(1991), among many others. In some areas, land development and linear structures
(e.g., roadways) have converted once-contiguous habitat into scattered patches
separated by barriers, so that individual animals and entire populations are now
isolated in remnant habitat fragments. Wildlife corridors are intended to mitigate
the effects of fragmentation by providing movement routes across barriers and
increasing the acreage of habitat available to wildlife.
The Pacific Flyway is a migratory route along the Pacific Coast used by millions
of birds each year. At the extremes, it extends from the Siberian Peninsula through
Alaska to the tip of South America. Land birds that migrate along the coast can
stopover anywhere along their migratory route. The redevelopment of the site
from a school to a residential use would not result in a bottleneck, restriction,
or other impediment to bird movement along the Pacific Flyway.
The site is completely surrounded by urban development, is not adjacent to open
space that provides native habitat, and does not have any potential to function
as a wildlife movement corridor. Coyotes, raccoons, and other wildlife species
that are adapted to urban environments, including opossums (Didelphis
virginianus), Valley pocket gophers (Thomomys bottae), striped skunks
(Mephitis mephitis), western fence lizards (Sceloporus occidentalis), southern
alligator lizards (Elgaria multicarinata), and numerous bird species, all occur in
neighborhoods and urbanized areas similar to the project site. Daily movements of
these animals through neighborhoods in their normal home ranges does not
constitute movement through a wildlife corridor. These wildlife will continue to
occur in and move through the project site and vicinity after the site is redeveloped.
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ROM-15 The MND states that trees and other ornamental shrubbery on the site may
provide suitable nesting habitat for a variety of native birds. The comment states
that the implementation of Mitigation Measure BIO-2 would not reduce impacts
to less than significant levels because native birds like to nest in mature trees
and shrubbery and it might be decades before the lost habitat will support that
many birds again.
Implementation of Mitigation Measure BIO-2 would completely eliminate the
incidental take of active nests, which is the purpose of the measure. Mitigation
Measure BIO-2 is specifically intended to avoid the accidental removal of
active nests, which is required under federal and state law as follows. The
Federal Migratory Bird Treaty Act (MBTA) prohibits any person to “pursue,
hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale,
sell, offer to barter, barter, offer to purchase, [or] purchase” any migratory
bird, including parts of birds, as well as eggs and nests. Similarly, California
Fish and Game Code (CFGC) Sections 3503, 3503.5, and 3512 also prohibit
take of birds and active nests. Although the federal and state definitions of
an active nest are slightly different, essentially, an active nest is a nest that
is under construction or has viable eggs or young birds in it.
Removal of trees and shrubs during the non-breeding season will not result in
the loss of active nests. Therefore, Mitigation Measure BIO-2 requires that
trees and shrubs on the site not be removed during the nesting season (typically
February 1 to August 31) to avoid potential impacts to nesting birds. It also states
that if construction during the nesting season cannot be avoided, a qualified
biologist shall conduct a nesting bird survey to search the trees and shrubs on
the site for nests prior to their removal. If no active nests are found, no further
mitigation is necessary. However, if an active nest is found, it has to be
avoided/protected with a suitable buffer area until nesting activity has ended
(e.g. the young fledge).
Finally, protection of nesting birds under the MBTA and CFGC does not apply
to old nests that were used in previous years or to nests that might have been
built in subsequent years. Short-term impacts are not considered significant under
CEQA because of the availability of similar nesting habitat in the vicinity and
long term impacts from loss of mature trees are indirect impacts that are
mitigated through BIO-1.
ROM-16 The comment relates to the criteria established by SCAQMD which is ten years
old. The criteria established by SCAQMD is the most recent criteria and serves to
provide a threshold for which the level of impact can be assessed.
ROM-17 The comment relates to the construction emissions of 959 metric tons (MT) of
CO2e and 847 MT per year. The threshold levels per year is 3,000 MT; therefore,
the construction CO2e levels would not be considered significant. The comment
also states the project does not demonstrate consistency with the strategies, actions,
and emission reduction targets of the City’s Greenhouse Gas Reduction Program
(GGRP) because the project is converting open space into a pollution generating
use. The GGRP does not restrict development; however, there are guidelines for
greenhouse gas emissions. The proposed project is consistent with the guidelines
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such as requiring energy conservation features such as high efficiency lighting,
high efficiency heating and air conditioning, double-glazed windows, and water
conserving fixtures to reduce greenhouse gas emissions.
ROM-18 The comment relates to post-construction runoff and erosion and that the MND
states impacts would be less than significant not being accurate. The comment also
states the proposed project will contribute to more runoff and the potential of
flooding, storm drain improvements, and requiring storm drains to be engineered
and constructed prior to the proposed site modifications on the Franklin Park site.
The comment also states an EIR is required for the storm drain improvements. The
project will create additional impervious surface area and will create runoff;
however, a conceptual Water Quality Management Plan (WQMP) has been
approved by the Public Works Department, compliance with requirements of
NPDES, and implementation of all post-construction structural and non-structural
best management practices will ensure water quality standards and discharge will
not result in impacts. The proposed project will implement a new storm drain
system, for which potential impacts from construction and implementation are
included in the environmental analysis of the draft MND. With implementation of
standard requirements related to water quality, the proposed storm drain system
for the project, and because the site is not within a flood zone, the potential for
floods is not likely to occur. Because the impacts to hydrology and water quality
are less than significant, new storm drains do not require an EIR for the project.
ROM-19 The comment relates to Section 5.10 Land Use Planning and states that the loss of
an 8.75-acre park needs to be mitigated. The comment also states the General Plan
amendment and zoning map amendment violates the General Plan Land Use and
Housing Element goals and policies; more specifically, with Goal LU-1 because
the proposed project is not coordinated to ensure the land use pattern is consistent
with the overall goals and needs of the community, and does not address the
community’s needs to preserve the existing public open space. The proposed
project will not result in a loss of an 8.75-acre park. The existing park is
approximately 1.52 acres and is proposed to be replaced with an approximately
1.15-acre park. As discussed in the draft MND, the proposed General Plan
amendment and zoning map amendment is consistent with the goals and policies
of the General Plan Land Use Element and the Housing Element as the proposed
General Plan designation and zoning designation of RL, or Residential Low
Density would be compatible with the existing neighborhood of which is also RL.
The proposed project will be consistent with Goal LU-1 as the residential
development will be consistent with the existing land use pattern of a single-family
use and meets the overall goals and needs of the community to provide additional
housing types.
ROM-20 The comment states the proposed change violates the General Plan Land Use
Element and Housing Element goals and policies; specifically, Goal LU-4, because
the range of housing types proposed does not match in size and character. Goal
LU-4 states: A range of housing types is available to meet the diverse economic,
physical, and social needs of future and existing residents, while neighborhood
character and residences are well maintained and protected. The proposed project
meets Goal LU-4 as the project provides 11 one-story units to be sited along the
perimeter of the site, adjacent to the existing homes, and will place two-story units
within the interior of the site to achieve compatibility with the existing
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neighborhood. In addition, the project meets Goal LU-4 as the development
provides for a range of housing types by proposing two-story units, which meets
the diverse needs of future and existing residents. In addition, the proposed project
would be subject to the same standards in terms of height, setbacks, lot coverage,
etc., as the surrounding neighborhood, which would allow for comparable sized
homes to be remodeled/constructed on existing neighborhood lots. The proposed
project meets all development standards with the exception of lot width and lot
size. The proposed project does meet standards for height, setbacks, and lot
coverage; and therefore, is consistent and compatible with the surrounding
neighborhood.
ROM-21 The comment relates to the proposed project violates Goal LU-6 of the General
Plan because the project does not meet the changing needs of the community, and
the community needs a well-maintained public park. Goal LU-6 states that
neighborhood school sites should adapt over time to meet the changing needs; as
such, the proposed project provides for additional housing options for current and
future residents. In addition, the project will dedicate a 1.15-acre public park with
park improvements and updated park furniture and playground equipment.
ROM-22 The comment relates to the reduced lot widths, lot sizes, and the incompatibility
with the existing neighborhood. Although the lot widths and lot sizes will be less
than the standard 60 ft. wide and 6,000 sq. ft. lots, the project would be subject to,
and is proposing to comply with, all other development standards of the RL zoning
district such as building height, setbacks, lot coverage, and landscaping, which are
the same standards applicable to the surrounding neighborhood. While the
commenter is correct in that lot sizes with be smaller than the surrounding single-
family residential lots, the site and lot layout and residential design are consistent
with the zoning and single-family residential nature of the surrounding
neighborhood. In addition, the proposed project is consistent with the City’s Urban
Design Guidelines for single-family development. Therefore, the project is
compatible with the existing neighborhood.
ROM-23 The comment relates to affordable housing and states the project violates Housing
Element Policy HE 3.2 which states that projects should utilize the City’s
Inclusionary Housing Ordinance to integrate affordable housing within market rate
developments. The proposed project is in compliance with the Housing Element
and the City’s Inclusionary Housing Ordinance, as the developer has elected to pay
an in-lieu fee to provide affordable units at an off-site location.
ROM-24 The comment relates to the reduction in the park acreage and states the project
violates Goal ER-1 of the Environmental Resources and Conservation Element of
the General Plan. The proposed project, which includes the dedication of a 1.15-
acre public park, is consistent with the goals and policies of the Environmental
Resources and Conservation Element of the General Plan, and specifically, with
Goal ER-1, which states adequately sized and located parks meet the changing
recreational and leisure needs of existing and future residents. The required park
dedication in accordance with the Quimby Act is 0.77-acre and the project
proposes to provide a 1.15-acre public park. Compliance with the citywide General
Plan standard within the Environmental Resources and Conservation Element of a
minimum five acres for every 1,000 residents would be maintained even with the
proposed reduction in park space.
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ROM-25 The comment relates to noise generated from the proposed project, 54 air
conditioning units, three to four automobiles per house, and leaf blowers. As
analyzed in the Noise section of the MND, the proposed single-family use is
consistent with the surrounding single-family neighborhood and will generate
noise similar to noise generated by the existing residential neighborhood. In
addition, the proposed project would be subject to the Noise Ordinance of the
Municipal Code.
ROM-26 The comment states the project will induce substantial population growth in the
area and create an increase demand for public services. The comment also states
the zone change from PS to RL means the residential development is not within
the residential growth anticipated by the General Plan. The proposed project would
be a 0.06 percent increase in population, which is generally not considered a
substantial increase. The General Plan anticipates 17,862 additional residents by
2040. Although the proposed project would require a zone change from PS to RL
to permit the proposed residential development, the residential development is
within the residential grow anticipated by the General Plan, and is consistent with
the Southern California Association of Governments (SCAG) regional plan. The
commenter states that the project would induce substantial population growth,
which would result in a significant impact. However, the commenter does not
provide specific reasons why he believes the project would induce substantial
population growth nor does he provide substantial evidence that there would be a
significant environmental impact.
ROM-27 The comment states the Westminster Fire Department (serviced by Orange County
Fire Authority) services the neighborhood and whether should be consulted to
determine if the proposed project will be expected to construct a new fire facility.
The neighborhood is served by the Orange County Fire Authority through a mutual
aid agreement with the City of Huntington Beach. The City of Westminster did not
provide comments regarding the MND or project. In addition, the Huntington
Beach Fire Department and the Orange County Fire Authority has reviewed the
proposed project and levels of service within the area, and additional fire stations
or fire apparatus are not required for the project. 53 new single-family residences
would not result in an impact to the level of service for fire safety in the area.
ROM-28 The comment relates to the population increase of 137 residents as part of the
proposed project, and that the estimated number is too low. The comment also
states increased populations will promote increased crime rates, and how long
development impact fees for police service will last, or that the development
impact fees will not be spent elsewhere. The population estimate for 53 new single-
family residences is based on a study from the State of California, Department of
Finance that averages the number of persons per household in the City of
Huntington Beach to be 2.59 per household. This number is derived using current
(2017) population estimates divided by the actual number of occupied households.
The commenter suggests multiplying the number of bedrooms per proposed unit
by 1.5 or 2. However, there is no supporting information that this method would
provide an accurate estimate based on reasonable assumptions. Also, refer to
response PRE-2. The Police Department has reviewed the proposed project and
does not anticipate an increase in crime rates in the area as the use is single-family
residences, consistent with the existing neighborhood. Development impact fees
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for police services are intended to supplement police services as needed and are
applied citywide.
ROM-29 The comment relates to the proposed project creating an increase demand for
school services and inquires how the destruction of a school will be mitigated. The
existing school site has been closed down since 1994 due to under enrollment;
therefore, the demolition of the closed school site does not result in the destruction
of a currently operating school and no mitigation would be required. In addition,
although the addition of 53 single-family homes would increase demand for
schools, school fees are required and will be paid, which would offset any potential
increases in demand for school services and ensure impacts would be less than
significant.
ROM-30 The comment relates to the increased demand for parks and rec reational services
and the proposed project and park does not comply with the minimum
requirements of Chapter 254 of the Huntington Beach Zoning and Subdivision
Ordinance (HBZSO) or the goals and policies of the General Plan. The comment
also states the only mitigation for the proposed project is an increase in the park
size. The comment also states that the General Plan standard of five acres per 1,000
residents is only met if Central Park is counted. Central Park is the largest park in
the City and, as the General Plan standard is a citywide standard, it is rational to
include Central Park acreage (in addition to all other city parks of various sizes) in
the citywide standard. In accordance with Chapter 254 of the HBZSO, which
implements the requirements of the Quimby Act, the developer is required to
dedicate a minimum of 0.77-acres of parkland. The proposed project is dedicating
1.15-acres, which exceeds the minimum requirement. The project is consistent
with the goals and policies within the General Plan Land Use Element,
Environmental Resources and Conservation Element, and the Housing Element.
The single-family residences will be consistent with the surrounding land use, will
provide for a range of housing types to meet economic and social needs, and will
provide a park that exceeds the minimum dedication requirement and will still
maintain the Citywide minimum park acreage standard of five acres per 1,000
residents. As such, no mitigation is required.
ROM-31 The comment states the proposed park with park improvements will result in no
beneficial effect to the parkland for the neighborhood and impacts to other existing
recreational opportunities would be significant. The proposed park will result in a
dedication of parkland to the City. The existing park is not owned by the City, but
is maintained and operated by the City through a joint use agreement with the
Westminster School District that expires on June 2, 2019, unless earlier terminated.
In addition, the park improvements will provide for updated park furniture,
lighting, landscaping, irrigation, and playground equipment. Impacts to existing
recreational opportunities would be less than significant as the residents would
continue to have usage of a public park in the neighborhood and during the
construction of the project, there would be a temporary displacement of nearby
residents to nearby parks resulting in a temporary increase in usage of those parks.
However, as the displacement is temporary, it is not anticipated that there would
be substantial physical deterioration of the existing parks in the vicinity. In
addition, the City would still meet the General Plan standard of five acr es of
parkland per 1,000 residents, ensuring that adequate recreational opportunities
would be available throughout the City. Thus, the project would not significantly
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affect existing recreational opportunities. It should be noted that the commenter
does not provide substantial evidence that the project would result in significant
impacts to other recreational opportunities due to substantial deterioration of
existing parks.
ROM-32 The comment relates to the traffic study and the impacts of 505 more daily trips
and addresses that signalized intersections were studied. The comment also
questioned if the traffic study assessed traffic at the non- signalized intersections
of Hammon Lane and Westminster Boulevard and Chinook Drive and Springdale;
however, the comment states the intersection of Chinook Drive at Westminster
Boulevard. Chinook Drive does not intersect with Westminster Boulevard, and it
is assumed the individual is referencing Chinook and Springdale Street .
Furthermore, the comment also suggests a traffic signal may be required at
Hammon Lane and Westminster Boulevard and the intersection of Chinook Drive
and Springdale Street. The commenter also concludes that most traffic into and
out of the neighborhood is via either Hammon Lane and via Chinook Drive,
although no evidence is provided to support this conclusion. To determine the trip
distribution for the proposed project, peak hour traffic counts of the existing
directional distribution of traffic for existing areas in the vicinity of the site, and
other additional information on future development and traffic impacts in the area
were reviewed. Then, based on trip generation and distribution, project average
daily traffic volumes, including anticipated morning and evening peak hour
intersection turning movement volumes, are calculated. Based on the traffic study,
the proposed project would not affect levels of service in the adjacent area or at the
study intersections. The project is projected to generate approximately 505 daily
vehicle trips; however, the morning peak hour and evening peak hours do not
indicate significant impacts to traffic conditions. As such, a traffic signal at
Hammon Lane and Westminster Boulevard is not required by the proposed project.
Furthermore, because the proposed project is only expected to add four or five
vehicles during the morning and evening peak hours, respectively, the intersection
of Chinook Drive and Springdale Street was not analyzed in the Traffic Impact
Analysis.
ROM-33 The comment relates to Section 5.16 Transportation/Traffic (f), which states the
project, would provide 28 on-street parking spaces. The comment states 28 on-
street parking spaces as being because the street sweeping ordinance prohibits
street parking and the project would create an increase with the on-street parking
deficit. The comment also states there is an existing deficit of parking space within
the neighborhood and the residents utilize the existing parking lots on the school
property for parking personal vehicles. The proposed project meets minimum on-
site parking standards, which is a two-car garage per dwelling unit. The project
will also provide an additional 73 on-street parking spaces within the tract and 28
on-street parking spaces along Hammon Lane and Sands Drive. The proposed
project would create additional parking opportunities for the future residents and
neighborhood and will not result in significant impacts or inadequate parking
capacity. In addition, as the project meets parking requirements of the HBZSO,
the project would not contribute to an existing parking issue that may currently
exist in the neighborhood. Also refer to Response ROM-1 regarding use of the
closed school site by the public for parking.
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ROM-34 The comment relates to wastewater collection services being provided by the City
rather than the Orange County Sanitation District (OCSD). The comment also
states there should be an engineering study required to confirm adequate sewer
system capacity for the project, and that pipes may need to be replaced or lined.
The City’s wastewater infrastructure is directly downstream of the subject site and
will serve the area, and will then flow into the OCSD Trunk line at the intersection
of Bolsa Avenue and Bolsa Chica Street. Pursuant to the project’s Implementation
Code Requirements from the City Public Works Department, a Sewer Study (to
verify the capacity of the City’s sanitary sewer system) is required of the project
applicant and shall be prepared and submitted to the City, prior to recordation of
the Final Tract Map for the new subdivision. The expected design flows from the
proposed project will be analyzed with respect to existing conditions and capacity
of the downstream pipeline. The applicant will be required to install improvements
to allow for adequate flow, which would include either upsizing or lining of
downstream pipeline. The applicant suggests that these improvements would
require an EIR, however, the commenter does not provide substantial evidence as
to how/why these improvements would result in a significant impact.
Improvements to the existing City sanitary sewer system are anticipated and
included in the construction scenario for the project. As discussed in the draft
MND, all impacts related to construction would be less than significant or less than
significant with mitigation incorporated. As such, preparation of an EIR would
not be required.
ROM-35 The comment states there is an inadequate analysis of the impacts to the
neighborhood’s water system. The comment states the neighborhood’s water is
supplied by the Aldrich R. Peck reservoir located at 14501 Springdale Street, and
the network of pipes in the area is at least 56 years old and is not adequate to fire
protection to 53 new homes. The comment also states an engineering study
requiring the adequacy of the water system capacity should be prepared to ensure
service pressures are acceptable to the existing homes, or if the water system needs
to be upgraded. Lastly, the comment states an EIR should be prepared for an
upgrade to the existing aging system.
The age of City’s existing infrastructure is independent of this proposed
development and it is being separately addressed in the City’s 2016 Water Master
Plan Update. The site is relatively close in proximity to the City’s Peck Reservoir,
which means it is also close to transmission mains; however, the proposed 8-inch
new pipe design is consistent with other residential areas in the City, and will
provide more than adequate fire protection and water pressure to this proposed
development. The City has a hydraulic model that the project is subject to comply
with, such as a typical fire protection requirement for residential areas using 1,500
gallons per minute, and the residential pressure at any nearby fire hydrants will be
over 50 psi. The minimum requirement is 20 psi. Furthermore, with new code
requirements such as residential fire sprinkler system for all new homes, fire
protection is more reliable with such redundancy. In addition, the need for system
upgrades would not automatically require preparation of an EIR. An EIR would
be required only if there is a potentially significant impact associated with the
construction and implementation of a system upgrade. Improvements to the
system are anticipated and proposed as part of the project and included in the
environmental analysis of the draft MND. As discussed in the draft MND, all
impacts associated with utilities and service systems are anticipated to be less than
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significant. As such, no mitigation is required and preparation of an EIR would
not be necessary.
ROM-36 The comment states the proposed mitigation measures are inadequate and an
Environmental Impact Report should be prepared to address the issues listed in the
comment letter. However, the commenter does not provide any substantial
evidence to support statements that impacts would be significant, and no
alternative mitigation measures were provided that would substantially lessen the
anticipated impact. The comment will be forwarded to the Planning Commission
and City Council for consideration.
JOHN FUGATT (FUG), MAY 8, 2018
FUG-1 The comment states support of the proposed project and discusses the potential to
mitigate the reduction in park area by improving the Navy railroad right-of-way that is
located south of the project site to utilize as open space. The comment does not bring
up any specific environmental issues. The comment will be forwarded to the Planning
Commission and City Council for consideration.
JOHN PIERSMA, APRIL 30, 2018 (PIE), APRIL 30, 2018
PIE-1 The comment does not raise any specific environmental concerns related to the
adequacy of the environmental impact analysis in the draft MND. The comment states
opposition to the number of homes and the reduction in park area. The comment will
be forwarded to the Planning Commission and City Council for consideration.
However, it should be noted that the environmental impacts from the proposed number
of homes is discussed throughout the MND for all impact areas. Based on the analysis
in the MND, all environmental impacts associated with the development of 53 homes
on the project site are anticipated to be less than significant or less than significant with
the incorporation of mitigation measures. Further, as discussed in Sections 5.10 – Land
Use and Planning, 5.14 – Public Services, and 5.15 – Recreation of the draft MND,
although there would be a reduction in park space from the existing condition, the
proposed park area meets the requirements of the City’s zoning code for dedication of
park space; will not affect the City’s minimum parkland standard of five acres for every
1,000 residents per the General Plan, and would not result in significant impacts on
existing recreational opportunities.
MARY JEAN PIERSMA (PIE), MAY 7, 2018
PIE-2 The comment states opposition to the proposed project and discusses the lack of one-
story homes and the reduction in park area. The comment does not raise any specific
environmental issues. The comment will be forwarded to the Planning Commission
and City Council for consideration. Please also refer to Response PIE-1.
JOE LASCOLA, (LAS) APRIL 30, 2018
LAS-1 The commenter notes his background in the architectural feld and that he is generally
supportive of the project. The commenter also offers a suggestion to design the
proposed park in a lineal shape. The comment does not raise any specific
environmental issues. The comment will be forwarded to the Planning Commission
and City Council for consideration.
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LAS-2 The comment suggest to site the lots that are more similar in width to the existing lots
to be sited along Sands Drive for compatibility and to place narrower lots within the
tract. The comment does not raise any specific environmental issues. The comment
will be forwarded to the Planning Commission and City Council for consideration.
LAS-3 The comment is a question regarding if there will be play equipment, BBQ grills, or
animal waste disposal stations with the park dedication. Play equipment, picnic tables,
and trash receptacles are proposed amenities for the park. The comment does not raise
any specific environmental issues. The comment will be forwarded to the Planning
Commission and City Council for consideration.
LAS-4 The comment suggests an increased second story setback on the two-story dwellings.
The comment does not raise any specific environmental issues. The comment will be
forwarded to the Planning Commission and City Council for consideration.
LAS-5 The comment inquires about the possibility of reusing the brick veneer from the school
buildings for raised planers or seawalls in the park, monuments, or pilasters for caps
for a perimeter wall. The comment does not raise any specific environmental issues.
The comment will be forwarded to the Planning Commission and City Council for
consideration.
MICHAEL & JEANETTE PREECE (PRE), APRIL 28, 2018
PRE-1 The commenter notes their support for the project and provides personal observations
regarding the existing “decrepit” condition of the site. This is an inquiry regarding Lot
“A,” of the existing Tract No. 4364, which provided neighborhood pedestrian access
to the school between lots 11 and 13. The commenter indicates that Lot A is noted on
the tentative tract map for private street, public utilities and emergency vehicle access.
However, the commenter is referring to the proposed “Lot A,” which is the new street
of the subdivision. Although there are no proposed plans for the existing Lot A of
Tract 4364, it is conditioned to be addressed by the developer. If a vacation is to occur,
a complete General Street Vacation shall be processed by the developer through the
Department of Public Works. In general, if a vacation occurs, the land would be
divided between the two abutting property owners. The comment does not raise any
specific environmental issues. The comment will be forwarded to the Planning
Commission and City Council for consideration.
PRE-2 The comment raises concerns regarding the population data used from the State of
California Department of Finance, which states Huntington Beach has 2.60 persons
per household because the study includes data collected for all housing types, (single
detached units, single attached units, two to four units, five plus or apartment units,
and mobile homes) and does not account for single detached units only. Household
population estimates are derived by multiplying the number of occupied housing units
by the current (2017) persons per household. The persons per household estimates are
based on 2010 census benchmark data (the most recent census) and are adjusted by
ranking the current county population series into three estimates. Estimates are
developed using three separate models, which are driver license address changes,
changes in distribution of birth, deaths, driver licenses, public elementary school
enrollment, labor force, and county housing unit counts; and U.S. Census Bureau
Administrative Records Method, which are updated from their most recent estimates
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series and the Demographic Research Unit’s data. Nevertheless, per census tract data
of the U.S. Census Bureau, when comparing the citywide data (referenced in the draft
MND) to the census tract (996.03) of the project site, which is approximately 98
percent single-family residential homes, the average persons per household is only
slightly greater at approximately 2.69 persons per household with owner-occupied
single-family residential averaging approximately 2.5 persons per household and
renter-occupied single- and multi-family residential averaging approximately 3
persons per household. Therefore, even if the more conservative census tract data is
used, the project would be anticipated to result in potentially 143 new residents, which
would not change the impact conclusions in the draft MND.
PRE-3 The comment raises concerns regarding the months when the traffic study was
prepared. All schools that service the residents in the area (Stace y, Clegg, Schroder,
and Marina) were closed for summer break. Hammon to Space drive and Calneva to
Croupier is claimed to be heavily impacted by the project. The traffic report was
updated to include traffic counts while school was in session. The updated traffic report
finds that traffic volumes are approximately 3.5 percent higher when school is in
session and the increase is due to higher volumes at the westbound approach. After
discussions with the City’s traffic engineering division, traffic volumes at three study
intersections that previously had traffic counts taken when school was not in session
were increased by 5 percent to provide a conservative estimate. As such, only slight
increases in the volume to capacity ratio was the result, with the intersection Level of
Service remaining unchanged from the results determined in the original traffic impact
analysis.
PRE-4 The comment addresses the existing conditions of the property, issues with graffiti,
and vagrants occupying the site. The comment does not raise any specific
environmental issues. Also refer to Response PRE-2. The comment will be forwarded
to the Planning Commission and City Council for consideration.
PRE-5 The comment addresses the numbering of the lots of the existing adjoining properties.
Based on the approved tract map for the adjoining tracts, the numbers are accurate. The
comment does not raise any specific environmental issues. The comment will be
forwarded to the Planning Commission and City Council for consideration.
PRE-6 See Response to Comment PRE-3.
PRE-7 See Response to Comment PRE-1.
PRE-8 The comment addresses the proposed decrease in parkland. The applicant is required
to dedicate a minimum of 0.77-acres of parkland for the development, and has
proposed a dedication of 1.15-acres, which is a reduction in current park acreage.
However, as discussed in Sections 5.10 – Land Use and Planning, 5.14 – Public
Services, and 5.15 – Recreation of the draft MND, although there would be a reduction
in park space from the existing condition, the proposed park area meets the
requirements of the City’s zoning code for dedication of park space; will not affect the
City’s minimum parkland standard of five acres for every 1,000 residents per the
General Plan, and would not result in significant impacts on existing recreational
opportunities. The project would provide for continued use of a neighborhood park.
Also, refer to Responses PRE-2 and PRE-3.
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The comment also addresses the Naylor Act and questions why the City did not
consider purchasing land for the City owned park. The Naylor Act requires the school
district to first offer to sell or lease the school site first to any city within which the
land may be situated, second to any park or recreation district within which the land
may be situated, third to any regional park authority having jurisdiction, and fourth to
any county. The governing board of the school district shall have discretion to
determine whether the offer shall be an offer to sell or an offer to lease. The
Westminster School District is in an exchange agreement where the school district may
exchange the property for real property rather than selling or leasing the property;
therefore, the Naylor Act is not applicable, since properties held by school districts for
exchange are expressly exempt from the Naylor Act. The commenter also correctly
notes that the project is proposed as a PUD, for which a public benefit is required in
order to obtain approval for deviations to minimum lot sizes and widths. However, the
commenter incorrectly states that the residents in the surrounding tracts would not be
allowed to build two-story homes as every single-family (RL) property is permitted
two-stories by right.
LOLLY FEGLEY (FEG), MAY 2, 2018
FEG-1 The comment states opposition to the size of the park. The comment states the size of
the park is not proportionate to the number of homes within the neighborhood and asks
that the City consider requiring a larger park. The applicant is required to dedicate a
minimum of 0.77-acres of parkland for the development, and has proposed a dedication
of 1.15-acres, which exceeds the City’s minimum requirement. The project would
provide for continued use of a neighborhood park. The proposed park is consistent with
the goals and policies within the Environmental Resources and Conservation Element
of the General Plan. The reduction in parkland will not affect the City’s minimum park
requirements of five acres per 1,000 residents.
The comment also states opposition to the size and number of stories of the proposed
homes. This comment does not raise any specific environmental issues in the MND.
The comment will be forwarded to the Planning Commission and City Council for
consideration.
RICHARD STURM (STU), MAY 1, 2018
STU-1 The comment states opposition to the reduction in park land. The comment also states
park land is underserved within the area. According to the City’s Parks and Recreation
Master Plan, the neighborhood surrounding the Franklin School site is not designated
as an underserved area. An area is designated as underserved when areas zoned for
residential use is more than one-half mile from a park. The proposed development will
provide for a public park within the same general area, maintaining adequate service
levels to the neighborhood. Also refer to Response PIE-1.
STU-2 The comment relates to maintaining a 1.5-acre park as a condition of approval. The
comment does not raise any specific environmental issues. The comment will be
forwarded to the Planning Commission and City Council for consideration.
STU-3 The comment states the developer has the option to not provide a park in conjunction
with the development. Section 254.08 of the Huntington Beach Zoning and
Subdivision Ordinance was adopted to implement the provisions of the Quimby Act.
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In accordance with Section 254.08, the developer is required to dedicate parkland, pay
an in-lieu fee, and is not subject to providing park improvements when a subdivision
contains more than 50 lots. In this case, the developer is required to dedicate 0.77-acres
of parkland and is proposing to dedicate 1.15-acres and will provide the park
improvements. The commenter states his belief that a majority of the people in
attendance of the community meeting were in favor of developing the site, but opposed
to a reduction in park space.
JOHN WELCH (WEL), MAY 2, 2018
WEL-1 The comment states support of the project as proposed because the closed school site
has been a place for illegal activity involving narcotics and breaking and entering. The
comment does not raise any specific environmental issues. The comment will be
forwarded to the Planning Commission and City Council for consideration.
TRISHA QUEZADA (QUE), APRIL 26, 2018; MAY 3, 2018; MAY 4, 2018
QUE-1 The comment relates to existing traffic safety issues within the neighborhood such
as residents not obeying traffic stop signs and there are concerns for increased
traffic issues with additional drivers in the area. The comment also inquires if the
project will provide for new traffic controls such as speed bumps or narrowing of
streets. The proposed use is consistent with the surrounding residential use and is
required to comply with speed limits set for residential zones. A traffic study was
prepared for the proposed project. As discussed in Section 5.16 of the Draft MND,
the project is not anticipated to result in significant increases in traffic such that a
change in the level of service would occur nor would it increase traffic safety
hazards due to design features. Therefore, no mitigation would be required.
There are minimum street width requirements for fire access and safety; therefore,
reduction in street widths would not meet existing City requirements. Furthermore,
speed bumps are not permitted traffic controls due to fire access requirements.
While the comment does not raise specific environmental issues in the MND, the
comment related to existing traffic safety concerns in the neighborhood will be
forward to the City’s Transportation Division as well as the Planning Commission
and City Council. The comment will be forwarded to the Planning Commission
and City Council for consideration.
QUE-2 The comment questions whether access to the park will be limited to the new
residential development. Access to the park will be maintained along Sands Drive
and will be accessible to the entire neighborhood, including existing residents. The
comment will be forwarded to the Planning Commission and City Council for
consideration.
QUE-3 The comment questions if the new homes will be a gated community. The
proposed development will not be gated. The streets will be privately owned by
the HOA but publicly accessible (i.e. – not gated or closed off). The comment
does not raise specific environmental issues. The comment will be forwarded to
the Planning Commission and City Council for consideration.
QUE-4 See Response to Comment PRE-3.
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QUE-5 The comment relates to the reduction in park land and that the proposed park
should match what is existing or be larger. The commenter notes that the reduction
in park area will have significant negative impacts. Refer to Response PIE-1. The
comment does not raise specific environmental issues analyzed in the MND. The
comment will be forwarded to the Planning Commission and City Council for
consideration.
QUE-5 The comment relates to the proposed size, number of stories, and the reduced lot
sizes. The comment notes that existing homes in the neighborhood are much
smaller than the proposed homes. The commenter states that existing homes
cannot build to the size of the proposed homes. However, the proposed homes are
subject to the same RL zoning and development standards (e.g. – setbacks,
building height, lot coverage) as the existing homes. The projec t is requesting a
PUD to deviate from minimum lot size and width, but the standards would be the
same and a comparable sized home would be permitted on existing lots. The
comment will be forwarded to the Planning Commission and City Council for
consideration.
QUE-7 The commenter provides information related to real estate value of “Planned Unit
Development (PUD) zoned” projects and requests more information about
potential effects on existing property values. It should be noted that the proposed
zoning for the project would be Residential Low Density (RL), which is the same
zoning as the rest of the surrounding neighborhood. In addition, the comment
states that the commenter does not believe there are any positive benefits of the
project. Also refer to Responses PIE-1 and QUE-1. The comment does not raise
specific environmental issues. The comment will be forwarded to the Planning
Commission and City Council for consideration.
QUE-8 The comment relates to the number of on-street parking spaces and suggests that
each house have an on-street space in front to accommodate a third vehicle and/or
guests. As discussed in Section 5.16.f. of the Draft MND, the development is
providing for a two-car garage plus two driveway spaces per house pursuant to the
requirements of the HBZSO. This would accommodate a total of four vehicles on
site. In addition, a total of 73 on-street parking spaces will be provided for the
general public, which could include guests of the new residences. The comment
does not raise specific environmental issues. The comment will be forwarded to
the Planning Commission and City Council for consideration.
GARY ELMER (ELM), APRIL 25, 2018; MAY 8, 2018
ELM-1 The comment states potential impacts to traffic. A traffic impact analysis was
prepared, and the findings show that the trips generated from the proposed use will
not result in significant traffic impacts to the area. Also refer to Response QUE-1.
The comment also states the property was donated to the Westminster School
District when the neighborhood was developed and suggests the District is to
operate the site as a school in perpetuity. In 1962, the District obtained the property
through condemnation proceedings by compensating the owner of the property a
total payment amount of $151,000. Mr. Elmer provided subsequent recorded
documents including a Final Order of Condemnation (Final Order) confirming that
the district property obtained the property through the legal condemnation process
and with a payment. Upon obtaining the property, the District operated the
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Franklin Elementary School site in accordance with the Final Order. The
Education Code recognizes that school districts have changing property needs and
limited financial resources, and thus authorizes the District to dispose of real
property it no longer needs through various avenues, including the exchange
process. TRI Pointe Homes and the District are in an exchange agreement where
real property will be exchanged rather than a sale or lease of the school site. The
comment does not raise specific environmental issues. The comment will be
forwarded to the Planning Commission and City Council for consideration.
ELM-2 The comment states opposition to the project and the proposed two-story homes.
The comment does not raise specific environmental issues. The comment will be
forwarded to the Planning Commission and City Council for consideration.
ELM-3 The comment states the City will collect development impact fees, the
Westminster School District will gain monetarily, and the developer will profit
from the development. The comment does not raise specific environmental issues.
Also refer to Response PIE-1. The comment will be forwarded to the Planning
Commission and City Council for consideration.
ELM-4 The comment states general opposition toward the City, the developer, and the
Westminster School District. This comment raises no specific environmental
issues. The comment will forwarded to the Planning Commission and City Council
for consideration.
ELM-5 The comment states the school site was donated to the school district. Refer to
response ELM-1. The comment also includes opposition of reduced lot sizes,
impacts to sewer and water systems, and the reduction of open space. Hydrology
and water quality was assessed through the MND and the project will not affect
existing water systems, as the project will comply with construction runoff and
post-construction runoff and erosion requirements with the implementation of a
Storm Water Pollution Prevention Plan (SWPPP). The project requires an
approved Water Quality Management Plan (WQMP), which would ensure water
quality standards and waste discharge requirements are met and impacts would be
less than significant. Furthermore, Section 5.18 of the MND addresses water and
sewer capacity, as the project would include the connection of onsite water and
sewer lines to existing water distribution and sanitary sewer systems. A sewer
study to verify capacity within the City’s sanitary sewer system must be reviewed
and approved by the Public Works Department. In addition, the OCSD has
provided a “will-serve” letter verifying that its treatment facilities have capacity to
serve the project. Also refer to Responses PIE-1 and QUE-1. It is not anticipated
that any new water or wastewater facilities would be required to serve the project
that would result in a significant environmental effect.
ELM-6 The comment relates to two attached maps prepared by the resident for an
alternative site layout. One is a map of the site, and the second map is a site plan
prepared by the individual showing a 2.75-acre park with 30 residential units. The
comment does not raise any specific environmental issues. The comment will be
forwarded to the Planning Commission and City Council for consideration.
ALAN ADAMO (ADA), MAY 3, 2018
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ADA-1 The comment states opposition to the project and raises issues of traffic, the size
of the proposed homes, and reduced lot sizes. A traffic impact analysis was
prepared, and the findings show that the trips generated from the proposed use will
not result in significant traffic impacts to the area. Also, refer to Response Que-1.
The remaining concerns do not raise specific environmental issues. The comment
will be forwarded to the Planning Commission and City Council for consideration.
OMAR AND AMANDA TAYEB, MAY 7, 2018
TAY-1 The comment addresses the decrease in park acreage. The applicant is required to
dedicate 0.77-acres of parkland for the development and has proposed 1.15-acres
to be dedicated for parkland, which exceeds the minimum requirements.
Additionally, the MND analyzes the reduction of parkland and less than significant
impacts would occur. The project would continue to provide a neighborhood park
for continued usage to the community, continues to meet the goals and polices of
the General Plan, and meets the City’s minimum park requirements of five acres
per 1,000 residents. Also, refer to Response PIE-1. The comment also relates to
concerns regarding the reduced lot sizes, which are proposed as part of a PUD
pursuant to the HBZSO, and the proposed two-story homes. The commenter also
suggests that the new homes, at two-stories in height, would reduce air flow
through the neighborhood, but does not state why they believe this would occur
and does not identify an area of the MND they believe this would result in a
significant environmental impact. The reduced lot sizes and two-story homes do
not raise specific environmental issues and will be forwarded to the Planning
Commission and City Council for consideration.
ELLYSIA GALLAGHER, MAY 8, 2018
GAL-1 The comment states opposition of the size of the proposed homes that does not raise
any specific environmental issues. The comment also addresses the removal of a tree,
which houses a family of hawks. A Biological Resources Assessment was completed
and 25 special status wildlife species were identified in the region. Of the 25 special
status wildlife species, only the Monarch butterfly was identified onsite. Mitigation
measure BIO-1 would mitigate any potential impacts to the Monarch butterfly, and
impacts would be reduced to less than significant levels.
LOUANN KRAMER, MAY 10, 2018
KRA-1 The comment states opposition of the project. The comment does not raise any specific
environmental issues in the MND. Also refer to Responses PIE-1, STU-1, and QUE-1. The
comment will be forwarded to the Planning Commission and City Council for
consideration.
DAN JAMIESON, MAY 14, 2018
JAM-1 The comment states the Mitigated Negative Declaration (MND) fails to meet the
requirements of the General Plan’s Land Use Element and the Cit y’s Park Master Plan.
The purpose of the draft MND is to determine the environmental impacts associated with
implementation of the project in accordance with the California Environmental Quality Act
(CEQA), comprising Public Resources Code (PRC) Sections 21000–21178 and 14
California Code of Regulations (CFR) Sections 15000 et seq. (CEQA Guidelines). The
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basic purposes of CEQA are to inform governmental decision-makers and the public about
potential significant environmental effects of projects and to provide methods to avoid or
reduce the environmental effects by requiring implementation of feasible alternatives or
mitigation measures. To that end, the draft MND evaluates and discloses all potential
environmental impacts and concludes that al impacts as a result of the project would be
less than significant or less than significant with the incorporation of mitigation measures.
Also refer to Response JAM-2.
JAM-2 The comment relates to the reduction in parkland and the approximately 2.5-acres of open
space on the school site, and the loss of parkland is inconsistent with City codes, State laws,
and Federal laws. In accordance with Section 254 of the HBZSO, which implements State
laws (Quimby Act), the developer is required to dedicate 0.77-acres of parkland and has
proposed to dedicate 1.15-acres, which exceeds the minimum code requirement. The open
space surrounding the school site that is not designated as Franklin Park is not counted in
the City’s park inventory. The proposed public park dedication is consistent with the City’s
code requirements and is consistent with the goals and policies within the Environmental
Resources and Conservation Element of the General Plan as the minimum of five acres of
parkland per 1,000 residents is maintained.
JAM-3 The comment relates to the Aesthetics section of the MND that states the change in the
existing condition of the project site (school buildings, fields, parking lot and park area) is
“subjective,” and that the new homes and associated park space and landscaping may be
viewed aesthetically as an improvement from the current conditions. The Aesthetics
section of the MND analyzes the impact of a proposed change from the existing site
conditions as it relates to the visual character of the site and the surroundings only. The
comment also reiterates the loss of parkland. As discussed in Section 5.15 of the draft
MND, the project, with the proposed reduction in park space, would not affect the City’s
ability to meet the park standard of the General Plan Environmental Resources and
Conservation Element. Also, refer to Response PIE-1.
JAM-4 The comment addresses the loss of park as it relates to the General Plan. The comment
states the General Plan calls on the City to prioritize developing new park facilities in
underserved areas in a way that equitably services neighborhood and community needs
while balancing budget constraints. The comment also addresses Goal ERC-1 of the
Environmental Resources and Conservation Element of the General Plan, which states:
Adequately sized and located parks meet the changing recreational and leisure needs of
existing and future residents. The proposed project meets the goals and policies within the
Environmental Resources and Conservation Element of the General Plan, and more
specifically, with Goal ERC-1, Policy A, which requires to maintain or exceed the current
park per capital ratio of five acres per 1,000 persons, including the beach in the calculations.
The reduction in parkland still meets the minimum requirement of five acres per 1,000
persons.
The comment also raises the concern that the area is underserved based on the City’s Park
and Recreation Master Plan. The area surrounding the project site is not considered
underserved. In accordance with the Park and Recreation Master Plan, areas zoned for
residential use are considered underserved when a residential area is more than one-half
mile from a park boundary. The proposed park is located in the general area of the existing
Franklin Park.
504
JAM-5 The comment relates to the General Plan from the City of Newport Beach and compares it
to the City of Huntington Beach. The comment states the northwest part of the city is
underserved by parks. To the north of the residential area is the City of Westminster, and
to the south are industrial uses. In accordance with the Park and Recreation Master Plan,
an underserved area is a residential area that is more than one-half mile from a park
boundary. The residential area surrounding the project site is adequately served for
parkland. The proposed park will be located in the same general location of the existing
park. Also refer to Response JAM-1, JAM-2, and JAM-4.
JAM-6 The comment relates to assumptions made in the General Plan and Program EIR related to
loss of parkland for analysis associated with adoption of the General Plan Update project.
The comment also notes that the General Plan acknowledges that it will be difficult to
locate new parks and notes that the City has not acquired additional park space in recent
years. The commenter states that the City should not accept a reduction of park space with
the proposed project and that this would be contrary to the General Plan. However, it
should be noted that for school sites, the General Plan seeks to retain existing open spaces
in the event school sites are closed or decommissioned. When school sites close and a
school district chooses to sell or lease the property, the school district must first offer the
sale or lease to the City in accordance with the Naylor Act. However, land held and
conveyed by a school district for purposes of exchange is expressly exempt from the Naylor
Act. As such, the City does not have the option to lease or purchase school site or portions
thereof to maintain the existing parkland or to acquire additional land for park space. Also
refer to Response ROM-6 regarding project density.
JAM-7 The comment states the developer’s offer to make park improvements is a mitigation
measure. The MND does not include park improvements as a mitigation measure. The park
improvements are one of the public benefits proposed by the developer as required for
approval of the proposed Planned Unit Development.
The comment also includes not addressing mitigation for loss of the park during
construction. Under the Recreation section of the MND, 5.15a, demolition of the existing
closed school buildings and the public park for the construction of the development is
anticipated to take approximately 18 months. During the demolition and construction, there
may be temporary displacement of residents for the use of the existing park. However, the
displacement is temporary and it is likely that residents would use other parks in the area
(there are two within a mile of the project site) during project construction. In addition,
the new park and park improvements will provide enhanced facilities, when compared to
the existing park, upon completion. The temporary displacement is a less than significant
impact and does not require a mitigation measure.
JAM-8 The comment addresses the existing conditions of the site and the lack of maintenance is
the responsibility of the property owner and the City failing to enforce it s zoning codes.
The commenter asserts that the MND anticipates public resistance to the project and
“argues” that the site is not regularly maintained and is vacant. The purpose of the MND
is to disclose potential environmental impacts of the proposed project to the public and
decision-makers; it does not argue for or against a project. The MND accurately describes
the current condition of the project site as vacant and lacking regular maintenance. The
comment does not raise any specific environmental issues. The comment will be forwarded
to the Planning Commission and City Council for consideration.
505
JAM-9 The comment relates to the City’s efforts to acquiring the closed school site in accordance
with the Naylor Act. When school sites close and choose to sell or lease the property, the
school district must first offer the sale or lease to the City in accordance with the Naylor
Act. However, the Westminster School District is exchanging property with the developer
and is exempt from the Naylor Act. As such, the City does not have the option to lease or
purchase the land to maintain the existing parkland or to acquire additional land for park
space. Further, as discussed in Sections 5.10 – Land Use and Planning, 5.14 – Public
Services, and 5.15 – Recreation of the draft MND, although there would be a reduction in
park space from the existing condition, the proposed park area meets the requirements of
the City’s zoning code for dedication of park space; will not affect the City’s minimum
parkland standard of five acres for every 1,000 residents per the General Plan; and would
not result in significant impacts on existing recreational opportunities . As impacts are
anticipated to be less than significant, no mitigation would be required.
JAM-10 The comment indicates the MND is silent on the City’s current School Purchase Plan. As
the proposed project does not include the purchase of the school, no analysis regarding the
city’s Surplus School Purchase Plan would be appropriate and no impacts would be
anticipated. The comment does not raise any specific environmental issues. The comment
will be forwarded to the Planning Commission and City Council for consideration.
JAM-11 The comment states the MND does not address the degradation of sight lines and loss of
open space along Hammon Lane and Sands Drive. Under the Aesthetics section, 5.1c, the
loss of open space has been addressed and analyzed. Aesthetic impacts are subjective.
Some may view the development of new homes as an improvement from the current
conditions of the property. It is not anticipated that the proposed project will substantially
degrade the visual character or its surroundings because it will be redeveloped with new
detached single-family residences with landscaping and a park. The proposed park will be
sited along, and accessed from Sands Drive and from the private streets of the new
residential development. The location and access to the proposed park will be similar to
the existing Franklin Park. The loss of private views of the park, which is not considered a
scenic vista, from existing homes along Hammon Lane, is not an environmental issue.
However, the concern is noted and will be forwarded to the Planning Commission and City
Council for their consideration. Also, the commenter references Hammon Lane as a “major
street,” but it classified as a local street in the General Plan Circulation Element.
JAM-12 The comment relates to safety within the park area. The comment does not raise any
specific environmental issues. Also, the park design is required to be reviewed by the
Community Services Commission and ultimately approved by the City Council. The
comment will be forwarded to the Planning Commission and City Council for
consideration.
JAM-13 The comment relates to Development Impact Fees (DIF) for parks. In accordance with
Chapter 17.76 of the Huntington Beach Municipal Code, DIF for parks is only required for
non-subdivided new residential and nonresidential development. The proposed project
includes a tentative tract map, or subdivision of land. In addition, as discussed in Section
5.15 of the draft MND, impacts associated with the proposed reduction in park space would
be less than significant and no mitigation would be required. Use of the City’s Parkland
Acquisition and Park Facilities Development Fund is ultimately a budget decision of the
City Council. The comment does not raise any specific environmental issues. The
comment will be forwarded to the Planning Commission and City Council for
consideration.
506
JAM-14 The comment is in opposition of the reduced lot sizes and sizes of the proposed homes.
The comment does not raise any specific environmental issues. Also, refer to Responses
ROM-6, PIE-1, and QUE-8. The comment will be forwarded to the Planning Commission
and City Council for consideration.
JAM-15 The comment also states children are picked up and dropped off at the existing closed
school site. The Westminster School District will relocate the current school bus pick up
and drop off area for students prior to demolition of the school site. The new pick up and
drop off area will likely be in the same general area within the neighborhood similar to
typical procedures for school bus pick-up and drop off in other neighborhoods. . The
comment will be forwarded to the Planning Commission and City Council for
consideration. In addition, see Response to Comment PRE-3.
JAM-16 The comment relates to negotiating with the developer to reduce the size of the project and
to increase park space. The comment indicates that these issues could be resolved through
“addressing the shortcomings of the MND.” However, the comment does not raise any
specific environmental issues in the MND. The commenter’s concerns regarding the
reduction of park space, the size and scale of the proposed project and consideration for
the needs of the Westminster School District are noted and will be forwarded to the
Planning Commission and City Council for consideration during the public hearings for
the project.
NEIGHBORHOOD LETTER NO. 1 – 57 , MAY 5, 2018
NL 1-57 Staff received 57 of the same letters that were individually signed by residents. The letter
states opposition to the size of the homes, number of stories, and the reduction in parkland.
The comments within the letter do not raise any specific environmental issues in the MND.
Also refer to Responses PIE-1 and QUE-5. The letters will be forwarded to the Planning
Commission and City Council for consideration.
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APPENDIX C
ERRATA TO THE DRAFT MND
Text changes are intended to clarify or correct information in the Draft Recirculated MND in
response to comments received on the document, or as initiated by Lead Agency staff. The
changes to the Draft MND do not affect the overall conclusions of the environmental document.
Revisions are shown below as excerpts from the Draft MND text, with a line through deleted text
and an underline beneath inserted text. In order to indicate the location in the Draft MND where
text has been changed, the reader is referred to the page number of the Draft MND. Revisions to
park acreages (required dedication and proposed dedication) that are provided throughout the
entirety of the Draft MND is also listed below.
Number of Dwelling Units throughout Entire MND:
The project was proposed with 53 detached single-family dwelling units as described in the draft
MND. Subsequent to the public comment period on the draft MND, and in response to comments
received from the public on the draft MND, the project was revised to reduce the proposed number
of units to 51 detached single-family dwelling units. The reduction in units was a result of an
increase in the proposed park area as described below. The change from 53 units to 51 units is
incorporated throughout the document by this reference. As analyzed in the draft MND, all
impacts based on the 53-unit project are anticipated to be less than significant or reduced to a less
than significant level with incorporation of mitigation measures. As such, the reduced project is
also anticipated to result in less than significant impacts or less than significant with incorporation
of mitigation measures.
Park Acreages throughout Entire MND:
Due to inaccurate required park dedication calculations, the minimum required park dedication
was 0.69 acres; however, the correct dedication acreage is 0.77 acres. In addition, the applicant
elected to increase the proposed park dedication. The park dedication was 1.07-acres, but
subsequent to the public comment period and in response to comments received on the draft MND,
revisions to the proposed project would increase the park area for a total dedication of 1.30-acres.
The change in required park dedication area and proposed park dedication area is incorporated by
this reference throughout the draft MND document.
Furthermore, the existing park is inaccurately listed in the Park and Recreation Master Plan as
1.52-acres. After further research, staff determined that the existing park acreage includes area that
extends to the centerline of Sands Drive, which is an additional 30 ft. along the entire park frontage.
When the park was developed in the 1970s, the 1.52-acre measurement included the existing park
area, sidewalk, parkway, and the area to the centerline of Sands Drive. However, the actual
measurement of the park area should only extend to the back-of-sidewalk, or to the property line
boundary, which excludes the sidewalk, parkway, and one-half of Sands Drive, for an actual total
existing park area of 1.30-acres. The proposed park dedication is 1.30-acres, and excludes any
public right-of-way areas. Therefore, there is no reduction in park acreage when comparing actual
existing park area to the proposed park area.
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The amendment to the Environmental Resources and Conservation Element of the General Plan
will only amend Figure ERC-1 and ERC-2 to reflect the proposed park layout and park name.
Page 1, Project Information
Tentative Tract Map No. 18057 18147
Page 2, Proposed Project
The proposed project involves a request to amend the General Plan land use designation on the
approximately 8.75 acre closed Franklin School site from Public-Semipublic, with an underlying
designation of Low Density Residential, to Low Density Residential (7.68 acres) and Open Space – Parks
(1.07 acres), and to amend the Figure ERC-1 and ERC-2 of the Environmental Resources and Conservation
element to reduce the overall City parkland by 0.45 acres to reflect the proposed park layout and park name;
and amend the zoning designation from Public – Semipublic to Low Density Residential (7.68 acres) and
Open Space – Parks and Recreation Subdistrict (1.07 acres).
The proposed project also involves a Tentative Tract Map (TTM) to allow for the subdivision of
the approximately 8.75-acre parcel to allow for the development of a single-family residential
Planned Unit Development (PUD) and associated infrastructure and open space improvements
consisting of 5351 numbered lots and four five lettered lots (refer to Attachment No. 3). Lot A is
for a private street, public utilities, and emergency vehicle access purposes; Lot B is for common
areas; Lot CD is for water quality purposes; and Lot DE is for a public park. All existing on-site
structures and the approximately 1.52 acre public park (Franklin Park) are proposed to be removed
as part of the project. The 1.52 acre park acreage was measured from the centerline of Sands Drive
and included the parkway and sidewalk area; however, the actual park acreage is 1.30-acres when
excluding the parkway, sidewalk, and the street to the centerline of Sands Drive. The proposed
public park dedication of 1.30-acres will be measured from the actual property line and not from
the centerline of Sands Drive, which results with no reduction in park acreage. It should be noted
that the The City currently operates the existing Franklin Park through an agreement with the
Westminster School District, but does not own the park in fee. The City of Huntington Beach and
the Westminster School District will consider whether to amend the joint use agreement to remove
Franklin Park if they project is approved.
52 of tThe proposed residential lots do not meet the minimum Residential Low Density (RL) lot
width (60 ft.) and size (6,000 sq. ft.) requirements of the Huntington Beach Zoning and Subdivision
Ordinance (HBZSO). The proposed lot widths range between 45 ft. and 6154 ft. and lot sizes are
between 3,870 sq. ft. and 6,541 5,835 sq. ft. The resulting density is 6.98 units per acre, which is
within the permitted density of the proposed General Plan land use and zoning designations1.
Page 3, Surrounding Land Uses and Setting
1 53 units / 7.68 acres = 6.9 units per acre
509
The project site is currently developed with the James W. Franklin Elementary School, which was
closed by the Westminster School District in 1994 and comprised of four single-story brick
classroom and support buildings, one prefabricated building formerly used by a Head Start
preschool program that occupied the school site from 1996 through 2015; a paved recreational
playground, two surface parking lots, and landscaping. A portion of the closed school site consists
of an existing approximately 1.52-acre City park that is operated and maintained by the City
through a joint use agreement with the Westminster School District. The joint use agreement
includes Franklin Park at the Franklin School Site and the Clegg-Stacy Park at Stacey Middle
School. The City of Huntington Beach and the Westminster School District will consider whether
to amend the joint use agreement to remove Franklin Park if they project is approved. The site is
currently developed with five access driveways and entries along Hammon Lane. However, except
for the City park and adjacent school field, there is currently no public access to the site and most
of the site is fenced or gated.
Page 44, Land Use Planning, item a
The existing site has a 1.52-acre public park (Franklin Park), which would be removed as part of
the proposed project. Franklin Park is owned by the Westminster School District and is maintained
by the City through a joint use agreement. The joint use agreement includes Franklin Park at the
Franklin School Site and the Clegg-Stacy Park at Stacey Middle School. The City of Huntington
Beach and the Westminster School District will consider whether to amend the joint use agreement
to remove Franklin Park if they project is approved. Although the project includes the removal of
Franklin Park, the applicant is proposing to provide a 1.07 1.30-acre public park in generally the
same area of the site that Franklin Park currently exists, which would be dedicated in fee to the
City. The 1.07 1.30-acre public park would exceed the minimum 0.69 0.77 acres of parkland
required to be dedicated per the provisions of the Huntington Beach Zoning and Subdivision
Ordinance (HBZSO) and the Quimby Act. The applicant is also proposing to improve the
1.071.30-acre public park as part of the public benefit required for approval of the Planned Unit
Development. There is a zero net loss of park area as the existing park is measured at 1.30-acres
and the proposed park dedication is 1.30-acres.The 0.45-acre reduction of parkland requires an
amendment to the Environmental Resources and Conservation (ERC) Element of the General Plan
to reflect the change in park acreage at Franklin Park and citywide. However, the ERC Element of
the General Plan establishes a parkland acreage standard of five acres for every 1,000 Huntington
Beach residents to ensure the community has enough parkland to serve the population. Based on
the current (2017) Department of Finance population estimates of 197,574, there is approximately
5.4 acres of parkland for every 1,000 residents. The project is anticipated to increase the population
by approximately 137 persons and provide a dedicated 1.0730-acre public park. While there will
be an overall 0.45-acre reduction of parkland, the The City will maintain the current park per
capita ratio of five acres for every 1,000 persons consistent with the goals and policies of the
Environmental Resources and Conservation Element of the General Plan.
510
H u n t i n g t o n B e a c h , C a l i f o r n i a
F R A N K L I N S C H O O L S I T E 0 7 . 2 7 . 1 8
SITE
511
H u n t i n g t o n B e a c h , C a l i f o r n i aF R A N K L I N S C H O O L S I T ETRACTNO. 4363TRACTNO. 4363TRACTNO. 4362TRACTNO. 4362TRACTNO. 4363TRACTNO. 4362PARK WITHPLAYGROUND, PICNICAND TURF AREAS, SEEPARK PLAN EXHIBITLOW WATERSCREENING TREE &SHRUBS TO BE HOAMAINTAINEDLOW WATER PARKWAYLANDSCAPE, HOAMAINTAINEDPRODUCTIONDRIVEWAYS(TYPICAL)STREET TREE(TYPICAL)6' HIGH TANPRECISIONBLOCK WALL3' HIGH TANPRECISIONBLOCK WALLPUBLICSIDEWALKHOMEOWNERINSTALLEDBACKYARDLANDSCAPEDEVELOPERINSTALLEDFRONT YARDLANDSCAPE(TYPICAL)STREET TREE(TYPICAL)PARKWAYLANDSCAPE TOBE HOMEOWNERMAINTAINED(TYPICAL)0'15' 30'60'"A" STREET"C" STREETSANDS DRIVE"B" STREET TROPICANA
LANE
HACIENDA
DRIVE
HAMMON DRIVE
LEGENDPROPOSED LOCATIONSFOR MAILBOXESMAIL BOX UNITS AVAILABLE FROMJAYCO INDUSTRIES, WITH ONELIGHT AT EACH LOCATION6' HIGH TAN SLUMPSTONE WALL WITHCAP ANDPILASTERSACCENT ENTRYTREE AT CORNERS6' HIGH TAN SLUMPSTONE WALL WITHCAP & PILASTERWATER QUALITY BASINWITH NATIVE GRASSESLOT#3147% (262 sq. ft) 559 sq. ft3260% (410 sq. ft) 685 sq. ft3357% (388 sq. ft) 675 sq. ft3458% (411 sq. ft) 705 sq. ft3556% (381 sq. ft) 675 sq. ft3658% (411 sq. ft) 705 sq. ft3756% (381 sq. ft) 675 sq. ft3859% (417 sq. ft) 705 sq. ft3956% (381 sq. ft) 675 sq. ft4060% (440 sq. ft) 731 sq. ft4156% (380 sq. ft) 675 sq. ft4258% (411 sq. ft) 705 sq. ft4358% (410 sq. ft) 701 sq. ft4456% (381 sq. ft) 675 sq. ft4558% (411 sq. ft) 705 sq. ft157% (380 sq. ft) 665 sq. ft263% (491 sq. ft) 780 sq. ft359% (417 sq. ft) 705 sq. ft463% (491 sq. ft) 780 sq. ft559% (417 sq. ft) 705 sq. ft.663% (491 sq. ft) 780 sq. ft758% (390 sq. ft) 675 sq. ft863% (491 sq. ft) 780 sq. ft959% (417 sq. ft) 705 sq. ft1055% (334 sq. ft) 609 sq. ft1180% (591 sq. ft) 735 sq. ft1256% (381 sq. ft) 675 sq. ft1329% (127 sq. ft) 433 sq. ft1456% (386 sq. ft) 690 sq. ft1565% (511 sq. ft) 785 sq. ftFRONT YARD AREA TOTALSNOTE: Area totals and percentages are calculated based off of the areabetween the front lot line and 15' setback in each of the lot's front yards.1659% (418 sq. ft) 713 sq. ft1765% (511 sq. ft) 788 sq. ft1861% (461 sq. ft) 753 sq. ft1961% (468 sq. ft) 762 sq. ft2057% (382 sq. ft) 676 sq. ft2165% (510 sq. ft) 780 sq. ft2259% (418 sq. ft) 714 sq. ft2356% (381 sq. ft) 675 sq. ft2459% (413 sq. ft) 706 sq. ft2556% (381 sq. ft) 683 sq. ft2658% (411 sq. ft) 709 sq. ft2757% (387 sq. ft) 679 sq. ft2858% (411 sq. ft) 705 sq. ft2957% (387 sq. ft) 675 sq. ft3060% (429 sq. ft) 712 sq. ftLANDSCAPEPERCENTAGETOTALSQ. FTPLANT LEGENDSYMBOLUSAGE/TYPEBOTANICAL NAMESSIZEPARK TREESHOA LOTS & PARKSCHINUS MOLLE48" BOXGEIJERA PARVIFLORA24" BOX24" BOXEVERGREENSCREEN5 GAL.15 GAL.BOTANICAL NAMESCALIFORNIA PEPPERAUSTRALIAN WILLOWMARINA ARBUTUSTRISTANIA CONFERTA36" BOXBRISBANE BOX24" BOXCERCIS OCCIDENTALIS24" BOXWESTERN REDBUDPRODUCTION TREESTRISTANIA CONFERTA24" BOXBRISBANE BOXLAGERSTROEMIA INDICA'MUSKOGEE'ARBUTUS 'MARINA'LARGE SHRUBS3'-6' HEIGHTBACKGROUNDPLANTINGMUSKOGEE CRAPE MYRTLELOMANDRA BREEZEROSMARINUS OFF. 'HUNTINGTON CARPET'PINK LADY INDIAN HAWTHORNESILVER STREAK FLAX LILYHUNTINGTON CARPET ROSEMARYPARKWAYS, FRONT AND BACK YARDSPYRACANTHA COCCINEAVIBURNUM TINUSROSA BANKSIAE WHITEFIRETHORNLAURUSTINUSWHITE LADY BANK'S ROSETO BE HOMEOWNER INSTALLED AND MAINTAINEDALOE STRIATAANIGOZANTHOS HYBRIDS 'BUSH GOLD'AGAVE ATTENUATA 'VARIEGATA'BOUGAINVILLEA 'MONKA'CALLISTEMON VIMINALIS 'LITTLE JOHN'MUHLENBERGIA CAPILLARIS 'REGAL MIST'RHAPHIOLEPIS INDICA 'PINK LADY'CORAL ALOEKANGAROO PAWVARIEGATED FOX TAIL AGAVEMONKA BOUGAINVILLEANATAL PLUMLITTLE JOHN CALLISTEMONREGAL MIST DEER GRASSDWARF MAT RUSHWATER QUALITY BASINMEDIUM SHRUBS2'-4' HEIGHTMIDDLEGROUNDPLANTINGLOW SHRUBS &GROUNDCOVER6"-2' HEIGHTFOREGROUNDPLANTINGLANTANA 'NEW GOLD'NEW GOLD LANTANAOLEA EUROPAEA 'LITTLE OLLIE'DWARF OLIVEBLUE CHIP CREEPING JUNIPERMYOPORUM PARVIFOLIUM 'PUTAH CREEK'PUTAH CREEK MYOPORUMBOUTELOUA GRACILISBLUE GRAMA GRASSSENECIO SPECIESBLUE CHALKSTICKSDELOSPERMA LITORALEWHITE TRAILING ICE PLANTCAROLINA LAUREL CHERRYPITTOSPORUM 15 GAL.5 GAL.5 GAL.5 GAL.5 GAL.5 GAL.5 GAL.5 GAL.5 GAL.5 GAL.5 GAL.5 GAL.5 GAL.FLATSFLATS1 GAL.1 GAL.1 GAL.1 GAL.1 GAL.TABEBUIA IMPETIGINOSA24" BOXPINK TRUMPET TREE24" BOXLITTLE GEM MAGNOLIAMAGNOLIA GRANDIFLORA'LITTLE GEM'24" BOXCHINESE PISTACHEPISTACIA CHINENSISPINK LADY INDIAN HAWTHORNERHAPHIOLEPIS INDICA 'PINK LADY'LANTANA 'NEW GOLD'NEW GOLD LANTANABOUGAINVILLEA 'MONKA'CALLISTEMON VIMINALIS 'LITTLE JOHN'MONKA BOUGAINVILLEALITTLE JOHN CALLISTEMONBOUGAINVILLEA 'RASPBERRY ICE'RASPBERRY BOUGAINVILLEA15 GAL.5 GAL.5 GAL.5 GAL.1 GAL.VIBURNUM TINUSLAURUSTINUS5 GAL.5 GAL.DEVELOPER INSTALLED LANDSCAPE AREA TOTALSLANDSCAPE AREAS ALONG LOTS (1,10, 22, 31, 32 40, 43and 51)WATER QUALITY LOT:LOT TOTAL SQ. FT6,042 sq. ft5,407 sq. ftPITTOSPORUM EUGENIOIDES 'VARIEGATA'PRUNUS CAROLINIANA 'BRIGHT 'N TIGHT'CARISSA MACROCARPA 'GREENCARPET'DIANELLA TASMANICA'SILVER STREAK'JUNIPERUS HORIZONTALIS'BLUE CHIP'DECIDUOUSACCENTSEVERGREENSTREETFRONT YARDTREESDECIDUOUSACCENTEVERGREENSCREENEVERGREENSHADEACACIA REDOLENS 'LOW BOY'LOW BOY ACACIA1 GAL.BUDDLEJA DAVIDIIBUTTERFLY BUSH5 GAL.SALVIA LEUCANTHAMEXICAN BUSH SAGE5 GAL.4657% (387 sq. ft) 675 sq. ft4759% (415 sq. ft) 705 sq. ft4857% (387 sq. ft) 675 sq. ft4958% (411 sq. ft) 705 sq. ft5056% (381 sq. ft) 675 sq. ft5159% (409 sq. ft) 695 sq. ftPLAYGROUND(Ages 2-12)6' HIGH TAN PRECISIONBLOCK WALLHYBRID FESCUE TURFSODDEDPARK512
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CITY COUNCIL
Sea Dance Residential
Development
October 15, 2018
14422 Hammon Lane
General Plan Amendment No. 16-001
Zoning Map Amendment No. 16-002
Mitigated Negative Declaration No. 16-002
573
SUBJECT
PROPERTY
SANDS DR.HAMMON LN.SPA DR.574
Background
•Westminster School District - Franklin School opened
in 1962
•Closed down in 1994 due to under enrollment
•Orange County Head Start leased closed school site
from 1996-2015
•Existing Franklin Park – 1.30-acres privately owned
and was City maintained
575
Project Overview
•Mitigated Negative Declaration 16-002 : analyzes potential
environmental impacts associated with the project and legislative
amendments.
•General Plan Amendment 16-001 : to amend the land use
designation:
1. From P-RL to RL (7.45- acre residential); and
2. OS-P (1.30-acre park); and
3. Amend Figures ERC-1, ERC-2, ERC-3, and Table ERC-4 within the
Environmental Resources and Conservation Element to reflect
the new park layout.
•Zoning Map Amendment 16-002:to amend the zoning designation:
1. From PS to RL (7.45-acre residential); and,
2. OS-PR (1.30-acre park).
576
Planning Commission Action
September 11, 2018 – PC Public Hearing
•PC recommended approval of the MND, GPA,
and ZMA to the City Council
•PC approved the Tentative Tract Map and
Conditional Use Permit to permit 51 single-family
dwelling units as a Planned Unit Development
(PUD) with a 1.30-acre park dedication and
several public benefits.
No appeal was filed on the project entitlements.
577
ANALYSIS: CEQA
Mitigated Negative Declaration: concludes less
than significant impacts will occur with
mitigation measures proposed for:
•Aesthetics
•Biological Resources
•Cultural Resources & Tribal Resources
578
ANALYSIS: GENERAL PLAN AMENDMENT
•Change from
Public (underlying
Low Density
Residential) to
Low Density
Residential (RL)
and Open Space
Park (OS-P).
•Change is
compatible with
existing land use
designations
surrounding the
site.
579
ANALYSIS: ZONING MAP AMENDMENT
•Change from
Public-Semipublic
to Low Density
Residential (RL) and
Open Space –
Parks and
Recreation
Subdistrict (OS-PR).
•Change is
compatible with
existing zoning
district surrounding
the site.
580
SITE PLAN
581
RECOMMENDATION
Approve environmental document and
legislative amendments with suggested
findings of approval and adopt
corresponding ordinance and resolution for:
•Mitigated Negative Declaration No. 16-002
•General Plan Amendment No. 16-001
•Zoning Map Amendment No. 16-002
582
City of Huntington Beach
File #:18-420 MEETING DATE:10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Antonia Graham, Assistant to the City Manager
Subject:
Approve for Introduction Ordinance No. 4165 Adding Chapter 12.40 to the Huntington Beach
Municipal Code Making Shared Mobility Devices or Businesses Unlawful
Statement of Issue:
At the July 2, 2018,City Council Meeting, Council directed the City Manager to work with the City
Attorney to return by July 16, 2018,with a proposal for a 120-day moratorium on Shared Mobility
Devices operating in the City. Subsequently, City staff held a Study Session on Shared Mobility on
September 17, 2018,and Council indicated support for a ban on these devices to help ensure public
safety. This Council Action seeks the adoption of an Ordinance that would ban Shared Mobility
Devices from operating in the City.
Financial Impact:
There is no fiscal impact associated with this action.
Recommended Action:
Approve for Introduction Ordinance No.4165, “An Ordinance of the City Council of the City of
Huntington Beach Adding Chapter 12.40 to the Huntington Beach Municipal Code Making Shared
Mobility Devices or Businesses Unlawful.”
Alternative Action(s):
Deny the recommended ordinance and direct staff accordingly.
Analysis:
The concept of shared mobility has been applied to devices such as bicycles and electric scooters,
and is seen as a further extension of the new shared economy (e.g. Uber, Lyft, VRBO, etc.). Shared
mobility devices are especially prevalent in coastal California communities and in urbanized areas.
The business model of shared mobility device companies operates such that a user can locate and
unlock a mobility device using a smart phone application and by paying a fee. When the user is done
with the bicycle or scooter, they are able to park the device anywhere and re-lock the device via the
application.
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File #:18-420 MEETING DATE:10/15/2018
Many users leave bicycles and scooters haphazardly parked in public pathways or sidewalks which
could potentially limit or delay access for fire and police emergency vehicles, or at a minimum create
a tripping hazard for pedestrians. Moreover, when bicycles and scooters are abandoned in non-
designated locations, individuals with disabilities are unable to fully utilize curbs, ramps, and other
ADA compliant structures that help ensure their safety.
In order to address these concerns many municipalities have begun to regulate this industry. City
Council directed staff on July 2, 2018,to propose a 120-day temporary land use regulation
(moratorium), which was subsequently approved on July 16, 2018. In order to adopt a moratorium,
State law requires a current and immediate threat to public health, safety, and welfare. In this case,
the City had become aware of a growing threat to public safety in the form of these shared mobility
devices creating traffic, pedestrian, and other direct access challenges in the City’s right-of-way,
including streets, curbs, alleys, and sidewalks. City Council adopted the moratorium to stem the
proliferation of shared mobility devices long enough for the City to fully evaluate the benefits of these
devices to the community.
A Study Session on Shared Mobility devices was held on September 17, 2018,and City Council
discussed the public safety challenges with these devices and directed staff to return with an
Ordinance banning such devices and/or businesses from operating in the City.
This Ordinance will make unlawful for any operator to provide, place, or offer for use a Shared
Mobility Device, or to operate as a Shared Personal Mobility Device Operator in any public right-of-
way within the City. By enacting this Ordinance, the Police Department and any persons authorized
by the City and having the duty to enforce this Ordinance are authorized to impound the Shared
Mobility Device. Furthermore, the Ordinance sets forth a fine structure for any operator or person
who violates the provisions set forth in the Ordinance.
Environmental Status:
Not Applicable
Strategic Plan Goal:
Enhance and maintain public safety
Enhance and maintain infrastructure
Improve quality of life
Attachment(s):
1. Ordinance No.4165, “An Ordinance of the City Council of the City of Huntington Beach Adding
Chapter 12.40 to the Huntington Beach Municipal Code Making Shared Mobility Devices or
Businesses Unlawful.”
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City of Huntington Beach
File #:18-428 MEETING DATE:10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Michele Warren, Director of Human Resources
Subject:
Approve Tentative Agreement and introduction of proposed Memorandum of Understanding
(MOU) between the Huntington Beach Municipal Employees’ Association (MEA) and the City
of Huntington Beach for October 1, 2017, through September 30, 2019
Statement of Issue:
The City and the Huntington Beach Municipal Employees’ Association (MEA) have tentatively agreed
to enter into a new Memorandum of Understanding (MOU) for the period October 1, 2017, through
September 30, 2019.
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 2018/19 and FY 2019/20 is
estimated by Finance to total $861,773 over the term of the agreement. Funds for FY 2018/19 have
been included in the approved budget. No additional appropriation is required.
Recommended Action:
Approve the Tentative Agreement and the introduction of the proposed Memorandum of
Understanding Between the Huntington Beach Municipal Employees’ Association and the City of
Huntington Beach for the period October 1, 2017, through September 30, 2019.
Alternative Action(s):
Do not approve the tentative agreement and the introduction of the proposed successor MOU for
MEA 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 the 375+ member MEA have been involved in active negotiations
over an extended period and have successfully completed the meet and confer process with a
tentative agreement on a proposed Memorandum of Understanding (MOU) for the period of October
1, 2017, through September 30, 2019.
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File #:18-428 MEETING DATE:10/15/2018
Highlights from the listing of tentatively agreed upon contract changes include the following:
Term of Agreement
October 1, 2017, through September 30, 2019
Medical Benefits
The City’s monthly contribution to the current Teamsters medical plan rates will increase as follows
upon final City Council approval:
·Single $100
·Two Party $100
·Family $100
·Opt-Out $100
The City’s monthly contribution to the Teamsters medical plan rates will increase $50 per month,
effective October 1, 2019. City contributions to dental and vision benefits will not increase during the
term of the agreement.
Leave Benefits
Full-time unit employees shall receive 30 hours for use as Personal Days. Part-time unit members
shall receive a proportional allocation of hours based upon a full-time equivalent. Personal Days have
no cash value. Unused Personal Days will be forfeited. This provision will sunset at the expiration of
the agreement.
The Association and the City intend to execute a separate side letter agreement related to Holiday
Closure for 2018 for December 24, 2018, and December 31, 2018.
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 as Exhibit “A.”
Environmental Status:
N/A
Strategic Plan Goal:
Strengthen economic and financial sustainability
Attachment(s):
1. Tentative Agreement
2. Fiscal Impact Report
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File #:18-428 MEETING DATE:10/15/2018
3. Proposed Memorandum of Understanding - Exhibit “A”
4. PowerPoint Presentation - MEA
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Memorandum of Understanding
between
Huntington Beach
Municipal Employees’ Association
and
City of Huntington Beach
October 1, 20157 – September 30, 20179
595
PREAMBLE .................................................................................................................. 11
ARTICLE I – TERM OF MOU ....................................................................................... 11
ARTICLE II – REPRESENTATIONAL UNIT/CLASS .................................................... 11
ARTICLE III – MANAGEMENT RIGHTS ........................................................................ 2
ARTICLE IV – EXISTING CONDITIONS ........................................................................ 2
ARTICLE V – SEVERABILITY ....................................................................................... 2
ARTICLE VI – SALARY SCHEDULE ........................................................................... 33
A. CLASSIFICATION AND SALARY RATES ...................................................................... 33
1. Wage Increases ........................................................................................................................... 3
ARTICLE VII – SPECIAL PAY ..................................................................................... 33
A. EDUCATION .......................................................................................................... 33
1. Tuition Reimbursement ............................................................................................................. 33
B. ASSIGNMENT PAY ................................................................................................. 33
1. Leadworker Differential .............................................................................................................. 33
2. Shift Differential ......................................................................................................................... 33
a. Afternoon Shift ...................................................................................................................... 33
b. Night Shift ............................................................................................................................. 44
c. Shifts Defined ....................................................................................................................... 44
C. SPECIAL CERTIFICATION/SKILL PAY ........................................................................ 44
1. Bilingual Skill .............................................................................................................................. 44
2. Building Plan Checker ............................................................................................................... 44
a. Plans Examiner International Conference of Building Officials (ICBO) Certification .............. 4
b. Engineering In Training (EIT)/Associate of Arts (AA) Degree in Engineering ........................ 4
3. Process Owner Assignment Pay ................................................................................................. 5
4. Hazardous Materials Duty Assignment Pay ................................................................................ 5
ARTICLE VIII – UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT ....................... 55
A. UNIFORMS AND SAFETY SHOES ................................................................................ 5
1. Safety Shoes – Cost .................................................................................................................... 5
2. Safety Glasses ............................................................................................................................. 5
B. TOOL ALLOWANCE ................................................................................................ 55
C. VEHICLE USE ........................................................................................................ 66
ARTICLE IX – HOURS OF WORK/OVERTIME ........................................................... 66
A. WORK SCHEDULE ................................................................................................. 66
1. Pay Definitions ............................................................................................................................. 6
2. Defined Workweek under Fair Labor Standards Act (FLSA)..................................................... 66
3. Flex Schedule and Alternative Work Schedule - Civic Center Employees ............................... 67
a. 5/40 Work Schedule ............................................................................................................... 7
b. 9/80 Work Schedule ............................................................................................................... 7
c. 4/10 Work Schedule ............................................................................................................... 7
d. Existing Alternative Work Schedules ...................................................................................... 8
B. OVERTIME/COMPENSATORY TIME ............................................................................ 8
596
1. FLSA Workweek and Employee Pay Period ............................................................................... 8
2. Overtime ...................................................................................................................................... 8
3. Work Shift that Exceeds Thirteen (13) Hours .............................................................................. 8
C. EMPLOYEE FATIGUE ................................................................................................ 9
D. CALLBACK .............................................................................................................. 9
E. MANDATORY STANDBY ............................................................................................ 9
F. ACTING ASSIGNMENT .............................................................................................. 9
G COURT STANDBY TIME AND COURT APPEARANCE TIME ........................................... 10
ARTICLE X – HEALTH AND OTHER INSURANCE BENEFITS .............................. 1010
A. HEALTH ............................................................................................................ 1010
B. ELIGIBILITY CRITERIA AND COST ............................................................................. 10
1. City and Employee Paid Medical Insurance – Employees and Dependents ............................ 10
2. Health and Other Insurance Premiums ..................................................................................... 10
3. Part Time Employee Contributions ........................................................................................... 12
C. COBRA ........................................................................................................... 1313
D. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE ............................. 12
E. LONG TERM DISABILITY INSURANCE (LTD) .......................................................... 1313
F. MEDICAL CASH-OUT ......................................................................................... 1313
G. SECTION 125 PLAN ........................................................................................... 1414
H. MISCELLANEOUS ............................................................................................... 1414
5. Health Plan Over-Payments ...................................................................................................... 13
I. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY RETIREE
MEDICAL SUBSIDY PLAN ........................................................................................ 14
J. POST-65 SUPPLEMENTAL MEDICARE COVERAGE .................................................... 14
ARTICLE XI – RETIREMENT ................................................................................... 1516
A. BENEFITS ......................................................................................................... 1516
1. Self-Funded Supplemental Retirement Benefit ..................................................................... 1516
2. Deferred Compensation ........................................................................................................ 1616
3. Medical Insurance for Retirees .............................................................................................. 1616
B. CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CAL PERS)................... 1718
1. Retirement Formula and Reporting ........................................................................................... 16
C. PRE-RETIREMENT OPTIONAL SETTLEMENT 2 DEATH BENEFIT .................................... 16
D. FOURTH LEVEL OF 1959 SURVIVOR BENEFITS ......................................................... 16
ARTICLE XII – LEAVE BENEFITS ........................................................................... 1718
A. LEAVE W ITH PAY .............................................................................................. 1819
1. General Leave ....................................................................................................................... 1819
a. Accrual .................................................................................................................................. 17
597
b. Eligibility and Approval .......................................................................................................... 17
c. Conversion to Cash .............................................................................................................. 17
d. One (1) Week Minimum Vacation Requirement ................................................................... 17
2. City Paid Holidays .................................................................................................................. 1920
b. City Observed Holiday .......................................................................................................... 18
c. Holiday Paid Time Off for Part-Time Employees .................................................................. 18
d. Holiday Pay for Work on a City Observed Holiday ............................................................... 18
e. Holiday Pay for Work on an Actual Holiday (Not the City Observed Date) .......................... 18
g. CalPERS Reporting of Holiday Pay ...................................................................................... 19
3. Sick Leave ............................................................................................................................. 2021
a. Accrual .................................................................................................................................. 19
b. Credit .................................................................................................................................... 19
c. Usage.................................................................................................................................... 19
d. Payoff at Termination ............................................................................................................ 19
e. Extended Absences .............................................................................................................. 19
4. Bereavement Leave............................................................................................................... 2021
5. Association Business ............................................................................................................. 2021
6. Jury Duty ................................................................................................................................ 2022
7. Leave Benefits Entitlement ........................................................................................................ 20
8. Personal Days ........................................................................................................................... 20
ARTICLE XIII – CITY RULES ................................................................................... 2223
ARTICLE XIV –MISCELLANEOUS .......................................................................... 2223
A. GRIEVANCE ARBITRATION .................................................................................. 2223
B. PROMOTIONAL PROCEDURES ............................................................................. 2223
1. Tie Scores .................................................................................................................................. 21
2. Salary Upon Promotion ............................................................................................................. 21
C. LABOR-MANAGEMENT RELATIONS COMMITTEE .................................................... 2324
D. COPIES OF MOU .............................................................................................. 2324
E. POSITION CLASSIFICATION ISSUES ..................................................................... 2324
1. Class Specifications................................................................................................................... 22
2. Reclassification Impact .............................................................................................................. 22
F. CLASS A AND B DRIVER LICENSE FEES ............................................................... 2324
G. DEFERRED COMPENSATION LOAN PROGRAM ...................................................... 2325
H. PERFORMANCE EVALUATIONS/W RITTEN REPRIMAND APPEALS ............................. 2425
I. MEA LETTER OF INTRODUCTION ........................................................................ 2425
J. DEPARTMENT OF TRANSPORTATION (DOT) RANDOM ALCOHOL AND CONTROLLED
SUBSTANCE TESTING ............................................................................................ 23
K. UPDATE EMPLOYEE-EMPLOYER RELATIONS RESOLUTION ........................................ 23
L. REQUIRED FINGERPRINTING OF EMPLOYEES ........................................................... 23
M. BEACH PARKING ................................................................................................... 23
N. REASONABLE SUSPICION ALCOHOL AND CONTROLLED SUBSTANCE TESTING ............. 23
598
ARTICLE XV – CITY COUNCIL APPROVAL ........................................................... 2526
LIST OF MOU EXHIBITS .......................................................................................... 2627
EXHIBIT A – CLASS/SALARY SCHEDULE ................................................................ 26
EXHIBIT B – UNIFORM POLICY.................................................................................. 39
EXHIBIT C – VEHICLE USE POLICY .......................................................................... 45
EXHIBIT D – PROVISIONS OF THE RETIREE MEDICAL SUBSIDY PLAN ............... 48
EXHIBIT E – 9/80 WORK SCHEDULE ......................................................................... 52
EXHIBIT F – 4/10 WORK SCHEDULE ......................................................................... 54
EXHIBIT G – AGENCY SHOP AGREEMENT .............................................................. 56
EXHIBIT H - CATASTROPHIC LEAVE DONATION PROGRAM……………………… 59
599
Memorandum of Understanding
between
The City of Huntington Beach
(hereinafter called City)
and
The Huntington Beach Municipal Employees’ Association
(hereinafter called Association or MEA)
PREAMBLE
WHEREAS, pursuant to California law, the City, acting by and through its designated
representatives, duly appointed by the governing body of said City, and the representatives of the
Association, a duly recognized employee Association, have met and conferred in good faith and
have fully communicated and exchanged information concerning wages, hours and other terms
and conditions of employment for the period October 1, 20157 through September 30, 20179;
and
WHEREAS, the representatives of the City and the Association desire to reduce their agreements
to writing,
NOW THEREFORE, this Memorandum of Understanding (MOU) is made to become effective
October 1, 20157 and it is agreed as follows:
ARTICLE I – TERM OF MOU
A. This Memorandum of Understanding shall be in effect for a term commencing on October 1,
20157 through September 30, 20179.
B. This Agreement constitutes the entire Agreement of the parties with respect to improvements
or changes in the salaries and monetary benefits for employees represented by the
Association for the duration of this Agreement.
ARTICLE II – REPRESENTATIONAL UNIT/CLASS
It is recognized that the Association is the employee organization which has the right to meet and
confer in good faith with the City on behalf of permanent employees of the City within those class
titles set out in Exhibit A attached hereto and incorporated herein. The term "permanent
employee” herein shall be referred to as “employee” and is used only to determine entitlement to
certain benefits provided by this MOU and is defined as follows; an employee that has completed
or is in the process of completing a probationary period in a permanent position in the competitive
service in which the employee regularly works twenty (20) hours or more per week. Additionally,
the representation unit shall include all non-safety, non-management classifications which are
created after execution of this Agreement and are not included in another representation unit or
determined in accordance with the Employer-Employee Relations Resolution to be more
appropriately designated as Non-Associated (NA) classifications.
600
The City Manager reserves the right to designate up to seven (7) Association employees as
confidential on an annual basis, or as needed. The confidential employee designations shall be
determined by the City Manager for those employees having access to or preparing confidential
materials and/or information and/or recommendations on behalf of the City in its dealings with
employee associations.
The City shall provide the Association with the names of the employees who are designated as
confidential.
ARTICLE III – MANAGEMENT RIGHTS
The parties agree the City has the right to make unilateral management decisions that are outside
the scope of bargaining, as defined by state and federal law and Public Employment Relations
Board (PERB) decisions. 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
City services and the work forces performing such services, provided that nothing herein shall
change the City’s obligation to meet and confer as to the effects of any such management decision
upon wages, hours and terms and conditions of employment or be construed as granting the City
the right to make unilateral changes in wages, hours and terms and conditions of employment.
Such rights include, but are not limited to, consideration of the merits, necessity, level or
organization of City services, including establishing of work stations, nature of work to be
performed, contracting for any work or operation, reasonable employee performance standards,
including reasonable work and safety rules and regulations in order to maintain the efficiency and
economy desirable for the performance of City services.
ARTICLE IV – EXISTING CONDITIONS
Except as expressly provided herein, the adoption of this Memorandum of Understanding shall
not change existing benefits, and terms and conditions of employment which have been
established in prior Memoranda of Understanding, and/or provided for in the Personnel Rules of
the City of Huntington Beach.
ARTICLE V – SEVERABILITY
If any Article, Sub-Article, sentence, clause, phrase or portion of this Agreement, or the application
thereof to any person, is for any reason held to be invalid or unenforceable by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Agreement or its application to other persons. The City and the Association hereby agree
that in the event any state or federal legislative, executive or administrative provision purports to
nullify or otherwise adversely affect the wages, hours and other terms and conditions of
employment contained in this Agreement or similarly purports to restrict the ability of the parties
to negotiate a successor agreement, the City and the Association shall, without prejudice to either
party’s judicial remedies, endeavor to agree to alternative contractual provisions which are not
adversely affected by said legislative, executive or administrative provision.
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ARTICLE VI – SALARY SCHEDULE
A. Classification and Salary Rates
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.
1. Wage Increases
a. Effective the beginning of the pay period that includes October 1, 2016, all
bargaining unit members will receive a 2.0% wage increase.
ARTICLE VII – SPECIAL PAY
A. Education
1. Tuition Reimbursement
Upon approval of the Department Head and the Human Resources Director, employees
may be compensated for courses from accredited vocational and educational
institutions. Tuition reimbursement shall be limited to job related courses or job related
educational degree objectives and requires prior approval by the Department Head and
Human Resources Director.
Education costs shall be reimbursed to employees on a first come, first served basis
for a full refund for tuition, books, parking (if a required fee) and any other required fees
upon presentation of receipts. On a first come, first served basis, the maximum annual
benefit per fiscal year for each employee is $5,250 (five thousand two hundred-fifty
dollars), until the maximum allocation for the entire bargaining unit of seventy five
thousand dollars ($75,000) in each fiscal year period has been allocated.
Reimbursements shall be made when the employee presents proof to the Human
Resources Director that he/she has successfully completed the course with a grade of
“C” or better; or a “Pass” if taken for credit.
B. Assignment Pay
1. Leadworker Differential
Any employee classified as “Leadworker” shall receive no less than 8% above the
highest classification, which is assigned to the Leadworker to lead.
2. Shift Differential
a. Afternoon Shift
Employees required to work on a regular assigned shift that occurs between
the hours of 4:00 PM and midnight, shall be paid a special pay equal to five
percent (5%) of the employee’s base hourly rate of pay (as defined in Article
IX) for all work performed during said shift.
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b. Night Shift
Employees required to work on a regularly assigned shift that occurs between
midnight and 8:00 AM shall be paid a special pay equal to ten percent (10%)
of the employee’s base hourly rate (as defined in Article IX).
c. Shifts Defined
Employees will be considered as assigned to the afternoon shift (4:00 PM to
midnight) or the night shift (midnight to 8:00 AM) when five (5) or more hours
of their regularly assigned shifts occur in the afternoon or night shift as defined
herein.
C. Special Certification/Skill Pay
1. Bilingual Skill
Employees who are required by their Department Head to use Spanish, Vietnamese,
or American Sign Language skills as part of their job assignment, shall be paid an
additional five-percent (5%) of their base hourly rate (as defined in Article IX) in
addition to their regular bi-weekly pay. The special pay shall be effective the first full
pay period following certification as verified to the Department Head in writing by the
Human Resources Director or designee. Employees may accept assignments
utilizing bilingual skills in 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 hourly rate of pay (as defined in Article IX) for every bi-weekly pay
period that the assignment is in effect. In order to be eligible for said compensation,
employee’s language proficiency will be tested and certified by the Human
Resources Director or designee.
The parties agree that to the extent permitted by law, Bilingual Skill Pay is special
compensation and shall be reported to CalPERS as such pursuant to Title 2 CCR,
Section 571(a)(4) Bilingual Premium.
2. Building Plan Checker
a. Plans Examiner International Conference of Building Officials (ICBO)
Certification
Effective December 1, 2007, the ICBO certification pay ended. All employees
receiving ICBO certification pay prior to this date shall continue to receive this
pay while they remain in their present classification. Any change in
classification will result in the ICBO pay ending for that employee.
b. Engineering In Training (EIT) /Associate of Arts (AA) Degree in Engineering
Effective December 1, 2007, the EIT/AA pay ended. All employees receiving
EIT/AA pay prior to this date shall continue to receive this pay while they remain
in their present classification. Any change in classification will result in the
EIT/AA pay ending for that employee.
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3. Process Owner Assignment Pay
Effective December 1, 2007, Process Owner Assignment Pay ended. All employees
receiving Process Owner Assignment Pay prior to December 1, 2007 shall continue to
receive this pay while they remain assigned to their position.
4. Hazardous Materials Duty Assignment Pay
Effective December 1, 2007, eEmployees assigned HazMat Duty by their department
head or his or her designee shall receive five percent (5%) of their base salary for the
specific hours performing the HazMat Duty assignment.
The parties agree that to the extent permitted by law, Hazardous Materials Duty
Assignment Pay is special compensation and shall be reported as such to CalPERS
pursuant to Title 2 CCR, Section 571(a)(4) Hazard Premium.
ARTICLE VIII – UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT
A. Uniforms and Safety Shoes
The City's Uniform and Safety Shoe Policy shall be set forth in Exhibit B, a copy of which
is attached hereto and incorporated herein by this reference, provided however, that
employees represented by MEA working in the Police Department shall be issued property
in accordance with the equipment issue form for the particular position to which they are
assigned.
1. Safety Shoes – Cost
The City shall furnish safety shoes in accordance with the procedures and guidelines
as set forth in Exhibit B, provided however, that the maximum amount to be
reimbursed for a pair of safety shoes will not exceed two hundred and twenty-five
dollars ($225.00) per pair every six (6) months or sooner, if necessary.
2. Safety Glasses
Prescription safety glasses shall be provided upon the approval of the Supervisor.
The cost of prescription safety glasses shall not exceed two hundred ninety-nine
dollars ($299.00) in each two (2) year period, or sooner if medically prescribed.
B. Tool Allowance
Those employees, who are required to furnish their own personal tools for use on the job,
shall be provided with a tool allowance to offset a portion of the cost for said tools that are
lost, stolen or broken when in use on the job. Such allowance shall be eight hundred
dollars ($800.00) per year, payable in January of each year, separate from payroll checks
to those employees on active duty. In the event an employee is hired or separates, his/her
tool allowance for that calendar year shall be prorated on the basis of the total number of
months in which he/she was employed on the first working day of the year. It is understood
that the employee has the responsibility to exercise care and diligence in preventing the
loss, theft and breakage of his/her personal tools.
The following classifications are eligible to receive tool allowance:
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Equipment/Auto Maintenance Crewleader
Equipment/Auto Maintenance Leadworker
Helicopter Maintenance Technician
Mechanic I
Mechanic II
Mechanic III
Senior Helicopter Maintenance Technician
C. Vehicle Use
The City Vehicle Use Policy is attached in Exhibit C.
Approval is required by the City Manager or designee for any City vehicle to be taken
home by an employee.
1. Unit employees subject to the vehicle use policy in Exhibit C shall be required to
participate in the DMV Pull Notice program.
ARTICLE IX – HOURS OF WORK/OVERTIME
A. Work Schedule
It is the intent of the City to provide an opportunity for employees to select a flexible (flex)
schedule and/or alternative work schedule that is consistent with the City’s objective that
such schedules shall not reduce service to the public, departmental effectiveness,
productivity and/or efficiency as determined by the City Manager or designee.
1. Pay Definitions
For the purpose of this Agreement, the following definitions shall apply:
a. Base Hourly Rate of Pay is defined as the hourly rate of pay that is identified in
Exhibit A, Salary Schedules.
b. Regular Rate of Pay is defined as the base hourly rate plus (including) special pays
as identified in Article VII.
c. Overtime Rate of Pay is defined as the base hourly rate of pay times one and one
half (1 ½) plus (including) special pays as identified in Article VII.
d. Hours of Work includes: General Leave, Holidays, Sick Leave and Compensatory
Time for the purpose of calculating overtime.
2. Defined Workweek under Fair Labor Standards Act (FLSA)
It is understood that the City has established a workweek for each covered employee
which meets the requirements of the FLSA and which will not result in overtime
compensation as part of a normal work schedule. Each non-exempt employee shall
be assigned a designated FLSA workweek for the correct calculation of overtime.
This designated workweek shall not change unless extraordinary circumstances
require a change in the employee’s regular work schedule due to operational need.
A change in the designated FLSA workweek shall be recommended by the
Department Head and approved by the Human Resources Director.
3. Flex Schedule and Alternative Work Schedule - Civic Center Employees
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With Supervisor and Department Head approval employees may flex regular
scheduled start times between the hours of 7:00 A.M. to 9:00 A.M. in half-hour
increments (i.e. 7:00 A.M., 7:30 A.M., 8:00 A.M., 8:30 A.M., and 9:00 A.M.). Flex
schedules shall not reduce service to the public, departmental effectiveness,
productivity and/or efficiency as determined by the City Manager or designee. Once
a flex schedule is established, an employee shall not change that schedule until the
end of the pay period, with the approval of the Department Head.
Employees will have the option of working a 5/40 or 9/80 work schedule with
Supervisor and Department Head approval. Employees assigned to the Police
Department shall retain the option of working the 4/10 work schedule with Supervisor
and Department Head approval. In order to maintain service to the public,
departmental effectiveness, productivity and/or efficiency, a Department Head may
assign an employee a different work schedule that is in compliance with the
requirements of FLSA with City Manager approval.
a. 5/40 Work Schedule
The 5/40 work schedule shall be defined as working five (5) eight (8) hour days
Monday through Friday each week plus a one (1) hour unpaid lunch during each
work shift, totaling a forty (40) hour workweek. The assigned 5/40 work schedule
must be in compliance with the requirements of FLSA.
b. 9/80 Work Schedule
i. Civic Center Employees
The 9/80 work schedule, as outlined in Exhibit E, shall be defined for all
employees assigned to the Civic Center as working nine (9) days for eighty
(80) hours in a two (2) week pay period by working eight (8) days at nine (9)
hours per day and working one (1) day (Friday) for eight (8) hours, plus a one
(1) hour unpaid lunch during each work shift, totaling forty (40) hours in each
FLSA workweek. The 9/80 work schedule shall not reduce service to the
public, departmental effectiveness, productivity and/or efficiency as
determined by the City Manager or designee.
2. Non Civic Center Employees
The 9/80 work schedule, as outlined in Exhibit E, shall be defined for all
employees not assigned to the Civic Center as working nine (9) days for eighty
(80) hours in a two (2) week pay period by working eight (8) days at nine (9)
hours per day and working one (1) day (Friday) for eight (8) hours, plus a one
(1) hour unpaid scheduled lunch during each work shift, totaling forty (40) hours
in each FLSA workweek. The 9/80 work schedule shall not reduce service to
the public, departmental effectiveness, productivity and/or efficiency as
determined by the City Manager or designee.
c. 4/10 Work Schedule
The 4/10 work schedule, as outlined in Exhibit F, shall be defined as working four
(4) ten (10) hour days each week plus a one (1) hour unpaid lunch during each
work shift, totaling forty (40) hours in each FLSA workweek. The assigned 4/10
work schedule must be in compliance with the requirements of FLSA. The 4/10
work schedule shall not reduce service to the public, departmental effectiveness,
productivity and/or efficiency as determined by the City Manager or designee.
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d. Existing Alternative Work Schedules
Non Civic Center employees who had an alternative work schedule (9/80 or 4/10)
prior to February 1, 2003 may retain that alternative work schedule. Employees
assigned to Beach Operations may be required to work a 4/10 work schedule.
Civic Center employees who had an alternative work schedule (9/80) prior to
February 1, 2003 may revert to that alternative work schedule (9/80) in the event
his/her Supervisor and/or Department Head determine that the 9/80 schedule set
forth in this Article is inappropriate for the employee’s classification.
B. Overtime/Compensatory Time
1. FLSA Workweek and Employee Pay Period
Each employee is assigned a designated workweek as a seven (7) day workweek that
begins and ends based upon a defined work schedule. Each employee’s pay period
is a fourteen (14) day cycle that consists of two (2) consecutive workweeks.
It is the policy of the City that overtime is to be used only as needed or under
emergency conditions, as approved by the City Manager or designee.
2. Overtime
FLSA “non-exempt” employees shall be compensated at the Overtime Rate (in the
form of pay or compensatory time) for hours worked over forty (40) hours in a
workweek.
3. Work Shift that Exceeds Thirteen (13) Hours
An employee who performs authorized work immediately preceding or upon completion
of a regular work shift (extension of a workday) that exceeds thirteen (13) hours in a
shift shall be compensated as follows:
a. One and one-half (1 ½) times the employee’s regular rate of pay for all hours
worked in excess of their regular workday, up to and including thirteen (13) hours
in any workday, and
b. Two (2) times the employee’s regular rate for all hours worked in excess of
thirteen (13) hours in a workday.
4. The employee’s Supervisor shall determine if employee receives overtime pay or
compensatory time. Consideration shall be given to effectuating the request of the
employee; however, the maximum accrual for compensatory time shall be one hundred
forty (140) hours.
5. Two (2) times per fiscal year an employee may cash out hours of banked compensatory
time, for maximum annual cash out amount of one hundred ten (110) hours. The
employee shall give payroll two (2) weeks advance notice of their decision to exercise
such option.
C. Employee Fatigue
An employee who is called back to work following the end of their regularly scheduled
work shift and proceeds to work more than five (5) consecutive overtime hours shall then
be entitled to an eight (8) hour rest period without compensation, upon completion of the
assignment. Regularly scheduled lunch periods are not considered part of this rest period.
607
If the eight (8) hour rest period extends into the employee’s next regularly scheduled work
shift, the employee shall suffer no loss of pay or accrued leave as a result thereof. As far
as is practicable, employees who have earned a rest period shall be relieved at the start
of their regular work shift in order to take such rest period.
This application of this provision shall include scheduled work assignments and extended
work assignments.
D. Callback
Employees called back to work shall be compensated a minimum of two (2) hours of
overtime pay at the regular rate of pay. A Supervisor shall notify an employee, in advance,
of the need to work overtime. Where overtime is worked as an extension of the workday,
it shall not be considered call back. While overtime may be required to be worked, it is the
City's policy to discourage the working of overtime, and to provide reasonable notification
to an employee should overtime be required. An employee called back to work less than
two (2) hours before their shift begins shall not be paid Call Back pay but will be paid in
accordance with Article IX.C. Overtime/Compensatory Time.
E. Mandatory Standby
An employee who is placed on standby status by their Supervisor shall be compensated
at an hourly rate equal to 0.180 of their base hourly rate of pay for the entire period of such
assignment.
F. Acting Assignment
If an employee is formally assigned to work in a higher classification on a temporary basis
for greater than three (3) consecutive weeks, the employee shall be compensated for all
hours worked in the higher classification at a rate which is at least five and one-half percent
(5 1/2%) above their pay step, but such pay increase shall not exceed eleven percent
(11%) and not to exceed the top step of the pay range for all hour s worked in the higher
classification. In the event a non-exempt employee is assigned to act in a classification
that is exempt from overtime, the employee shall retain all special pays of their non-exempt
classification and shall receive compensation for hours worked over forty (40) hours in the
designated FLSA workweek on a hour for hour basis, at the regular rate of pay. Such pay
shall be paid or credited to the employee’s compensatory time off balance at the discretion
of the Department Head or designee.
Acting assignments are not intended to exceed six (6) months unless extraordinary
circumstances warrant an extension as recommended and approved by the Human
Resources Director. Under no circumstances shall an acting assignment exceed (1) one
year nor shall it be considered a reclassification or a promotion Employees on acting
assignment obtain no property rights in the acting assignment and may be returned to
their regular position at any time.
Upon promotion to an FLSA exempt classification, all compensatory time off shall be
cashed out prior to promotion at the employee’s current regular rate of pay in the non-
exempt classification.
G. Court Standby Time and Court Appearance Time
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An employee who is required to perform court standby duty in the performance of their
official capacity with the City, shall be eligible for Court Standby Time or Court Appearance
Time.
An employee who is required to be on standby for a court appearance during other than
their regularly scheduled work hours shall receive a minimum of three (3) hours time at
their regular rate of pay for each morning and afternoon court session.
In the event an employee is required to appear in court during other than their regularly
scheduled work hours, the employee shall receive a minimum of three (3) hours at the
overtime rate; provided however, that if such time overlaps with the employee’s regularly
scheduled work hours, this provision shall be limited to those hours occurring prior to or
after the employee’s regularly scheduled work time.
A legally served subpoena or the direction of the Department Head shall be required to
support the payment of Court Standby or Appearance Time.
ARTICLE X – HEALTH AND OTHER INSURANCE BENEFITS
A. Health
The City shall make available group medical, dental and vision benefits to all employees.
A copy of the medical, dental and vision plan brochures may be obtained from the Human
Resources Office.
B. Eligibility, Criteria and Cost
1. City and Employee Paid Medical Insurance – Employees and Dependents
The City and employee shall each pay for health insurance premiums for qualified
employees and dependent(s) effective the first of the month following the employee’s
date of hire. The employee deduction for premium contributions shall be aligned with
the effective date of coverage and the ending date of coverage upon the employee’s
separation. The payroll deduction amount shall begin no later than the first full pay
period following the effective date of coverage and pro-rated for coverage through the
end of the month in which employment was separated.
2. Health and Other Insurance Premiums
a. If an employee’s health insurance premiums (medical, dental and or vision) exceed
the City’s contribution, the employee shall be responsible for paying the difference
between the cost of the premiums and the City’s contribution.
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b. 20168/19 Premiums and Contributions
2016 Health Premiums and Contributions
Effective 10/1/2015* & 1/1/16
MEA
(with Teamsters Medical + Rx)
Plan Tier Monthly
Premium
ER Monthly
Contribution
EE Monthly
Contribution
EE Bi-
Weekly
Contribution
Teamsters Kaiser*
Single 568.00 415.43 152.57 70.42
Two-Party 1,069.00 790.80 278.20 128.40
Family 1,540.00 1,008.44 531.56 245.34
Anthem Blue Cross HMO*
Single 568.00 488.83 79.17 36.54
Two-Party 1,069.00 947.37 121.63 56.14
Family 1,540.00 1,196.88 343.12 158.36
75%/25% Reimb Plan
(PPO)
Single 568.00 488.83 79.17 36.54
Two-Party 1,069.00 957.37 111.63 51.52
Family 1,540.00 1,206.88 333.12 153.75
Delta Dental PPO
Single 58.10 53.44 4.66 2.15
Two-Party 108.60 100.34 8.26 3.81
Family 143.20 135.09 8.11 3.74
Delta Care HMO
Single 30.11 23.48 6.63 3.06
Two-Party 51.19 39.95 11.24 5.19
Family 78.29 61.07 17.22 7.95
VSP
Single 25.12 21.88 3.24 1.50
Two-Party 25.12 21.88 3.24 1.50
Family 25.12 21.88 3.24 1.50
Medical Opt Out: $365.43 per month ($168.66 bi-wkly)
*Medical Increase effective 10/1/15 - Dental & Vision rates effective 1/1/16
2019 Health Premiums and Contributions
Effective 11/1/2018 & 1/1/2019
MEA
(with Teamsters Medical + Rx)
Plan Tier Monthly
Premium
Employer
Monthly
Contribution
Employee
Monthly
Contribution
Employee
Bi-Weekly
Contribution
Teamsters Kaiser* Single 679.00 679.00 0.00 0.00
610
Two-Party 1,276.00 1,257.00 19.00 8.77
Family 1,835.00 1,507.00 328.00 151.38
Anthem Blue Cross
HMO*
Single 679.00 679.00 0.00 0.00
Two-Party 1,276.00 1,257.00 19.00 8.77
Family 1,835.00 1,507.00 328.00 151.38
75%/25% Reimb Plan
(PPO)*
Single 679.00 679.00 0.00 0.00
Two-Party 1,276.00 1,257.00 19.00 8.77
Family 1,835.00 1,507.00 328.00 151.38
Delta Dental PPO
Single 56.00 53.44 2.56 1.18
Two-Party 104.60 100.34 4.26 1.97
Family 137.90 135.09 2.81 1.30
Delta Care HMO
Single 30.11 23.48 6.63 3.06
Two-Party 51.19 39.95 11.24 5.19
Family 78.29 61.07 17.22 7.95
VSP Vision
Single 23.33 21.88 1.45 0.67
Two-Party 23.33 21.88 1.45 0.67
Family 23.33 21.88 1.45 0.67
Medical Cash Out - (As stated in Article X.F.): $679.00 per month ($313.38 bi -weekly)
*Medical Increase effective 10/1/18 - Dental & Vision rates effective 1/1/19
c. Future Premiums and City Contributions
Effective the beginning of the pay period following City Council approval of this
agreement, the City’s monthly contribution to Medical premiums (only) shall
increase $100 per plan, per tier.
Effective October 1, 2016, the City’s monthly contribution to Medical premiums
(only) shall increase $100 per plan, per tier.
Effective the beginning of the pay period following City Council final approval of
this agreement, the City’s monthly contribution to Medical premiums (only) shall
increase by a maximum of $100 per plan, per tier (not to exceed the monthly plan
premium) as follows:
Single $679.00
Two Party $1,257.00
Family $1,507.00
Effective October 1, 2019, the City’s monthly contribution to Medical premiums
(only) shall increase by a maximum of $50.00 per plan, per tier (not to exceed the
monthly plan premium) as follows:
Single $729.00
Two Party $1,307.00
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Family $1,557.00
The City’s contribution to Delta Dental PPO, Delta Care HMO and Vision Service
plans will not increase. The employee shall pay any increased amount above the
City’s contribution caps.
3. Part Time Employee Contributions
Part-time employees hired after July 1, 2006, shall receive a pro-rated amount of the
City’s contribution rate as established for full-time employees based on the employee’s
work schedule, either fifty percent (50%) for half-time (1/2) or seventy-five percent
(75%) for three-quarter time (3/4).
4. Employee payroll deductions shall be made on a pre-tax basis.
5. The dental insurance maximum coverage is two thousand dollars ($2,000.00) per year.
C. COBRA
Employees who terminate their employment with the City and their dependent(s) shall
have any and all the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)
benefits as well as Cal-COBRA (AB1401) to which the law entitles them.
D. Life and Accidental Death and Dismemberment Insurance
Each employee shall be provided with fifty-thousand dollars ($50,000.00) of life insurance
and fifty-thousand dollars ($50,000.00) of accidental death and dismemberment insurance
coverage paid for by the City. Each employee shall have the option, at his/her own
expense, to purchase additional amounts of life insurance and accidental death and
dismemberment insurance to the extent provided by the City’s current providers.
E. Long Term Disability Insurance (LTD)
The City shall provide for each employee at the City's expense a long term disability
insurance plan. The parties agree to exclude the first year of job related illness or injury
from coverage on condition that the plan provides for a coordination with Sick Leave,
General Leave and holidays which is satisfactory to the Association. A copy of the LTD
insurance plan may be obtained from the Human Resources Office.
The intent of long term disability insurance is to assist employees who are off work for an
extended period of time. While long term disability benefits can be coordinated with
accrued leave benefits to achieve one hundred percent (100%) of regular rate of pay, no
employee may receive more than their regular rate of pay while receiving disability benefits
and paid leave.
F. Medical Cash-Out
Group health insurance for this unit is provided by the Teamsters Miscellaneous Security
Trust Fund. If an employee obtains approval from the Teamsters Miscellaneous Security
Trust Fund to suspend medical and prescription benefits, they he/she may receive a
medical cash-out. The amount of cash-out is equal to the City’s contribution to the lowest
cost employee-only medical premium offered to this unit, less fifty dollars ($50.00) for life
insurance and mental health/substance abuse benefits.
Evidence of approved suspension must be submitted to the Human Resources
Department. Medical cash-out would commence the beginning of the first pay period
following receipt of evidence by the City or the beginning of the first pay period following
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the effective date of the approved suspension granted by the Teamsters Miscellaneous
Security Trust Fund, whichever is the later date.
Effective October 1, 2019, Medical Cash-Out is subject to increase up to a maximum of
$50, not to exceed the lowest cost single plan tier monthly premium, up to a maximum of
$729 – if the lowest cost single tier plan monthly premium is less than $729 then the cash-
out will equal the lowest cost single plan tier monthly premium.
G. Section 125 Plan
This plan allows employees to use pre-tax salary deductions to pay for regular childcare,
adult dependent care and/or unreimbursed medical expenses.
H. Miscellaneous
1. Nothing in this Article shall be deemed to restrict the City's right to change insurance
carriers or self-fund should circumstance warrant. City shall, however, notify the
Association of any proposed change and allow the Association an opportunity to review
any proposed change and make recommendations to the City.
2. Nothing in this Article shall be deemed to obligate the City to improve the benefits
outlined in this Article.
3. When the City grants an employee leave without pay for reason of medical disability,
the City shall continue to contribute its share of the employee’s insurance premiums,
pursuant to Article X.B.2. for the time the employee is in a non-pay status for the length
of said leave not to exceed twenty-four (24) months. The City shall provide timely written
notification of employee rights under this Article and the LTD Plan and will assist the
employee in processing LTD claims so that undue delay in receiving LTD payments is
avoided.
4. The City and the Association participate in a City-wide joint labor and management
Insurance and Benefits Advisory Committee to discuss and study issues relating to
insurance benefits available for employees.
5. Health Plan Over-Payments
Employees shall be responsible for accurately reporting changes in the status of
dependent(s), which affect their eligibility for health plan coverage ninety (90) days after
the date of such status change. The City shall use its best efforts to advise all
employees of their obligation to report changes in the status of dependent(s), which
affect their eligibility. If an employee fails to report a status change that affects eligibility
within ninety (90) days, the City shall have the right to recover any premiums paid by
the City, on behalf of ineligible dependents. Recovery of such overpayments shall be
made as follows:
a. The employee's bi-weekly salary warrant shall be reduced by one-half (1/2) of the
amount of the bi-weekly overpayment. Such reduction shall continue until the
entire amount of the overpayment is recovered.
b. The City shall be entitled to recover a maximum of twelve (12) months premium
overpayments. Neither the employee nor the dependent shall be liable to the City
other than as provided herein.
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I. Retiree Medical Coverage for Retirees Not Eligible for the City Retiree Medical Subsidy
Plan
Employees who retire from the City after January 1, 2004 and are granted a retirement
allowance by the California Public Employees Retirement System (CalPERS) and are not
eligible for the City’s Retiree Medical Subsidy Plan, may choose to participate in City
sponsored medical insurance plans until the first of the month in which they turn age sixty-
five (65).
The retiree shall pay the full premium for City sponsored medical insurance for themselves
and/or qualified dependents without any City subsidy.
Employees who retire from the City and receive a retirement allowance from the CalPERS
and are not eligible for the City’s Retiree Medical Subsidy Plan and choose not to
participate in City sponsored medical insurance, upon retirement permanently lose
eligibility for this insurance.
However, if a retiree who is not eligible for the City’s Retiree Medical Subsidy Plan chooses
not to participate in a City sponsored medical insurance plan 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 City
sponsored medical insurance plans reinstated.
Eligibility for retiree medical coverage terminates the first of the month in which the retiree
or qualified dependent turns age sixty-five (65).
J. Post-65 Supplemental Medicare Coverage
Retirees who are participating in the Retiree Medical Subsidy Plan as of January 1, 2004
and all future retirees who meet the criteria to participate in City sponsored medical
insurance, with or without the Retiree Medical Subsidy Plan, may participate in a City
sponsored medical insurance plan that is supplemental to Medicare.
A retiree or qualified dependent must choose to participate in a City sponsored medical
insurance plan that is 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 a City sponsored medical insurance
plan that is supplemental to Medicare for themselves or qualified dependents without any
City subsidy.
Retirees or qualified dependents upon turning age sixty-five (65), who choose not to
participate in a City sponsored medical insurance plan that is supplemental to Medicare,
permanently lose eligibility for this insurance.
ARTICLE XI – RETIREMENT
A. Benefits
1. Self-Funded Supplemental Retirement Benefit
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Employees hired prior to December 27, 1997 are eligible for the Self-Funded
Supplemental Retirement Benefit, which provides that:
a. In the event a PERS member elects Option #1, #2, #2W, #3, #3W or #4 of
the Public Employees' Retirement law, the City shall pay the difference
between the employee's elected option and the unmodified allowance which
the retiree 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 retiree and shall be payable by the
City during the life of the member, and upon that retiree's death, the
City's obligation shall cease. The method of funding this benefit shall be at the
sole discretion of the City. This benefit is vested for employees covered by this
Agreement.
b. Employees hired on or after December 27, 1997 shall not be eligible for this
benefit referenced in A.1.a. herein above.
2. Deferred Compensation
Any employee who contributes one dollar ($1.00) or more per pay period to his/her
deferred compensation account shall receive an employer contribution in the amount
of nine dollars and twenty-three cents ($9.23)five dollars and fifty cents ($5.50) per
pay period to the employee's deferred compensation account, medical insurance
premiums or other City provided or approved pre-tax program. If an employee
elects that the five dollars and fifty cents ($5.50) be contributed to medical insurance
premiums, such election shall only be made during an announced open enrollment
period.
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 City sponsored plans:
i. With no change in benefits, retirees can stay in any of the plans offered by
the City, at the retiree’s own expense, for the maximum time period allowed
by federal law (COBRA), state law (Cal-COBRA) or
ii. Retirees may participate in the Retiree Medical Subsidy Plan, attached
hereto as Exhibit D, as amended, or the Health Maintenance Organization
(HMO) plan currently being offered to retirees, based upon the eligibility
requirements described in Exhibit D.
iii. The value of any unused earned leave benefits may be transferred to
deferred compensation at retirement, but only during the time that the
employee is actively employed with the City. The latest opportunity for such
transfer must be the pay period prior to the employee’s last day of
employment.
b. Employees hired on or after October 1, 2014 shall not be eligible for this benefit
referenced in A.3.a.ii. herein above.
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B. California Public Employees’ Retirement System (CalPERS)
1. Retirement Formulas and Reporting
a. The City shall provide all miscellaneous 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
“2.5% at age 55 plan” which is based on the retirement formula as set forth in
the California Public Employees’ Retirement System (PERS), Section 21354 of
the California Government Code.
b. All “Classic” bargaining unit members shall pay their CalPERS member
retirement contribution of eight percent (8%) of pensionable income. This
provision shall not sunset at the end of this agreement.
c. The City shall contract with PERS to have retirement benefits calculated based
upon the “classic” member employee’s highest one year’s compensation,
pursuant to the provisions of Section 20042 (highest single year).
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. For “New” Members within the meaning of the California Public Employees’
Pension Reform Act of 2013.
i. New Members shall be governed by the two percent at age 62 (2% @
62) retirement formula set forth in Government Code section 7522.20.
ii. 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.
iii. All bargaining unit “new” members as defined by PEPRA and
determined by CalPERS, shall contribute one half (50%) of the total
normal cost as established by CalPERS.
C. Pre-Retirement Optional Settlement 2 Death Benefit
Employees shall be covered by the Pre-Retirement Optional Settlement 2 Death Benefit
as identified in Government Code Section 21548.
D. Fourth Level of 1959 Survivor Benefits
Employees shall be covered by the Fourth Level of the 1959 Survivor Benefit as identified
in Government Code Section 21574.
E. The City has adopted the CalPERS Resolution in accordance with IRS Code section
414(h)(2) and 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.
ARTICLE XII – LEAVE BENEFITS
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A. Leave With Pay
1. General Leave
a. Accrual
Employees accrue leave at the accrual rates outlined below. General Leave
may be used for any purpose, including vacation, Sick Leave, and personal
leave.
Years of Service Full-Time Three-Quarter
Time
One-Half Time
First through
Fourth Year
176 Hours 132 Hours 88 Hours
Fifth through
Ninth Year
200 Hours 150 Hours 100 Hours
Tenth through
Fourteenth Year
224 Hours 168 Hours 112 Hours
Fifteenth Year
and Thereafter
256 Hours 192 Hours 128 Hours
b. Eligibility and Approval
General Leave must be pre-approved except for illness, injury or family
sickness, which may require a physician’s statement for approval. General
Leave accrued time is to be computed from hire date anniversary. Employees
shall not be permitted to take general leave in excess of actual time earned.
Employees shall not accrue General Leave in excess of six hundred forty (640)
hours. An employee who earns General Leave hours in excess of six hundred
forty (640) hours shall be paid the cash value of those additional hours in their
paycheck. Employees may not use their General Leave to advance their
separation date on retirement or other separation from employment.
c. Conversion to Cash
Two (2) times during each fiscal year, each employee shall have the option to
convert into a cash payment or deferred compensation up to a total of one
hundred-twenty (120) hours of accrued General Leave per fiscal year. The
value of each hour of conversion is at the employee’s current base hourly
rate of pay, as reflected in Exhibit A. The employee shall give payroll two (2)
weeks advance notice of their decision to exercise such option.
d. One (1) Week Minimum Vacation Requirement
Employees in the following positions, or their reclassified equivalent, in the
Finance Department, shall take a minimum of one (1) week (i.e., five (5)
consecutive workdays) paid vacation each calendar year:
Accounting Technician I; Accounting Technician II; Senior Accounting
Technician; Accounting Technician Supervisor; Field Service Representative,
Senior Accountant (responsible for bank reconciliation)
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2. City Paid Holidays
a. Full-time employees shall be compensated for the employee’s regularly
scheduled work shift for the following holidays:
1. New Year’s Day
2. Martin Luther King Day (third Monday in January)
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. Veteran’s Day (November 11)
8. Thanksgiving Day (fourth Thursday in November)
9. The Friday after Thanksgiving
10. Christmas Day (December 25)
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.
b. City Observed Holiday - Holidays which fall on Sunday shall be observed the
following Monday, and those falling on Saturday shall be observed the preceding
Friday.
c. Holiday Paid Time Off for Part-Time Employees
Half-time (1/2) or three quarter-time (3/4) employees shall have the holiday paid
as time off with a pro-rated amount of hours, respectively for the holidays listed
above in Article XII.2.A. .
d. Holiday Pay For Work on a City Observed Holiday
In the event an employee is assigned to work on the City observed holiday, in
addition to being paid for the holiday at the employee’s regular rate of pay,
whether it is or is not the employee’s regularly scheduled workday, the employee
shall be paid for working the holiday at the regular rate of pay unless FLSA
overtime provisions apply, meaning the employee will be paid over time.
e. Holiday Pay for Work on an Actual Holiday (Not the City Observed Date)
An employee who works on the actual holiday as listed in Article XII.2.A. 1-10, in
addition to being paid for the holiday at the employee’s regular rate of pay, the
employee shall be compensated at the overtime rate.
f. An employee who is assigned or required to work on both the City observed
holiday date and on the actual date that the holiday falls, shall only be paid for
one City holiday (as applicable per section E. or F. above).
g. CalPERS Reporting of Holiday Pay
Employees who are required to work on a holiday observed by the City, either on
the date observed by the City or on the date that the actual holiday falls as a part
of their regular work schedule, shall have their holiday pay reported to CalPERS.
Classifications eligible for this CalPERS reporting are: Beach Equipment Operator,
Beach Maintenance Crewleader, Beach Maintenance Worker, Crime Scene
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Investigator, Parking/Camping Crewleader, Parking/Camping Leadworker,
Parking Meter Repair Technician, Parking Meter Repair Worker, Parking Control
Officer, Police Records Supervisor, Police Records Technician, Custodian
assigned to the Police Department, Police Records Specialists assigned to the
Records Bureau, Police Service Specialists assigned to the Records Bureau and
Police Systems Coordinator.
h. If an employee is scheduled to work a holiday and will lose that holiday time due
to their General Leave bank having reached the maximum cap of six hundred
forty (640) hours, at the employee’s request, the employee may cash out the part
of their holiday time they will lose.
3. Sick Leave
a. Accrual
No employee shall accrue Sick Leave.
b. Credit
Employees hired prior to March 30, 2002 shall be credited with their Sick Leave
accrued as of March 29, 2002.
c. Usage
Employees may use accrued Sick Leave for the same purposes for which it
was used prior to March 30, 2002.
d. Payoff at Termination
Upon termination, all employees shall be paid, at their current salary rate, for
twenty-five percent (25%) of unused, earned Sick Leave from four hundred and
eighty (480) hours through seven hundred and twenty (720) hours, and for fifty
percent (50%) of all unused, earned Sick Leave in excess of seven hundred
and twenty (720) hours.
e. Extended Absences
Sick Leave shall not be used to extend absences due to work related
(industrial) injuries or illnesses.
4. Bereavement Leave
Employees shall be entitled to bereavement leave not to exceed three (3) work shifts
in each instance of death in the immediate family. Immediate family is defined as
father, mother, sister, brother, spouse, registered domestic partner, children,
grandfather, grandmother, stepfather, stepmother, stepgrandfather, step-
grandmother, grandchildren, stepsisters, stepbrothers, mother-in-law, father-in-law,
son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of
which the employee is the legal guardian.
5. Association Business
An allowance of eight hundred (800) hours per year shall be established for the
purpose of allowing duly authorized representatives of the Association to conduct
lawful Association activities. The parties agree to meet and confer during the term of
the Agreement to establish guidelines for use of Association Business time.
6. Jury Duty
619
Employees who are regularly scheduled to work on swing or graveyard shifts, as
defined in Article VII.B.2., shall be placed on a day shift if they are required to appear
for jury duty or selection for a period of more than one day.
7. Leave Benefits Entitlement
The City shall comply with all state and federal leave benefit entitlement laws. An
eligible employee on an approved leave shall be allowed to use earned Sick Leave,
General Leave, and/or Compensatory Time for serious and non-serious family or
personal health issues. For more information on employee leave options, contact
the Human Resources Division.
8. Personal Days
Each full-time unit employee will be entitled to utilize a maximum of twenty (20) thirty
(30) hours as “personal days.”
a. Supervisor approval is required to utilize Personal Days.
b. Personal Days have no cash value.
c. All Personal Days time (20 30 hours) must be used by not later than
September 30, 2019. The use of Personal Days will not be extended by any
subsequent extension of this agreement beyond September 30, 20179.
d. No portion of unused Personal Days may be carried over beyond September
30, 2019.
e. Part-time employees shall be granted twenty (20) thirty (30) hours as
Personal Days on a proportional hours computation to full-time equivalent
employee status.
i. Half-time employees shall be granted a total of ten (10) fifteen (15)
hours.
ii. Three-quarter employees shall be granted a total of fifteen (15) twenty
two and one half (22.5) hours.
The entire MOU provision regarding the additional one-time allotment of 30 hours of
Personal Days will expire with the expiration of this agreement and will not continue
beyond the original expiration date of the agreement (even if the MOU is
subsequently extended or amended), nor will it be automatically included as part of
any successor MOU. The language as written herein sunsets unless specifically
and expressly added to a subsequent MOU by mutual agreement of the parties.
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ARTICLE XIII – CITY RULES
Personnel Rules
All MOU provisions that supersede the City’s Personnel Rules shall automatically update the
City’s Personnel Rules and be incorporated into such rules.
ARTICLE XIV –MISCELLANEOUS
A. Grievance Arbitration
Any grievance as defined and described in Rules 19 and 20 of the City Personnel Rules
(Resolution No. 3960), shall be settled in accordance with the procedures set forth in said
Rules except that the parties to the grievance may, by mutual agreement, submit the
grievance to a neutral arbitrator whose decision shall be final and binding on the parties.
The arbitrator shall be selected by the parties from listings of and pursuant to the rules of
the American Arbitration Association. This procedure, if adopted by the parties, shall be in
lieu of Step 5 of Rule 19, or Step 4 of Rule 20, and the fees charged by the arbitrator or
hearing officer and court reporter shall be paid equally, fifty-fifty (50-50) by the City and
the Association.
B. Promotional Procedures
1. Tie Scores
When promotions are to be made, and two or more employees are found to be equal
as a result of promotional examinations conducted by the City, the employee with
the greatest length of service with the City shall receive the promotion.
2. Salary Upon Promotion
Upon promotion, an employee shall be compensated at the same step in the salary
range for his/her new classification, subject to the following provisions:
a. Except for the provisions of sub-paragraphs b and c below, no employee shall
receive greater than eleven percent (11%) increase upon promotion.
b. If “A” Step of the classification upon promotion is greater than eleven percent
(11%) increase, the employee shall be compensated at “A” step upon
promotion.
c. If the employee would be eligible for a step increase within eleven (11) months
of the date of promotion in his/her classification before promotion, then the
Human Resources Director may authorize an increase greater than eleven
percent (11%) upon promotion.
621
C. Labor-Management Relations Committee
The City and MEA participate in a Labor-Management Relations Committee as follows:
1. The Association and the City recognize that the participation of employees in the
formulation and implementation of personnel policy and practices affects their well-
being and the efficient administration of the Government. The parties further
recognize that the entrance into a formal agreement with each other is but one act
of joint participation, and that the success of a labor-management relationship is
further assured if a forum is available and used to communicate with each other. The
parties therefore agree to the structure of Labor-Management Relations Committees
(LMRC) for the purpose of exchanging information and the discussion of matters of
concern or interest to each of them, in the broad area of working conditions, wages
and hours.
2. The City of Huntington Beach shall have an LMRC. The formation of this LMRC shall
not serve as the basis for reopening the meet and confer process to modify this
MOU.
3. The LMRC shall meet monthly. The City shall be represented by the City Manager
(or designee), the Human Resources Director (or designee), and Department
Heads. Four (4) representatives at these meetings shall represent the Association.
4. The City agrees that any meeting conducted under this Article shall be conducted in
facilities furnished by the City, and Association representatives shall be released
from their duties at work to attend the LMRC.
5. The parties shall exchange agenda items five (5) workdays before each scheduled
LMRC meeting described in this section. Matters not on the agenda may be
discussed by mutual consent. If either party timely forwards an agenda, the meeting
will be held.
D. Copies of MOU
The City agrees to print this Memorandum of Understanding for each employee requesting
a copy.
E. Position Classification Issues
1. Class Specifications
The City shall send the Association a copy of each new job description approved for
classifications within the representation unit.
2. Reclassification Impact
It is not the intention of the City to demote or layoff an employee through
reclassification. Prior to imposing a Y-rating, or layoff resulting from classification
reviews, the City agrees to meet and confer with Association representatives.
F. Class A and B Driver License Fees
The City shall reimburse employees for costs associated with obtaining and renewing
Class A and Class B driver licenses where required by the City for the position.
G. Deferred Compensation Loan Program
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Employees may utilize this 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.
H. Performance Evaluations/Written Reprimand Appeals
Employees may appeal the results of a performance evaluation or written reprimand.
Such appeals shall be initiated through the appropriate chain of command (which may
include the LMRC) and any decision made by the Department Head shall be considered
final.
I. MEA Letter of Introduction
A one-page letter of introduction from MEA, and of MEA’s choosing, regarding the benefits
and purpose of joining the MEA, will be included in all MEA eligible new employee
orientation packets.
J. Department of Transportation (DOT) Random Alcohol and Controlled Substance Testing
During the term of the Agreement, the City and the Association agree to meet and confer
to update the policy in accordance with law.
K. Update Employee-Employer Relations Resolution (EERR)
During the term of the Agreement, the City and the Association agree to meet and confer
to update the Employee-Employer Relations Resolution to reflect current state law.
L. Required Fingerprinting of Employees
The City requires that all employees who are hired, transferred, or promoted to positions
that require fingerprinting by federal, state or local law(s) be fingerprinted according to
said law(s). The City may also require employees be fingerprinted if they are hired,
transferred or promoted into positions with oversight responsibilities for senior citizens or
oversight responsibilities for confidential, and or sensitive documents or equipment.
M. Beach Parking
Employees may purchase a City beach parking pass at the Senior discount rate.
N. Reasonable Suspicion Alcohol and Controlled Substance Testing
The City maintains the right to conduct a test during working hours of any employee that
it reasonably suspects is under the influence of alcohol or a controlled substance in the
workplace. The policy to implement such testing shall be established by the City and the
Association during the term of the Agreement.
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ARTICLE XV – CITY COUNCIL APPROVAL
It is the intent of the City and Association that this Memorandum of Understanding represents an
“Agreement” between the undersigned within the meaning of Section 8-2 of the Huntington Beach
Employer-Employee Relations Resolution; however, this Memorandum of Understanding is of no
force or effect whatsoever unless 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 7th day of July, 2014 5th day of November, 2018.
City of Huntington Beach
Huntington Beach
Municipal Employees’ Association
By: By:
Fred A. Wilson
City Manager
Judy Graham
MEA President
By: By:
Ken DomerLori Ann Farrell Harrison
Assistant City Manager
Gregorio Daniels
Teamsters 911 Sr. Business Rep
By: By:
Michele Warren
Director of Human Resources
Terry Tintle
Vice-President
By: By:
JoAnn Diaz
Principal Personnel Analyst
Kevin Kirby
MEA Bargaining Committee
By:
Iris Tatar
MEA Bargaining Committee
By:
Brian Weinberg
MEA Bargaining Committee
APPROVED AS TO FORM:
Michael Gates
City Attorney
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MEA
LIST OF MOU EXHIBITS
EXHIBITS SUBJECT
A Class/Salary Schedule
B Uniform Policy
B-1 Uniform Listing by Category/Class
C Vehicle Use Policy
D Provisions of the Retiree Medical Subsidy Plan
E 9/80 Work Schedule
F 4/10 Work Schedule
G Agency Shop Agreement
H Catastrophic Leave Donation Program
I Teamsters Miscellaneous Security Trust
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2% EFFECTIVE SEPTEMBER 27, 2014
Job
type Description Pay
Grade A B C D E
0111 Accountant MEA111 31.81 33.56 35.40 37.35 39.40
0286 Accounting Technician I MEA286 22.10 23.31 24.59 25.95 27.38
0287 Accounting Technician II MEA287 24.30 25.63 27.04 28.53 30.10
0294 Accounting Technician Supv MEA294 28.08 29.62 31.25 32.96 34.77
0428 Administrative Aide MEA428 31.19 32.90 34.71 36.62 38.63
0278 Administrative Assistant MEA278 27.53 29.04 30.64 32.32 34.10
0289 Administrative Secretary MEA289 23.45 24.74 26.11 27.55 29.06
0297 Art Programs Curator MEA297 27.80 29.32 30.93 32.64 34.44
0296 Arts Education Coordinator MEA296 24.30 25.63 27.04 28.53 30.10
0108 Assistant Planner MEA108 32.62 34.40 36.30 38.30 40.40
0267 Assistant Social Worker MEA267 22.66 23.91 25.22 26.60 28.06
0358 Beach Equip Operator MEA358 25.81 27.23 28.72 30.30 31.96
0149 Beach Maint Crewleader MEA149 33.43 35.27 37.21 39.25 41.41
0452 Beach Maint Service Worker MEA452 23.69 25.00 26.37 27.82 29.36
0210 Building Inspector I MEA210 30.11 31.76 33.50 35.35 37.29
0211 Building Inspector II MEA211 33.27 35.10 37.03 39.06 41.21
0208 Building Inspector III MEA208 36.75 38.77 40.90 43.16 45.53
0176 Building Plan Checker I MEA176 36.21 38.20 40.31 42.52 44.86
0520 Building Plan Checker II MEA520 42.04 44.36 46.81 49.38 52.10
0112 Buyer MEA112 31.33 33.06 34.88 36.80 38.82
0340 Carpenter MEA340 28.20 29.76 31.40 33.12 34.94
0106 Civil Engineering Assistant MEA106 37.11 39.16 41.31 43.59 45.99
0162 Civilian Check Investigator MEA162 24.90 26.27 27.72 29.24 30.85
0186 Code Enforcement Officer I MEA186 25.03 26.40 27.85 29.39 31.01
0182 Code Enforcement Officer II MEA182 30.88 32.57 34.36 36.26 38.25
0511 Code Enforcement Technician MEA511 20.83 21.97 23.18 24.45 25.79
0263 Community Relations Specialist MEA263 26.31 27.76 29.28 30.89 32.59
0597 Community Services Officer MEA597 26.97 28.46 30.02 31.67 33.42
0252 Community Srvcs Rec Coord MEA252 29.23 30.84 32.53 34.32 36.20
0269 Community Srvcs Rec Specialist MEA269 23.69 25.00 26.37 27.82 29.36
626
0258 Community Srvcs Rec Supv MEA258 32.77 34.57 36.48 38.49 40.61
0193 Computer Operator MEA193 21.77 22.96 24.22 25.56 26.96
0172 Construction Inspector I MEA172 30.11 31.76 33.50 35.35 37.29
0463 Construction Inspector II MEA463 33.27 35.10 37.03 39.06 41.21
0587 Construction Project Coord MEA587 39.42 41.59 43.88 46.29 48.84
0312 Court Liaison Specialist MEA312 23.45 24.74 26.11 27.55 29.06
0166 Crime Analyst MEA166 31.19 32.90 34.71 36.62 38.63
0165 Crime Analyst Senior MEA165 36.38 38.38 40.50 42.73 45.08
0255 Crime Scene Investigator MEA255 29.37 30.99 32.69 34.49 36.38
0119 Criminalist MEA119 32.77 34.57 36.48 38.49 40.61
0192 Cross Connection Control Spec MEA192 30.88 32.57 34.36 36.26 38.25
0299 Cultural Services Aide MEA299 27.80 29.32 30.93 32.64 34.44
0400 Custodian MEA400 21.33 22.51 23.75 25.05 26.42
0134 Deputy City Clerk MEA134 25.67 27.08 28.57 30.14 31.80
0138 Development Specialist MEA138 32.77 34.57 36.48 38.49 40.61
0456 Distribution Services Clerk MEA456 20.91 22.06 23.28 24.56 25.92
0375 Electrical Leadworker MEA375 32.93 34.74 36.66 38.68 40.81
0339 Electrician MEA339 30.40 32.08 33.84 35.71 37.67
0232 Emergency Medical Srvcs Coord MEA232 46.47 49.02 51.72 54.56 57.57
0198 Emergency Services Coordinator MEA198 40.02 42.22 44.54 46.99 49.57
0175 Engineering Aide MEA175 26.31 27.76 29.28 30.89 32.59
0180 Engineering Technician MEA180 32.29 34.07 35.94 37.92 40.00
0445 Environmental Specialist MEA445 37.11 39.16 41.31 43.59 45.99
0382 Equip Services Crewleader MEA382 34.46 36.35 38.35 40.46 42.68
0142 Equip/Auto Maint Crewleader MEA142 34.46 36.35 38.35 40.46 42.68
0472 Equip/Auto Maint Leadworker MEA472 31.33 33.06 34.88 36.80 38.82
0383 Equipment Support Assistant MEA383 24.41 25.76 27.18 28.67 30.24
0061 Executive Assistant MEA061 31.65 33.39 35.22 37.16 39.20
0143 Facilities Maint Crewleader MEA143 34.29 36.17 38.16 40.26 42.47
0407 Facilities Maint Leadworker MEA407 26.71 28.18 29.73 31.36 33.08
0391 Facilities Maintenance Tech MEA391 24.66 26.01 27.44 28.95 30.54
0398 Field Service Representative MEA398 25.42 26.82 28.29 29.84 31.48
0588 Fire Prevention Inspector MEA588 37.68 39.76 41.95 44.26 46.69
0260 Fire Safety Program Specialist MEA260 31.81 33.56 35.40 37.35 39.40
627
0173 Fire Training Maintenance Tech MEA173 29.23 30.84 32.53 34.32 36.20
0470 Forensic Systems Specialist MEA470 35.13 37.07 39.11 41.26 43.53
0576 GIS Analyst I MEA576 35.85 37.82 39.91 42.10 44.41
0178 GIS Analyst II MEA178 38.83 40.96 43.22 45.60 48.11
0390 Groundsworker MEA390 20.83 21.97 23.18 24.45 25.79
0190 Haz Mat Program Specialist MEA190 35.49 37.44 39.50 41.67 43.97
0337 Helicopter Maintenance Tech MEA337 28.77 30.36 32.03 33.80 35.66
0113 Human Services Program Supv MEA113 32.77 34.57 36.48 38.49 40.61
0115 Info Systems Analyst I MEA115 35.85 37.82 39.91 42.10 44.41
0505 Info Systems Analyst II MEA505 38.83 40.96 43.22 45.60 48.11
0117 Info Systems Analyst III MEA117 41.44 43.72 46.12 48.66 51.34
0118 Info Systems Analyst IV MEA118 45.55 48.06 50.70 53.48 56.43
0495 Info Systems Technician I MEA495 22.33 23.56 24.85 26.21 27.65
0494 Info Systems Technician II MEA494 25.14 26.53 27.99 29.54 31.17
0493 Info Systems Technician III MEA493 28.20 29.76 31.40 33.12 34.94
0492 Info Systems Technician IV MEA492 31.19 32.90 34.71 36.62 38.63
0491 Info Systems Technician Senior MEA491 33.43 35.27 37.21 39.25 41.41
0155 Irrigation Crewleader MEA155 33.43 35.27 37.21 39.25 41.41
0357 Irrigation Specialist MEA357 25.03 26.40 27.85 29.39 31.01
0359 Landscape Equip Operator MEA359 25.81 27.23 28.72 30.30 31.96
0145 Landscape Maint Crewleader MEA145 33.43 35.27 37.21 39.25 41.41
0402 Landscape Maint Leadworker MEA402 27.94 29.47 31.09 32.81 34.60
0163 Latent Fingerprint Examiner MEA163 31.48 33.22 35.05 36.98 39.01
0164 Latent Fingerprint ExamTrainee MEA164 26.05 27.48 29.00 30.59 32.28
0300 Legal Assistant MEA300 26.31 27.76 29.28 30.89 32.59
0114 Librarian MEA114 28.50 30.06 31.72 33.46 35.30
0311 Library Clerk MEA311 17.99 18.99 20.03 21.13 22.30
0305 Library Clerk Specialist (T) MEA305 17.99 18.99 20.03 21.13 22.30
0432 Library Facilities Coordinator MEA432 25.67 27.08 28.57 30.14 31.80
0310 Library Processing Clerk MEA310 19.91 21.00 22.15 23.37 24.65
0451 Library Services Clerk MEA451 19.91 21.00 22.15 23.37 24.65
0257 Library Specialist MEA257 23.69 25.00 26.37 27.82 29.36
0302 Literacy Program Specialist MEA302 28.50 30.06 31.72 33.46 35.30
0303 Mail Services Clerk MEA303 17.58 18.54 19.56 20.64 21.77
628
0392 Maint Service Worker MEA392 23.69 25.00 26.37 27.82 29.36
0394 Maintenance Worker MEA394 20.83 21.97 23.18 24.45 25.79
0448 Marine Equipment Mechanic MEA448 31.04 32.74 34.54 36.44 38.44
0344 Masonry Worker MEA344 28.20 29.76 31.40 33.12 34.94
0384 Mechanic I MEA384 24.53 25.87 27.30 28.81 30.39
0348 Mechanic II MEA348 27.25 28.75 30.33 32.00 33.76
0347 Mechanic III MEA347 28.93 30.52 32.20 33.97 35.84
0206 Media Production Coordinator MEA206 27.11 28.60 30.18 31.84 33.59
0380 Media Services Specialist MEA380 23.69 25.00 26.37 27.82 29.36
0306 Office Assistant I MEA306 16.88 17.81 18.79 19.83 20.92
0304 Office Assistant II MEA304 20.31 21.43 22.60 23.84 25.15
0290 Office Specialist MEA290 21.43 22.60 23.85 25.17 26.55
0341 Painter MEA341 28.20 29.76 31.40 33.12 34.94
0378 Painter Leadworker MEA378 30.55 32.23 34.01 35.89 37.86
0485 Paralegal MEA485 31.19 32.90 34.71 36.62 38.63
0153 Park Maintenance Crewleader MEA153 34.29 36.17 38.16 40.26 42.47
0177 Parking Meter Repair Tech MEA177 27.25 28.75 30.33 32.00 33.76
0395 Parking Meter Repair Worker MEA395 25.14 26.53 27.99 29.54 31.17
0570 Parking/Camping Assistant MEA570 20.83 21.97 23.18 24.45 25.79
0459 Parking/Camping Crewleader MEA459 33.43 35.27 37.21 39.25 41.41
0401 Parking/Camping Leadworker MEA401 27.94 29.47 31.09 32.81 34.60
0455 Parking/Traffic Control Coord MEA455 26.31 27.76 29.28 30.89 32.59
0262 Parking/Traffic Control Officr MEA262 20.83 21.97 23.18 24.45 25.79
0577 Parking/Traffic Control Supv MEA577 28.08 29.62 31.25 32.96 34.77
0458 Payroll Specialist MEA458 36.56 38.57 40.70 42.94 45.30
0447 Payroll Technician MEA447 24.66 26.01 27.44 28.95 30.54
0295 Permit Technician MEA295 22.66 23.91 25.22 26.60 28.06
0279 Personnel Assistant MEA279 23.95 25.26 26.65 28.11 29.65
0154 Pest Contrl Advisor Crewleader MEA154 33.43 35.27 37.21 39.25 41.41
0367 Pest Control Specialist MEA367 25.03 26.40 27.85 29.39 31.01
0136 Planning Aide MEA136 26.31 27.76 29.28 30.89 32.59
0342 Plumber MEA342 29.65 31.28 33.01 34.83 36.74
0197 Police Photo/Imaging Specialst MEA197 29.23 30.84 32.53 34.32 36.20
0307 Police Records Specialist MEA307 21.43 22.60 23.85 25.17 26.55
629
0283 Police Records Supervisor MEA283 25.03 26.40 27.85 29.39 31.01
0282 Police Records Technician MEA282 19.42 20.49 21.61 22.79 24.04
0308 Police Services Specialist MEA308 23.69 25.00 26.37 27.82 29.36
0215 Police Systems Coordinator MEA215 27.65 29.18 30.78 32.48 34.27
0399 Printing Services Technician MEA399 21.99 23.20 24.48 25.82 27.24
0584 Program Coord - Human Srvcs MEA584 29.23 30.84 32.53 34.32 36.20
0259 *Property and Evidence Officer MEA259 26.05 27.48 29.00 30.59 32.28
0261 *Property and Evidence Supervisor MEA261 30.11 31.76 33.50 35.35 37.29
0205 Public Information Specialist MEA205 31.19 32.90 34.71 36.62 38.63
0583 Rideshare Coordinator MEA583 32.45 34.23 36.12 38.11 40.20
0256 Risk Management Specialist MEA256 23.69 25.00 26.37 27.82 29.36
0515 SCADA Coordinator MEA515 33.43 35.27 37.21 39.25 41.41
0346 SCADA Technician MEA346 29.65 31.28 33.01 34.83 36.74
0110 Senior Accountant MEA110 36.56 38.57 40.70 42.94 45.30
0288 Senior Accounting Technician MEA288 26.71 28.18 29.73 31.36 33.08
0434 Senior Code Enforcement Ofcr MEA434 34.12 35.99 37.97 40.05 42.26
0171 Senior Construction Inspector MEA171 36.75 38.77 40.90 43.16 45.53
0120 Senior Criminalist MEA120 40.02 42.22 44.54 46.99 49.57
0135 Senior Deputy City Clerk MEA135 32.77 34.57 36.48 38.49 40.61
0586 Senior Engineering Technician MEA586 37.49 39.56 41.74 44.03 46.46
0343 Senior Facilities Maint Tech MEA343 28.93 30.52 32.20 33.97 35.84
0334 Senior Helicopter Maint Tech MEA334 39.82 42.01 44.32 46.75 49.33
0188 Senior Inspector Water Constr MEA188 35.13 37.07 39.11 41.26 43.53
0309 Senior Library Services Clerk MEA309 21.86 23.07 24.34 25.68 27.10
0450 Senior Library Specialist MEA450 25.93 27.36 28.86 30.45 32.12
0363 Senior Marine Equip Mechanic MEA363 34.46 36.35 38.35 40.46 42.68
0446 Senior Payroll Technician MEA446 27.11 28.60 30.18 31.84 33.59
0437 Senior Permit Technician MEA437 28.93 30.52 32.20 33.97 35.84
0168 Senior Printing Services Tech MEA168 26.45 27.90 29.43 31.05 32.75
0265 Senior Services Assistant MEA265 15.82 16.69 17.61 18.58 19.61
0481 Senior Services Transp Coord MEA481 25.29 26.68 28.15 29.69 31.32
0350 Senior Vehicle Body Technician MEA350 27.25 28.75 30.33 32.00 33.76
0349 Senior Wastewtr Pump Mechanic MEA349 25.81 27.23 28.72 30.30 31.96
0396 Senior Water Meter Reader MEA396 24.90 26.27 27.72 29.24 30.85
630
0436 Senior Workers' Comp Examiner MEA436 32.29 34.07 35.94 37.92 40.00
0148 Signs & Markings Crewleader MEA148 34.29 36.17 38.16 40.26 42.47
0338 Signs Leadworker MEA338 28.50 30.06 31.72 33.46 35.30
0354 Signs/Markings Equip Operator MEA354 25.81 27.23 28.72 30.30 31.96
0266 Social Worker MEA266 27.80 29.32 30.93 32.64 34.44
0386 Stock Clerk MEA386 20.83 21.97 23.18 24.45 25.79
0361 Street Equip Operator MEA361 25.81 27.23 28.72 30.30 31.96
0150 Street Maint Crewleader MEA150 33.43 35.27 37.21 39.25 41.41
0406 Street Maint Leadworker MEA406 29.37 30.99 32.69 34.49 36.38
0183 Survey Party Chief MEA183 37.68 39.76 41.95 44.26 46.69
0174 Survey Technician I MEA174 26.31 27.76 29.28 30.89 32.59
0185 Survey Technician II MEA185 28.50 30.06 31.72 33.46 35.30
0195 Telecommunications Specialist MEA195 37.87 39.96 42.16 44.48 46.92
0203 Television Producer/Director MEA203 31.19 32.90 34.71 36.62 38.63
0433 Theater/Media Technician MEA433 23.69 25.00 26.37 27.82 29.36
0388 Tire Service Worker (T) MEA388 23.81 25.12 26.51 27.97 29.50
0181 Traffic Engineering Technician MEA181 34.29 36.17 38.16 40.26 42.47
0389 Traffic Maint Service Worker MEA389 23.69 25.00 26.37 27.82 29.36
0410 Traffic Markings Leadworker MEA410 27.94 29.47 31.09 32.81 34.60
0336 Traffic Signal Electrician MEA336 30.88 32.57 34.36 36.26 38.25
0140 Traffic Signal/Light Crewleadr MEA140 34.29 36.17 38.16 40.26 42.47
0365 Tree Equipment Operator MEA365 25.81 27.23 28.72 30.30 31.96
0144 Trees Maintenance Crewleader MEA144 33.43 35.27 37.21 39.25 41.41
0460 Trees Maintenance Leadworker MEA460 27.94 29.47 31.09 32.81 34.60
0372 Vehicle Body Repair Crewleader MEA372 31.33 33.06 34.88 36.80 38.82
0351 Vehicle Body Technician MEA351 20.91 22.06 23.28 24.56 25.92
0480 Video Engineer MEA480 26.31 27.76 29.28 30.89 32.59
0137 Video Engineer Supervisor MEA137 35.67 37.63 39.71 41.89 44.19
0268 Volunteer Services Coordinator MEA268 25.29 26.68 28.15 29.69 31.32
0385 Warehousekeeper MEA385 26.31 27.76 29.28 30.89 32.59
0362 Wastewater Equip Operator MEA362 25.81 27.23 28.72 30.30 31.96
0454 Wastewater Maint Service Workr MEA454 23.69 25.00 26.37 27.82 29.36
0146 Wastewater Ops Crewleader MEA146 33.43 35.27 37.21 39.25 41.41
0404 Wastewater Ops Leadworker MEA404 27.94 29.47 31.09 32.81 34.60
631
0387 Wastewater Pump Mechanic MEA387 25.14 26.53 27.99 29.54 31.17
0582 Water Conservation Coordinator MEA582 32.45 34.23 36.12 38.11 40.20
0189 Water Construction Inspector MEA189 31.04 32.74 34.54 36.44 38.44
0151 Water Dist Maint Crewleader MEA151 33.43 35.27 37.21 39.25 41.41
0379 Water Dist Maint Leadworker MEA379 30.26 31.92 33.67 35.53 37.48
0147 Water Dist Meters Crewleader MEA147 33.43 35.27 37.21 39.25 41.41
0377 Water Dist Meters Leadworker MEA377 27.94 29.47 31.09 32.81 34.60
0364 Water Equip Operator MEA364 27.94 29.47 31.09 32.81 34.60
0397 Water Meter Reader MEA397 23.00 24.26 25.59 27.00 28.48
0356 Water Meter Repair Technician MEA356 25.67 27.08 28.57 30.14 31.80
0152 Water Operations Crewleader MEA152 33.43 35.27 37.21 39.25 41.41
0371 Water Operations Leadworker MEA371 31.19 32.90 34.71 36.62 38.63
0156 Water Quality Coordinator MEA156 33.43 35.27 37.21 39.25 41.41
0191 Water Quality Technician MEA191 29.37 30.99 32.69 34.49 36.38
0461 Water Service Worker MEA461 24.41 25.76 27.18 28.67 30.24
0368 Water Systems Technician I MEA368 24.41 25.76 27.18 28.67 30.24
0369 Water Systems Technician II MEA369 26.05 27.48 29.00 30.59 32.28
0370 Water Systems Technician III MEA370 28.77 30.36 32.03 33.80 35.66
0449 Water Utility Locator MEA449 29.37 30.99 32.69 34.49 36.38
0202 Workers Comp Claims Examiner MEA202 21.43 22.60 23.85 25.17 26.55
*10/19/15 Modifications to Class Plan Approved by Personnel Commission
632
2% EFFECTIVE SEPTEMBER 24, 2016
HOURLY WAGE PAY RATE
Job
type Description PayGrade A B C D E
0111 Accountant MEA111 32.45 34.23 36.11 38.09 40.19
0286 Accounting Technician I MEA286 22.54 23.78 25.09 26.47 27.92
0287 Accounting Technician II MEA287 24.78 26.14 27.58 29.10 30.70
0294 Accounting Technician Supv MEA294 28.64 30.21 31.88 33.62 35.47
0428 Administrative Aide MEA428 31.81 33.56 35.40 37.35 39.40
0278 Administrative Assistant MEA278 28.08 29.62 31.25 32.97 34.78
0289 Administrative Secretary MEA289 23.92 25.24 26.63 28.10 29.64
0297 Art Programs Curator MEA297 28.36 29.91 31.55 33.29 35.12
0108 Assistant Planner MEA108 33.27 35.09 37.02 39.06 41.21
0267 Assistant Social Worker MEA267 23.11 24.38 25.72 27.14 28.63
0358 Beach Equip Operator MEA358 26.33 27.77 29.30 30.90 32.60
0149 Beach Maint Crewleader MEA149 34.10 35.98 37.95 40.04 42.24
0452 Beach Maint Service Worker MEA452 24.17 25.50 26.90 28.38 29.94
0210 Building Inspector I MEA210 30.71 32.39 34.17 36.05 38.04
0211 Building Inspector II MEA211 33.94 35.80 37.77 39.84 42.03
0208 Building Inspector III MEA208 37.49 39.55 41.72 44.02 46.44
0176 Building Plan Checker I MEA176 36.94 38.97 41.11 43.37 45.76
0520 Building Plan Checker II MEA520 42.89 45.25 47.74 50.37 53.14
0112 Buyer MEA112 31.96 33.72 35.58 37.53 39.59
0106 Civil Engineering Assistant MEA106 37.86 39.94 42.14 44.46 46.91
0162 Civilian Check Investigator MEA162 25.40 26.79 28.27 29.82 31.46
0186 Code Enforcement Officer I MEA186 25.53 26.93 28.41 29.98 31.63
0182 Code Enforcement Officer II MEA182 31.50 33.22 35.05 36.98 39.01
0511 Code Enforcement Technician MEA511 21.24 22.41 23.64 24.93 26.31
0263 Community Relations Specialist MEA263 26.83 28.31 29.87 31.51 33.25
0597 Community Services Officer MEA597 27.51 29.03 30.62 32.31 34.09
0269 Community Srvcs Rec Specialist MEA269 24.17 25.50 26.90 28.38 29.94
0258 Community Srvcs Rec Supv MEA258 33.43 35.26 37.21 39.26 41.42
0172 Construction Inspector I MEA172 30.71 32.39 34.17 36.05 38.04
0463 Construction Inspector II MEA463 33.94 35.80 37.77 39.84 42.03
633
0312 Court Liaison Specialist MEA312 23.92 25.24 26.63 28.10 29.64
0166 Crime Analyst MEA166 31.81 33.56 35.40 37.35 39.40
0165 Crime Analyst Senior MEA165 37.11 39.15 41.31 43.59 45.98
0255 Crime Scene Investigator MEA255 29.95 31.61 33.34 35.18 37.11
0119 Criminalist MEA119 33.43 35.26 37.21 39.26 41.42
0192 Cross Connection Control Spec MEA192 31.50 33.22 35.05 36.98 39.01
0400 Custodian MEA400 21.76 22.96 24.22 25.55 26.95
0134 Deputy City Clerk MEA134 26.19 27.62 29.14 30.74 32.44
0138 Development Specialist MEA138 33.43 35.26 37.21 39.26 41.42
0339 Electrician MEA339 31.01 32.72 34.52 36.42 38.43
0232 Emergency Medical Srvcs Coord MEA232 47.40 50.00 52.75 55.65 58.72
0198 Emergency Services Coordinator MEA198 40.82 43.07 45.43 47.93 50.56
0175 Engineering Aide MEA175 26.83 28.31 29.87 31.51 33.25
0180 Engineering Technician MEA180 32.93 34.75 36.66 38.68 40.80
0445 Environmental Specialist MEA445 37.86 39.94 42.14 44.46 46.91
0382 Equip Services Crewleader MEA382 35.15 37.08 39.12 41.27 43.53
0142 Equip/Auto Maint Crewleader MEA142 35.15 37.08 39.12 41.27 43.53
0472 Equip/Auto Maint Leadworker MEA472 31.96 33.72 35.58 37.53 39.59
0383 Equipment Support Assistant MEA383 24.90 26.27 27.72 29.24 30.85
0061 Executive Assistant MEA061 32.29 34.06 35.92 37.90 39.98
0143 Facilities Maint Crewleader MEA143 34.97 36.89 38.92 41.06 43.32
0407 Facilities Maint Leadworker MEA407 27.24 28.74 30.32 31.98 33.74
0391 Facilities Maintenance Tech MEA391 25.15 26.53 27.99 29.53 31.15
0398 Field Service Representative MEA398 25.93 27.35 28.85 30.44 32.11
0588 Fire Prevention Inspector MEA588 38.44 40.55 42.79 45.14 47.62
0260 Fire Safety Program Specialist MEA260 32.45 34.23 36.11 38.09 40.19
0173 Fire Training Maintenance Tech MEA173 29.81 31.45 33.18 35.01 36.93
0470 Forensic Systems Specialist MEA470 35.84 37.81 39.90 42.09 44.40
0576 GIS Analyst I MEA576 36.57 38.58 40.70 42.94 45.30
0178 GIS Analyst II MEA178 39.60 41.78 44.08 46.51 49.07
0190 Haz Mat Program Specialist MEA190 36.20 38.19 40.29 42.51 44.85
0337 Helicopter Maintenance Tech MEA337 29.35 30.97 32.67 34.48 36.38
0115 Info Systems Analyst I MEA115 36.57 38.58 40.70 42.94 45.30
0505 Info Systems Analyst II MEA505 39.60 41.78 44.08 46.51 49.07
634
0117 Info Systems Analyst III MEA117 42.27 44.59 47.04 49.63 52.36
0118 Info Systems Analyst IV MEA118 46.46 49.02 51.71 54.55 57.55
0495 Info Systems Technician I MEA495 22.78 24.03 25.34 26.74 28.21
0494 Info Systems Technician II MEA494 25.65 27.06 28.55 30.13 31.79
0493 Info Systems Technician III MEA493 28.77 30.35 32.03 33.79 35.64
0492 Info Systems Technician IV MEA492 31.81 33.56 35.40 37.35 39.40
0491 Info Systems Technician Senior MEA491 34.10 35.98 37.95 40.04 42.24
0155 Irrigation Crewleader MEA155 34.10 35.98 37.95 40.04 42.24
0359 Landscape Equip Operator MEA359 26.33 27.77 29.30 30.90 32.60
0145 Landscape Maint Crewleader MEA145 34.10 35.98 37.95 40.04 42.24
0402 Landscape Maint Leadworker MEA402 28.50 30.06 31.71 33.46 35.30
0163 Latent Fingerprint Examiner MEA163 32.11 33.88 35.75 37.71 39.79
0300 Legal Assistant MEA300 26.83 28.31 29.87 31.51 33.25
0114 Librarian MEA114 29.07 30.67 32.35 34.13 36.01
0432 Library Facilities Coordinator MEA432 26.19 27.62 29.14 30.74 32.44
0451 Library Services Clerk MEA451 20.30 21.42 22.59 23.83 25.14
0257 Library Specialist MEA257 24.17 25.50 26.90 28.38 29.94
0302 Literacy Program Specialist MEA302 29.07 30.67 32.35 34.13 36.01
0392 Maint Service Worker MEA392 24.17 25.50 26.90 28.38 29.94
0394 Maintenance Worker MEA394 21.24 22.41 23.64 24.93 26.31
0448 Marine Equipment Mechanic MEA448 31.66 33.40 35.23 37.16 39.20
0384 Mechanic I MEA384 25.02 26.39 27.85 29.38 31.00
0348 Mechanic II MEA348 27.79 29.33 30.94 32.64 34.43
0347 Mechanic III MEA347 29.51 31.13 32.85 34.65 36.56
0380 Media Services Specialist MEA380 24.17 25.50 26.90 28.38 29.94
0306 Office Assistant I MEA306 17.22 18.17 19.17 20.23 21.34
0304 Office Assistant II MEA304 20.71 21.86 23.06 24.32 25.66
0290 Office Specialist MEA290 21.86 23.06 24.33 25.67 27.08
0378 Painter Leadworker MEA378 31.16 32.88 34.69 36.60 38.62
0153 Park Maintenance Crewleader MEA153 34.97 36.89 38.92 41.06 43.32
0177 Parking Meter Repair Tech MEA177 27.79 29.33 30.94 32.64 34.43
0395 Parking Meter Repair Worker MEA395 25.65 27.06 28.55 30.13 31.79
0570 Parking/Camping Assistant MEA570 21.24 22.41 23.64 24.93 26.31
0459 Parking/Camping Crewleader MEA459 34.10 35.98 37.95 40.04 42.24
635
0401 Parking/Camping Leadworker MEA401 28.50 30.06 31.71 33.46 35.30
0455 Parking/Traffic Control Coord MEA455 26.83 28.31 29.87 31.51 33.25
0262 Parking/Traffic Control Officr MEA262 21.24 22.41 23.64 24.93 26.31
0577 Parking/Traffic Control Supv MEA577 28.64 30.21 31.88 33.62 35.47
0458 Payroll Specialist MEA458 37.29 39.34 41.51 43.80 46.21
0447 Payroll Technician MEA447 25.15 26.53 27.99 29.53 31.15
0295 Permit Technician MEA295 23.11 24.38 25.72 27.14 28.63
0279 Personnel Assistant MEA279 24.43 25.77 27.18 28.67 30.25
0367 Pest Control Specialist MEA367 25.53 26.93 28.41 29.98 31.63
0136 Planning Aide MEA136 26.83 28.31 29.87 31.51 33.25
0342 Plumber MEA342 30.25 31.91 33.67 35.52 37.48
0197 Police Photo/Imaging Specialist MEA197 29.81 31.45 33.18 35.01 36.93
0307 Police Records Specialist MEA307 21.86 23.06 24.33 25.67 27.08
0283 Police Records Supervisor MEA283 25.53 26.93 28.41 29.98 31.63
0282 Police Records Technician MEA282 19.81 20.90 22.04 23.25 24.52
0308 Police Services Specialist MEA308 24.17 25.50 26.90 28.38 29.94
0215 Police Systems Coordinator MEA215 28.21 29.76 31.40 33.13 34.95
0584 Program Coord - Human Srvcs MEA584 29.81 31.45 33.18 35.01 36.93
0259 *Property and Evidence Officer MEA259 26.58 28.03 29.58 31.21 32.92
0261 *Property and Evidence Supervisor MEA261 30.71 32.40 34.17 36.06 38.04
0583 Rideshare Coordinator MEA583 33.09 34.92 36.84 38.87 41.01
0256 Risk Management Specialist MEA256 24.17 25.50 26.90 28.38 29.94
0515 SCADA Coordinator MEA515 34.10 35.98 37.95 40.04 42.24
0346 SCADA Technician MEA346 30.25 31.91 33.67 35.52 37.48
0110 Senior Accountant MEA110 37.29 39.34 41.51 43.80 46.21
0288 Senior Accounting Technician MEA288 27.24 28.74 30.32 31.98 33.74
0434 Senior Code Enforcement Officer MEA434 34.80 36.71 38.73 40.86 43.10
0171 Senior Construction Inspector MEA171 37.49 39.55 41.72 44.02 46.44
0135 Senior Deputy City Clerk MEA135 33.43 35.26 37.21 39.26 41.42
0586 Senior Engineering Technician MEA586 38.24 40.35 42.57 44.91 47.39
0343 Senior Facilities Maint Tech MEA343 29.51 31.13 32.85 34.65 36.56
0334 Senior Helicopter Maint Tech MEA334 40.62 42.85 45.21 47.69 50.31
0450 Senior Library Specialist MEA450 26.45 27.90 29.44 31.05 32.76
0363 Senior Marine Equip Mechanic MEA363 35.15 37.08 39.12 41.27 43.53
636
0446 Senior Payroll Technician MEA446 27.65 29.18 30.78 32.48 34.26
0437 Senior Permit Technician MEA437 29.51 31.13 32.85 34.65 36.56
0265 Senior Services Assistant MEA265 16.14 17.02 17.96 18.95 20.00
0481 Senior Services Transp Coord MEA481 25.80 27.21 28.71 30.29 31.95
0349 Senior Wastewtr Pump Mechanic MEA349 26.33 27.77 29.30 30.90 32.60
0396 Senior Water Meter Reader MEA396 25.40 26.79 28.27 29.82 31.46
0148 Signs & Markings Crewleader MEA148 34.97 36.89 38.92 41.06 43.32
0338 Signs Leadworker MEA338 29.07 30.67 32.35 34.13 36.01
0354 Signs/Markings Equip Operator MEA354 26.33 27.77 29.30 30.90 32.60
0266 Social Worker MEA266 28.36 29.91 31.55 33.29 35.12
0386 Stock Clerk MEA386 21.24 22.41 23.64 24.93 26.31
0361 Street Equip Operator MEA361 26.33 27.77 29.30 30.90 32.60
0150 Street Maint Crewleader MEA150 34.10 35.98 37.95 40.04 42.24
0406 Street Maint Leadworker MEA406 29.95 31.61 33.34 35.18 37.11
0183 Survey Party Chief MEA183 38.44 40.55 42.79 45.14 47.62
0174 Survey Technician I MEA174 26.83 28.31 29.87 31.51 33.25
0185 Survey Technician II MEA185 29.07 30.67 32.35 34.13 36.01
0195 Telecommunications Specialist MEA195 38.63 40.76 43.00 45.37 47.86
0181 Traffic Engineering Technician MEA181 34.97 36.89 38.92 41.06 43.32
0389 Traffic Maint Service Worker MEA389 24.17 25.50 26.90 28.38 29.94
0410 Traffic Markings Leadworker MEA410 28.50 30.06 31.71 33.46 35.30
0336 Traffic Signal Electrician MEA336 31.50 33.22 35.05 36.98 39.01
0140 Traffic Signal/Light Crewleadr MEA140 34.97 36.89 38.92 41.06 43.32
0365 Tree Equipment Operator MEA365 26.33 27.77 29.30 30.90 32.60
0144 Trees Maintenance Crewleader MEA144 34.10 35.98 37.95 40.04 42.24
0460 Trees Maintenance Leadworker MEA460 28.50 30.06 31.71 33.46 35.30
0268 Volunteer Services Coordinator MEA268 25.80 27.21 28.71 30.29 31.95
0385 Warehousekeeper MEA385 26.83 28.31 29.87 31.51 33.25
0362 Wastewater Equip Operator MEA362 26.33 27.77 29.30 30.90 32.60
0454 Wastewater Maint Service Workr MEA454 24.17 25.50 26.90 28.38 29.94
0146 Wastewater Ops Crewleader MEA146 34.10 35.98 37.95 40.04 42.24
0404 Wastewater Ops Leadworker MEA404 28.50 30.06 31.71 33.46 35.30
0387 Wastewater Pump Mechanic MEA387 25.65 27.06 28.55 30.13 31.79
0582 Water Conservation Coordinator MEA582 33.09 34.92 36.84 38.87 41.01
637
0151 Water Dist Maint Crewleader MEA151 34.10 35.98 37.95 40.04 42.24
0379 Water Dist Maint Leadworker MEA379 30.86 32.56 34.35 36.24 38.23
0147 Water Dist Meters Crewleader MEA147 34.10 35.98 37.95 40.04 42.24
0377 Water Dist Meters Leadworker MEA377 28.50 30.06 31.71 33.46 35.30
0364 Water Equip Operator MEA364 28.50 30.06 31.71 33.46 35.30
0397 Water Meter Reader MEA397 23.46 24.74 26.10 27.54 29.05
0356 Water Meter Repair Technician MEA356 26.19 27.62 29.14 30.74 32.44
0152 Water Operations Crewleader MEA152 34.10 35.98 37.95 40.04 42.24
0371 Water Operations Leadworker MEA371 31.81 33.56 35.40 37.35 39.40
0156 Water Quality Coordinator MEA156 34.10 35.98 37.95 40.04 42.24
0191 Water Quality Technician MEA191 29.95 31.61 33.34 35.18 37.11
0461 Water Service Worker MEA461 24.90 26.27 27.72 29.24 30.85
0368 Water Systems Technician I MEA368 24.90 26.27 27.72 29.24 30.85
0369 Water Systems Technician II MEA369 26.58 28.03 29.58 31.21 32.92
0370 Water Systems Technician III MEA370 29.35 30.97 32.67 34.48 36.38
0449 Water Utility Locator MEA449 29.95 31.61 33.34 35.18 37.11
2.0% Effective September 24, 2016
CLASS PLAN MODIFICATIONS:
*Modified 8/07/17; **Modified 11/06/17; ***Modified 01/16/18
Job
type Description Pay
Grade A B C D E
0111 Accountant MEA111 32.45 34.23 36.11 38.09 40.19
0286 Accounting Technician I MEA286 22.54 23.78 25.09 26.47 27.92
0287 Accounting Technician II MEA287 24.78 26.14 27.58 29.10 30.70
0294 Accounting Technician Supv MEA294 28.64 30.21 31.88 33.62 35.47
0428 Administrative Aide MEA428 31.81 33.56 35.40 37.35 39.40
0278 Administrative Assistant MEA278 28.08 29.62 31.25 32.97 34.78
0289 Administrative Secretary MEA289 23.92 25.24 26.63 28.10 29.64
0297 Art Programs Curator MEA297 28.36 29.91 31.55 33.29 35.12
0698 **Assistant Civil Engineer MEA698 32.45 34.23 36.11 38.09 40.19
0108 Assistant Planner MEA108 33.27 35.09 37.02 39.06 41.21
638
0267 Assistant Social Worker MEA267 23.11 24.38 25.72 27.14 28.63
0358 Beach Equip Operator MEA358 26.33 27.77 29.30 30.90 32.60
0149 Beach Maint Crewleader MEA149 34.10 35.98 37.95 40.04 42.24
0452 Beach Maint Service Worker MEA452 24.17 25.50 26.90 28.38 29.94
0210 Building Inspector I MEA210 30.71 32.39 34.17 36.05 38.04
0211 Building Inspector II MEA211 33.94 35.80 37.77 39.84 42.03
0208 Building Inspector III MEA208 37.49 39.55 41.72 44.02 46.44
0176 Building Plan Checker I MEA176 36.94 38.97 41.11 43.37 45.76
0520 Building Plan Checker II MEA520 42.89 45.25 47.74 50.37 53.14
0366 ***Business License Supervisor MEA366 33.43 35.26 37.21 39.26 41.42
0112 Buyer MEA112 31.96 33.72 35.58 37.53 39.59
0106 Civil Engineering Assistant MEA106 37.86 39.94 42.14 44.46 46.91
0162 Civilian Check Investigator MEA162 25.40 26.79 28.27 29.82 31.46
0186 Code Enforcement Officer I MEA186 25.53 26.93 28.41 29.98 31.63
0182 Code Enforcement Officer II MEA182 31.50 33.22 35.05 36.98 39.01
0511 Code Enforcement Technician MEA511 21.24 22.41 23.64 24.93 26.31
0263 Community Relations Specialist MEA263 26.83 28.31 29.87 31.51 33.25
0597 Community Services Officer MEA597 27.51 29.03 30.62 32.31 34.09
0269 Community Srvcs Rec Specialist MEA269 24.17 25.50 26.90 28.38 29.94
0258 Community Srvcs Rec Supv MEA258 33.43 35.26 37.21 39.26 41.42
0172 Construction Inspector I MEA172 30.71 32.39 34.17 36.05 38.04
0463 Construction Inspector II MEA463 33.94 35.80 37.77 39.84 42.03
0312 Court Liaison Specialist MEA312 23.92 25.24 26.63 28.10 29.64
0166 Crime Analyst MEA166 31.81 33.56 35.40 37.35 39.40
0165 Crime Analyst Senior MEA165 37.11 39.15 41.31 43.59 45.98
0255 Crime Scene Investigator MEA255 29.95 31.61 33.34 35.18 37.11
0119 Criminalist MEA119 33.43 35.26 37.21 39.26 41.42
0192 Cross Connection Control Spec MEA192 31.50 33.22 35.05 36.98 39.01
0400 Custodian MEA400 21.76 22.96 24.22 25.55 26.95
0134 Deputy City Clerk MEA134 26.19 27.62 29.14 30.74 32.44
639
0138 Development Specialist MEA138 33.43 35.26 37.21 39.26 41.42
0339 Electrician MEA339 31.01 32.72 34.52 36.42 38.43
0232 Emergency Medical Srvcs Coord MEA232 47.40 50.00 52.75 55.65 58.72
0198 Emergency Services Coordinator MEA198 40.82 43.07 45.43 47.93 50.56
0175 Engineering Aide MEA175 26.83 28.31 29.87 31.51 33.25
0180 Engineering Technician MEA180 32.93 34.75 36.66 38.68 40.80
0445 Environmental Specialist MEA445 37.86 39.94 42.14 44.46 46.91
0382 Equip Services Crewleader MEA382 35.15 37.08 39.12 41.27 43.53
0142 Equip/Auto Maint Crewleader MEA142 35.15 37.08 39.12 41.27 43.53
0472 Equip/Auto Maint Leadworker MEA472 31.96 33.72 35.58 37.53 39.59
0383 Equipment Support Assistant MEA383 24.90 26.27 27.72 29.24 30.85
0061 Executive Assistant MEA061 32.29 34.06 35.92 37.90 39.98
0143 Facilities Maint Crewleader MEA143 34.97 36.89 38.92 41.06 43.32
0407 Facilities Maint Leadworker MEA407 27.24 28.74 30.32 31.98 33.74
0391 Facilities Maintenance Tech MEA391 25.15 26.53 27.99 29.53 31.15
0398 Field Service Representative MEA398 25.93 27.35 28.85 30.44 32.11
0588 Fire Prevention Inspector MEA588 38.44 40.55 42.79 45.14 47.62
0260 Fire Safety Program Specialist MEA260 32.45 34.23 36.11 38.09 40.19
0173 Fire Training Maintenance Tech MEA173 29.81 31.45 33.18 35.01 36.93
0470 Forensic Systems Specialist MEA470 35.84 37.81 39.90 42.09 44.40
0576 GIS Analyst I MEA576 36.57 38.58 40.70 42.94 45.30
0178 GIS Analyst II MEA178 39.60 41.78 44.08 46.51 49.07
0190 Haz Mat Program Specialist MEA190 36.20 38.19 40.29 42.51 44.85
0337 Helicopter Maintenance Tech MEA337 29.35 30.97 32.67 34.48 36.38
0115 *Info Systems Technology Analyst I MEA115 36.57 38.58 40.70 42.94 45.30
0505 *Info Systems Technology Analyst II MEA505 39.60 41.78 44.08 46.51 49.07
0117 *Info Systems Technology Analyst III MEA117 42.27 44.59 47.04 49.63 52.36
0118 *Info Systems Technology Analyst IV MEA118 46.46 49.02 51.71 54.55 57.55
0495 *Info Systems Technology Technician I MEA495 22.78 24.03 25.34 26.74 28.21
0494
*Info Systems Technology Technician
II MEA494 25.65 27.06 28.55 30.13 31.79
640
0493
*Info Systems Technology Technician
III MEA493 28.77 30.35 32.03 33.79 35.64
0492
*Info Systems Technology Technician
IV MEA492 31.81 33.56 35.40 37.35 39.40
0491
*Info Systems Technology Technician
Sr. MEA491 34.10 35.98 37.95 40.04 42.24
0155 Irrigation Crewleader MEA155 34.10 35.98 37.95 40.04 42.24
0357 Irrigation Specialist MEA357 25.53 26.93 28.41 29.98 31.63
0359 Landscape Equip Operator MEA359 26.33 27.77 29.30 30.90 32.60
0145 Landscape Maint Crewleader MEA145 34.10 35.98 37.95 40.04 42.24
0402 Landscape Maint Leadworker MEA402 28.50 30.06 31.71 33.46 35.30
0163 Latent Fingerprint Examiner MEA163 32.11 33.88 35.75 37.71 39.79
0300 Legal Assistant MEA300 26.83 28.31 29.87 31.51 33.25
0114 Librarian MEA114 29.07 30.67 32.35 34.13 36.01
0432 Library Facilities Coordinator MEA432 26.19 27.62 29.14 30.74 32.44
0451 Library Services Clerk MEA451 20.30 21.42 22.59 23.83 25.14
0257 Library Specialist MEA257 24.17 25.50 26.90 28.38 29.94
0302 Literacy Program Specialist MEA302 29.07 30.67 32.35 34.13 36.01
0392 Maint Service Worker MEA392 24.17 25.50 26.90 28.38 29.94
0394 Maintenance Worker MEA394 21.24 22.41 23.64 24.93 26.31
0448 Marine Equipment Mechanic MEA448 31.66 33.40 35.23 37.16 39.20
0384 Mechanic I MEA384 25.02 26.39 27.85 29.38 31.00
0348 Mechanic II MEA348 27.79 29.33 30.94 32.64 34.43
0347 Mechanic III MEA347 29.51 31.13 32.85 34.65 36.56
0380 Media Services Specialist MEA380 24.17 25.50 26.90 28.38 29.94
0306 Office Assistant I MEA306 17.22 18.17 19.17 20.23 21.34
0304 Office Assistant II MEA304 20.71 21.86 23.06 24.32 25.66
0290 Office Specialist MEA290 21.86 23.06 24.33 25.67 27.08
0378 Painter Leadworker MEA378 31.16 32.88 34.69 36.60 38.62
0153 Park Maintenance Crewleader MEA153 34.97 36.89 38.92 41.06 43.32
0177 Parking Meter Repair Tech MEA177 27.79 29.33 30.94 32.64 34.43
0395 Parking Meter Repair Worker MEA395 25.65 27.06 28.55 30.13 31.79
641
0570 Parking/Camping Assistant MEA570 21.24 22.41 23.64 24.93 26.31
0459 Parking/Camping Crewleader MEA459 34.10 35.98 37.95 40.04 42.24
0401 Parking/Camping Leadworker MEA401 28.50 30.06 31.71 33.46 35.30
0455 Parking/Traffic Control Coord MEA455 26.83 28.31 29.87 31.51 33.25
0262 Parking/Traffic Control Officr MEA262 21.24 22.41 23.64 24.93 26.31
0577 Parking/Traffic Control Supv MEA577 28.64 30.21 31.88 33.62 35.47
0458 Payroll Specialist MEA458 37.29 39.34 41.51 43.80 46.21
0447 Payroll Technician MEA447 25.15 26.53 27.99 29.53 31.15
0295 Permit Technician MEA295 23.11 24.38 25.72 27.14 28.63
0279 Personnel Assistant MEA279 24.43 25.77 27.18 28.67 30.25
0367 Pest Control Specialist MEA367 25.53 26.93 28.41 29.98 31.63
0136 Planning Aide MEA136 26.83 28.31 29.87 31.51 33.25
0342 Plumber MEA342 30.25 31.91 33.67 35.52 37.48
0197 Police Photo/Imaging Specialist MEA197 29.81 31.45 33.18 35.01 36.93
0307 Police Records Specialist MEA307 21.86 23.06 24.33 25.67 27.08
0283 Police Records Supervisor MEA283 25.53 26.93 28.41 29.98 31.63
0282 Police Records Technician MEA282 19.81 20.90 22.04 23.25 24.52
0308 Police Services Specialist MEA308 24.17 25.50 26.90 28.38 29.94
0215 Police Systems Coordinator MEA215 28.21 29.76 31.40 33.13 34.95
0584 Program Coord - Human Srvcs MEA584 29.81 31.45 33.18 35.01 36.93
0259 *Property and Evidence Officer MEA259 26.58 28.03 29.58 31.21 32.92
0261 *Property and Evidence Supervisor MEA261 30.71 32.40 34.17 36.06 38.04
0583 Rideshare Coordinator MEA583 33.09 34.92 36.84 38.87 41.01
0256 Risk Management Specialist MEA256 24.17 25.50 26.90 28.38 29.94
0515 SCADA Coordinator MEA515 34.10 35.98 37.95 40.04 42.24
0346 SCADA Technician MEA346 30.25 31.91 33.67 35.52 37.48
0110 Senior Accountant MEA110 37.29 39.34 41.51 43.80 46.21
0288 Senior Accounting Technician MEA288 27.24 28.74 30.32 31.98 33.74
0434 Senior Code Enforcement Officer MEA434 34.80 36.71 38.73 40.86 43.10
0171 Senior Construction Inspector MEA171 37.49 39.55 41.72 44.02 46.44
642
0135 Senior Deputy City Clerk MEA135 33.43 35.26 37.21 39.26 41.42
0586 Senior Engineering Technician MEA586 38.24 40.35 42.57 44.91 47.39
0343 Senior Facilities Maint Tech MEA343 29.51 31.13 32.85 34.65 36.56
0334 Senior Helicopter Maint Tech MEA334 40.62 42.85 45.21 47.69 50.31
0450 Senior Library Specialist MEA450 26.45 27.90 29.44 31.05 32.76
0363 Senior Marine Equip Mechanic MEA363 35.15 37.08 39.12 41.27 43.53
0446 Senior Payroll Technician MEA446 27.65 29.18 30.78 32.48 34.26
0437 Senior Permit Technician MEA437 29.51 31.13 32.85 34.65 36.56
0265 Senior Services Assistant MEA265 16.14 17.02 17.96 18.95 20.00
0481 Senior Services Transp Coord MEA481 25.80 27.21 28.71 30.29 31.95
0709
*Senior Telecommunications
Technician MEA709 34.10 35.98 37.95 40.04 42.24
0349 Senior Wastewtr Pump Mechanic MEA349 26.33 27.77 29.30 30.90 32.60
0396 Senior Water Meter Reader MEA396 25.40 26.79 28.27 29.82 31.46
0148 Signs & Markings Crewleader MEA148 34.97 36.89 38.92 41.06 43.32
0338 Signs Leadworker MEA338 29.07 30.67 32.35 34.13 36.01
0354 Signs/Markings Equip Operator MEA354 26.33 27.77 29.30 30.90 32.60
0266 Social Worker MEA266 28.36 29.91 31.55 33.29 35.12
0386 Stock Clerk MEA386 21.24 22.41 23.64 24.93 26.31
0361 Street Equip Operator MEA361 26.33 27.77 29.30 30.90 32.60
0150 Street Maint Crewleader MEA150 34.10 35.98 37.95 40.04 42.24
0406 Street Maint Leadworker MEA406 29.95 31.61 33.34 35.18 37.11
0183 Survey Party Chief MEA183 38.44 40.55 42.79 45.14 47.62
0174 Survey Technician I MEA174 26.83 28.31 29.87 31.51 33.25
0185 Survey Technician II MEA185 29.07 30.67 32.35 34.13 36.01
0195 Telecommunications Specialist MEA195 38.63 40.76 43.00 45.37 47.86
0181 Traffic Engineering Technician MEA181 34.97 36.89 38.92 41.06 43.32
0389 Traffic Maint Service Worker MEA389 24.17 25.50 26.90 28.38 29.94
0410 Traffic Markings Leadworker MEA410 28.50 30.06 31.71 33.46 35.30
0336 Traffic Signal Electrician MEA336 31.50 33.22 35.05 36.98 39.01
0140 Traffic Signal/Light Crewleadr MEA140 34.97 36.89 38.92 41.06 43.32
643
0365 Tree Equipment Operator MEA365 26.33 27.77 29.30 30.90 32.60
0144 Trees Maintenance Crewleader MEA144 34.10 35.98 37.95 40.04 42.24
0460 Trees Maintenance Leadworker MEA460 28.50 30.06 31.71 33.46 35.30
0268 Volunteer Services Coordinator MEA268 25.80 27.21 28.71 30.29 31.95
0385 Warehousekeeper MEA385 26.83 28.31 29.87 31.51 33.25
0362 Wastewater Equip Operator MEA362 26.33 27.77 29.30 30.90 32.60
0454 Wastewater Maint Service Workr MEA454 24.17 25.50 26.90 28.38 29.94
0146 Wastewater Ops Crewleader MEA146 34.10 35.98 37.95 40.04 42.24
0404 Wastewater Ops Leadworker MEA404 28.50 30.06 31.71 33.46 35.30
0387 Wastewater Pump Mechanic MEA387 25.65 27.06 28.55 30.13 31.79
0582 Water Conservation Coordinator MEA582 33.09 34.92 36.84 38.87 41.01
0151 Water Dist Maint Crewleader MEA151 34.10 35.98 37.95 40.04 42.24
0379 Water Dist Maint Leadworker MEA379 30.86 32.56 34.35 36.24 38.23
0147 Water Dist Meters Crewleader MEA147 34.10 35.98 37.95 40.04 42.24
0377 Water Dist Meters Leadworker MEA377 28.50 30.06 31.71 33.46 35.30
0364 Water Equip Operator MEA364 28.50 30.06 31.71 33.46 35.30
0397 Water Meter Reader MEA397 23.46 24.74 26.10 27.54 29.05
0356 Water Meter Repair Technician MEA356 26.19 27.62 29.14 30.74 32.44
0152 Water Operations Crewleader MEA152 34.10 35.98 37.95 40.04 42.24
0371 Water Operations Leadworker MEA371 31.81 33.56 35.40 37.35 39.40
0156 Water Quality Coordinator MEA156 34.10 35.98 37.95 40.04 42.24
0191 Water Quality Technician MEA191 29.95 31.61 33.34 35.18 37.11
0461 Water Service Worker MEA461 24.90 26.27 27.72 29.24 30.85
0368 Water Systems Technician I MEA368 24.90 26.27 27.72 29.24 30.85
0369 Water Systems Technician II MEA369 26.58 28.03 29.58 31.21 32.92
0370 Water Systems Technician III MEA370 29.35 30.97 32.67 34.48 36.38
0449 Water Utility Locator MEA449 29.95 31.61 33.34 35.18 37.11
644
* Per Resolution 2017-37 adopted on 08/07/17 amending the titles of Information SystemsTechnician I-IV
to Information Technology Technician I - IV; Senior Information Systems Technician to Senior Information
Technology Technician; Information Systems Analyst I-IV to Information Technology Analyst I-IV; Senior
Information Systems Analyst to Senior Information Technology Analyst; and adding the new job
classification of Senior Telecommunications Technician.
** Per Resolution 2017-49 adopted on 11/06/17 the position of Assistant Civil Engineer was created.
*** Per Resolution 2018-07 adopted on 01/16/18 the position of Business License Supervisor was created.
645
UNIFORM POLICY
A. General
The City shall furnish uniforms to those employees designated by the various Department
Heads as required to wear a standard uniform for appearance, uniformity and public
recognition purposes, in the procedures and guidelines set forth hereinafter.
B. Affected Employees
All employees listed in Exhibit B-1 shall wear a standard City adopted uniform. Each
Department Head shall determine which employees must wear a uniform. The Uniform
Listing by Category/Class shall be indicated in the document attached hereto and by this
reference incorporated herein as Exhibit B-1.
C. Personal Protective Equipment (PPE)
All personal protective equipment as related to employee job duties and responsibilities
shall be provided based upon Supervisor designated need. Examples of personal
protective equipment include, but may not be limited to the following: hardhats, foul
weather gear, steel-toed rubber boots, steel-toed caps, wood heat resistant soles, special
hazard gloves, safety glasses, face shields, ear protectors and arm and shin guards. R-1
safety vests shall be furnished to all employees having occasion to work within travel ways.
D. Safety Shoes
1. Safety toe shoes or boots as each assignment dictates.
a. Two pair per year.
b. Damaged shoes shall be turned into operating Supervisor who shall
authorize replacement or repair.
2. The maximum amount to be reimbursed for a pair of safety shoes will not exceed two
hundred and twenty-five dollars ($225.00) per pair every six months or sooner, if
necessary.
3. Shoes or boots shall be purchased through designated standard outlets.
E. Employee Responsibilities
1. Wear a clean and complete uniform as required.
2. Uniform appearance shall include:
a. Patch to be worn above left shirt or jacket pocket.
b. Pants to have no cuffs.
c. Worn with pride in appearance to public (i.e., shirt buttoned, shirttail tucked in, etc).
3. Wash and provide minimum repair (i.e., buttons, small tears, etc).
646
4. Provide any alterations necessary including sewing on of City patches.
5. Wear the uniform only when on duty or performing work.
6. Notify the Supervisor of the need to replace due to disrepair or severe staining
producing an undesirable appearance.
7. Turn in all uniform components, including patches upon termination.
8. Turn in all personal protective equipment upon termination.
9. Wear all personal protective equipment prescribed by the City Safety Officer and
Supervisor of the division.
F. City Responsibilities
1. Furnish funding for the agreed uniform allowances.
2. Report to the California Public Employees Retirement System (CalPERS) the cost of
uniforms provided as set forth in Uniform Listing by Cate gory/Class, Exhibit B-1, for
each class as special compensation in accordance with Title 2, California Code of
Regulations, Section 571(a)(5). For employees that are not required to wear
uniforms on a daily basis or who are not actively employed for an entire payroll
calendar year, a prorated cost of uniforms may apply.
3. Provide and maintain one or more retail clothing outlets for the various allotments.
City reserves the right to name vendor.
4. Maintain records of purchases.
G. Department Head or Designee Responsibilities
1. Ensure employee compliance with the Uniform Policy.
2. Approve replacement of deteriorated uniform component(s) and personal protective
equipment as required and to maintain a listing for each eligible employee, by name
and class, of all uniform component(s) and personal protective equipment
purchased.
3. Confirm receipt of uniforms, patches and personal protective equipment from an
employee upon termination. A Termination Checklist Form is to be completed,
signed by the employee, and submitted to the Human Resources Office.
4. Report to the Human Resources Director any changes to the Uniform Listing by
Category/Class (Exhibit B-1). The City reserves the right to add, delete, change or
modify the Uniform Listing as required.
647
Exhibit B-1
Category of Uniform
Category of Uniform
Group 1: 5 Shirts, T-Shirts and Pants, Patches, 1 Jacket (PW/CS Field Issue),
Group 2: 1 Blue Suit, 2 Pants/ Polo Shirts, 1 Sweater, 1 Pair Shoes (Fire)
Group 3: 2 Blue Shirts, 3 Pants/Skirts, 1 (choice) Jacket/Sweater/Sweatshirt (PD)
Group 4: 2 Polo Shirts, 2 Pants or 2 Shorts, 1 Hat (CS)
Group 5:
5 Polo Shirts, 1 Jacket, 1 Windbreaker (not annually), 1 Hat (Inspection), Shoes PPE/Safety for
Inspectors only (not CalPERS reportable)
Group 6: 2 T-Shirts (CS)
Group 8: 4 Battle Dress Uniform, 4 Polo Shirts, 1 Jacket, 1 Rain suit (PD)
Group 9: 4 Blue Pants, 2 Shorts, 4 Polos or Blue Shirts,1 Jacket, 1 Rain suit (PD)
Group 10: 5 Shirts, 5 Pants, Shoes PPE/Safety not PERS reportable
Group 11: 3 Shirts, 3 Pants, Boots PPE/Safety not PERS reportable
Group 12: 5 Polo Shirts, 3 Pants, 1 Sweatshirt or Windbreaker (IS)
Uniform Listing by Category/Class*
Department Job
Type Class Category
of Uniform Notes
Comm Svcs 0358 Beach Equip Operator 1
Comm Svcs 0149 Beach Maint Crewleader 1
Comm Svcs 0452 Beach Maint Service Worker 1
Comm Svcs 0258 Community Services Recreation
Supervisor 6
Daily wear not required. Used for
special events and/or sports
leagues. Frequency of use varies -
seasonal from weekly to monthly
Comm Svcs 0269 Community Services/Recreation
Specialist 6
Daily wear not required. Special
events and/or sports leagues use
only. Frequency varies from
weekly to monthly according to
season.
Comm Svcs 0448 Marine Equipment Mechanic 1
Comm Svcs 0177 Parking Meter Repair Tech 1
Comm Svcs 0395 Parking Meter Repair Worker 1
Comm Srvc 0570 Parking/Camping Assistant 4
Comm Svcs 0459 Parking/Camping Crewleader 4
Comm Svcs 0401 Parking/Camping Leadworker 4
Comm Svcs 0363 Senior Marine Equip Mechanic 1
648
Department Job
Type Class Category
of Uniform Notes
Comm Svcs 0265 Senior Services Assistant 6 Bus Driver only
Finance
Public Works 0398 Field Services Representative 1
Fire 0232 Emergency Medical Svcs Coord 2
Fire 0198 Emergency Services Coordinator 2 Daily wear not required
Fire 0260 Fire Safety Program Specialist 2
Fire 0173 Fire Training Maintenance Tech 11
Fire 0190 Haz Mat Program Specialist 10
Information
Services 0492 Info Systems Technology Technician
IV 12 Daily wear not required
Community
Development 0210 Building Inspector I 5
Community
Development 0211 Building Inspector II 5
Community
Development 0208 Building Inspector III 5
Community
Development 0186 Code Enforcement Officer I 5
Community
Development 0182 Code Enforcement Officer II 5
Community
Development 0511 Code Enforcement Tech 5
Community
Development 0434 Senior Code Enforcement Officer 5
Police 0263 Community Relations Specialist 3 Daily wear not required
Police 0471 Community Services Officer 9
Police 0255 Crime Scene Investigator 8
Police 0337 Helicopter Maintenance Tech 1
Police 0455 Parking/Traffic Control Coordinator 9
Police 0262 Parking/Traffic Control Officer 9
Police 0577 Parking/Traffic Control Supv 9
Police 0307 Police Records Specialist 3 In Records Division only
Police 0283 Police Records Supervisor 3
Police 0282 Police Records Technician 3
Police 0308 Police Services Specialist 3 In Records Division only
Police 0215 Police Systems Coordinator 3
Police 0259 Property and Evidence Officer 9
Police 0261 Property and Evidence Supervisor 9
Police 0334 Senior Helicopter Maint Tech 1
Public Works 0172 Construction Inspector I 5
Public Works 0463 Construction Inspector II 5
Public Works 0192 Cross Connection Control Spec 5
Public Works 0339 Electrician 1
Public Works 0445 Environmental Specialist 5
Public Works 0382 Equip Services Crewleader 1
Public Works 0142 Equip/Auto Maint Crewleader 1
Public Works 0472 Equip/Auto Maint Leadworker 1
Public Works 0383 Equipment Support Assistant 1
Public Works 0407 Facilities Maint Leadworker 1
649
Department Job
Type Class Category
of Uniform Notes
Public Works 0391 Facilities Maintenance Tech 1
Public Works 0155 Irrigation Crewleader 1
Public Works 0359 Landscape Equip Operator 1
Public Works 0145 Landscape Maint Crewleader 1
Public Works 0402 Landscape Maint Leadworker 1
Public Works 0392 Maintenance Service Worker 1
Public Works 0394 Maintenance Worker 1
Public Works 0384 Mechanic I 1
Public Works 0348 Mechanic II 1
Public Works 0347 Mechanic III 1
Public Works 0378 Painter Leadworker 1
Public Works 0153 Park Maintenance Crewleader 1
Public Works 0367 Pest Control Specialist 1
Public Works 0342 Plumber 1
Public Works 0515 SCADA Coordinator 5
Public Works 0346 SCADA Technician 1
Public Works 0171 Senior Construction Inspector 5
Public Works 0343 Senior Facilities Maint Tech 1
Public Works 0350 Senior Vehicle Body Technician 1
Public Works 0349 Senior Wastewater Pump Mechanic 1
Public Works 0396 Senior Water Meter Reader 1
Public Works 0338 Signs Leadworker 1
Public Works 0148 Signs/Markings Crewleader 1
Public Works 0354 Signs/Markings Equip Operator 1
Public Works 0361 Street Equip Operator 1
Public Works 0150 Street Maint Crewleader 1
Public Works 0406 Street Maint Leadworker 1
Public Works 0183 Survey Party Chief 5
Public Works 0174 Survey Technician 5
Public Works 0185 Survey Technician II 5
Public Works 0389 Traffic Maint Service Worker 1
Public Works 0410 Traffic Markings Leadworker 1
Public Works 0336 Traffic Signals Electrician 1
Public Works 0140 Traffic Signal/Light Crewleader 1
Public Works 0365 Tree Equipment Operator 1
Public Works 0460 Trees Maint Leadworker 1
Public Works 0144 Trees Maintenance Crewleader 1
Public Works 0385 Warehousekeeper 1
Public Works 0362 Wastewater Equipment Operator 1
Public Works 0454 Wastewater Maint Service Worker 1
Public Works 0146 Wastewater Ops Crewleader 5
Public Works 0404 Wastewater Ops Leadworker 1
Public Works 0387 Wastewater Pump Mechanic 1
Public Works 0151 Water Dist Maint Crewleader 1
Public Works 0379 Water Dist Maint Leadworker 1
Public Works 0147 Water Dist Meters Crewleader 5
Public Works 0377 Water Dist Meters Leadworker 1
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Department Job
Type Class Category
of Uniform Notes
Public Works 0364 Water Equipment Operator 1
Public Works 0397 Water Meter Reader 1
Public Works 0356 Water Meter Repair Technician 1
Public Works 0152 Water Operations Crewleader 1
Public Works 0371 Water Operations Leadworker 1
Public Works 0461 Water Service Worker 1
Public Works 0368 Water Systems Technician I 1
Public Works 0369 Water Systems Technician II 1
Public Works 0370 Water Systems Technician III 1
Public Works 0449 Water Utility Locator 1
*Note: unless otherwise indicated, uniforms are required for daily wear.
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VEHICLE USE POLICY
Section 1 - Purpose
The purpose of these regulations is to establish and implement City policies and procedures relative to
the assignment, utilization and control of City-owned vehicles as transportation for employees who
engage in official City business, to establish reimbursement procedures for privately-owned vehicles
used for City business, and to clarify the City's responsibility for damage and/or liability for private
vehicles used on official City business.
Section 2 - Scope
These regulations cover the use of City and private vehicles for conducting official City business and
shall be applicable to all City departments and employees.
Section 3 - Policy
When necessary during the course of an employee's official duties, transportation or reimbursement
therefore shall be provided by the City. In the event no City vehicle is available, the employee may use
the personal vehicle with their approval of the Department Head. Employees authorized to drive either
their own or a City-owned vehicle on official business must possess a valid California Driver License for
the class of vehicle they will be operating. The transportation method authorized will be determined in
terms of the best interests of the City. The general program set forth in this regulation will be implemented
by the City Manager Office upon approval of the City Council and administered by the Department Heads
in accordance with the policies herein established. It is the responsibility of each Department Head to
enforce the provisions of this regulation as it relates to employees of his/her department.
City-owned vehicles shall only be used for official City business. City-owned vehicles shall not be driven
to and kept at the employee's home or any location other than the regular work location or Corporation
Yard, except as provided by this regulation.
Section 4 – Vehicle Use Criteria
I. Assigned Vehicles:
A. Assigned City vehicles may be taken home by employees whose residence is within ten (10)
miles of City Hall for the uses as described below:
1. Executive use includes the City Manager, Assistant City Manager and Department Heads.
2. Emergency Response Units:
a. Employees who are required to respond more than once per week on an average
without delay in order to protect the public health, safety and property.
b. Employees who are required to carry special emergency equipment in their vehicles,
which must be utilized on a regular and frequent basis. (A radio in and of itself does
not constitute special emergency equipment.)
3. Continuous use outside of regular working hours -- Employees who are called back on
an unscheduled basis to perform official city business outside of regular working hours
more than once per week on an average and who meet one of the following criteria:
a. Mileage driven on official City business exceeds an average of five hundred (500)
miles per month, or
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b. Who regularly and frequently supervises subordinates or conducts inspections in the
field, or
c. Whose duties require the employee to be away from his/her base workstation greater
than fifty percent (50%) of his/her working time, on an average.
B. City vehicles, which shall not be taken home, may be assigned based on meeting one of the
following criteria:
1. Monthly mileage driven exceeds an average of five hundred (500) miles per month and
the vehicle is used for the purpose of supervision or inspection in the field, or
2. Duties require the employee to be away from his/her workstation, greater than fifty percent
(50%) of his/her working time, on an average.
II. Reimbursement of Use of Personal Vehicle:
A. Executive Use – The City Manager, Assistant City Manager and Department Heads may,
at their option, receive the automobile allowance as established by Resolution.
B. Mileage Reimbursement -- Employees, upon authorization of their Department Head, may
use their own vehicles on official City business and shall be reimbursed at current Internal
Revenue Service (IRS) regulations while driving on official City business.
1. Employees shall submit monthly claims for reimbursement to their Department Head
2. Employees shall not be reimbursed for commuting to and from work, except that
employees who are required to attend scheduled meetings outside of normal working
hours may be reimbursed for mileage required.
Section 5 – Insurance Requirements
All privately-owned vehicles authorized to be used on official City business shall be insured by the
individual employee in the minimum amount of fifty thousand dollars ($50,000.00) public liability for any
one person and one hundred thousand dollars ($100,000.00) public liability for all persons, any one
accident. They must also be insured for twenty thousand dollars ($25,000.00) property damage and
fifteen thousand dollars ($15,000.00) for any one uninsured motorist and thirty thousand dollars
($30,000.00) for all uninsured motorists any one accident. Employee private vehicle information shall be
reviewed and updated annually by the respective departments. The record maintained should contain
the following current information.
Name of Employee Operator’s License
Insurance Company Driver’s License Expiration Date
Insurance Policy Number Insurance Expiration Date
Amount of Coverage
It shall be the Department Head's responsibility to insure that no privately owned vehicle is operated on
City business without insurance coverage and a valid operator’s license as required by this regulation.
Clarification on City Liability on Use of Private Vehicle:
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In the event of damage to private vehicles, while on City business where a third party is negligent, the
employee should collect damages (including insurance deductibles) from the third party. Where the
employee is negligent, the City cannot be held liable for damages to the automobile, but the City can be
held responsible for liability to third parties. The City shall be responsible to such employee for the first
one hundred dollars ($100.00) of comprehensive and/or collision damages suffered by such employee
to the extent that such employee's personal automobile insurance policy does not cover s uch first one
hundred dollars ($100.00) damage. The employee's insurance policy is considered as the primary
coverage, and the City liability begins after the limitations of the employee's coverage is exhausted.
In the event a City employee's personal vehicle is damaged due to accident/collision while being used
for official City business and the employee is deprived the use thereof, the City shall furnish such
employee with a vehicle during such time as is reasonably required to repair said employee's vehicle.
654
PROVISIONS OF THE RETIREE MEDICAL SUBSIDY PLAN
Employees hired on or after October 1, 2014 shall not be eligible for this benefit.
An employee who has retired from the City shall be entitled to participate in the City sponsored
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. On the date of retirement the employee has a minimum of ten (10) years of continuous full
time City service or is granted an industrial disability retirement; 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 sixty five (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 sixty five (65) under the City’s medical plans shall
be governed by applicable plan document.
2. In the event the federal government or state government mandates an employer-
funded health plan or program for retirees, or mandates that the City make
contributions toward a health plan (either private or public) for retirees, the City’s
contribution rate as set forth in this plan shall first be applied to the mandatory plan. If
there is any excess, that excess may be applied toward the City medical plan as
supplemental coverage provided the retired employee pays the balance necessary for
such coverage, if any.
3. 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 family for a period not to exceed
twelve (12) months.
SCHEDULE OF BENEFITS
D. Minimum Eligibility for Benefits - With the exception of an industrial disability retirement,
eligibility for benefits begin after an employee has completed ten (10) years of continuous
service with the City of Huntington Beach. Said service must be continuous for ten (10)
years unless prior service is reinstated at the time of his/her rehire in accordance with the
City’s Personnel Rules.
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E. Disability Retirees - Industrial disability retirees with less than ten (10) continuous years
of service shall receive a maximum monthly payment toward the premium for health
insurance of one hundred twenty one dollars ($121.00). Payments shall be in accordance
with the stipulations and conditions that exist for all retirees. Payment shall not exceed
the dollar amount that is equal to the full cost of premium for employee only.
F. Marital Status – Married unit retirees eligible for benefits under the Retiree Medical
Subsidy Plan may each receive the benefit earned pursuant to Section G – Maximum
Monthly Subsidy Payments, whether enrolled individually as the plan enrollee or whether
enrolled as a dependent on any City-sponsored medical plan.
1. In the case where a retired unit member is married to a City employee (active or retired)
outside of this bargaining unit, this provision shall remain applicable.
2. This provision shall apply to State of California registered domestic partners the same
as married spouses.
3. Upon City Council approval of this agreement, this provision shall become effective
the first day of the month following MEA open enrollment for Medical plans.
G. Maximum Monthly Subsidy Payments - All retirees, including those retired as a result of
disability whose number of continuous years of service on the date of retirement exceeds
ten (10), shall be entitled to a maximum monthly payment of premiums by the City for each
year of completed City service as follows:
Maximum Monthly Payment
For Retirements After:
Years of Service Subsidy
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
Note: The above 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
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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.
H. Medicare:
1. All persons are eligible for Medicare coverage at age sixty-five (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 sixty five
(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 sixty-five (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 sixty-five (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 sixty-five (65) is not eligible for paid Part A of Medicare and his/her
spouse who is also age sixty-five (65) is eligible for paid Part A of Medicare, the
subsidy shall be for the retiree’s Part A only.
I. Cancellation:
1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation
provisions apply:
1. Coverage for a retiree under the Retiree Medical Subsidy Plan will be eliminated
on the first day of the month in which the retiree reaches age sixty-five (65). If
such retiree was covering dependents under the Plan, dependents will be eligible
for COBRA continuation benefits effective as of the retiree’s sixty-fifth (65th)
birthday.
2. Dependent coverage will be eliminated upon whichever of the following occasions
comes first:
i. After thirty six (36) months of COBRA continuation coverage, or
ii. When the covered dependent reaches age sixty-five (65) and in the event
such dependent reaches age sixty-five (65) prior to the retiree reaching age
sixty-five (65).
3. At age sixty-five (65) retirees are eligible to make application for Medicare. Upon
being considered “eligible to make application,” whether or not application has
been made for Medicare, the Retiree Medical Subsidy Plan will be eliminated.
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2. Retiree Medical Subsidy Plan and COBRA participants shall be notified of non-payment
of premium by means of a certified letter from Human Resources in accordance with the
provisions of this Memorandum of Understanding.
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.
658
9/80 WORK SCHEDULE
This work schedule is known as the “9/80.” The 9/80 work schedule is designed to be in
compliance with the requirements of the Fair Labor Standards Act (FLSA). In the event that there
is a conflict with the current rules, practices and/or procedures regarding work schedules and
leave plans, then the rules listed below shall govern.
9/80 Work Schedule Defined
The 9/80 work schedule shall be defined as working nine (9) days for eighty (80) hours in a two
(2) week pay period by working eight (8) days at nine (9) hours per day and working one (1) day
for eight (8) hours, with a scheduled unpaid lunch break during each work shift, totaling forty (40)
hours in each FLSA workweek. The 9/80 work schedule shall not reduce service to the public,
departmental effectiveness, productivity and/or efficiency as determined by the City Manager or
designee.
A. The FLSA workweek for each employee on a 9/80 schedule shall begin and end four (4)
hours into that employee’s regularly scheduled shift on the day of the week that the
employee alternatively works an eight (8) hour shift and takes off. For example,
employees on a 9/80 schedule who are assigned to the Civic Center shall have an FLSA
workweek that starts and ends four (4) hours into the employee’s regularly scheduled shift
each Friday, as these employees may only have 9/80 schedules that provide for
alternating Fridays off with working eight (8) hour days on Fridays. Employees may only
take their lunch break on their eight (8) hour day after first having worked four (4) hours in
that shift, unless the employee receives prior approval of their Supervisor, as overtime
may occur in such situations.
B. Two (2) Week Pay Period – The pay period for employees starts Friday mid-shift (P.M.)
and continues for fourteen (14) days until Friday mid-shift (A.M.). During this period, each
week is made up of four (4) nine (9) hour workdays totaling (thirty-six (36) hours) and one
(1) four (4) hour Friday and those hours equal forty (40) work hours in each workweek
(e.g. the Friday is split into four (4) hours for the A.M. shift, which is charged to workweek
one and four (4) hours for the P.M. shift, which is charged to workweek two).
C. A/B Schedules – To continue to provide service to the public every Friday, employees on
a 9/80 schedule assigned to the Civic Center, are to be divided between two schedules,
known as the “A” schedule and the “B” schedule, based upon the departmental needs.
For identification purposes, the “A” schedule shall be known as the schedule with a day
off on the Friday in the middle of the pay period, or, “off on payday”, the “B” schedule shall
have the first Friday (P.M.) and the last Friday (A.M.) off, or “working on payday.” An
example is listed below:
AM PM AM PM AM PM
F F S S M T W Th F F S S M T W Th F F
A Schedule 4 4 - - 9 9 9 9 - - - - 9 9 9 9 4 4
B Schedule - - - - 9 9 9 9 4 4 - - 9 9 9 9 - -
D. Schedule Changes – FLSA non-exempt employees cannot change their assigned
schedules, without prior approval of their Supervisor, Department Head, and the Human
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Resources Director or designee. The purpose of this authorization is to review the impact
on overtime. FLSA exempt employees may change their schedules at the beginning of
any pay period with Supervisor and Department Head approval.
E. Emergencies – All employees on the 9/80 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 any of
said employees.
Overtime Defined
FLSA Non-Exempt Employees – All non-exempt employees under the 9/80 work schedule shall
earn overtime for all hours worked after the first forty (40) hours in their designated FLSA
workweek as required under FLSA. Employees are required to obtain Supervisor authorization
prior to working any overtime.
1. Overtime Compensation – As stated in Article IX.B.
2. Compensatory Time – As stated in Article IX.B.
Leave Benefits
When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9)
hours of eligible leave per workday shall be charged against the employee’s leave balance or
eight (8) hours shall be charged if the day off is a Friday. All leaves shall continue under the
current accrual, eligibility, request and approval requirements.
1. General Leave – As stated in Article XII.A.1.
2. Sick Leave – As stated in Article XII.A.3.
3. Bereavement Leave – As stated in Article XII.A.4.
4. Holidays
a. If a holiday falls on an FLSA non-exempt employee’s flex day off, the employee must
then take the work shift before or after the holiday off with their Supervisor and
Department Head approval. If the employee cannot take the work shift before or after
the holiday off, the employee will be credited General Leave with the number of hours
of the employee’s regularly scheduled work shift.
b. If a holiday falls on an FLSA exempt employee’s flex day off, the employee must then
take the work shift before or after the holiday off with Supervisor and Department Head
approval. FLSA exempt employees shall not be granted any Administrative/General
Leave or any added compensation for not taking a work shift off on a scheduled
holiday.
5. Jury Duty - The provisions of the Personnel Rules shall continue to apply, however, if an
FLSA exempt employee is called to serve on jury duty during a the employee’s flex day
off, Saturday or Sunday or on a City holiday, then the jury duty shall be considered the
same as having occurred during the employee’s day off from work; therefore, the
employee will receive no added compensation.
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4/10 WORK SCHEDULE
This work schedule is known as the “4/10” work schedule. The 4/10 work schedule is designed
to be in compliance with the requirements of the Fair Labor Standards Act (FLSA). In the event
that there is a conflict with the current rules, practices and/or procedures regarding work
schedules and leave plans, then the rules listed below shall govern.
4/10 Work Schedule Defined
The 4/10 work schedule shall be defined as working four (4) days for forty (40) hours in an FLSA
workweek by working four (4) days at ten (10) hours per day, plus a minimum of thirty (30) minutes
unpaid lunch during each work shift. The FLSA workweek shall be defined as Saturday 12:00:00
A.M. to Friday 11:59:59 P.M. The 4/10 work schedule shall not reduce service to the public,
departmental effectiveness, productivity and/or efficiency as determined by the City Manager or
designee.
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 any of said employees.
Overtime Defined
FLSA Non-Exempt Employees – All non-exempt employees under the 4/10 work schedule shall
earn overtime for all hours worked after the first forty (40) hours in an FLSA workweek as required
under FLSA. Employees are required to obtain Supervisor authorization prior to working any
overtime.
1. Overtime Compensation – As stated in Article IX.B.
2. Compensatory Time – As stated in - Article IX.B.
Leave Benefits
When an employee is off on a scheduled workday under the 4/10 work schedule, then ten (10)
hours of eligible leave per workday shall be charged against the employee’s leave balance. All
leaves shall continue under the current accrual, eligibility, request and approval requirements.
1. General Leave – As stated in - Article XII.A.1.
2. Sick Leave – As stated in Article XII.A.3.
3. Bereavement Leave – As stated in - Article XII.A.4.
4. Holidays
a. If a holiday falls on an FLSA non-exempt employee’s Friday off, the employee must
then take the work shift before or after the holiday off with Supervisor and
Department Head approval. If the employee cannot take the work shift before or
after the holiday off, the employee will be credited with General Leave the number
of hours of the employee’s regularly scheduled work shift.
661
b. If a holiday falls on an FLSA exempt employee’s Friday off, the employee must
then take the work shift before or after the holiday off with Supervisor and
Department Head approval. FLSA exempt employees shall not be granted any
Administrative/General Leave or any added compensation for not taking a work
shift off on a scheduled holiday.
5. Jury Duty - The provisions of the Personnel Rules shall continue to apply, however, if an
FLSA exempt employee is called to serve on jury duty during a normal Friday off, Saturday
or Sunday or on a City holiday, then the jury duty shall be considered the same as having
occurred during the employee’s day off from work; therefore, the employee will receive no
added compensation.
662
AGENCY SHOP AGREEMENT
Legislative Authority
The City of Huntington Beach (City) and the Huntington Beach Municipal Employees Association
(Association) mutually understand and agree that in accordance with State of California law, per
adoption of SB 739 (specifically, Government Code Section 3502.5), and SB 866 (Government
Code Section(s) 3550, 3551, 3552, 3553, 3555.5 and 3556) the Association will be covered by
an Agency Shop. As a result of this Agency Shop Agreement between the City and the
Association, and as a condition of continued employment, this Agency Shop Agreement hereby
requires that all bargaining unit employees represented by the Association:
1. Make the voluntary election to join the Association and pay Association Dues;
2. Or opt-out of Association membership
2. Pay an Agency Fee for representation;
3. Or with a Religious exemption, pay a fee equal to the Agency Fee to be donated to
selected charities.
The following Agency Shop Agreement will be implemented in conformity with California
Government Code Section 3502.5 and applicable law (SB 866) and will be incorporated into any
successor Memorandum of Understanding entered into between City and Association, unless
rescinded pursuant to the terms of this Agreement.
Association Dues/Agency Fee Collection
Effective July 31, 2004, Tthe City shall deduct Association Dues, Agency Fee and Religious
Exemption Fees from all employees who have signed a written authorization, and a copy of that
authorization has been provided to the Human Resources Director at least three weeks before
that date. The authorization shall indicate whether the Association Dues, Agency Fee or Religious
Exemption Fees shall to be deducted and shall be jointly developed by the City and the
Association. Employees who do not sign the written authorization, or whose written authorization
is not provided to the Human Resources Director at least three weeks before the beginning of the
pay period when deductions under this Agency Shop Agreement are to begin, shall be subject
deemed to opt-out of Association membershipthe Agency Fee deduction. Employees on leave
without pay or employees who earn a salary less than the Association deduction shall not have
Association Dues, Agency Fee, or Religious Exemption Fees deducted for that pay period.
The Agency Fee is a fee equal to direct representation costs as determined by the Association’s
certified financial report. The Association shall notify the Human Resources Director of the
amount of the Association Dues and the Agency Fee to be deducted from the unit members’
paychecks. three weeks prior to the date of the first deduction and then once per year thereafter
by September 1st, for implementation in the first full pay period beginning in October of each year.
New Hire Notification
Effective July 31, 2004, aAll new hires in the bargaining unit shall be informed by the Human
Resources Director or designee, at the time of hire, that an Agency Shop Agreement is in effect
for their classification, by providing a copy of this Agreement, the Memorandum of Understanding
and a form, mutually developed between the City and the Association that outlines the employee’s
choices under the Agency Shop Agreement. The employee shall be provided thirty (30) calendar
days from the date of hire to elect their choice and provide a signed copy of that choice to the
Human Resources Director. Deductions under this Agency Shop Agreement for new hires will
663
start with the first full payroll period beginning thirty (30) days after the new hire submits his/her
selection to the Human Resources Director. The Association may request to meet with new hires
at a time and place mutually agreed upon between the City and the Association.
Failure To Pay Dues/Fees
All unit employees who choose not to become members of the Association or resign from
Association membership shall be required to pay to the Association a representation service fee
(the Agency Fee referenced in this Agency Shop Agreement) that represents such employee's
proportionate share of the Association’s cost of legally authorized representation services on
behalf of unit employees in their relations with the City. Such Agency Fee shall in no event exceed
the regular, periodic membership dues paid by unit employees who are members of the
Association. Unit employees who change their status (from Association member to Agency Fee
payer or to Religious exemption, or vice-versa) after the effective date of this Agency Shop
Agreement shall be subject to the terms of the changed status with the first full pay period
beginning thirty (30) days or more after the employee informs the Human Resources Director of
the change in writing on a form to be jointly developed by the City and the Association.
Religious Exemption
Any employee who is a member of a religious body whose traditional tenets or teachings include
objections to joining or financially supporting employee organizations shall not be required to pay
an Agency Fee, but shall pay by means of mandatory payroll deduction an amount equal to the
Agency Fee to a non-religious, non-labor charitable organization exempt from taxation under
Section 501(c)(3) of the Internal Revenue Code. Those fees shall be remitted by the Association
to any of the non-labor, non-religious charitable organizations offered by the Association for this
purpose, at the choice of the employee.
To qualify for the Religious exemption the employee must provide to the Association a written
statement of objection, along with verifiable evidence of membership in a religious body as
described above. The City will implement the change in status, with the first full pay period
beginning thirty (30) days or more after the employee submits the appropriate form to the City to
change his/her status, unless notified by the Association in writing that the requested exemption
is not valid. The City shall not be made a party to any dispute arising relative to the determination
of Religious exemptions.
Records
The Association shall keep an adequate itemized record of its financial transactions and shall
make a written financial report thereof, in the form of a balance sheet certified as to accuracy by
its president and treasurer or corresponding principal officer, or by a certified public accountant,
available annually, to the City, to Agency Fee payers and to unit members who elect the Religious
exemption relating to this Agency Shop Agreement, within 60 days following the end of its fiscal
year.
All forms submitted by an employee to the City, or by the Association on behalf of an employee,
shall be retained by the City in the employee’s personnel file.
The Human Resources Director or designee shall provide the Association a list of all unit members
with dues paying status with each Association Dues check remitted to the Association. This list
and the Association Dues shall be submitted by the City to the Association within three weeks of
each pay period.
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Rescission Of Agreement
The Agency Shop Agreement may be rescinded at any time during the period of time that the
Association remains the exclusive bargaining agent for the unit employees by a majority vote of
all the employees in the bargaining unit. A request for such vote must be supported by a petition
containing the signatures of at least thirty percent (30%) of the employees in the unit. The election
shall be by secret ballot and conducted by California State Mediation and Conciliation and in
accordance with state law.
INDEMNIFICATION
The Association shall indemnify, defend and hold the City harmless from and against all claims
and liabilities as a result of implementing and maintaining this Agency Shop Agreement.
The City and the Association recognize the right of the employees to form, join and participate in
lawful activities of employee organizations and the equal alternative right of employees to refuse to
join or participate in employee organization activities.
During the life of this Agreement all unit members who choose to become members of the
Association shall be required to maintain their membership in the Association in good standing,
subject however, to the right to resign from membership no sooner than April 15 or later than May
15, of any year this Agreement remains in effect. Any unit member may exercise the right to resign
by submitting a written notice to the Association and to the City during the resignation period on
the Deduction Authorization/Change in Status form. The change in deductions from the
employee’s payroll will be effective with the first full pay period beginning thirty (30) days or more
after the Human Resources Director receives the employee’s written notice.
The City and the Association agree that neither shall discriminate nor retaliate against any
employee for the employee’s participation or non-participation in any Association activity.
Payroll Deduction
Effective July 31, 2004, tThe City will deduct from each paycheck of unit employees, and remit to the
Association, the normal and regular Association Dues and Agency Fees, in the timelines described
as voluntarily authorized in writing by the employee, subject to the following conditions:
1. Such deductions shall be made only upon submission of a Deduction Authorization/Change
in Status form to the Human Resources Director. Said form shall be duly completed and
signed by the employee. If no form is completed by the employee, the employee shall be
considered to have elected to opt-out subject to the Agency Fee.
2. The City shall not be obligated to put into effect any new, changed or discontinued deduction
until the first full pay period commencing thirty (30) days or longer after such submission.
Every effort will be made by the City to remit dues to the Association within three (3) weeks
of receipt. The Association agrees to indemnify and hold the City harmless against any
and all suits, claims, demands and liabilities that may arise out of, or by reason of, any
action that shall be taken by the City for the purpose of complying with this Section.
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Guidelines
1. Purpose
The purpose of the voluntary catastrophic leave donation program is to bridge employees
who have been approved leave time to either; return to work, long-term disability, or
medical retirement. Permanent employees who accrue vacation, general leave or
compensatory time may donate such leave to another permanent employee when a
catastrophic illness or injury befalls that employee or because the employee is needed to
care for a seriously ill family member. The leave-sharing Leave Donation Program is
Citywide across all departments and is intended to provide an additional benefit. Nothing
in this program is intended to change current policy and practice for use and/or accrual of
vacation, general, or sick leave.
2. Definitions
Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates
the employee or an employee's family member.
Family Member - For the purposes of this policy, the definition of family member is that
defined in the Family Medical Leave Act (child, parent, spouse or domestic partner).
3. Eligible Leave
Accrued compensatory time off, vacation or general leave hours may be donated. The
minimum donation an employee may make is two (2) hours and the maximum is forty (40)
hours.
4. Eligibility
Permanent employees who accrue vacation or general leave may donate such hours to
eligible recipients. Compensatory time off accrued may also be donated. An eligible
recipient is an employee who:
Accrues vacation or general leave;
Is not receiving disability benefits or Workers' Compensation payments; and
Requests donated leave.
5. Transfer of Leave
The maximum donation credited to a recipient's leave account shall be the amount
necessary to ensure continuation of the employee's regular salary during the employee's
period of approved catastrophic leave. Donations will be voluntary, confidential and
irrevocable. Hours donated will be converted into a dollar amount based on the hourly
wage of the donor. The dollar amount will then be converted into accrued hours based on
the recipient’s hourly wage.
An employee needing leave will complete a Leave Donation Request Form and submit it
to the Department Director for approval. The Department Director will forward the form to
Human Resources for processing. Human Resources, working with the department, will
send out the request for leave donations.
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Employees wanting to make donations will submit a Leave Donation Form to the Finance
Department (payroll).
All donation forms submitted to payroll will be date stamped and used in order received
for each bi-weekly pay period. Multiple donations will be rotated in order to insure even
use of time from donors. Any donation form submitted that is not needed will be returned
to the donor.
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Please return this form to the Human Resources Office for processing
Voluntary Catastrophic Leave Donation Program
Leave Request Form
Requestor, Please Complete
According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request
donated Vacation, Administrative Leave, General Leave or Exempt Compensatory Time.
MY SIGNATURE CERTIFIES THAT:
A Leave of absence in relation to a catastrophic illness or injury has been approved by my
Department; and
I am not receiving disability benefits or Workers' Compensation payments.
Name: (Please Print or Type: Last, First, MI)
Work Phone:
Department:
Job Title:
Employee ID#:
Requester Signature:
Date:
Department Director Signature of Support: Date:
Human Resources Department Use Only
End donation date will bridge to:
Long Term Disability
Medical Retirement beginning
Length of FMLA leave ending
Return to work
End donation date:
Human Resources Director Signature: Date signed:
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Voluntary Catastrophic Leave Donation Program
Leave Donation Form
Donor, please complete
Donor Name: (Please Print or Type: Last, First, MI)
Work Phone:
Donor Job Title:
Type of Accrued Leave:
Vacation
Compensatory Time
General Leave
Administrative Leave
Number of Hours I wish to Donate:
Hours of Vacation
Hours of Exempt Compensatory Time
Hours of General Leave
Hours of Administrative Leave
I understand that this voluntary donation of leave credits, once processed, is irrevocable;
but if not needed, the donation will be returned to me. I also understand that this donation
will remain confidential.
I wish to donate my accrued Vacation, Exempt Compensatory Time Administrative Leave or
General Leave hours to the Catastrophic Leave Donation Program for:
Eligible recipient employee's name (Last, First, MI):
Donor Signature:
Date:
Please submit to Payroll in the Finance Department.
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The Teamsters Miscellaneous Security Trust Fund contracts with the City of
Huntington Beach to provide medical benefit plan options.
Coverage for MEA employees shall begin the first of the month following
employment. The City of Huntington Beach shall remit one (1) payment of three
(3) months of medical premiums for new enrollees.
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City of Huntington Beach
File #:18-431 MEETING DATE:10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Michele Warren, Director of Human Resources
Subject:
Approve 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, 2018 through June 30, 2021
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, 2018 through June 30, 2021 .
Financial Impact:
Funding for the implementation of the fiscal items contained in the proposed Memorandum of
Understanding will come from the General Fund. The net fiscal impact over the term of the
agreement is estimated by Finance to be $55,107. Funds for FY 2018/19 have been included in the
approved budget. No additional appropriation is required.
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, 2018 through June 30, 2021.
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:
The prior HBFA MOU expired June 30, 2018. Representatives for the City and HBFA have been
involved in active labor negotiations and have successfully completed the meet and confer process
with a tentative agreement on a proposed Memorandum of Understanding (MOU) for the period of
July 1, 2018 through June 30, 2021.
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File #:18-431 MEETING DATE:10/15/2018
Highlights from the listing of tentatively agreed upon contract changes include the following:
Term of Agreement
July 1, 2018 through June 30, 2021
Retirement
HBFA members will make additional contributions towards CalPERS retirement. “Classic” members
will contribute an additional three percent (3%) above the required nine percent (9%) contribution for
a total of twelve percent (12%) employee contribution. “New” members will contribute an additional
one percent (1%) above the required eleven percent (11%) contribution for a total of twelve percent
(12%) employee contribution. The “New” member contribution percentage is subject to
change/increase due to legislative mandate requiring the contribution to equal 50% of the normal
retirement cost.
Work Schedules
The City and the Association agree to a trial period of a 48/96 work schedule.
Minimum Staffing
The City and the Association agree to the elimination of the 40 employee constant manning
requirement per work shift and agree to maintain 16 paramedics per work shift.
Medical Benefits
The City’s monthly contribution towards HBFA medical plan premiums will increase as follows upon
City Council final approval:
·Single $100
·Two Party $100
·Family $100
·Opt-Out $100
The City’s monthly contribution towards HBFA medical plan premiums will increase $100 per month,
effective July 1, 2019, and July 1, 2020. City contributions to dental and vision benefits will not
increase during the term of the agreement.
There were other appropriate modifications to a variety other provisions including, but not limited to,
modification to operational policy subject to meeting and confer, C-2 (Uniforms), D-3 (Callback
Staffing System), D-9 (Physical Fitness), and D-10 (Promotional and Open Competitive
Examinations), the deletion of obsolete language, the inclusion of regulatory (IRS) compliance
language changes regarding constructive receipt of vacation and compensatory time and, general
clean-up language.
A summary of these and all other negotiated provisions are included as Exhibit “A”.
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File #:18-431 MEETING DATE:10/15/2018
Environmental Status:
N/A
Strategic Plan Goal:
Strengthen economic and financial sustainability
Attachment(s):
1. Tentative Agreement
2. Fiscal Impact Report
3. Proposed Memorandum of Understanding - Exhibit “A”
4. PowerPoint Presentation - HBFA
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Tentative Agreement Between
The City of Huntington
and the
Huntington Beach Firefighters’ Association
October 4, 2018
Article # Subject Proposal
VI, VII, XII Policies During the term of the MOU, either side may seek to
bargain over the following policies and It does not require a
mutual agreement: C-2 (Uniforms); D-9 (Physical Fitness);
and D-10 (Promotional and Open Competitive
Examinations).
VII A Work Schedules Effective January 3, 2019, employees shall work the 48/96
work schedule.
The parties agree that the 48/96 work schedule will be in
effect for a trial period of exactly 360 days (fifteen (15)
twenty-four (24) day work periods) at which time it will
sunset unless the parties both agree to continue it. In the
90 day period prior to the expiration of the trial period, the
parties shall inform each other if they want the 48/96 work
schedule to end or continue. If both parties agree that it
should continue (and therefore become the work schedule
in effect for 24-hour shift employees) it shall continue
unless and until it is changed in the future through labor
negotiations. If either party wishes the 48/96 work
schedule to end at the end of the trial period, it shall end.
However, the parties agree to meet and discuss their
respective positions prior to terminating the schedule to try
to resolve any issues causing the desire to terminate the
schedule.
VII D2b1 Cash out of comp time The parties agree to address constructive receipt by
providing for an irrevocable election related to the cash out
of comp time.
VII H1a Minimum Staffing The parties agree to eliminate the provision that there will
be at all times, a minimum number of Firefighters,
Firefighter/Paramedics, Fire Engineers and Fire Captains.
The parties also agree that minimum staffing in the Fire
Department is set forth in Policy D-14 which is attached to
the MOU as Appendix G.
The parties also agree to modify their MOU to provide that
If the Fire Chief determines the need to convert a Truck
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Company to a PAU or Paramedic Truck Company, the
overall number of on-duty paramedics shall be no less than
16.
VIII B2 City Contribution to
Health Insurance
Effective at the beginning of the pay period following City
Council final approval of the MOU, the City will provide an
increase of $100 per employee per month for the purchase
of health insurance.
Effective on the first day of the pay period which includes
July 1, 2019, The City will provide another increase of $100
per employee per month for the purchase of health
insurance.
Effective on the first day of the pay period which includes
July 1, 2020, the City will provide another increase of
$100.00 per employee per month.
The increases for health insurance will also be provided to
the amounts provided for those who opt out of health
insurance.
IX A1b Retirement Effective the beginning of the pay period following City
Council approval of the MOU, all classic members shall pay
three percent (3%) additional compensation earnable as
employer cost sharing in accordance with Government
Code section 20516(f) – for an employee pension
contribution of twelve percent (12%). The parties agree
that this cost sharing agreement per Government Code
section 20516(f) shall continue after the expiration of this
MOU unless/until otherwise negotiated to either an
agreement (in a successor MOU) or the expiration of the
impasse process by the parties.
Effective the beginning of the pay period following City
Council approval of this MOU, all new members shall, pay
at least twelve percent (12%) of pensionable compensation
as their retirement contribution. If the required
contribution per PEPRA (half the normal cost) is less than
twelve percent (12%), employees shall pay the difference
between the required PEPRA contribution and twelve
percent (12%) as cost sharing per Government Code
section 20516(f). If the required PEPRA contribution is at
least twelve percent (12%) or more, new members will pay
the required PEPRA contribution.
X A1c Conversion of Vacation to
Cash
The parties agree to address constructive receipt by
providing for an irrevocable election related to the cash out
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of vacation.
XIV Term of MOU July 1, 2018 – June 30, 2021.
Additional MOU clean-up language is agreed to and set forth in the track changed MOU to which the
parties have agreed and will sign following Council approval of the MOU.
CITY OF HUNTINGTON BEACH
A Municipal Corporation
HUNTINGTON BEACH FIREFIGHTERS’
ASSOCIATION
By: By:
Fred A. Wilson
City Manager
Chad Stewart
HBFA President
By: By:
Peter Brown
Chief Negotiator
Stuart D. Adams
Chief Negotiator
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City of Huntington Beach DRAFTHBFA Tentative AgreementDated October 4, 2018Item #Description$ / % RateEstimated ImpactNotesTerm of MOU: July 1, 2018 to June 30, 20211 Additional CalPERS pick up for Classic Members3% (386,880) As of the June 8, 2018 payroll2 Additional CalPERS pick up for PEPRA Members1% (26,863)$ As of the June 8, 2018 payroll3 48/96 Work Schedule Trial Period33,250$ Effective January 3, 2019, sunsets after 360 days; estimated impact essentially adds 3.5 hours of overtime annually. Does not account for potential increase in backfill overtime due to increased use of leave.4.a Increase Medical Insurance Contribution100$ 145,200$ Effective on the first day of the pay period following City Council approval4.b Increase Medical Insurance Contribution100$ 145,200$ Effective July 1, 20194.c. Increase Medical Insurance Contribution100$ 145,200$ Effective July 1, 20205 Minimum Staffing: Eliminate the provision that there will be at all times, a minimum number of Firefighters, Firefighter/Paramedics, Fire Engineers and Fire Captains; Modify MOU language regarding minimum of 16 paramedics per day per shift.TOTAL BUDGET IMPACT55,107$ 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 Only680
Tentative Agreement
Memorandum of Understanding
Between
The Huntington Beach
Firefighters’ Association
And
The City of Huntington Beach
July 1, 20187 through June 30, 202118
681
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 ........................................................................................................................................................ 2
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/SPECIAL ASSIGNMENT SKILL PAY .......................................................................... 4
1. Special Certification Pay .................................................................................................................................................. 4
a. Chief Officer Certification ...................................................................................................................................... 4
b. Fire Officer Certification ........................................................................................................................................ 4
c. Chief Fire Officer Courses/Classes ......................................................................................................................... 4
d. Company Officer Courses/Classes ......................................................................................................................... 5
2. State Board of Fire Service Certification ......................................................................................................................... 5
3. Paramedic Re-certification ............................................................................................................................................... 5
4. Preceptors ......................................................................................................................................................................... 6
5. Firefighter Tiller Certification .......................................................................................................................................... 6
a. Tiller Certification .................................................................................................................................................. 6
b. Class A,B, C Driver License ................................................................................................................................... 6
c. Light Air Unit ......................................................................................................................................................... 6
6. Bilingual Skill Pay ........................................................................................................................................................... 6
7. Investigator ....................................................................................................................................................................... 7
8. Urban Search and Rescue (USAR) Team Assignment Pay ............................................................................................. 8
9. Hazardous Materials (Hazmat) Team Assignment Pay .................................................................................................... 8
10. Rank Paramedic Assignment Pay..................................................................................................................................... 8
11. Special Certification Pay .................................................................................................................................................. 8
F. HOLIDAY PAY-IN-LIEU .................................................................................................................................... 9
G. LONGEVITY PAY ............................................................................................................................................ 10
H. EMERGENCY MEDICAL TECHNICIAN PAY………………………………………………………………….. 10
I. REPORTING TO CALPERS………………………………………………………………….. ........................ 10
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 .................................................................................................................................. 11
ARTICLE VII – HOURS OF WORK/OVERTIME ............................................................................................................... 12
A. WORK SCHEDULE .......................................................................................................................................... 12
B. HOURS OF WORK - DEFINED .......................................................................................................................... 12
C. LEVEL PAY PLAN ........................................................................................................................................... 13
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1. Twenty-four (24) Hour Shift Personnel ......................................................................................................................... 13
3. Lost Time Defined ......................................................................................................................................................... 13
4. Forty (40) Hour Work Week .......................................................................................................................................... 13
5. 4/10 Work Schedule Defined ......................................................................................................................................... 13
D. OVERTIME/COMPENSATORY TIME ................................................................................................................ 14
1. Paid Overtime ................................................................................................................................................................ 14
2. Compensatory Time ....................................................................................................................................................... 14
a. Non-Exempt.......................................................................................................................................................... 15
b. Staff Personnel ...................................................................................................................................................... 15
c. Compensatory Time Paid Off ............................................................................................................................... 16
3. Callback ......................................................................................................................................................................... 16
4. Mandatory Standby ........................................................................................................................................................ 16
5. Electronic Communication Devices ............................................................................................................................... 16
6. Required Training Attendance ....................................................................................................................................... 16
7. Cancellation of Overtime ............................................................................................................................................... 17
8. Court Time ..................................................................................................................................................................... 17
9. Pay out of Rank .............................................................................................................................................................. 16
E. JURY DUTY .................................................................................................................................................... 16
F. SHIFT EXCHANGE/RELIEF .............................................................................................................................. 17
G. ASSIGNED SHIFT POLICY ............................................................................................................................... 17
H. MINIMUM STAFFING AND FILLING VACANCIES ............................................................................................ 17
1. Minimum Staffing Levels .............................................................................................................................................. 18
I. PROBATIONARY PERIOD ................................................................................................................................ 17
1. Lengthh of the Probationary Period ............................................................................................................................... 18
2. Extension of the Probationary Period ............................................................................................................................. 18
ARTICLE VIII – HEALTH AND OTHER INSURANCE BENEFITS ................................................................................ 19
A. HEALTH INSURANCE ...................................................................................................................................... 18
B. ELIGIBILITY CRITERIA AND COST ................................................................................................................. 19
1. City Paid Medical Insurance – Employee and Dependents ............................................................................................ 19
2. Employer Contribution to Health and Other Insurance Benefits .................................................................................... 18
C. PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT (PEMHCA) OPTION ......................................... 22
D. MEDICAL CASH-OUT ..................................................................................................................................... 22
E SECTION 125 PLAN ........................................................................................................................................ 22
F. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT ............................................................................... 22
1. Life ................................................................................................................................................................................. 22
2. Accidental Death and Dismemberment .......................................................................................................................... 22
G. LONG TERM DISABILITY ................................................................................................................................ 22
H. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL RETIREE SUBSIDY PLAN ........... 22
I. POST-65 SUPPLEMENTAL MEDICARE COVERAGE ......................................................................................... 23
J. MISCELLANEOUS ........................................................................................................................................... 23
ARTICLE IX – RETIREMENT ............................................................................................................................................... 23
A. BENEFITS ................................................................................................................................................... 3633
1. Public Employees’ Retirement System ...................................................................................................................... 3633
h. Reporting of Base Salary ...................................................................................................................................... 24
2. Self-Funded Supplemental Retirement Benefit .......................................................................................................... 3835
3. Medical Insurance for Retirees....................................................................................................................................... 25
B. REINSTATEMENT PRIVILEGES FOR DISABILITY RETIREES ............................................................................ 26
ARTICLE X – LEAVE BENEFITS .......................................................................................................................................... 26
A. LEAVE WITH PAY ........................................................................................................................................... 26
1. Vacation ......................................................................................................................................................................... 26
a. Accrual ................................................................................................................................................................. 26
b. Eligibility and Permission ..................................................................................................................................... 27
c. Conversion to Cash ............................................................................................................................................... 27
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d. Pay-Off at Termination ......................................................................................................................................... 28
2. Sick Leave ...................................................................................................................................................................... 28
a. Accrual ................................................................................................................................................................. 28
b. Pay-Off at Termination ......................................................................................................................................... 28
c. Utilization in Conjunction with Industrial Disability Leave ................................................................................. 28
3. Leave Benefit Entitlements ............................................................................................................................................ 28
4. Bereavement ................................................................................................................................................................... 29
5. Association Business ...................................................................................................................................................... 29
ARTICLE XI – CITY RULES .................................................................................................................................................. 29
A. PERSONNEL RULES ........................................................................................................................................ 29
B. PRECEDENCE OF AGREEMENT ....................................................................................................................... 29
C. DISCIPLINE ..................................................................................................................................................... 29
D. LAYOFF RULES .............................................................................................................................................. 29
ARTICLE XII - MISCELLANEOUS ....................................................................................................................................... 29
A. FIRE DEPARTMENT PROMOTIONAL EXAMS – POLICY D-10 ......................................................................... 29
B. LIVING QUARTERS ......................................................................................................................................... 29
C. PAYCHECKS ................................................................................................................................................... 30
1. Bi-Weekly Pay ............................................................................................................................................................... 30
2. Paycheck Stub ................................................................................................................................................................ 30
3. Direct Deposit ................................................................................................................................................................ 30
4. Vacation Payroll Advance .............................................................................................................................................. 30
D. CA DRIVER LICENSE FOR FIREFIGHTING EQUIPMENT .................................................................................. 30
E. DEFERRED COMPENSATION LOAN PROGRAM ............................................................................................... 31
ARTICLE XIII – MANAGEMENT RIGHTS ......................................................................................................................... 31
ARTICLE XIV – TERM OF MOU .......................................................................................................................................... 31
ARTICLE XV - CITY COUNCIL APPROVAL ..................................................................................................................... 32
ARTICLE XVI - SUCCESSOR NEGOTIATIONS ................................................................................................................ 32
EXHIBIT A – EMPLOYER-EMPLOYEE RELATIONS RESOLUTION .......................................................................... 33
EXHIBIT B - SALARY SCHEDULE ....................................................................................................................................... 34
EXHIBIT C – RETIREE SUBSIDY MEDICAL PLAN ......................................................................................................... 36
EXHIBIT D – TILLER CERTIFICATION ............................................................................................................................. 41
EXHIBIT E – INCOME PROTECTION PLAN ..................................................................................................................... 42
EXHIBIT F – 56-HOUR VACATION AND SICK LEAVE ACCRUAL – LEAVE BENEFITS (EXAMPLE) ................ 43
EXHIBIT G - POLICY D-14, MINIMUM STAFFING AND FILLING OF VACANCIES ............................................... 45
EXHIBIT H - FIREFIGHTERS' RIGHTS TO APPEAL DISCIPLINARY ACTION ……………………………………49
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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, 20187 through June 30, 202118
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.
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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
C.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
Administration, 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.
.
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.
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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.
D.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) 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
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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.
F.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 Company Officer 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
4) Chief Fire Officer 3D: Emergency Service Delivery Responsibilities
Completion of additional courses
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1) S234: Ignition Operations
2) S270: Basic Air Operations
3) AR330: Strike Team Leader
4) S404: Safety Officer
5) S290: Intermediate Wildland Behavior – Classroom based
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 BasedVersion
2. 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.
3. 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.
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.
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4. 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.
5. 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.
6. 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.
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.
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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.
7. 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.
a.1) Level II Arson Investigators assigned to an incident while off duty will
be compensated the full Level II Arson Investigator rate.
b.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.
8. Urban Search and Rescue (USAR) Team Assignment Pay:
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.
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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.
9. 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.
10. 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.
11. 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
Academy of Pediatrics 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 and the American Academy of Pediatrics
prior to July 1, 2017 and was receiving this special certification pay, shall continue
to receive the pay, but must meet the 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 and the American Academy of Pediatrics prior to July
1, 2017, but have obtained the special certifications through other providers, and
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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)
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.
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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. Either party may
request to meet and confer during the MOU on Policy C-2.
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. Either party
may request to meet and confer during the MOU on Policy D-9.
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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. Either party may seek to
meet and confer over a change to the policy during the term of this MOU. On said
implementation date, Aall 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.
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ARTICLE VII – HOURS OF WORK/OVERTIME
A. Work Schedule:
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. Effective January 3, 2019,
employees[City1] shall work the 48/96 work schedule in which they are scheduled to work
two (2) consecutive days on followed by four (4) 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).
Effective January 3, 2019, all twenty-four (24) hour shift employees shall be on a twenty-
four (24) day work period consistent with the 7(K) exemption set forth in the Fair Labor
Standards Act (FLSA).
The parties agree that the 48/96 work schedule will be in effect for a trial period of
exactly 360 days (fifteen (15) twenty-four (24) day work periods) at which time it will
sunset unless the parties both agree to continue it. In the 90 day period prior to the
expiration of the trial period, the parties shall inform each other if they want the 48/96
work schedule to end or continue. If both parties agree that it should continue (and
therefore become the work schedule in effect for 24-hour shift employees) it shall
continue unless and until it is changed in the future through labor negotiations. If either
party wishes the 48/96 work schedule to end at the end of the trial period, it shall end.
However, the parties agree to meet and discuss their respective positions. prior to
terminating the schedule to try to resolve an y issues causing the desire to terminate the
schedule.
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
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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 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.
The 24 day FLSA work period for each employee shall begin at 8 a.m. All hours worked
in excess of 182 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
106.15 hours of regular pay and 5.85 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.
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
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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.
1.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.
Effective January 3, 2019, while the 48/96 work schedule is in effect, employees
assigned to fire suppression duties are scheduled to work 192 hours in the declared 24
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:
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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.
Until December 31, 2018, Uupon 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.
Effective for calendar year 2019 and every year thereafter the previous
paragraph is eliminated and the following shall apply: By December 15 (the
first year being 2018) of each year, an employee may make an irrevocable
election to cash out compensatory time off hours which he/she may earn in the
following calendar year. An employee will receive the cash for the
compensatory time off (assuming he/she has earned it) he/she irrevocably
elected to cash out in the following calendar year. He/she can either receive
the cash all in the first pay period in December or half the cash in the second
pay period in July and the other half in the first pay period in December.
However, if the employee has not earned the compensatory time off for which
he/she elected to cash out (either in July or December) the employee will
receive cash for the amount of compensatory time off he/she has accrued in the
calendar year.
If an employee makes an irrevocable election to cash out compensatory time
off in the following calendar year and uses compensatory time off in that
subsequent year, the compensatory time off used will come from annual leave
the employee had earned prior to January 1 of the year the employee has elected
to cash out annual leave. This is to ensure that assuming an employee had a
compensatory time off balance prior to January 1, the compensatory time off
used will not result in a reduction in the amount of compensatory time off the
employee will be eligible to cash out.
699
In addition to the above, starting in calendar year 2019, an employee who has
an “unforeseen emergency” (defined as an unanticipated emergency that is
caused by an event beyond the control of the employee and that would result
in severe financial hardship to the employee if early withdrawal were not
permitted) shall be entitled to make a request to the Director of Human
Resources for a payoff of accrued compensatory time. The amount of
compensatory time off which may be paid off is limited to the amount
necessary to meet the emergency. The maximum payoff the employee can
receive for an emergency what is in his/her compensatory time off bank.
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 recei ving 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.
700
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.
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.
2.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.
3.F. Shift Exchange/Relief:
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.
701
1. 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 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.
4.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.
5.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 GH 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, 202018, unless the parties agree to incorporate it into a successor
MOU.
a. Minimum staffing of in the Fire Department is set forth in Policy D-14 which is
in Appendix G to this 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 be no less
than 16.increase accordingly.
D.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
702
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.
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:
2.1. 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.
3.2. 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, tThe cost of the premium up to a maximum of
$500.00.
Effective the beginning of the pay period following City Council approval of this
MOU, the cost of the premium up to a maximum of $600.00.
Effective on the first day of the pay period which includes July 1, 2019, the cost of
the premium up to a maximum of $700.00.
Effective on the first day of the pay period which includes July 1, 2020, the cost
of the premium up to a maximum of $800.00.
ii. Employee + one dependent (“EE” + 1) – Effective the beginning of the pay period
following City Council approval of this MOU, tThe cost of the premium up to a
maximum of $815.00.
Effective the beginning of the pay period following City Council approval of this
MOU, the cost of the premium up to a maximum of $915.00.
703
Effective on the first day of the pay period which July 1, 2019, the cost of the
premium up to a maximum of $1,015.00.
Effective on the first day of the pay period which July 1, 2020, the cost of the
premium up to a maximum of $1,115.00.
iii. Employee + two or more dependents (“EE” + 2) – Effective the beginning of the pay
period following City Council approval of this MOU, tThe cost of the premium up
to a maximum of $1,325.00.
Effective the beginning of the pay period following City Council approval of this
MOU, the cost of the premium up to a maximum of $1,425.00.
Effective on the first day of the pay period which includes July 1, 2019, the cost of
the premium up to a maximum of $1,525.00.
Effective on the first day of the pay period which includes July 1, 2020, the cost
of the premium up to a maximum of $1,625.00.
Tier Upon City Council
Approval
(per month)
Beginning of the
pay period which
includes July 1,
2019
(per month)
Beginning of the
pay period which
includes July 1,
2020
(per month)
*Single $600.00 $700.00 $800.00
*Two-Party $915.00 $1,015.00 $1,115.00
*Family $1,425.00 $1,525.00 $1,625.00
Opt Out $600.00 $700.00 $800.00
704
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
705
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). Effective the
beginning of pay period following Council approval of this MOU, the cost of the
single party premium up to a maximum of $600.00 per month ($276.92 bi-weekly).
Effective the beginning of the pay period including July 1, 2019, the cost of the single
party premium up to a maximum of $700.00 per month ($323.08 bi-weekly). Effective
the beginning of the pay period including July 1, 2020 the cost of the single party
premium up to a maximum of $800.00 per month ($369.23 bi-weekly).
CalPERS PEMHCA 20187 employer contribution = $133.0028.00 per month, $61.3859.08 bi-weekly
CalPERS PEMHCA 2019 employer contribution = $136.00 per month, $62.77 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
PERS
Anthem HMO Select
Single
Two-Party
Family
PERS
Anthem HMO Traditional
Single
Two-Party
Family
PERS
Blue Shield Access+
Single
Two-Party
Family
PERS
Health Net Salud y Mas
Single
Two-Party
Family
PERS
Health Net SmartCare
Single
Two-Party
706
Family
PERS
Kaiser
Single
Two-Party
Family
PERS
UnitedHealthcare
Single
Two-Party
Family
PERS Choice
Single
Two-Party
Family
PERS Select
Single
Two-Party
Family
PERS Care
Single
Two-Party
Family
PORAC
Single
Two-Party
Family
Delta Dental PPO
Single
Two-Party
Family
Delta Care HMO
Single
Two-Party
Family
VSP Vision
Single
Two-Party
Family
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
2018 Health Premiums and Contributions
So CA Region - Effective 1/1/2018
HBFA
Plan Tier Monthly
Premium
Employer
Monthly
Contribution
Employee
Monthly
Contribution
Employee
Bi-Weekly
Contribution
Single 659.69 500.00 159.69 73.70
707
PERS
Anthem HMO Select
Two-
Party 1,319.38 815.00 504.38 232.79
Family 1,715.19 1,325.00 390.19 180.09
PERS
Anthem HMO
Traditional
Single 735.08 500.00 235.08 108.50
Two-
Party 1,470.16 815.00 655.16 302.38
Family 1,911.21 1,325.00 586.21 270.56
PERS
Blue Shield Access+
Single 695.97 500.00 195.97 90.45
Two-
Party 1,391.94 815.00 576.94 266.28
Family 1,809.52 1,325.00 484.52 223.62
PERS
Health Net Salud y Mas
Single 461.56 461.56 0.00 0.00
Two-Party 923.12 815.00 108.12 49.90
Family 1,200.06 1,200.06 0.00 0.00
PERS
Health Net SmartCare
Single 607.68 500.00 107.68 49.70
Two-
Party 1,215.36 815.00 400.36 184.78
Family 1,579.97 1,325.00 254.97 117.68
PERS
Kaiser
Single 666.80 500.00 166.80 76.98
Two-
Party 1,333.60 815.00 518.60 239.35
Family 1,733.68 1,325.00 408.68 188.62
PERS
UnitedHealthcare
Single 616.66 500.00 116.66 53.84
Two-
Party 1,233.32 815.00 418.32 193.07
Family 1,603.32 1,325.00 278.32 128.46
PERS Choice
Single 698.96 500.00 198.96 91.83
Two-
Party 1,397.92 815.00 582.92 269.04
Family 1,817.30 1,325.00 492.30 227.22
PERS Select
Single 654.74 500.00 154.74 71.42
Two-
Party 1,309.48 815.00 494.48 228.22
Family 1,702.32 1,325.00 377.32 174.15
PERS Care
Single 733.50 500.00 233.50 107.77
Two-
Party 1,467.00 815.00 652.00 300.92
Family 1,907.10 1,325.00 582.10 268.66
PORAC Single 734.00 500.00 234.00 108.00
708
Two-
Party 1,540.00 815.00 725.00 334.62
Family 1,970.00 1,325.00 645.00 297.69
Delta Dental PPO
Single 56.00 42.88 13.12 6.06
Two-
Party 104.60 81.82 22.78 10.51
Family 137.90 116.36 21.54 9.94
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 2018 employer contribution = $133.00 per month, $61.38 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
2018 Health Premiums and Contributions
LA Region - Effective 1/1/2018
HBFA
Plan Tier Monthly
Premium
Employer
Monthly
Contribution
Employee
Monthly
Contribution
Employee
Bi-Weekly
Contribution
PERS
Anthem HMO Select
Single 660.17 500.00 160.17 73.92
Two-
Party 1,320.34 815.00 505.34 233.23
Family 1,716.44 1,325.00 391.44 180.66
PERS
Anthem HMO
Traditional
Single 784.72 500.00 284.72 131.41
Two-
Party 1,569.44 815.00 754.44 348.20
Family 2,040.27 1,325.00 715.27 330.12
PERS
Blue Shield Access+
Single 613.29 500.00 113.29 52.29
Two-Party 1,226.58 815.00 411.58 189.96
Family 1,594.55 1,325.00 269.55 124.41
Single 404.32 404.32 0.00 0.00
709
PERS
Health Net Salud y Mas
Two-
Party 808.64 808.64 0.00 0.00
Family 1,051.23 1,051.23 0.00 0.00
PERS
Health Net SmartCare
Single 577.15 500.00 77.15 35.61
Two-
Party 1,154.30 815.00 339.30 156.60
Family 1,500.59 1,325.00 175.59 81.04
PERS
Kaiser
Single 642.70 500.00 142.70 65.86
Two-Party 1,285.40 815.00 470.40 217.11
Family 1,671.02 1,325.00 346.02 159.70
PERS
UnitedHealthcare
Single 602.78 500.00 102.78 47.44
Two-
Party 1,205.56 815.00 390.56 180.26
Family 1,567.23 1,325.00 242.23 111.80
PERS Choice
Single 620.39 500.00 120.39 55.56
Two-
Party 1,240.78 815.00 425.78 196.51
Family 1,613.01 1,325.00 288.01 132.93
PERS Select
Single 573.21 500.00 73.21 33.79
Two-
Party 1,146.42 815.00 331.42 152.96
Family 1,490.35 1,325.00 165.35 76.32
PERS Care
Single 673.73 500.00 173.73 80.18
Two-
Party 1,347.46 815.00 532.46 245.75
Family 1,751.70 1,325.00 426.70 196.94
PORAC
Single 734.00 500.00 234.00 108.00
Two-
Party 1,540.00 815.00 725.00 334.62
Family 1,970.00 1,325.00 645.00 297.69
Delta Dental PPO
Single 56.00 42.88 13.12 6.06
Two-
Party 104.60 81.82 22.78 10.51
Family 137.90 116.36 21.54 9.94
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
710
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 2018 employer contribution = $133.00 per month, $61.38 bi -weekly
Employee and City contributions subject to change as a result of contract negotiations
Los Angeles Area Region: Los Angeles, San Bernardino, Ventura
2018 Health Premiums and Contributions
So CA Region - Effective 11/17/2018
HBFA
Plan Tier Monthly
Premium
Employer
Monthly
Contribution
Employee
Monthly
Contribution
Employee
Bi-Weekly
Contribution
PERS
Anthem HMO Select
Single 659.69 600.00 59.69 27.55
Two-
Party 1,319.38 915.00 404.38 186.64
Family 1,715.19 1,425.00 290.19 133.93
PERS
Anthem HMO
Traditional
Single 735.08 600.00 135.08 62.34
Two-
Party 1,470.16 915.00 555.16 256.23
Family 1,911.21 1,425.00 486.21 224.40
PERS
Blue Shield Access+
Single 695.97 600.00 95.97 44.29
Two-
Party 1,391.94 915.00 476.94 220.13
Family 1,809.52 1,425.00 384.52 177.47
PERS
Health Net Salud y Mas
Single 461.56 600.00 461.56 213.03
Two-
Party 923.12 915.00 8.12 3.75
Family 1,200.06 1,425.00 1,200.06 553.87
PERS
Health Net SmartCare
Single 607.68 600.00 7.68 3.54
Two-
Party 1,215.36 915.00 300.36 138.63
Family 1,579.97 1,425.00 154.97 71.52
PERS
Kaiser
Single 666.80 600.00 66.80 30.83
Two-
Party 1,333.60 915.00 418.60 193.20
Family 1,733.68 1,425.00 308.68 142.47
Single 616.66 600.00 16.66 7.69
711
PERS
UnitedHealthcare
Two-
Party 1,233.32 915.00 318.32 146.92
Family 1,603.32 1,425.00 178.32 82.30
PERS Choice
Single 698.96 600.00 98.96 45.67
Two-
Party 1,397.92 915.00 482.92 222.89
Family 1,817.30 1,425.00 392.30 181.06
PERS Select
Single 654.74 600.00 54.74 25.26
Two-
Party 1,309.48 915.00 394.48 182.07
Family 1,702.32 1,425.00 277.32 127.99
PERS Care
Single 733.50 600.00 133.50 61.62
Two-
Party 1,467.00 915.00 552.00 254.77
Family 1,907.10 1,425.00 482.10 222.51
PORAC
Single 734.00 600.00 134.00 61.85
Two-
Party 1,540.00 915.00 625.00 288.46
Family 1,970.00 1,425.00 545.00 251.54
Delta Dental PPO
Single 56.00 42.88 13.12 6.06
Two-
Party 104.60 81.82 22.78 10.51
Family 137.90 116.36 21.54 9.94
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: $600.00 per month ($276.92 bi-weekly)
Effective the beginning of pay period following Council approval of this MOU, the cost of the single party premium up to a maximum of $600.00 per month ($276.92 bi -weekly).
CalPERS PEMHCA 2018 employer contribution = $133.00 per month, $61.38 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
712
2018 Health Premiums and Contributions
LA Region - Effective 11/17/2018
HBFA
Plan Tier Monthly
Premium
Employer
Monthly
Contribution
Employee
Monthly
Contribution
Employee
Bi-Weekly
Contribution
PERS
Anthem HMO Select
Single 660.17 600.00 60.17 27.77
Two-
Party 1,320.34 915.00 405.34 187.08
Family 1,716.44 1,425.00 291.44 134.51
PERS
Anthem HMO
Traditional
Single 784.72 600.00 184.72 85.26
Two-
Party 1,569.44 915.00 654.44 302.05
Family 2,040.27 1,425.00 615.27 283.97
PERS
Blue Shield Access+
Single 613.29 600.00 13.29 6.13
Two-
Party 1,226.58 915.00 311.58 143.81
Family 1,594.55 1,425.00 169.55 78.25
PERS
Health Net Salud y Mas
Single 404.32 404.32 0.00 0.00
Two-
Party 808.64 808.64 0.00 0.00
Family 1,051.23 1,051.23 0.00 0.00
PERS
Health Net SmartCare
Single 577.15 577.15 0.00 0.00
Two-
Party 1,154.30 915.00 239.30 110.45
Family 1,500.59 1,425.00 75.59 34.89
PERS
Kaiser
Single 642.70 600.00 42.70 19.71
Two-
Party 1,285.40 915.00 370.40 170.95
Family 1,671.02 1,425.00 246.02 113.55
PERS
UnitedHealthcare
Single 602.78 600.00 2.78 1.28
Two-
Party 1,205.56 915.00 290.56 134.10
Family 1,567.23 1,425.00 142.23 65.64
PERS Choice
Single 620.39 600.00 20.39 9.41
Two-
Party 1,240.78 915.00 325.78 150.36
Family 1,613.01 1,425.00 188.01 86.77
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PERS Select
Single 573.21 573.21 0.00 0.00
Two-
Party 1,146.42 915.00 231.42 106.81
Family 1,490.35 1,425.00 65.35 30.16
PERS Care
Single 673.73 600.00 73.73 34.03
Two-
Party 1,347.46 915.00 432.46 199.60
Family 1,751.70 1,425.00 326.70 150.78
PORAC
Single 734.00 600.00 134.00 61.85
Two-
Party 1,540.00 915.00 625.00 288.46
Family 1,970.00 1,425.00 545.00 251.54
Delta Dental PPO
Single 56.00 42.88 13.12 6.06
Two-
Party 104.60 81.82 22.78 10.51
Family 137.90 116.36 21.54 9.94
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: $600.00 per month ($276.92 bi-weekly)
Effective the beginning of pay period following Council approval of this MOU, the
cost of the single party premium up to a maximum of $600.00 per month ($276.92
bi-weekly).
CalPERS PEMHCA 2018 employer contribution = $133.00 per month, $61.38 bi -weekly
Employee and City contributions subject to change as a result of contract negotiations
Los Angeles Area Region: Los Angeles, San Bernardino, Ventura
2019 Health Premiums and Contributions
So CA Region - Effective 7/1/2019
HBFA
714
Plan Tier Monthly
Premium
Employer
Monthly
Contribution
Employee
Monthly
Contribution
Employee
Bi-Weekly
Contribution
PERS
Anthem HMO Select
Single 625.07 625.07 0.00 0.00
Two-
Party 1,250.14 1,015.00 235.14 108.53
Family 1,625.18 1,525.00 100.18 46.24
PERS
Anthem HMO
Traditional
Single 830.89 700.00 130.89 60.41
Two-
Party 1,661.78 1,015.00 646.78 298.51
Family 2,160.31 1,525.00 635.31 293.22
PERS
Blue Shield Access+
Single 760.04 700.00 60.04 27.71
Two-
Party 1,520.08 1,015.00 505.08 233.11
Family 1,976.10 1,525.00 451.10 208.20
PERS
Health Net Salud y Mas
Single 427.81 427.81 0.00 0.00
Two-
Party 855.62 855.62 0.00 0.00
Family 1,112.31 1,112.31 0.00 0.00
PERS
Health Net SmartCare
Single 642.71 642.71 0.00 0.00
Two-
Party 1,285.42 1,015.00 270.42 124.81
Family 1,671.05 1,525.00 146.05 67.41
PERS
Kaiser
Single 628.63 628.63 0.00 0.00
Two-
Party 1,257.26 1,015.00 242.26 111.81
Family 1,634.44 1,525.00 109.44 50.51
PERS
UnitedHealthcare
Single 646.65 646.65 0.00 0.00
Two-
Party 1,293.30 1,015.00 278.30 128.45
Family 1,681.29 1,525.00 156.29 72.13
PERS Choice
Single 721.11 700.00 21.11 9.74
Two-
Party 1,442.22 1,015.00 427.22 197.18
Family 1,874.89 1,525.00 349.89 161.49
PERS Select
Single 462.71 462.71 0.00 0.00
Two-
Party 925.42 925.42 0.00 0.00
Family 1,203.05 1,203.05 0.00 0.00
715
PERS Care
Single 907.29 700.00 207.29 95.67
Two-
Party 1,814.58 1,015.00 799.58 369.04
Family 2,358.95 1,525.00 833.95 384.90
PORAC
Single 774.00 700.00 74.00 34.15
Two-
Party 1,623.00 1,015.00 608.00 280.62
Family 2,076.00 1,525.00 551.00 254.31
Delta Dental PPO
Single 56.00 42.88 13.12 6.06
Two-
Party 104.60 81.82 22.78 10.51
Family 137.90 116.36 21.54 9.94
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 23.33 17.58 5.75 2.65
Two-
Party 23.33 17.58 5.75 2.65
Family 23.33 17.58 5.75 2.65
Medical Opt Out Benefit: $700.00 per month ($323.08 bi -weekly)
Effective the beginning of the pay period including July 1, 2019, the cost of the
single party premium up to a maximum of $700.00 per month ($323.08 bi-weekly).
Effective the beginning of the pay period including July 1, 2020 the cost of the
single party premium up to a maximum of $800.00 per month ($369.23 bi -weekly).
CalPERS PEMHCA 2019 employer contribution = $136.00 per month, $62.77 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
2019 Health Premiums and Contributions
LA Region - Effective 07/01/2019
HBFA
716
Plan Tier Monthly
Premium
Employer
Monthly
Contribution
Employee
Monthly
Contribution
Employee
Bi-Weekly
Contribution
PERS
Anthem HMO Select
Single 627.07 627.07 0.00 0.00
Two-
Party 1,254.14 1,015.00 239.14 110.37
Family 1,630.38 1,525.00 105.38 48.64
PERS
Anthem HMO
Traditional
Single 878.48 700.00 178.48 82.38
Two-
Party 1,756.96 1,015.00 741.96 342.44
Family 2,284.05 1,525.00 759.05 350.33
PERS
Blue Shield Access+
Single 669.75 669.75 0.00 0.00
Two-
Party 1,339.50 1,015.00 324.50 149.77
Family 1,741.35 1,525.00 216.35 99.85
PERS
Health Net Salud y Mas
Single 356.50 356.50 0.00 0.00
Two-
Party 713.00 713.00 0.00 0.00
Family 926.90 926.90 0.00 0.00
PERS
Health Net SmartCare
Single 584.27 584.27 0.00 0.00
Two-
Party 1,168.54 1,015.00 153.54 70.86
Family 1,519.10 1,519.10 0.00 0.00
PERS
Kaiser
Single 618.64 618.64 0.00 0.00
Two-
Party 1,237.28 1,015.00 222.28 102.59
Family 1,608.46 1,525.00 83.46 38.52
PERS
UnitedHealthcare
Single 669.61 669.61 0.00 0.00
Two-
Party 1,339.22 1,015.00 324.22 149.64
Family 1,740.99 1,525.00 215.99 99.69
PERS Choice
Single 654.50 654.50 0.00 0.00
Two-Party 1,309.00 1,015.00 294.00 135.69
Family 1,701.70 1,525.00 176.70 81.55
PERS Select
Single 420.77 420.77 0.00 0.00
Two-
Party 841.54 841.54 0.00 0.00
Family 1,094.00 1,094.00 0.00 0.00
PERS Care
Single 843.78 700.00 143.78 66.36
Two-
Party 1,687.56 1,015.00 672.56 310.41
717
Family 2,193.83 1,525.00 668.83 308.69
PORAC
Single 774.00 700.00 74.00 34.15
Two-
Party 1,623.00 1,015.00 608.00 280.62
Family 2,076.00 1,525.00 551.00 254.31
Delta Dental PPO
Single 56.00 42.88 13.12 6.06
Two-
Party 104.60 81.82 22.78 10.51
Family 137.90 116.36 21.54 9.94
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 23.33 17.58 5.75 2.65
Two-
Party 23.33 17.58 5.75 2.65
Family 23.33 17.58 5.75 2.65
Medical Opt Out Benefit: $700.00 per month ($323.08 bi -weekly)
Effective the beginning of the pay period including July 1, 2019, the cost of the
single party premium up to a maximum of $700.00 per month ($323.08 bi -
weekly).
Effective the beginning of the pay period including July 1, 2020 the cost of the
single party premium up to a maximum of $800.00 per month ($369.23 bi-
weekly).
CalPERS PEMHCA 2019 employer contribution = $136.00 per month, $62.77 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.
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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 (effective the beginning of pay period
following Council approval of this MOU, the cost of the single party premium up to a maximum
of $600.00 per month ($276.92 bi-weekly). Effective the beginning of the pay period including
July 1, 2019, the cost of the single party premium up to a maximum of $700.00 per month
($323.08 bi-weekly). Effective the beginning of the pay period including July 1, 2020 the cost
of the single party premium up to a maximum of $800.00 per month ($369.23 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.
719
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.
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:
720
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”
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.
Effective the beginning of the pay period following City Council approval of this
MOU, all classic members shall pay three percent (3%) additional compensation
earnable as employer cost sharing in accordance with Gov ernment Code section
20516(f) – for an employee pension contribution of twelve percent (12%). The parties
agree that this cost sharing agreement per Government Code section 20516(f) shall
continue after the expiration of this MOU unless/until otherwise negotiated to either
an agreement (in a successor MOU) or the expiration of the impasse process by the
parties.
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 safet y 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).
721
3) New members shall contribute one half of the normal cost rate, as established
by CalPERS.
3) Effective the beginning of the pay period following City Council approval of
this MOU, all new members shall, pay at least twelve percent (12%) of
pensionable compensation as their retirement contribution. If the required
contribution per PEPRA (half the normal cost) is less than twelve percent
(12%), employees shall pay the difference between the required PEPRA
contribution and twelve percent (12%) as cost sharing per Government Code
section 20516(f). If the required PEPRA contribution is at least twelve percent
(12%) or more, new members will pay the required PEPRA contribution.
g.4) 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 b y the
law.
h.g. 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:
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.
722
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 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.
723
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.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 th e
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-
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.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
1 For a detailed explanation regarding conversion refer to Exhibit F
724
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 – Until December 31, 2018, Oon 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.
Effective for calendar year 2019 and every year thereafter the previous paragraph is
eliminated and the following shall apply: By December 15 (the first year being 2018)
of each year, an employee may make an irrevocable election to cash out up eighty (80)
hours (for employees assigned to the 40 hour workweek) at the 40 hour rate, or one
hundred and twelve (112) hours (for employees assigned to the 24 hour suppression
shift) at the 56 hour rate, which will be earned in the following calendar year. In the
following year, the employee can receive the cash for the vacation he/she irrevocably
elected to cash out in either two (2) equal increments of half of what he/she elected to
cash out or one (1) increment of up the maximum they elected to cash out.
The employee would be paid one half of what he/she irrevocably elect to cash out on
both the second pay day in July and the first pay day on December or the employee
can elect to be paid the full amount he/she elected to cash out on the first pay day in
December. However, if the employee’s vacation balance is less than the amount the
employee elected to cash out (in the prior calendar year) the employee will receive
cash for the amount of vacation the employee has accrued at the time of the cash out.
If an employee makes an irrevocable election to cash out vacation in the following
calendar year and uses vacation in that subsequent year, the vacation used will come
from vacation the employee had earned prior to January 1 of the year the employee has
elected to cash out vacation. This is to ensure that assuming an employee had a
vacation balance prior to January 1, the vacation used will not result in a reduction in
the amount of vacation the employee will be eligible to cash out.
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In addition to the above, starting in calendar year 2019, an employee who has an
“unforeseen emergency” (defined as an unanticipated emergency that is caused by an
event beyond the control of the employee and that would result in severe financial
hardship to the employee if early withdrawal were not permitted) shall be entitled to
make a request to the Director of Human Resources for a payoff of accrued vacation.
The amount of vacation which may be paid off is limited to the amount necessary to
meet the emergency. The maximum payoff the employee can receive for an emergency
is limited to eighty (80) for forty hour employees and 112 hours for 56 hour employees.
In addition to the employee’s election to cash out vacation, any Vvacation 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.
1.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.
1.2. 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 FG). 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.
726
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.
2.3. 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.
An eligible employee on an approved leave may be allowed to use earned Sick Leave,
Vacation and/or Compensatory Time Off.
3.4. 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.
4.5. 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
B.A. Personnel Rules - All MOU provisions that supersede the City’s Personnel Rules shall
automatically be incorporated in the City’s Personnel Rules.
C.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.
D.C. Discipline - The procedure and practice regarding discipline is set forth in Exhibit H.
727
E.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.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. Either
party may request to meet and confer during the MOU on Policy D-10.
b.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.C. Paychecks:
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:
728
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 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.
E. Requirement to Live Within 150 Miles - to provide a reasonable response time in case of an
emergency call back, effective on the first day following City Council approval of this 2018-
2021 MOU all members of the bargaining unit must live within a 150 miles of the Central Net
Training Center, 18301 Gothard Street[SA2].
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
729
This MOU shall be in effect commencing on July 1, 20187 through June 30, 202118. 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.
730
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, 202118.
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 _____________, 20187.
CITY OF HUNTINGTON BEACH
A Municipal Corporation
0B0B0BHUNTINGTON BEACH
FIREFIGHTERS’ ASSOCIATION.
By: By:
Fred A. Wilson
City Manager
Chad Stewart
HBFA President
By: By:
Michele Warren
Director of Human Resources
Carl Corbin
HBFA Negotiation Team Leader – HBFA
By: By:
David Segura
Fire Chief
Stuart D. Adams Esq.
Chief Negotiator
By:
Peter J. Brown
Chief Negotiator
By:
JoAnn Diaz
Principal Human Resources Analyst
APPROVED AS TO FORM
By:
By:
Sandy Henderson
Senior Human Resources Analyst
Michael E. Gates
City Attorney
731
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.
732
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
733
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
734
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:
d.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
e.B. At the time of retirement, the employee is employed by the City; and
f.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:
a.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.
b.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.
g.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.
h.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:
735
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
i.F. Eligibility:
a.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.
b.2.A retiree may change plans, add dependents, etc., during annual open enrollment. The City shall
notify covered retirees of this opportunity each year.
c.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.
d.4.When a retiree is eligible for medical plan coverage at the expense of an other 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.
736
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.
e.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.
f.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.
g.7.When a retiree becomes 65 and has eligible dependents under 65, said dependents are eligible to
exercise COBRA rights.
h.8.When a retiree is under 65 and his/her spouse is over 65, the spouse is not covered.
j.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.
k.H. Subsidies:
a.1. The subsidy payments will pay for:
a. Available health insurance plans for eligible retirees.
737
b. Part A of Medicare for those retirees not eligible for paid Part A.
b.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
l.I. Medicare:
a.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.
b.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.
c.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.
m.J. Cancellation:
a.1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation
provisions apply:
A.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.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.
b.2.Premium payments are to be received at least one month in advance of the coverage period.
738
c.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.
739
Following is the method of application regarding Tiller C ertification, 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.
740
This is to memorialize an agreement between the City of Huntington Beach (City) and the Huntin gton
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:
a.1. The City and HBFA agree that the City shall not provide a City-sponsored LTD Insurance Program
for employees represented by HBFA.
b.2.HBFA shall contract with an insurance provider for LTD insurance for the employees represented
by the HBFA.
c.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.
d.4.Non-dues paying represented employees shall be covered by the LTD Policy at the same premium
rate as dues paying represented employees.
e.5. City payment to HBFA is to be made for each represented employee per month based on the bi-
weekly payroll.
f.6. HBFA shall pay the insurance company for the cost of premiums and any charges incurred for
administering the program.
g.7.HBFA shall provide the City with a monthly listing of covered employees.
h.8.No self-funding/self-insurance of LTD benefits is permitted under this agreement.
i.9. HBFA shall authorize the City to have the insurance company provide documentation to the City as
follows:
i.a. A copy of the most current audited financial statements.
ii.b. A copy of the latest actuarial report, which should be completed by an independent “Fellow
of the Society of Actuaries”;
iii.c. A copy of the in-force re-insurance Policy;
j.10. H
BFA will provide a statement certifying that premiums collected are for LTD benefits for HBFA
represented employees only.
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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 chan ge 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.
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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
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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.
a.• 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.
b.• 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.
c.• Hazardous Materials (HAZMAT) Unit- An apparatus that has tools and equipment
used in the mitigation of Hazardous Materials incidents. ·
d.• Paramedic Engine or Paramedic Assessment Engine -A fire engine that carries
Advanced Life Support equipment.
e.• Paramedic Unit- Any Fire Department vehicle, other than a fire engine or fire truck,
that carries Advanced Life Support equipment.
f.• 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.
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.
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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.
oa. 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.
1.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.
1.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.
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6. Each in-service paramedic assessment engine company shall be staffed 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.
1.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 not 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.
2.C. FILLING VACANCIES
a.1. Employees acting in a higher classification, when properly qualified, shall be considered
equivalent to the required classification.
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
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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.
b.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.
c.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.
d.4.REPLACEMENT CALLBACK. When a vacancy exists on any apparatus, the Department wi ll
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.
e.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).
3.D. NEW EQUIPMENT
1)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)2. The Meet and Confer process/obligation shall apply to any managerial decision to
eliminate any paramedic unit(s) / van(s).
4.E. CHANGES IN STAFFING
1)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.
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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 appeal 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 th e 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 follo wing 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.
4.1) 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
satisfied even though reasonable persons may disagree about the appropriateness of the
action.
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5.2) 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
8.1) 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.
9.2) The parties may present opening statements.
10.3) 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.
11.4) 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 Code §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.
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,
749
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:
d.1) Request a hearing;
e.2) Object to the accusation upon the ground that it does not state acts or omissions
upon which the agency may proceed;
f.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;
g.4) Admit the accusation in whole or in part;
h.5) Present new matter by way of defense;
i.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 § 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
750
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 Hall 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.
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City of Huntington Beach
File #:18-432 MEETING DATE:10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Michele Warren, Director of Human Resources
Subject:
Approve Tentative Agreement and introduction of proposed Memorandum of Understanding
(MOU) between the Huntington Beach Management Employees’ Organization (MEO) and the
City of Huntington Beach for November 1, 2017 through October 31, 2019
Statement of Issue:
The City and the Huntington Beach Management Employees’ Organization (MEO) have tentatively
agreed to enter into a new Memorandum of Understanding (MOU) for the period November 1, 2017
through October 31, 2019.
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 over the term of the agreement is
estimated by Finance to total $417,720. Funds for FY 2018/19 have been included in the approved
budget. No additional appropriation is required.
Recommended Action:
Approve the Tentative Agreement and the introduction of the proposed Memorandum of
Understanding Between the Huntington Beach Management Employees’ Organization (MEO) and
the City of Huntington Beach for the period November 1, 2017 through October 31, 2019.
Alternative Action(s):
Do not approve the tentative agreement and the introduction of the proposed successor MOU for
MEO 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 MEO have been involved in active negotiations over an extended
period and have successfully completed the meet and confer process with a tentative agreement on
a proposed Memorandum of Understanding (MOU) for the period of November 1, 2017, through
City of Huntington Beach Printed on 10/10/2018Page 1 of 3
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File #:18-432 MEETING DATE:10/15/2018
October 31, 2019.
Highlights from the listing of tentatively agreed upon contract changes include the following:
Term of Agreement
November 1, 2017 through October 31, 2019
Medical Benefits
The City’s monthly contribution to MEO medical plan premiums will increase as follows upon final City
Council approval:
·Single $100
·Two Party $100
·Family $100
·Opt-Out $100
Effective January 1, 2019, the City’s monthly contribution to MEO medical plan premiums will
increase by $100 per month, per medical plan, per tier. City contributions to dental and vision
benefits will not increase during the term of the agreement.
Administrative Leave
Association employees shall receive a one-time (only) additional allotment of 10 hours of
Administrative Leave effective the beginning of the pay period following City Council final approval.
Administrative Leave hours have no cash value. Administrative Leave hours unused as of 12/31/18
will be forfeited. This provision regarding the one-time (only) additional allotment of 10 hours of
Administrative Leave will sunset at the expiration of the MOU.
The Association and the City intend to execute a separate side letter agreement related to Holiday
Closure for 2018 for December 24, 2018 and December 31, 2018.
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 as Exhibit “A”.
Environmental Status:
N/A
Strategic Plan Goal:
Strengthen economic and financial sustainability
Attachment(s):
City of Huntington Beach Printed on 10/10/2018Page 2 of 3
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File #:18-432 MEETING DATE:10/15/2018
1. Tentative Agreement
2. Fiscal Impact Report
3. Proposed Memorandum of Understanding - Exhibit “A”
4. PowerPoint Presentation - MEO
City of Huntington Beach Printed on 10/10/2018Page 3 of 3
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MEMORANDUM OF UNDERSTANDING
BETWEEN
HUNTINGTON BEACH
MANAGEMENT EMPLOYEES’ ORGANIZATION
AND
CITY OF HUNTINGTON BEACH
November 1, 20157 – October 31, 20179
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PREAMBLE ................................................................................................................................. 1
ARTICLE I - TERM OF MOU ....................................................................................................... 1
ARTICLE II - REPRESENTATIONAL UNIT/CLASSIFICATIONS ............................................... 1
ARTICLE III - MANAGEMENT RIGHTS ...................................................................................... 2
ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT ...................................................... 2
ARTICLE V - SEVERABILITY ..................................................................................................... 2
ARTICLE VI - SALARY SCHEDULE ........................................................................................... 2
A. SALARY SCHEDULE ............................................................................................................................. 2
1. Wage Increases .................................................................................................................................................. 3
ARTICLE VII - SPECIAL PAY ..................................................................................................... 3
A. EDUCATIONAL TUITION ....................................................................................................................... 3
B. BILINGUAL PAY ................................................................................................................................... 3
ARTICLE VIII - UNIFORMS ......................................................................................................... 4
A. GENERAL POLICY ............................................................................................................................... 4
B. AFFECTED PERSONNEL ....................................................................................................................... 4
C. PERSONAL PROTECTIVE EQUIPMENT ................................................................................................... 4
D. EMPLOYEE RESPONSIBILITIES ............................................................................................................. 4
E. CITY RESPONSIBILITIES ....................................................................................................................... 5
F. DEPARTMENT HEAD OR DESIGNEE RESPONSIBILITIES .......................................................................... 5
ARTICLE IX - HOURS OF WORK/ADMINISTRATIVE LEAVE ................................................... 6
A. OVERTIME ......................................................................................................................................... 6
B. ADMINISTRATIVE LEAVE ...................................................................................................................... 6
C. FLEX SCHEDULE AND HOURS OF WORK ............................................................................................... 6
1. 5/40 Work Schedule ............................................................................................................................................ 6
2. 9/80 Work Schedule ............................................................................................................................................ 7
3. 4/10 Work Schedule ............................................................................................................................................ 7
ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS .................................................. 7
A. HEALTH ............................................................................................................................................. 7
B. ELIGIBILITY CRITERIA AND COST .......................................................................................................... 7
1. City and Employee Paid Medical Insurance – Employee and Dependents ..................................................... 7
2. Health and Other Insurance Premiums ............................................................................................................ 8
a. Health Premiums and Contributions ........................................................................................................... 8
3. Future Premiums and City Contributions ........................................................................................................ 9
4. Medical Cash-Out .......................................................................................................................................... 10
5. Section 125 Plan ............................................................................................................................................ 10
C. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT ......................................................................... 10
D. LONG TERM DISABILITY INSURANCE .................................................................................................. 11
E. MISCELLANEOUS .............................................................................................................................. 11
1. City Paid Premiums While On Medical Disability .......................................................................................... 11
2. Insuance Benefits Advisory Committee ......................................................................................................... 11
F. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR CITY MEDICAL SUBSIDY PLAN ................ 12
G. POST 65 SUPPLEMENTAL MEDICARE COVERAGE ................................................................................. 12
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H. ANNUAL MAXIMUM BENEFIT FOR DENTAL PPO PLAN ............................................................................ 12
ARTICLE XI - RETIREMENT BENEFITS .................................................................................. 13
A. BENEFITS......................................................................................................................................... 13
1. Self Funded Supplemental Retirement Benefit ............................................................................................. 13
2. Medical Insurance for Retirees ...................................................................................................................... 13
a. Medical Insurance Upon Retirement ......................................................................................................... 13
B. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM CONTRIBUTIONS AND REPORTING ..................................... 14
1. Miscellaneous Unit Members......................................................................................................................... 14
2. Safety Unit Members .................................................................................................................................... 14
3. Pre-Retirement Optional Settlement 2 Death Benefit .................................................................................... 14
4. Fourth Level of 1959 Survivor Benefits ......................................................................................................... 14
ARTICLE XII - LEAVE BENEFITS ............................................................................................. 15
A. GENERAL LEAVE .............................................................................................................................. 15
1. Accrual ........................................................................................................................................................... 15
2. Eligibility and Approval ................................................................................................................................... 15
3. Leave Benefit Entitlements............................................................................................................................ 15
4. Conversion to Cash ....................................................................................................................................... 16
B. CITY PAID HOLIDAYS ........................................................................................................................ 16
C. SICK LEAVE ..................................................................................................................................... 16
D. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM .................................................................. 18
E. BEREAVEMENT LEAVE ....................................................................................................................... 18
F. RELEASE TIME .................................................................................................................................. 18
ARTICLE XIII - CITY RULES ..................................................................................................... 18
A. PERSONNEL RULES ......................................................................................................................... 18
B. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION .............................................................................. 18
1. Modification of Section 7 - Decertification and Modification ............................................................................... 19
C. RULES GOVERNING LAYOFF, REDUCTION IN LIEU OF LAYOFF AND RE-EMPLOYMENT .......................... 20
1. Part 1 - Layoff Procedure .................................................................................................................................. 20
2. Order of Layoff .................................................................................................................................................. 21
3. Notification of Employees .................................................................................................................................. 22
4. Part 2 - Bumping Rights .................................................................................................................................... 23
5. Part 3 - Re-Employment .................................................................................................................................... 24
ARTICLE XIV - MISCELLANEOUS ........................................................................................... 25
A. PHYSICAL EXAMINATION ................................................................................................................... 25
B. VEHICLE POLICY .............................................................................................................................. 26
C. DEFERRED COMPENSATION LOAN PROGRAM ..................................................................................... 27
D. COLLECTION OF PAYROLL OVERPAYMENTS ........................................................................................ 27
E. REQUIRED FINGERPRINTING OF EMPLOYEES THAT W ORK WITH SENIOR CITIZENS ................................ 28
F. ACTING ASSIGNMENT ....................................................................................................................... 28
G. RETURN TO WORK ........................................................................................................................... 28
H. CONTROLLED SUBSTANCE AND ALCOHOL TESTING............................................................................. 28
I. MANAGEMENT AND EXECUTIVE MANAGEMENT RELATIONS COMMITTEE ............................................... 28
J. PUBLIC EMPLOYEE DISASTER W ORKER ............................................................................................. 28
ARTICLE XV - CITY COUNCIL APPROVAL ............................................................................. 29
EXHIBIT A - SALARY SCHEDULE ........................................................................................................ 30
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EXHIBIT B - RETIREE SUBSIDY MEDICAL PLAN ................................................................................ 36
SCHEDULE OF BENEFITS ...................................................................................................................... 36
A. MINIMUM ELIGIBILITY FOR BENEFITS .............................................................................................. 36
B. DISABILITY RETIREES.................................................................................................................... 36
C. MAXIMUM MONTHLY SUBSIDY PAYMENTS .................................................................................................. 37
RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS ........................................................... 37
A. ELIGIBILITY ................................................................................................................................... 37
B. BENEFITS ..................................................................................................................................... 37
C. SUBSIDIES ................................................................................................................................... 38
D. MEDICARE ................................................................................................................................... 38
E. CANCELLATION ............................................................................................................................. 39
EXHIBIT C - VEHICLE USE/ASSIGNMENT ........................................................................................... 40
EXHIBIT D - PHYSICAL EXAMINATION DESCRIPTION....................................................................... 41
EXHIBIT E - 9/80 WORK SCHEDULE .................................................................................................... 42
9/80 WORK SCHEDULE DEFINED ........................................................................................................... 42
A. FORTY (40) HOUR W ORK W EEK ....................................................................................................... 42
B. TWO-W EEK PAY PERIOD .................................................................................................................. 42
C. A/B SCHEDULES .............................................................................................................................. 42
D. EMERGENCIES ................................................................................................................................. 43
LEAVE BENEFITS .................................................................................................................................. 43
EXHIBIT F- 4/10 WORK SCHEDULE ..................................................................................................... 44
EXHIBIT G - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM GUIDELINES .............. 45
762
MEMORANDUM OF UNDERSTANDING
between
THE CITY OF HUNTINGTON BEACH
(Hereinafter called CITY)
and
THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES’ ORGANIZATION
(Hereinafter called ASSOCIATION or MEO)
PREAMBLE
This Memorandum of Understanding is entered into by and between the City of
Huntington Beach, a Municipal Corporation of the State of California, herein called “City,” and
the Huntington Beach Management Employees’ Organization, a California Organization, herein
called “Association.”
WHEREAS, pursuant to California law, the City, acting by and through its designated
representatives, duly appointed by the governing body of said City, and the representatives of
the Association, a duly recognized employee association have met and conferred in good faith
and have fully communicated and exchanged information concerning wages, hours, and other
terms and conditions of employment for the period November 1, 20157 through October 31,
20179.
WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this
Agreement shall apply to all employees represented by the Association, and
WHEREAS, the representatives of the City and Association desire to reduce their agreements
to writing,
NOW THEREFORE, this Memorandum of Understanding (MOU) is made to become effective
November 1, 20157 and it is agreed as follows:
ARTICLE I - TERM OF MOU
This Agreement shall be in effect for a period of two (2) years commencing November 1, 20157
and ending midnight October 31, 201 79.
The parties agree to commence negotiations on a successor MOU by not later than July August
1, 20179.
ARTICLE II - REPRESENTATIONAL UNIT/CLASSIFICATIONS
It is recognized that the Association is the employee association which has the right to meet and
confer in good faith with the City on the behalf of employees whose classifications are li sted in
Exhibit A, attached hereto and incorporated by reference herein.
763
ARTICLE III – MANAGEMENT’S RIGHTS
The parties agree the City has the right to make unilateral management decisions that are
outside the scope of bargaining, as defined by state and federal law and Public Employment
Relations Board (PERB) decisions. Except as expressly abridged or modified here in, the City
retains all rights, powers and authority with respect to the management and direction of the
performance of City services and the work forces performing such services, provided that
nothing herein shall change the City’s obligation to meet and confer as to the effects of any
such management decision upon wages, hours and terms and conditions of employment or
be construed as granting the City the right to make unilateral changes in wages, hours and
terms and conditions of employment. Such rights include, but are not limited to, consideration
of the merits, necessity, level or organization of City services, including establishing of work
stations, nature of work to be performed, contracting for any work or operation, reasonable
employee performance standards, including reasonable work and safety rules and regulations
in order to maintain the efficiency and economy desirable for the performance of City services.
ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT
Except as otherwise expressly provided herein, the adoption of this Memorandum of
Understanding shall not change existing benefits and terms and conditions of employment
which have been established in prior Memoranda of Understanding, and/or provided for in the
Personnel and Departmental Rules of the City of Huntington Beach.
ARTICLE V - 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 resolution 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 VI - SALARY SCHEDULE
A. Salary Schedule
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.
1. Wage Increases
764
a. Effective the beginning of the pay period that includes October 1, 2016, all
bargaining unit members will receive a two-percent (2%) wage increase.
ARTICLE VII - SPECIAL PAY
A. Educational Tuition
1. Upon approval of the Department Head and the Director of Human Resources,
permanent employees may be compensated for courses from accredited educational
institutions, including vocational schools. Tuition reimbursement shall be limited to job-
related courses or job-related educational degree objectives and requires prior approval
by the Department Head and the Director of Human Resources.
2. Education costs shall be reimbursed to permanent employees for tuition, books, parking
(if a required fee) and any other required fees upon presentation of receipts. However,
the maximum reimbursement shall be not more than one thousand seven hundred and
fifty dollars ($1,750) in any fiscal year period per employee.
a. Employees may not carry-over and be reimbursed for prior fiscal year education
costs in successive fiscal years.
3. Reimbursements shall be made when the employee presents proof to the Director of
Human Resources that he/she has successfully completed the course with a grade of “C”
or better; or a “Pass” if taken for credit.
B. Bilingual Pay
Permanent employees who are required by their Department Head to use Spanish,
Vietnamese, or American Sign Language skills as part of their job assignment, shall be paid
an additional five-percent (5%) of their base hourly rate in addition to their regular bi-weekly
salary. Permanent employees may accept assignment s utilizing bilingual skills in other
languages on a short-term assignment with approval by the City Manager. Such employees
shall receive the additional five percent (5%) for every bi-weekly pay period that the
assignment is in effect. In order to be eligible for said compensation, an employee’s
language proficiency will be tested and certified by the Director of Human Resources or
designee. The special pay shall be effective the first full pay period following certification as
verified to the Department Head in writing by the Director of Human Resources or designee.
The parties agree that to the extent permitted by law, Bilingual Pay is special compensation
and shall be reported to CalPERS as such pursuant to Title 2 CCR, Section 571(a)(4)
Bilingual Premium.
ARTICLE VIII - UNIFORMS
765
The City agrees to provide uniforms to employees on active duty who are required to wear
uniforms.
A. General Policy
The City shall furnish uniforms to those employees designated by the various Department
Heads as required to wear a standard uniform for appearance, uniformity and public
recognition purposes, in the procedures and guidelines set forth hereinafter.
B. Affected Personnel
All employees in classifications listed below shall wear a standard City adopted uniform.
Each Department Head shall determine which employees must wear a uniform.
Department
Job
Type Classification Uniform Items
Community Dev 0125 Code Enforcement Supervisor 3-polo shirts, 2-pair of paints (khaki style), one hat and one pair of safety boots.
Community Dev 0072 Principal Electrical Inspector 5 Polo Shirts, 1 Jacket, 1 Windbreaker (not annually), 1 Hat, shoes PPE/Safety
Community Dev 0073 Inspection Supervisor 5 Polo Shirts, 1 Jacket, 1 Windbreaker (not annually), 1 Hat, shoes PPE/Safety
Community Dev 0076 Principal Inspector Plum/Mech 5 Polo Shirts, 1 Jacket, 1 Windbreaker (not annually), 1 Hat, shoes PPE/Safety
Community Dev 0075 Inspection Manager 5 Polo Shirts, 1 Jacket, 1 Windbreaker (not annually), 1 Hat, shoes PPE/Safety
Community Dev 0598 Building Manager 5 Polo Shirts, 1 Jacket, 1 Windbreaker (not annually), 1 Hat, shoes PPE/Safety
Community Srvcs 0044 Beach Operations Supervisor 5 Polo Shirts, 1 jacket (not annually), 1 pair boots (not annually), 1 hat
Community Srvcs 0133 Supv Parking & Camping Facility 5 shirts, 1 Jacket (not annually), 1 hat
Fire 0595 Assistant Fire Marshall 5 shirts, 5 pants, 1 dress shirt, 1 belt, 1 pair boots, 1 badge
Fire 0131 Fire Med Coordinator 1 blouse, 1 pant, 1 dress pant, 1 skirt, 1 pair dress shoes, 1 badge
Fire 0130 Fire Protection Analyst 5 shirts, 5 pants, 1 dress shirt, 1 belt, 1 pair boots, 1 badge
Police 0486 Detention Administrator 1 shirt/1 pants/1 jacket, 1 BDU pants/1 polo, name tag, tie, tie bar
C. Personal Protective Equipment
All personal protective equipment shall be provided based on employee safety needs for the
performance of duties as approved by the Department Head.
D. Employee Responsibilities
1. Wear a clean and complete uniform as required.
2. Uniform appearance shall include:
a. Patch to be worn above left shirt or jacket pocket.
b. Pants to have no cuffs.
c. Worn with pride in appearance to public, i.e., shirt buttoned, shirttail tucked in.
3. Wash and provide minimum repair; i.e., buttons, small tears.
4. Provide any alterations necessary including sewing on of City patches.
766
5. Wear uniform only when on duty or performing work for the City.
6. Notify supervisor of need to replace due to disrepair or severe staining prod ucing an
undesirable appearance.
7. Turn in all uniform components, including patches, upon termination.
8. Turn in all personal protective equipment upon termination.
9. Wear all personal protective equipment prescribed by the City safety officer and/or
Supervisor of the division.
E. City Responsibilities
1. Pay for City-required uniforms.
2. Report to the California Public Employees’ Retirement System (CalPERS) the cost of
uniforms provided as set forth in Section B (above) for each classification as special
compensation in accordance with Title 2, California Code of Regulations, Section
571(a)(5). For employees that are not required to wear uniforms on a daily basis or who
are not actively employed for an entire payroll calendar year, a prorated cost of unifo rms
may apply.
3. Provide one or more retail clothing outlets for the various allotments. City reserves the
right to name vendor.
4. Maintain records of purchases.
F. Department Head or Designee Responsibilities
1. Ensure employee compliance with the Uniform Policy.
2. Approve replacement of deteriorated uniform component(s) and personnel protective
equipment as required and to maintain a listing for each eligible employee, by name and
classification, of all uniform component(s) and personal protective equipment purchased.
3. Confirm receipt of uniforms, patches and personal protective equipment from an
employee upon termination. A Termination Checklist Form is to be completed, signed by
the employee, and submitted to the Human Resources Department.
4. Report to the Director of Human Resources any changes to the Uniform Listing by
Category/Classification (Section B above). The City reserves the right to add, delete,
change or modify the Uniform Listing as required.
ARTICLE IX - HOURS OF WORK/ADMINISTRATIVE LEAVE
It is the intent of the City to provide an opportunity for MEO employees to select a flex schedule
and/or alternative work schedule that is consistent with the City’s objective th at such schedules
shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency
as determined by the City Manager or designee.
767
A. Overtime
Employees represented herein shall not be eligible for paid overtime compensation.
B. Administrative Leave
1. Effective the beginning of the pay period following City Council final approval of this
agreement, full-time unit employees shall be granted a one-time increased allocation of
ten (10) hours of administrative leave for t he 2016 calendar year allotment. Part-time
(50%) employees shall be granted a one-time increased allocation of five(5) hours of
administrative leave for the 2016 calendar year allotment.
Effective January 2017 and therafter, all All full-time unit employees shall be entitled to sixty
(60) hours of administrative leave per calendar year. All part-time (50%) employees shall be
entitled to thirty (30) hours of administrative leave per calendar year. Administrative leave
shall not carry over to the next year and holds no cash value.
a.Effective the beginning of the pay period following City Council final approval of this
agreement, full time unit employees shall be granted a one -time (only) additional allotment of
ten (10) hours of Administrative Leave for the 2018 calendar year. Part time (50%) employees
shall be granted a one-time (only) additional allotment of five (5) hours of Administ rative Leave
for the 2018 calendar year. Administrative Leave shall not carry over to the next year and
holds no cash value.
i. The MOU provision regarding the additional one-time allotment of ten (10) hours of
Administrative Leave for calendar year 2018, will expire with the expiration of this
agreement and will not continue beyond the original expiration date of the agreement
(even if the MOU is subsequently extended or amended), nor will it be automatically
included as part of any successor MOU. The language as written herein sunsets.
C. Flex Schedule and Hours of Work
With supervisor and Department Head approval, MEO employees may flex regularly
scheduled start times between the hours of 7:00 a.m. to 9:00 a.m. Flex schedules shall not
reduce service to the public, departmental effectiveness, productivity and/or efficiency as
determined by the City Manager or designee.
MEO employees will have the option of working a 5/40 or 9/80 work schedule with supervisor
and Department Head approval. MEO employees assigned the 4/10-work schedule shall
retain the option of working the 4/10-work schedule with supervisor and Department Head
approval. In order to maintain service to the public, departmental effectiveness, productivity
and/or efficiency a Department Head may assign an employee a different work schedule that
is in compliance with the requirements of the Fair Lab or Standards Act (FLSA) with City
Manager approval.
1. 5/40 Work Schedule
768
The 5/40 work schedule shall be defined as working five (5) eight (8) hour days Monday
through Friday each week plus a one-hour lunch during each work shift, totaling a forty
(40) hour work week.
2. 9/80 Work Schedule
The 9/80 work schedule, as outlined in Exhibit HE, shall be defined as working nine (9)
days for eighty (80) hours in a two-week pay period by working eight (8) days at nine (9)
hours per day and working one (1) day for eight (8) hours (Friday), plus a one -hour lunch
during each work shift, totaling forty (40) hours in each FLSA work week. The 9/80-work
schedule shall not reduce service to the public, departmental effectiveness, productivity
and/or efficiency as determined by the City Manager or designee.
3. 4/10 Work Schedule
The 4/10 work schedule, as outlined in Exhibit IF, shall be defined as working four (4) ten
(10) hour days Monday through Thursday or Tuesday thru Friday each week plus a one -
hour lunch during each work shift, totaling a forty (40) hours work week. The assigned
4/10-work schedule must be in compliance with the requirements of FLSA and all other
applicable laws. The 4/10-work schedule shall not reduce service to the public,
departmental effectiveness, productivity and/or efficiency as determined by the City
Manager or designee.
ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS
A. Health
The The City shall make available group medical, dental and vision benefits to all employees. A
copy of the medical, dental and vision plan brochures may be obtained from the Human
Resources Department.
B. Eligibility, Criteria and Cost
1. City and Employee Paid Medical Insurance – Employees and Dependents
The City and employee shall each pay for health insurance premiums for qualified
employees and dependent(s) effective the first of the month following the employee’s
date of hire. The employee deduction for premium contributions shall be aligned with the
effective date of coverage and the ending date of coverage upon the employee’s
separation. The payroll deduction amount shall begin no later than the first full pay period
following the effective date of coverage and pro-rated for coverage through the end of
the month in which employment was separated.
769
2. Health and Other Insurance Premiums
a. Health Premiums and Contributions
City of Huntington Beach
2016 Health Premiums and Contributions
Effective 1/1/2016
MEO
Plan Tier Monthly
Premium
Employer
Monthly
Contrib
Employee
Monthly
Contrib
Employee
Bi-Weekly
Contrib
Kaiser
Single 466.65 373.12 93.53 43.17
Two-Party 1,022.11 653.53 368.58 170.11
Family 1,343.90 817.56 526.34 242.93
Blue Shield HMO
Single 671.00 401.43 269.57 124.42
Two-Party 1,466.00 711.06 754.94 348.43
Family 1,896.00 892.20 1,003.80 463.29
Blue Shield PPO
Single 736.00 501.17 234.83 108.38
Two-Party 1,555.00 857.80 697.20 321.78
Family 1,927.00 1,023.36 903.64 417.06
Blue Shield CDHP
Single 541.00 501.17 39.83 18.38
Two-Party 1,144.00 857.80 286.20 132.09
Family 1,416.00 1,023.36 392.64 181.22
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 25.12 17.84 7.28 3.36
Two-Party 25.12 17.84 7.28 3.36
Family 25.12 17.84 7.28 3.36
Medical Opt-Out: $373.12 per month
770
City of Huntington Beach
2016 Health Premiums and Contributions
Premiums Effective 1/1/2016
(Employer contributions (medical plans) effective pay period following final City Council approval of
agreement)
MEO
Plan Tier Monthly
Premium
Employer
Monthly
Contrib
Employee
Monthly
Contrib
Employee
Bi-Weekly
Contrib
Kaiser
Single 466.65 466.65 0.00 0.00
Two-Party 1,022.11 853.53 168.58 77.81
Family 1,343.90 1,017.56 326.34 150.62
Blue Shield HMO
Single 671.00 601.43 69.57 32.11
Two-Party 1,466.00 911.06 554.94 256.13
Family 1,896.00 1,092.20 803.80 370.99
Blue Shield PPO
Single 736.00 701.17 34.83 16.08
Two-Party 1,555.00 1,057.80 497.20 229.48
Family 1,927.00 1,223.36 703.64 324.76
Blue Shield CDHP
Single 541.00 541.00 0.00 0.00
Two-Party 1,144.00 1,057.80 86.20 39.78
Family 1,416.00 1,223.36 192.64 88.91
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 25.12 17.84 7.28 3.36
Two-Party 25.12 17.84 7.28 3.36
Family 25.12 17.84 7.28 3.36
Medical Opt-Out: $466.65 per month ($215.38 bi-weekly)
2018 Health Premiums and Contributions
Effective 11/1/2018
MEO
Plan Tier Monthly
Premium
Employer
Monthly
Contribution
Employee
Monthly
Contribution
Employee
Bi-Weekly
Contribution
Kaiser Single 530.00 530.00 0.00 0.00
Two-Party 1,142.00 953.53 188.47 86.99
771
Family 1,495.00 1,117.56 377.44 174.20
Blue Shield HMO
Single 705.00 701.43 3.57 1.65
Two-Party 1,540.00 1,011.06 528.94 244.13
Family 1,992.00 1,192.20 799.80 369.14
Blue Shield PPO
Single 750.00 750.00 0.00 0.00
Two-Party 1,585.00 1,157.80 427.20 197.17
Family 1,964.00 1,323.36 640.64 295.68
Blue Shield CDHP
Single 551.00 551.00 0.00 0.00
Two-Party 1,166.00 1,157.80 8.20 3.78
Family 1,443.00 1,323.36 119.64 55.22
Delta Dental PPO
Single 56.00 42.88 13.12 6.06
Two-Party 104.60 81.82 22.78 10.51
Family 137.90 116.36 21.54 9.94
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 17.84 6.02 2.78
Two-Party 23.86 17.84 6.02 2.78
Family 23.86 17.84 6.02 2.78
Medical Opt-Out (As stated in Article X.4): $530.00 per month ($244.62 bi -weekly)
Employee and City contributions subject to change as a result of contract negotiations
2019 Health Premiums and Contributions
Effective 1/1/2019
MEO
Plan Tier Monthly
Premium
Employer
Monthly
Contribution
Employee
Monthly
Contribution
Employee
Bi-Weekly
Contribution
Kaiser
Single 551.00 551.00 0.00 0.00
Two-Party 1,188.00 1,053.53 134.47 62.06
Family 1,555.00 1,217.56 337.44 155.74
Blue Shield HMO
Single 733.00 733.00 0.00 0.00
Two-Party 1,602.00 1,111.06 490.94 226.59
Family 2,072.00 1,292.20 779.80 359.91
Blue Shield PPO
Single 780.00 780.00 0.00 0.00
Two-Party 1,649.00 1,257.80 391.20 180.55
Family 2,043.00 1,423.36 619.64 285.99
Blue Shield CDHP
Single 573.00 573.00 0.00 0.00
Two-Party 1,213.00 1,213.00 0.00 0.00
Family 1,501.00 1,423.36 77.64 35.83
772
Delta Dental PPO
Single 56.00 42.88 13.12 6.06
Two-Party 104.60 81.82 22.78 10.51
Family 137.90 116.36 21.54 9.94
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 23.33 17.84 5.49 2.53
Two-Party 23.33 17.84 5.49 2.53
Family 23.33 17.84 5.49 2.53
Medical Opt-Out (As stated in X.4): $551.00 per month ($254.31 bi-weekly)
Employee and City contributions subject to change as a result of contract negotiations
3. Future Premiums and City Contributions
Effective the beginning of the pay period following City Council final approval of this
agreement, the City’s contribution to medical premiums (only) will be increased $2100.00
per month, per medical plan, per enrollment tier, up to, but not to exceed the monthly
plan premium cost.
Effective January 1, 20179, the City’s monthly contribution to medical premiums (only)
will be increased $100.00 per month, per medical plan, per enrollment tier, up to, but not
to exceed the monthly plan premium cost. toward Kaiser (SINGLE ONLY PLAN), will be
increased a maximum of $106.47. Effective January 1, 2017, the City’s monthly
contribution towards Blue Shield CHDP (SINGLE ONLY PLAN ) will be increased a
maximum of $160.17. All other City contributions towards medical plan rates will remain
unchanged.
For the term of this agreement, and thereafter unless modified by negotiated agreement
of the parties, the City’s monthly contributions to medical, dental and vision insurance
shall remain as specified for the 20169 Health Premiums and Contribution amounts,
unless otherwise specified herein.
As a result of these formulas, it is understood that the employee contribution shall not
decrease during the term of this Agreement nor is there any expectation of compensation
or benefit in the event the City’s contribution cap is not reached.
Employee payroll deductions shall be made on a pre-tax basis.
4. Medical Cash-Out
If an employee is covered by a group medical plan outside of a city-provided program
(evidence of which must be supplied to the Human Resources Department), the
employee may elect to discontinue City medical coverage and receive the amount equal
to the City’s contribution to the lowest cost, Employee-only medical premium offered to
this unit.
5. Section 125 Plan
773
This plan allows employees to use pre-tax salary to pay for childcare, adult dependent
care and/or medical expenses allowable under the Internal Revenue Service rules for a
Section 125 plan.
C. Life and Accidental Death & Dismemberment
Each employee is provided with $50,000 (fifty thousand) life insurance and $50,000 (fifty
thousand) accidental death & dismemberment insurance paid for by the City. Each
employee shall have the option, at his or her own expense, to purchase additional amounts
of life insurance and accidental death & dismemberment insurance to the extent provided by
the City’s current providers. Evidence of insurability is contingent upon total participation in
additional amounts.
774
D. Long Term Disability Insurance
This program provides, for each incident of illness or injury, a waiting period of thirty (30)
calendar days, during which the employee may use accumulated sick leave, general leave
pay, or the employee may elect to be in an unpaid status. Subsequent to the thirty (30) day
waiting period, the employee will be covered by an insurance plan paid for by the City,
providing 66 2/3 (sixty six and two-third) percent of the first $12,500 (twelve thousand five
hundred) of the employee’s basic monthly earnings.
The maximum benefit period for disability due to accident or sickness shall be to age sixty
five (65).
Days and months refer to calendar days and months. Benefits under the plan are integrated
with sick leave, Worker’s Compensation, Social Security and other non-private program
benefits to which the employee may be entitled. Disability is defined as: “The inability to
perform all of the duties of regular occupation during two years, and thereafter the inability
to engage in any employment or occupation for which the employee is fitted by reason of
education, training or experience.” Rehabilitation benefits are provided in the event the
individual, due to disability, must engage in another occupation. Survivor’s benefits continue
plan payment for three (3) months beyond death. A copy of the plan is on file in the Human
Resources Department.
The intent of long term disability is to assist employees who are off work for an extended
period of time. While long term disability benefits can be coordinated with accrued leave
benefits to achieve one hundred percent (100%) of regular salary, no employee may receive
more than their regular salary while receiving disability benefits and paid leave.
E. Miscellaneous
1. City-Paid Premiums While on Medical Disability
When an employee is off work without pay for reason of medical disability, the City shall
maintain the City-paid employee’s insurance premiums during the period the employee
is in an unpaid status for the length of said leave, not to exceed twenty-four (24) months.
2. Insurance and Benefits Advisory Committee
The City and the Association participate in a City-wide joint labor and management
insurance and benefits advisory committee to discuss and study issues relating to
insurance and benefits available for employees.
F. Retiree Medical Coverage for Retirees Not Eligible for the City Medical Retiree Subsidy Plan
775
Employees who retire from the City after January 1, 2004 and 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 City-sponsored medical
insurance plans until the first of the month in which they turn age sixty-five (65).
The retiree shall pay the full premium for City-sponsored medical insurance for him/her self
and/or qualified dependents without any City subsidy.
Employees who retire from the City and receive a retirement allowance from the California
Public Employees’ Retirement System and are not eligible for the City’s Retiree Subsidy
Medical Plan and choose not to participate in City-sponsored medical insurance upon
retirement, permanently lose eligibility for this insurance.
However, if a retiree who is not eligible for the City’s Retiree Subsidy Medical Plan chooses
not to participate in City-sponsored 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 qualified dependents will have access to City -sponsored medical
insurance plans reinstated.
Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree
or qualified dependent turns age sixty-five (65).
G. 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 City -sponsored medical
insurance, with or without the Retiree Medical Subsidy Plan, may participate in City -
sponsored medical insurance plans that are supplemental to Medicare.
A retiree or qualified dependent must choose to participate in City-sponsored 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 City-sponsored medical insurance
plans that are supplemental to Medicare for him/herself or qualified dependents without any
City subsidy.
Retirees or qualified dependents, upon turning age sixty five (65), who choose not to
participate in City-sponsored medical insurance plans that are supplemental to Medicare
permanently lose their eligibility for this insurance.
H. Annual Maximum Benefit for Dental PPO Plan
The Dental PPO plan maximum annual benefit is $2,000.
ARTICLE XI - RETIREMENT BENEFITS
A. Benefits
776
1.2. Self Funded Supplemental Retirement Benefit
Employees hired prior to August 17, 1998 are eligible for the Self -Funded Supplemental
Retirement Benefit, which provides that:
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
options and the unmodified allowance which the member would have received for his
or her life alone as provided in California Government Code sectio ns 21455, 21456,
21457, and 21458 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 at the sole
discretion of the City. This benefit is vested for employees covered by this Agreement.
b. Employees hired on or after August 17, 1998 shall not be eligible for this benefit
referenced in A.1.a. herein above.
2.3. Medical Insurance for Retirees
a. Medical Insurance Upon Retirement
Upon retirement, whether service or disability, each employee shall have the
following options in regards to medical insurance under City-sponsored plans:
i. With no change in benefits, retirees can stay in any of the plans offered by the
City, at the retiree’s own expense, for the maximum time period allowed by
Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) Federal or
State Law, or
ii. Retirees retiring after approval of this MOU may participate in the Retiree Subsidy
Medical Plan, attached hereto as Exhibit B, or the Health Maintenance
Organization (HMO) Plan currently being offered to retirees at the retiree’s own
expense if the requirements set forth in Exhibit B are met, or if the retiree meets
the eligibility requirements described in Exhibit B, the retiree may receive a
subsidy from the City for retiree medical insurance pursuant to the schedule set
forth in Exhibit B.
B. Public Employees’ Retirement System Reimbursement and Reporting
1. Miscellaneous Unit Members
a. The City shall provide all miscellaneous employees described as “classic” members
by the California Public Employees’ Pension Reform Act of 2013 – “PEPRA” with that
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certain retirement program commonly known and described as the “2.5% at age 55
plan” which is based on the retirement formula as set forth in the California Public
Employees’ Retirement System (CalPERS), Section 21354 of the California
Government Code.
b. All miscellaneous bargaining unit “classic” members shall pay to CalPERS as part of
the required member retirement contribution eight percent (8%) of pensionable
income. This provision shall not sunset at the end of this agreement.
c. The City shall contract with CalPERS to have retirement benefits calculated based
upon the “classic” member employee’s highest one year’s compensation, pursuant to
the provisions of Section 20042 (highest single year).
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. For “New” Members within the meaning of the California Public Employees’ Pension
Reform Act of 2013.
i. “New” Members shall be governed by the two percent at age 62 (2% @ 62)
retirement formula set forth in Government Code section 7522.20.
ii. Final compensation will be based on the highest annual average co mpensation
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.
iii. All “new” members as defined by PEPRA and determined by CalPERS, shall
contribute one half (50%) of the normal cost as established by CalPERS.
2. Pre-Retirement Optional Settlement 2 Death Benefit
Employees receive the benefit of the Pre-Retirement Optional Settlement 2 Death
Benefit, as identified in Government Code Section 21548 with CalPERS.
3. Fourth Level of 1959 Survivor Benefits
Employees receive the benefit of the Fourth Level of the 1959 Survivor Benefit, as
identified in Government Code Section 21574 with CalPERS.
4. The City has adopted the CalPERS Resolution in accordance with IRS Code section
414(h)(2) and 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.
ARTICLE XII - LEAVE BENEFITS
A. General Leave
1. Accrual
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Employees accrue General leave at the accrual rates outlined below. General leave may
be used for any purpose, including vacation, sick leave, and personal leave.
2. Eligibility and Approval
a. General leave must be pre-approved except for illness, injury or family sickness,
which may require a physician’s statement for approval. General leave accrued time
is to be computed from the employee’s anniversary of their hiring date.
b. Employees are not permitted to take general leave in excess of actual time earned.
Employees shall not accrue general leave in excess of six hundred forty (640) hours.
An employee who earns general leave hours in excess of six hundred forty (640)
hours shall be paid the cash value of those additional hours in their paycheck .
i. Employees in this unit hired on or after October 1, 2016, shall not be eligible for
this benefit. General Leave shall be capped at six hundred forty hours (640) for
employees hired on or after 10/1/16. This provision shall not sunset at the
expiration of this agreement.
c. Employees may not use their general leave to advance their separation date on
retirement or other separation from employment.
3. Leave Benefit Entitlements
The City shall comply with all State and Federal leave benefit entitlement laws. An
eligible employee on an approved leave is permitted to use earned Sick Leave, General
Leave, and/or Administrative Leave for serious and non-serious family or personal health
issues. For more information on employee leave options contact the Human Resources
Department.
4. Conversion to Cash
Twice during each fiscal year, each employee has the option to convert into a cash
payment or deferred compensation up to a total of one hundred sixty (160) hours of
earned general leave benefits at the base hourly rate. The employee shall give two (2)
weeks advance notice to Payroll of his/her desire t o exercise such option.
B. City Paid Holidays
Years of Service Annual General Leave
Allowance
Bi-Weekly General Leave
Allowance
First through Fourth Year 176 Hours 6.77
Fifth through Ninth Year 200 Hours 7.69
Tenth through Fourteenth Year 224 Hours 8.62
Fifteenth Year and Thereafter 256 Hours 9.85
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Permanent full-time employees shall receive the following paid holidays per the employee’s
regularly scheduled work shift:
1. New Year’s Day (January 1)
2. Martin Luther King Jr., (third Monday in January)
3. Presidents 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. Veteran’s Day (November 11)
8. Thanksgiving Day (fourth Thursday in November)
9. The Friday after Thanksgiving
10. Christmas Day (December 25)
Any day declared by the President of the United States to be a national holiday and
adopted as an employee holiday by the City Council of Huntington Beach.
City paid holidays which fall on Saturday shall be observed the preceding Friday, and
those falling on Sunday shall be observed the following Monday.
a. In the event that an employee is required to work on a City paid holiday, the holiday
hours shall be credited to the employee’s general leave bank. Approval of this
transaction shall be handled by the Department Head or designee, in the payroll
period that includes the holiday worked.
b. If a City paid holiday falls on an employee’s scheduled day off and with approval from
the Department Head or designee, the employee may take another day off during the
same payroll period as the holiday or opt to be credited with general leave the number
of hours of the employee’s regularly scheduled work shift.
c. A permanent half-time (1/2) or three quarter-time (3/4) employee shall have City paid
holidays paid as time off with a pro-rated amount of four (4) or six (6) hours,
respectively.
C. Sick Leave
1. Accrual – No employee shall accrue sick leave after December 24, 1999.
2. Credit – Employees shall carry forward their sick leave balance and shall no longer accrue
sick leave credit.
3. Usage – Employees may use accrued sick leave for the same purposes for which it was
used prior to December 25, 1999.
4. Pay Off At Termination
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a. Employees on the payroll on November 20, 1978 are entitled to the following sick
leave payoff plan:
At involuntary termination by reason of disability, or retirement, employees (or in the
case of death, their beneficiary) shall be compensated at their then current rate of pay
for seventy-five percent (75%) of all unused sick leave accumulated as of July 1, 1972,
plus fifty percent (50%) of unused sick leave accumulated subsequent to July 1, 1972,
up to a maximum of seven hundred twenty (720) hours of unused, accumulated sick
leave, except as provided in paragraph 4 below.
Upon termination for any other reason, employees shall be compensated at their then
current rate of pay for fifty percent (50%) of all unused, accumulated sick leave, up to
a maximum of seven hundred twenty (720) hours of such accumulated sick leave.
b. Employees hired after November 20, 1978 shall be entitled to the following sick leave
payoff plan:
Upon termination, all employees shall be paid, at their then current salary rate, for
twenty-five percent (25%) of unused, earned sick leave to four hundred eighty (480)
hours accrued, and for thirty-five percent (35%) of all unused, earned sick leave in
excess of four hundred eighty (480) hours, but not to exceed seven hundred twenty
(720) hours, except as provided in paragraph 4 below.
c. Except as provided in paragraph 4d. below, no employee shall be paid at termination
for more than seven hundred twenty (720) hours of unused, accumulated sick leave.
However, employees may utilize accumulated sick leave on the basis of “last in, first
out” meaning that sick leave accumulated in excess of the maximum for payoff may
be utilized first for sick leave, as defined in Personnel Rule 18-8.
d. Employees who had unused, accumulated sick leave in excess of seven hundred
twenty (720) hours as of July 5, 1980, shall be compensated for such excess sick
leave remaining on termination under the formulas described in paragraphs 1 and 2
above. In no event shall any employee be compensated upon termination for any
accumulated sick leave in excess of the “cap” established by this paragraph
(i.e., seven hundred twenty (720) hours plus the amount over seven hundred twenty
(720) hours existing on July 5, 1980). Employees may continue to utilize sick leave
accrued after that date in excess of such “cap” on a “last in, first out” basis.
e. To the extent that any “capped” amount of excess sick leave over seven hundred
twenty (720) hours is utilized, the maximum compensable amount shall be
correspondingly reduced. (Example: Employee had 1,000 hours accumulated. Six
months after July 5, 1980, employee has accumulated another 48 hours. Employee
is then sick for 120 hours. Employee’s maximum sick leave “cap” for compensation
at termination is now reduced by seventy two (72) hours to nine hundred twenty eight
(928) hours).
f. Employees electing to participate in the City’s group health ins urance program after
retirement can request the premiums to be paid by the City out of any available funds
due and owing them under the terms of this agreement for unused sick leave benefits
upon retirement.
D. Voluntary Catastrophic Leave Donation Program
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Under certain conditions, an employee may donate leave time to another employee in need.
The program is outlined in Exhibit G.
E. Bereavement Leave
Employees shall be entitled to bereavement leave not to exceed twenty-four (24) work hours
in each instance of death in the immediate family. Immediate family is defined as father,
mother, sister, brother, spouse, registered domestic partner, children, grandfather,
grandmother, stepfather, stepmother, step grandfather, step grandmother, grandchildren,
stepsisters, stepbrothers, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-
in-law, sister-in-law, stepchildren, or wards of which the employee is the legal guardian.
F. Release Time
Notwithstanding any other provisions of this Agreement, the Association and the City agree
to continue discussion during the term of the MOU on Release Time for negotiation,
including City’s consideration of the number of hours, based on the establishment of a
mutually agreed upon written provision for the use of such leave by Association
representatives and its members. Such leave shall be limited to use for the purpose of
Association business not covered within the scope of legal requirements. It remains the
City’s intent to enforce reasonable standards for the administration and control of current
Release Time use.
ARTICLE XIII - CITY RULES
A. Personnel Rules
All MOU provisions that supersede the City’s Personnel Rules shall automatically update
the City’s Personnel Rules and be incorporated into such rules.
B. Employer-Employee Relations Resolution
During the term of the agreement, the City and the Association agree to update the
Employee-Employer Relations Resolution to reflect current State law.
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1. Modification of Section 7 – Decertification and Modification
a. The City and the Association desire to maintain labor stability within the
representational unit to the greatest extent possible, consi stent with the employee's
right to select the representative of his or her own choosing. For these purposes, the
parties agree that this Agreement shall act as a bar to appropriateness of this unit and
the selection of the representative of this unit, except during the month of August prior
to the expiration of this Agreement. Changes in bargaining unit shall not be effective
until expiration of the MOU except as may be determined by the Personnel
Commission pursuant to the procedures outlined below. This p rovision shall modify
and supersede the time limits, where inconsistent, contained in Section 7 of the
current Employer-Employee Relations Resolution of the City of Huntington Beach.
b. The City and the Association have agreed to a procedure whereby the City , by and
through the Director of Human Resources, would be entitled to propose a Unit
Modification. The Association and the City agree to jointly recommend a modification
of the City of Huntington Beach Employer-Employee Relations Resolution (Resolution
Number 3335) upon the City having completed its obligation to meet and confer on
this issue with all other bargaining units.
The proposed change to the Employer-Employee Relations Resolution is as follows:
7.3 Director of Human Resources Motion of Unit Modification - The Director of Human
Resources may propose, during the same period for filing a petition for decertification,
that an established unit be modified in accordance with the following procedure:
i. The Director of Human Resources shall give written notice of the proposed
modification(s); to any affected employee organization and any affected
employees.
ii. The Personnel Commission shall hold a meeting concerning the proposed
modification(s) at which time all affected employee organizatio ns and employees
shall be heard.
iii. Thereafter, the Personnel Commission shall determine the composition of the
appropriate unit or units and shall give written notice of such determination to the
affected employee organizations and any affected employees.
The City Manager, employee organization or employee aggrieved by an
appropriate unit determination of the Personnel Commission may, within ten (10)
days of notice thereof, request a review of such determination by the City Council.
Within thirty (30) days of receipt of a request to review a unit determination of the
Personnel Commission the City Council shall review the matter. The City
Council’s decision shall be final.
iv. Except as provided otherwise in this MOU, the salary, benefit, and working
conditions specified by this MOU shall be provided to employees in classifications
listed in Exhibit A and have completed or are in the process of completing a
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probationary period in a permanent position in the competitive service in which the
employee regularly works twenty (20) hours or more per week.
C. Rules Governing Layoff, Reduction in Lieu of Layoff and Re -Employment
1. Part 1 – Layoff Procedure
a. General Provisions
1) Whenever it is necessary, because of lack of work or funds to reduce the staff of
a City department, employees may be laid off pursuant to these rules.
2) Whenever an employee is to be separated from the competitive service because
the tasks assigned are to be eliminated or substantially changed due to
management-initiated changes, including but not limited to automation or other
technological changes, it is the policy of the City that steps be taken by the Human
Resources Department on an interdepartmental basis to assist such employee in
locating, preparing to qualify for, and being placed in other position s in the
competitive service. This shall not be construed as a restriction on the City
government in effecting economies or in making organizational or other changes
to increase efficiency.
3) A department shall reduce staff by identifying which positions wi thin the
department are to be eliminated.
4) The employee who has the least City-wide service credit in the class within the
department shall have City-wide transfer rights in the class pursuant to Part 1,
Section 3, Transfer or Reduction to Vacancies in Lieu of Layoffs, or within the
occupational series pursuant to Part 2, Bumping Rights.
5) If a deadline within this procedure falls on a day that City Hall is closed, the
deadline shall be the next day City Hall is open.
b. Service Credit
1) Service credit means total time of full-time continuous service within the City at the
time the layoff is initiated, including probation, paid leave, or military leave.
Permanent part-time employees earn service credit on a pro-rata basis.
2) Except as required by law, leaves of absence without pay shall not earn service
credit.
3) As between two or more employees who have the same amount of service credit,
the employee who has the least amount of service in class shall be deemed to be
the least senior employee.
c. Transfer or Reduction to Vacancies in Lieu of Layoff
784
1) In lieu of layoff, a transfer within class shall be offered to an employee(s) with the
least amount of service credit in the class designated for staff reduction within a
department subject to the following:
a) The employee has the necessary qualifications to perform the duties of the
position.
b) The employee shall be given the opportunity, in order of service credit, to
accept a transfer to a vacant position in the same class within the City, provided
the employee has the necessary qualifications to perform the duties of the
position.
c) If no position in the same class is vacant, the employee shall be given the
opportunity, in order of service credit, to transfer to the position in the same
class that is held by an incumbent in another department with the least amount
of service credit whose position the employee has the necessary qualifications
to perform.
2) If an employee(s) is not eligible for transfer within the employee's class, the
employee shall be offered, in order of service credit, a reduction to a vacant
position in the next lower class within the City in the occupational series in lieu of
layoff provided the employee has the necessary qualifications to perform the
duties of the position.
3) If the employee refuses to accept a transfer or reduction pursuant to a. or b.,
above, the employee shall be laid off.
a) If the employee(s) in the class with the least amount of service credit is in the
position(s) to be eliminated or displaced by transfer, the employee shall be
offered bumping rights, pursuant to Part 2, Bumping Rights.
b) Any employee who takes a reduction to a positi on in a. lower class within the
occupational series in lieu of layoff shall be placed on the
reinstatement/reemployment list(s) pursuant to Part 3. Re-employment.
2. Order of Layoff
a. Prior to implementing a layoff, vacant positions that are authorized to be filled shall
be identified by City-wide occupational series. If the employee refuses to accept a
position pursuant to Section 3. above, the employee shall be laid off.
b. No promotional probationary employee or permanent employee within a class in the
department shall be laid off until all temporary, nonpermanent part-time and non-
promotional probationary employees in the class are laid off. Permanent employees
whose positions have been eliminated may exercise citywide bumping rights to a
lower class in the occupational series pursuant to Part 2.
785
c. When a position in a class and/or occupational series is eliminated, any employee
in the class who is on authorized leave of absence or is holding a temporary acting
position in another class shall be included for determining order of service credit and
be subject to these layoff procedures as if the employee was in his or her permanent
position.
3. Notification of Employees
a. The Human Resources Department shall give written notice of layoff to the
employee by personal service or by sending it by certified mail to the last known
mailing address at least thirty (30) calendar days prior to the effective date of the
layoff. Normally notices will be served on employees personally at work.
b. Layoff notices may be initially issued to all employees who may be subject to layoff
as a result of employees exercising voluntary reduction/bumping rights.
c. The notice of layoff shall include the reason for the layoff, the effective date of the
layoff, the employee's hire date, and the employee's service credit ranking. The
notice shall also include the employee's right to bump the person in a lower class
with the least service credit within the occupational series provided the employee
possesses the necessary qualifications to successfully perform the duties in the
lower class and the employee has more service credit than the incumbent in the
lower class.
d. The written layoff notice given to an employee shall include notice that he or she
has seven (7) calendar days from the date of personal service, or date of delivery
of mail if certified, to notify the Director of Human Resources in writing if the
employee intends to exercise the employee's bumping rights, if any, pursuant to
Part 2, Bumping Rights.
e. Whenever practicable, any employee with the least amount of service credit in a
lower class within an occupational series which is identified for work force reduction
shall also be given written notice that such employee may be bumped pursuant to
Part 2. This notice shall include the items referred to in C., above.
f. If an employee disagrees with the City's computation of service credit or listed date
of hire, the employee shall notify the Director of Human Resources as soon as
possible, but in no case later than five (5) calendar days after the personal service
or certified mail delivery. Disputes regarding date of hire or service credit shall be
jointly reviewed by the Director of Human Resources and the employee and/or the
employee's representative as soon as possible, but in no case later than five (5)
calendar days from the date the employee notifies the Director of Human Resources
of the dispute. Within five (5) calendar days after the dispute is reviewed, the
employee shall be notified in writing of the decision.
4. Part 2 – Bumping Rights
a. Voluntary Reduction or Bumping in Lieu of Layoff
786
1) A promotional probationary employee or permanent employee who receives a
layoff notice may request a reduction to a position in a lower class within the
occupational series provided the employee possesses the necessary
qualifications to perform the duties of the position.
2) Employees electing reduction under “a” above, shall be reduced to a position
authorized to be filled in a lower class within the employee's occupational series.
The employee may reduce to a lower class in his/her occupational series by: 1)
filling a vacancy in that class, or 2) if no vacancy exists, displacing the employee
in the class with the least service credit whose position the employee has the
necessary qualifications to perform. A displaced employee shall have bumping
rights.
3) An employee who receives a layoff notice must exercise bumping rights within
seven (7) calendar days of receipt of the notice as specified in Part 1 - Layoff
Procedure. Failure to respond within the time limit shall result in a reputable
presumption that the employee does not intend to exercise any right of reduction
or bumping to a lower class. The employee must carry the burden of proof to show
that the employee's failure to respond within the time limits was reasonable. If the
employee establishes that failure to respond within the time limit was reasonable,
to the Director of Human Resources satisfaction, the employee shall be permitted
to exercise bumping rights, but shall not be reinstated to a paid position until the
employee to be bumped has vacated the position. If the employee disagrees with
the Director of Human Resources decision, the employee may appeal pursuant to
the provisions of Sections 3 and 4 below.
b. Reinstatement/Re-Employment Lists
Any employee who takes a reduction to a position in a lower class within the
occupational series in lieu of layoff shall be placed on tile reinstatement/re -
employment list pursuant to Part 3, Re-Employment.
c. Qualifications Appeal
Any employee who is denied a reduction to a position in a lower class wi thin the
occupational series on the basis that the employee does not possess the necessary
qualifications to successfully perform the duties of the lower position may appeal the
decision. The appeal shall be filed with the Director of Human Resources within five
(5) calendar days of the employee's receipt of written notice of the decision and
reason(s) for denial. The employee's appeal shall be in writing and shall include
supporting facts or documents supporting the appeal.
d. Qualifications Appeal Hearing
787
1) Upon receipt of an appeal, the Director of Human Resources shall contact a
mediator from the California State Mediation and Conciliation Service to schedule
a hearing within two (2) weeks after receipt of the appeal. If the California State
Mediation and Conciliation Service is not available within that time fram e, the
parties shall mutually select a person who is available within the time frame. If the
California State Mediation and Conciliation Service and the person mutually
selected are not available within the time frame, the parties shall select the
earliest date either is available to conduct the hearing. The parties shall split the
cost, if any, of the hearing officer. In addition, the parties shall meet within three
(3) workdays to attempt to resolve the dispute. If the dispute remains unresolved,
the parties shall endeavor in good faith to submit to the hearing officer a statement
of all agreed upon facts relevant to the hearing.
2) Appeal hearings shall be limited to two (2) hours, except as otherwise agreed by
the parties or directed by the hearing officer.
3) The hearing officer shall attempt to resolve the dispute by mutual agreement if
possible. If no agreement is reached, the hearing officer shall render a decision
at the conclusion of the hearing, which shall be final and binding
5. Part 3 – Re-Employment
a. Re-Employment
1) Employees who are laid off or reduced in class to avoid layoff shall have their
names placed upon a re-employment list, for each class in the occupational
series, in seniority order at or below the level of the class from which laid off or
reduced.
2) Names of persons placed on the re-employment lists shall remain on the list for
two (2) years from the date of layoff or reduction.
3) Vacancies shall be filled from the re-employment list for a class, starting at tile top
of the list, providing that the person meets the necessary qualifications for tile
position.
4) Names of persons are to be removed from the reemployment list for a class if on
two (2) occasions they decline an offer of employment or on two (2) occasions
fail to respond to offers of employment in a particular class within five (5) calendar
days of receipt of written notice of an offer. Any employee who is dismissed from
the City service for cause shall have his or her name removed from all re -
employment lists.
5) Re-employment lists shall be available to HBMEO and affected employees upon
reasonable request,
6) Qualification appeals involving re-employment rights shall be resolved in the
same manner as that identified in Part 2. Section 4.
788
b. Status on Re-Employment
1) Persons re-employed from layoff within a two (2) year period from the date of
layoff shall receive the following considerations and benefits:
a) Service credit held upon layoff shall be restored, but no credit shall be
added for the period of layoff.
b) Prior service credit shall be counted toward General Leave accruals.
c) Employees may cash in sick leave upon layoff or at any time after layoff in
the manner and amount set forth in existing Memoranda of Understa nding
for that employee's unit. General Leave shall be paid to an employee when
the re-employment list(s) expire(s), if not previously paid.
d) Upon reinstatement the employee may have his or her General Leave re-
credited by repayment to the City the cashed amount.
e) The employee shall be returned to the salary step of the classification held
at the time of the layoff and credited with the time previously served at that
step prior to being laid off.
f) The probationary status of the employee shall resume if incomplete.
2) Employees who have been reduced in class to avoid layoff and are returned
within two (2) years to their former class shall be placed at the salary step of the
class they held at the time of reduction and have their merit increase eligibility
date recalculated.
ARTICLE XIV - MISCELLANEOUS
A. Physical Examination
Employees shall be provided, once every two (2) years, with a City-paid physical
examination. Said exam shall be comprehensive in nature and shall include:
1. A complete medical history, physical exam, laboratory testing and review of results by a
physician. (See Exhibit D, Physical Exam Description.)
2. A stress EKG will be provided for employees forty (40) years of age or older.
No more than one-half (1/2) of the eligible employees shall receive examinations in any one
fiscal year.
B. Vehicle Policy
1. Approval is required by the City Manager or his/her designee for any City vehicle to be
taken home by an employee.
789
2. Approval is required by the City Manager for any individual occupying a classification
eligible for the auto allowance to receive the compensation.
3. The auto allowance for qualifying employees is two hundred seven dollars and sixty-nine
cents ($207.69) bi-weekly.
4. No unit employee shall have their automobile allowance eliminated until the City’s Fleet
Management Policy is re-negotiated.
5. Eligibility for automobile allowance shall be determined in accordance with the City’s
Fleet Management Program dated August 1999 and as specified pursuant to
Administrative Regulation 407
6. Employees assigned to drive a city vehicle and/or employees receiving an Auto
Allowance will participate in the DMV Pull Notice Program.
7. Employees in the following classifications are eligible to receive Auto Allowance:
Assistant to the City Manager
Assistant Fire Marshal
Beach Operations Supervisor
Building Manager
Business Systems Manager
City Engineer
Community Services Manager
Construction Manager
Deputy City Treasurer*
Deputy Director of Economic Development
Detention Administrator
Facilities, Development & Concessions Manager
Facilities Maintenance Supervisor
Fleet Operations Supervisor
General Services Manager
Inspection Manager
Inspection Supervisor
Landscape Maintenance Supervisor
Maintenance Operations Manager
Parking/Camping Facility Supervisor
Police Administrative Division Services Manager
Police Communications Manager
Police Records Administrator
Principal Electrical Inspector
Principal Plumbing Mechanical Inspector
Street Maintenance Supervisor
Transportation Manager
Tree Maintenance Supervisor
Utilities Manager
790
Wastewater Supervisor
Water Distribution Supervisor
Water Production Supervisor
Water Quality Supervisor
*Grandfathered incumbent only.
C. Deferred Compensation
1. Loan Program
In accordance with federal law, employees may borrow from their deferred compensation
funds for critical needs such as medical costs, college tuition, or purchase of a home.
2. Deferred Compensation Contribution at Time of Separation
In accordance with Internal Revenue Service rules, the value of any unused earned leave
benefits may be transferred to deferred compensation at separation (including
retirement), but only during the time that the employee is actively employed with the City.
The latest opportunity for such transfer must be the pay period prior to the employee’s
last day of employment.
D. Collection of Payroll Overpayments
In the event that a payroll overpayment is discovered and verified, and considering all
reasonable factors including the length of time that the overpayment was made and if and
when the employee could have reasonably known about such overpayment, the City shall
take action to collect from the employee the amount of overpayment(s). Such collection
shall be processed by payroll deduction over a reasonable period of time considering the
total amount of overpayment.
In the event the employee separates from employment during the collection period, the final
amount shall be deducted from the last payroll check of the employee. If applicable, the
balance due from the employee shall be communicated upon employment separation if the
last payroll check does not sufficiently cover the amount due the City.
It shall be the responsibility of the employee and the City to periodically monitor the accuracy
of compensation payments or reimbursements due to the possibility of a clerical oversight
or error. The City reserves the right to also collect compensation overpayments caused by
or the result of misinterpretation of a pay provision by non -authorized personnel. The
interpretation of all pay provisions shall be administered by the City Manager or designee
and as adopted by the City Council. Unauthorized compensation payments shall not
constitute a past practice.
E. Required Fingerprinting of Employees
The City requires all employees who are hired, transferred, or promoted to positions with
oversight responsibilities for senior citizens to be fingerprinted for California Department of
Justice (DOJ) clearance that require fingerprinting by federal, state or local law(s ).
791
Fingerprinting shall be done in accordance with said law(s). The City may also require
employees be fingerprinted if they are transferred, or promoted to positions with oversight
responsibilities for senior citizens or oversight responsibilities for confidential, and/or
sensitive documents or equipment.
F. Acting Assignment
Acting assignments are not intended to exceed six (6) months unless extraordinary
circumstances warrant an extension as recommended and approved by the Director of
Human Resources. Under no circumstances shall an acting assignment exceed one (1)
year nor shall it be considered a reclassification or a promotion.
Acting pay must be a minimum of 5.5% and the Department Head has the discretion to set
compensation at any step on the pay range of the acting class, not to exceed the top step of
the range.
G. Return to Work Policy
The City and Association agree to reopen this agreement to establish a Return to Work
Policy for employees who experience industrial and non-industrial injury and/or illness.
H. Controlled Substance and Alcohol Testing
The City maintains the right to conduct a controlled substance and/or alcohol test during
working hours of any employee that it reasonably suspects is under the influence of alcohol
or a controlled substance in the workplace.
I. Management and Executive Management Relations Committee
During the term of this agreement, the City and MEO agree to meet quarterly to discuss
ways to improve management and executive management relations.
J. Public Employee Disaster Service Worker
In accordance with Government Code Section 3100, all Huntington Beach City employees,
including all members of this bargaining unit, are required to perform assigned disaster
service worker duties in the event of an emergency or a disaster.
792
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 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________, 20168.
CITY OF HUNTINGTON BEACH
A Municipal Corporation
HUNTINGTON BEACH
MANAGEMENT EMPLOYEES’
ORGANIZATION
By: By:
Fred A. Wilson
City Manager
Scott Smith
MEO President
By: By:
Ken DomerLori-Ann Farrell Harrison
Assistant City Manager
Jane Cameron
MEO Vice President
By: By:
Michele Warren
Director of Human Resources
Debra Jubinsky
Negotiations Team
By: By:
JoAnn Diaz
Principal Human Resources Analyst
Jaymie Liu Mary Wilson
Negotiations Team
By:
Approved as to Form:
Aaron Peardon
OCEA Representative
By:
Michael E. Gates
City Attorney
793
Effective September 27, 2014
Job No Job Description Pay
Grade A B C D E
0025 Admin Analyst MEO025 35.67 37.63 39.71 41.89 44.19
0084 Admin Analyst Principal MEO084 44.43 46.87 49.45 52.17 55.04
0089 Admin Analyst Sr MEO089 41.04 43.29 45.67 48.18 50.83
0078 Assistant City Attorney MEO078 63.02 66.48 70.13 73.98 78.05
0132 Assistant City Clerk MEO132 38.26 40.36 42.58 44.92 47.39
0595 Assistant Fire Marshal MEO595 45.78 48.30 50.95 53.76 56.71
0057 Assistant to the City Manager MEO057 47.88 50.51 53.29 56.22 59.31
0123 **Associate Civil Engineer MEO123 41.44 43.72 46.12 48.66 51.34
0071 Associate Planner MEO071 38.83 40.96 43.22 45.60 48.11
0569 Beach Maint Operations Mgr MEO569 49.83 52.57 55.46 58.51 61.73
0044 Beach Operations Supervisor MEO044 40.83 43.07 45.44 47.94 50.58
0064 Budget Analyst Senior MEO064 39.42 41.59 43.88 46.29 48.84
0598 Building Manager MEO598 57.29 60.45 63.77 67.27 70.98
0501 Business Application Supervisor MEO501 51.08 53.90 56.86 59.98 63.28
0500 Business Systems Manager MEO500 56.45 59.55 62.83 66.29 69.93
0070 Chief Criminalist MEO070 52.37 55.25 58.29 61.49 64.88
0024 City Engineer MEO024 65.24 68.83 72.62 76.61 80.82
0092 Claims Supervisor MEO092 42.48 44.82 47.28 49.89 52.63
0125 Code Enforcement Supervisor MEO125 40.62 42.85 45.21 47.70 50.32
0471 Community Relations Officer MEO471 44.43 46.87 49.45 52.17 55.04
0353 Community Services Manager MEO353 49.83 52.57 55.46 58.51 61.73
0097 Construction Manager MEO097 49.83 52.57 55.46 58.51 61.73
0085 Contract Administrator MEO085 42.48 44.82 47.28 49.89 52.63
0045 Criminalist Supervisor MEO045 45.55 48.06 50.70 53.48 56.43
0253 Cultural Affairs Supervisor MEO253 32.29 34.07 35.94 37.92 40.00
0081 Deputy City Attorney I MEO081 41.44 43.72 46.12 48.66 51.34
0080 Deputy City Attorney II MEO080 49.83 52.57 55.46 58.51 61.73
0079 Deputy City Attorney III MEO079 57.29 60.45 63.77 67.27 70.98
0068 Deputy City Engineer MEO068 55.60 58.66 61.89 65.29 68.88
0571 Deputy Dir of Econ Development MEO571 56.45 59.55 62.83 66.29 69.93
0027 Deputy Dir of Recr/Bch Devlpmt MEO027 58.17 61.37 64.74 68.30 72.06
0035 Deputy Director of Public Wrks MEO035 65.56 69.17 72.98 76.99 81.22
0486 Detention Administrator MEO486 41.04 43.29 45.67 48.18 50.83
0039 Econ Development Proj Mgr MEO039 45.31 47.81 50.44 53.21 56.14
794
0580 Energy Project Manager MEO580 45.31 47.81 50.44 53.21 56.14
0474 Facilities, Devel & Conc Mgr MEO474 47.41 50.01 52.76 55.66 58.72
0050 Facilities Maint Supervisor MEO050 40.83 43.07 45.44 47.94 50.58
0879 Finance Manager - Accounting MEO879 51.34 54.16 57.15 60.29 63.60
0889 Finance Manager - Budget MEO889 51.34 54.16 57.15 60.29 63.60
0899 Finance Manager - Fiscal Services MEO899 51.34 54.16 57.15 60.29 63.60
0869 Finance Manager - Treasury MEO869 51.34 54.16 57.15 60.29 63.60
0131 Fire Medical Coordinator MEO131 40.40 42.63 44.98 47.45 50.07
0130 Fire Protection Analyst MEO130 40.40 42.63 44.98 47.45 50.07
0590 Fleet Operations Supervisor MEO590 40.83 43.07 45.44 47.94 50.58
0581 General Services Manager MEO581 55.06 58.09 61.28 64.65 68.20
0498 GIS Manager MEO498 52.64 55.54 58.58 61.81 65.21
0043 Housing Manager MEO043 52.11 54.98 58.00 61.19 64.55
0006 Human Resources Manager MEO006 54.24 57.22 60.36 63.69 67.19
0489 Info Syst Communications Mgr MEO489 52.64 55.54 58.58 61.81 65.21
0200 Info Syst Computer Ops Manager MEO200 52.64 55.54 58.58 61.81 65.21
0038 Info Systems Manager MEO038 56.73 59.85 63.15 66.62 70.28
0075 Inspection Manager MEO075 50.56 53.35 56.28 59.38 62.65
0073 Inspection Supervisor MEO073 43.13 45.50 48.00 50.64 53.42
0251 Investigator MEO251 35.13 37.07 39.11 41.26 43.53
0158 Landscape Architect MEO158 40.40 42.63 44.98 47.45 50.07
0049 Landscape Maint Supervisor MEO049 40.83 43.07 45.44 47.94 50.58
0095 Law Office Manager MEO095 35.67 37.63 39.71 41.89 44.19
0572 Liability Claims Coordinator MEO572 36.93 38.96 41.11 43.38 45.76
0030 Maintenance Operations Mgr MEO030 55.06 58.09 61.28 64.65 68.20
0032 Marine Safety Division Chief MEO032 52.37 55.25 58.29 61.49 64.88
0048 Mechanical Maint Supervisor MEO048 40.83 43.07 45.44 47.94 50.58
0441 Neighbrhd Preservtion Prog Mgr MEO441 50.07 52.82 55.73 58.80 62.03
0490 Network Systems Administrator MEO490 47.16 49.75 52.49 55.38 58.43
0443 Payroll Systems Analyst MEO443 43.13 45.50 48.00 50.64 53.42
0098 Permit & Plan Check Manager MEO098 57.29 60.45 63.77 67.27 70.98
0209 Permit & Plan Check Supervisor MEO209 40.62 42.85 45.21 47.70 50.32
0453 Personnel Analyst MEO453 35.49 37.44 39.50 41.67 43.97
0060 Personnel Analyst Principal MEO060 44.43 46.87 49.45 52.17 55.04
0464 Personnel Analyst Senior MEO464 40.40 42.63 44.98 47.45 50.07
0099 Plan Check Engineer MEO099 48.36 51.02 53.82 56.79 59.91
795
0444 Planning Manager MEO444 52.64 55.54 58.58 61.81 65.21
0625 ***Police Admin Division Srvcs Mgr MEO625 57.29 60.45 63.77 67.27 70.98
0594 Police Admin Services Manager MEO594 45.78 48.30 50.95 53.76 56.71
0022 Police Communications Manager MEO022 41.04 43.29 45.67 48.18 50.83
0094 Police Records Administrator MEO094 41.04 43.29 45.67 48.18 50.83
0028 Principal Accountant MEO028 41.85 44.16 46.58 49.15 51.84
0096 Principal Civil Engineer MEO096 54.79 57.80 60.98 64.33 67.87
0072 Principal Electrical Inspector MEO072 39.23 41.39 43.66 46.07 48.60
0076 Principal Inspector Plb/Mech MEO076 39.23 41.39 43.66 46.07 48.60
0482 Principal Librarian MEO482 39.03 41.18 43.44 45.83 48.35
0074 Principal Planner MEO074 50.07 52.82 55.73 58.80 62.03
0579 Project Manager MEO579 45.31 47.81 50.44 53.21 56.14
0037 Project Manager Assistant MEO037 38.83 40.96 43.22 45.60 48.11
0496 Public Safety Systems Manager MEO496 53.43 56.37 59.47 62.74 66.19
0497 Public Safety Systems Supv MEO497 51.60 54.44 57.43 60.58 63.92
0083 Purchasing & Central Svcs Mgr MEO083 44.66 47.11 49.71 52.44 55.31
0839 Real Estate & Project Manager MEO839 45.31 47.81 50.44 53.21 56.14
0054 Risk Manager MEO054 52.11 54.98 58.00 61.19 64.55
0519 Safety/Loss Prevention Analyst MEO519 40.40 42.63 44.98 47.45 50.07
0069 Senior Civil Engineer MEO069 46.25 48.79 51.47 54.30 57.28
0484 Senior Deputy City Attorney MEO484 60.24 63.55 67.04 70.72 74.62
0499 Senior Info Systems Analyst MEO499 46.93 49.52 52.24 55.11 58.14
0077 Senior Librarian MEO077 33.60 35.45 37.40 39.45 41.62
0036 Senior Planner MEO036 45.31 47.81 50.44 53.21 56.14
0046 Senior Recreation Supervisor MEO046 38.26 40.36 42.58 44.92 47.39
0575 Senior Sprvsr Cultural Affairs MEO575 38.26 40.36 42.58 44.92 47.39
0578 Senior Sprvsr Human Services MEO578 38.26 40.36 42.58 44.92 47.39
0034 Senior Traffic Engineer MEO034 46.25 48.79 51.47 54.30 57.28
0457 Special Events Coordinator MEO457 32.29 34.07 35.94 37.92 40.00
0488 Street Maint Supervisor MEO488 40.83 43.07 45.44 47.94 50.58
0473 Supervisor, Dev & Petro-Chem MEO473 41.23 43.49 45.89 48.41 51.08
0133 Supervisor, Prkng & Cmping Fac MEO133 38.26 40.36 42.58 44.92 47.39
0033 Transportation Manager MEO033 57.01 60.14 63.45 66.94 70.63
0051 Tree Maintenance Supervisor MEO051 40.83 43.07 45.44 47.94 50.58
0483 Utilities Manager MEO483 56.16 59.25 62.51 65.95 69.58
796
0487 Wastewater Supervisor MEO487 40.83 43.07 45.44 47.94 50.58
0052 Water Distribution Supervisor MEO052 40.83 43.07 45.44 47.94 50.58
0053 Water Production Supervisor MEO053 40.83 43.07 45.44 47.94 50.58
0056 *Water Quality Supervisor MEO056 40.83 43.07 45.44 47.94 50.58
*Modified Per Resolution 2014-105
**Modified Per Resolution 2015-60
***Modified Per Resolution 2016-22
MEO Salary Schedule
2% Effective 9-24-16
Job No Job Description Pay
Grade A B C D E
0025 Admin Analyst MEO025 36.38 38.38 40.50 42.73 45.07
0084 Admin Analyst Principal MEO084 45.32 47.81 50.44 53.21 56.14
0089 Admin Analyst Sr MEO089 41.86 44.16 46.58 49.14 51.85
0078 Assistant City Attorney MEO078 64.28 67.81 71.53 75.46 79.61
0132 Assistant City Clerk MEO132 39.03 41.17 43.43 45.82 48.34
0595 Assistant Fire Marshal MEO595 46.70 49.27 51.97 54.84 57.84
0057 Assistant to the City Manager MEO057 48.84 51.52 54.36 57.34 60.50
0123 Associate Civil Engineer MEO123 42.27 44.59 47.04 49.63 52.37
0071 Associate Planner MEO071 39.61 41.78 44.08 46.51 49.07
0569 Beach Maint Operations Mgr MEO569 50.83 53.62 56.57 59.68 62.96
0044 Beach Operations Supervisor MEO044 41.65 43.93 46.35 48.90 51.59
0064 Budget Analyst Senior MEO064 40.21 42.42 44.76 47.22 49.82
0598 Building Manager MEO598 58.44 61.66 65.05 68.62 72.40
0500 Business Systems Manager MEO500 57.58 60.74 64.09 67.62 71.33
0024 City Engineer MEO024 66.54 70.21 74.07 78.14 82.44
0125 Code Enforcement Supervisor MEO125 41.43 43.71 46.11 48.65 51.33
0471 Community Relations Officer MEO471 45.32 47.81 50.44 53.21 56.14
0353 Community Services Manager MEO353 50.83 53.62 56.57 59.68 62.96
0097 Construction Manager MEO097 50.83 53.62 56.57 59.68 62.96
0085 Contract Administrator MEO085 43.33 45.72 48.23 50.89 53.68
0081 Deputy City Attorney I MEO081 42.27 44.59 47.04 49.63 52.37
0080 Deputy City Attorney II MEO080 50.83 53.62 56.57 59.68 62.96
0079 Deputy City Attorney III MEO079 58.44 61.66 65.05 68.62 72.40
0068 Deputy City Engineer MEO068 56.71 59.83 63.13 66.60 70.26
0571 Deputy Dir of Econ Development MEO571 57.58 60.74 64.09 67.62 71.33
0486 Detention Administrator MEO486 41.86 44.16 46.58 49.14 51.85
797
0039 Econ Development Proj Mgr MEO039 46.22 48.77 51.45 54.27 57.26
0580 Energy Project Manager MEO580 46.22 48.77 51.45 54.27 57.26
0474 Facilities, Devel & Conc Mgr MEO474 48.36 51.01 53.82 56.77 59.89
0050 Facilities Maint Supervisor MEO050 41.65 43.93 46.35 48.90 51.59
0879 Finance Manager - Accounting MEO879 52.37 55.24 58.29 61.50 64.87
0889 Finance Manager - Budget MEO889 52.37 55.24 58.29 61.50 64.87
0899 Finance Manager - Fiscal Services MEO899 52.37 55.24 58.29 61.50 64.87
0869 Finance Manager - Treasury MEO869 52.37 55.24 58.29 61.50 64.87
0131 Fire Medical Coordinator MEO131 41.21 43.48 45.88 48.40 51.07
0130 Fire Protection Analyst MEO130 41.21 43.48 45.88 48.40 51.07
0590 Fleet Operations Supervisor MEO590 41.65 43.93 46.35 48.90 51.59
0581 General Services Manager MEO581 56.16 59.25 62.51 65.94 69.56
0498 GIS Manager MEO498 53.69 56.65 59.75 63.05 66.51
0043 Housing Manager MEO043 53.15 56.08 59.16 62.41 65.84
0006 Human Resources Manager MEO006 55.32 58.36 61.57 64.96 68.53
0489 Info Syst Communications Mgr MEO489 53.69 56.65 59.75 63.05 66.51
0200 Info Syst Computer Ops Manager MEO200 53.69 56.65 59.75 63.05 66.51
0075 Inspection Manager MEO075 51.57 54.42 57.41 60.57 63.90
0073 Inspection Supervisor MEO073 43.99 46.41 48.96 51.65 54.49
0251 Investigator MEO251 35.83 37.81 39.89 42.09 44.40
0158 Landscape Architect MEO158 41.21 43.48 45.88 48.40 51.07
0049 Landscape Maint Supervisor MEO049 41.65 43.93 46.35 48.90 51.59
0572 Liability Claims Coordinator MEO572 37.67 39.74 41.93 44.25 46.68
0030 Maintenance Operations Mgr MEO030 56.16 59.25 62.51 65.94 69.56
0032 Marine Safety Division Chief MEO032 53.42 56.36 59.46 62.72 66.18
0490 Network Systems Administrator MEO490 48.10 50.75 53.54 56.49 59.60
0443 Payroll Systems Analyst MEO443 43.99 46.41 48.96 51.65 54.49
0098 Permit & Plan Check Manager MEO098 58.44 61.66 65.05 68.62 72.40
0209 Permit & Plan Check Supervisor MEO209 41.43 43.71 46.11 48.65 51.33
0453 Personnel Analyst MEO453 36.20 38.19 40.29 42.50 44.85
0060 Personnel Analyst Principal MEO060 45.32 47.81 50.44 53.21 56.14
0464 Personnel Analyst Senior MEO464 41.21 43.48 45.88 48.40 51.07
0099 Plan Check Engineer MEO099 49.33 52.04 54.90 57.93 61.11
0444 Planning Manager MEO444 53.69 56.65 59.75 63.05 66.51
0625 Police Admin Division Srvcs Mgr MEO625 58.44 61.66 65.05 68.62 72.40
0594 Police Admin Services Manager MEO594 46.70 49.27 51.97 54.84 57.84
0022 Police Communications Manager MEO022 41.86 44.16 46.58 49.14 51.85
0094 Police Records Administrator MEO094 41.86 44.16 46.58 49.14 51.85
0028 Principal Accountant MEO028 42.69 45.04 47.51 50.13 52.88
798
0096 Principal Civil Engineer MEO096 55.89 58.96 62.20 65.62 69.23
0072 Principal Electrical Inspector MEO072 40.01 42.22 44.53 46.99 49.57
0076 Principal Inspector Plb/Mech MEO076 40.01 42.22 44.53 46.99 49.57
0482 Principal Librarian MEO482 39.81 42.00 44.31 46.75 49.32
0074 Principal Planner MEO074 51.07 53.88 56.84 59.98 63.27
0579 Project Manager MEO579 46.22 48.77 51.45 54.27 57.26
0037 Project Manager Assistant MEO037 39.61 41.78 44.08 46.51 49.07
0496 Public Safety Systems Manager MEO496 54.50 57.50 60.66 63.99 67.51
0497 Public Safety Systems Supv MEO497 52.63 55.53 58.58 61.79 65.20
0839 Real Estate & Project Manager MEO839 46.22 48.77 51.45 54.27 57.26
0054 Risk Manager MEO054 53.15 56.08 59.16 62.41 65.84
0519 Safety/Loss Prevention Analyst MEO519 41.21 43.48 45.88 48.40 51.07
0069 Senior Civil Engineer MEO069 47.18 49.77 52.50 55.39 58.43
0484 Senior Deputy City Attorney MEO484 61.44 64.82 68.38 72.13 76.11
0499 Senior Info Systems Analyst MEO499 47.87 50.51 53.28 56.21 59.30
0077 Senior Librarian MEO077 34.27 36.16 38.15 40.24 42.45
0036 Senior Planner MEO036 46.22 48.77 51.45 54.27 57.26
0575 Senior Sprvsr Cultural Affairs MEO575 39.03 41.17 43.43 45.82 48.34
0578 Senior Sprvsr Human Services MEO578 39.03 41.17 43.43 45.82 48.34
0034 Senior Traffic Engineer MEO034 47.18 49.77 52.50 55.39 58.43
0457 Special Events Coordinator MEO457 32.94 34.75 36.66 38.68 40.80
0488 Street Maint Supervisor MEO488 41.65 43.93 46.35 48.90 51.59
0133 Supervisor, Prkng & Cmping Fac MEO133 39.03 41.17 43.43 45.82 48.34
0033 Transportation Manager MEO033 58.15 61.34 64.72 68.28 72.04
0051 Tree Maintenance Supervisor MEO051 41.65 43.93 46.35 48.90 51.59
0483 Utilities Manager MEO483 57.28 60.44 63.76 67.27 70.97
0487 Wastewater Supervisor MEO487 41.65 43.93 46.35 48.90 51.59
0052 Water Distribution Supervisor MEO052 41.65 43.93 46.35 48.90 51.59
0053 Water Production Supervisor MEO053 41.65 43.93 46.35 48.90 51.59
0056 Water Quality Supervisor MEO056 41.65 43.93 46.35 48.90 51.59
799
RETIREE SUBSIDY MEDICAL PLAN
Employees hired on or after October 1, 2014, shall not be eligible for this benefit.
An employee who has retired from the City shall be entitled to participate in the City -sponsored
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) years of continuous full-time
City service or is granted an industrial disability retirement; 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 medical 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 e mployee was
receiving at the time of his/her death would be eligible to receive if he/she were
retired at the time of death, shall be paid on behalf of the spouse or family for a
period not to exceed twelve (12) months.
SCHEDULE OF BENEFITS
A. Minimum Eligibility for Benefits - With the exception of an industrial disability retirement,
eligibility for benefits begin after an employee has completed ten (10) years of continuous full
time service with the City of Huntington Beach. 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.
B. Disability Retirees - Industrial disability retirees with less than ten (10) years of service shall
receive a maximum monthly payment toward the premium for health insurance of $121 (one
hundred twenty-one dollars). 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.
800
C. Maximum Monthly Subsidy Payments - 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 disability whose number of continuous, full
time years of City service prior to retirement City exceeds ten (10), shall be entitled to
maximum monthly payment of premiums by the for each year of completed City service as
follows:
Maximum Monthly Payment
for Retirements After:
Years of Service Subsidy
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
RETIREE SUBSIDY MEDICAL PLAN / MISCELLANEOUS PROVISIONS
A. Eligibility:
1. The effective start-up date of the Retiree Subsidy Medical Plan for the various
employee groups shall be the first of the month following retirement date.
2. A retiree may change plans, add dependents, etc., during annual open enrollment.
The Human Resources Department shall notify covered retirees of this opportunity
each year.
801
3. Years of service computed for the Retiree Subsidy Medical Plan are actual
years of completed service with the City of Huntington Beach.
B. Benefits:
1. Retiree Subsidy Medical Plan includes the available group medical plans offered to
active unit members at the time of retirement Managed Health Network (MHN),
Prescription Card System (PCS), Orange County Foundation for Medical Care
(OCFMC) and Medical Stop Loss insurance[WM1].
2. City Plans are the primary payer for active employees age 65 and over, with
Medicare the secondary payer. Retirees age 65 and over have no City Plan options
and are eligible only for Medicare.
3. Premium payments are to be received at least one month in advance of the
coverage period.
C. Subsidies:
1. The subsidy payments will pay for:
a. Retiree Subsidy Medical Plan.
b. HMO.
c. 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 employee benefit plan.
c. Any other commercially available benefit plan.
d. Medicare supplements.
D. Medicare:
1. All persons are eligible for Medicare coverage at age sixty five (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 sixty
five (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.
802
2. When a retiree and his/her spouse are both sixty five (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 sixty five (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 sixty five (65 is not eligible for paid Part A of Medicare and his/her
spouse who is also age sixty five (65is eligible for paid Part A of Medicare, the
subsidy shall be for the retiree’s Part A only.
E. 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 sixty
five (65. If such retiree was covering dependents under the Plan, dependents
will be eligible for state and or federal COBRA continuation benefits effective
as of the retiree’s sixty-fifth (65th) birthday.
b. Dependent coverage will be eliminated upon whichever of the following
occasions comes first:
i. After thirty six (36) months of COBRA continuation coverage, or
ii. When the covered dependent reaches age sixty five (65) in the event such
dependent reaches age sixty five (65) prior to the retiree reaching age
sixty five (65).
c. At age sixty five (65) retirees are eligible to make application for Medicare.
Upon being considered “eligible to make application,” whether or not
application has been made for Medicare, the Retiree Subsidy Medical Plan will
be eliminated.
2. See provisions under “Benefits,” ”Subsidies,” and “Medicare” for those
retirees/dependents not eligible for paid Part A of Medicare.
3. Retiree Subsidy Medical Plan and COBRA participants sha ll be notified of non-
payment of premium by means of a certified letter from Employee Benefits in
accordance with provisions of the Memorandums of Understanding.
4. 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.
803
VEHICLE USE ASSIGNMENT ADMINISTRATIVE REGULATION
See Administrative Regulations
804
PHYSICAL EXAMINATION DESCRIPTION
I. Complete Health History
II. Complete Physical Examination by Physician
III. Computer Printout:
A. Physiological Tests:
1. Temperature
2. Height
3. Weight
4. Vision
5. Audiometry (Hearing Screening)
6. Blood Pressure
7. Pulse
8. Chest X-Ray
9. EKG
10. History
11. Tonometry (Glaucoma) for patients 35 and over.
12. Spirometry (Breathing)
B. Laboratory Tests:
1. Blood Chemistry Screening Tests:
SGPT Triglycerides
SGOT Glucose Fasting
LDH BUN
Alk. Phosphatase Creatinine
Total Bilirubin Uric Acid
Total Protein Calcium
Albumin-Serum Inorganic Phosphate
Globulin Sodium
Cholesterol Postassium
2. Complete Blood Count
3. Urinalysis
4. Stool Test for Blood
5. RPR
6. Pap Smear on Females
7. HDL
IV. Examination Findings:
A. Consultation with Physician
B. Written Report of Findings
805
9/80 WORK SCHEDULE
This work schedule is known as the “9/80.” In the event that there is a conflict with the current
rules, practices and/or procedures regarding work schedules and leave plans, then the rules listed
below shall govern.
9/80 WORK SCHEDULE DEFINED
The 9/80 work schedule shall be defined as working nine (9) days for eighty (80) hours in a two -
week pay period by working eight (8) days at n ine (9) hours per day and working one (1) day for
eight (8) hours (Friday), with a one -hour lunch during each work shift, totaling forty (40) hours in
each work week. The 9/80 work schedule shall not reduce service to the public, departmental
effectiveness, productivity and/or efficiency as determined by the City Manager or designee.
A. Forty (40) Hour Work Week
The actual work week is from Friday at mid-shift (p.m.) to Friday at mid-shift (a.m.). No
employee working the 9/80 work schedule will be able to flex their Friday start time nor the
time they take their lunch break, which will be from 12:00 p.m. to 1:00 p.m. on Fridays. All
employee work shifts will start at 8:00 a.m. on their Friday worked. The start of the work week
is 12:00 noon Friday.
B. Two-Week Pay Period
The pay period for employees starts Friday mid-shift (p.m.) and continues for fourteen (14)
days until Friday mid-shift (a.m.). During this period, each week is made up of four (4) nine
(9) hour work days (thirty-six (36) hours) and one (1) four (4) hour Friday and those hours
equal forty (40) work hours in each work week (e.g. the Friday is split into four (4) hours for
the a.m. shift, which is charged to work week one and four (4) hours for the p.m. shift, which
is charged to work week two).
C. A/B Schedules
To continue to provide service to the public every Friday, employees are to be divided between
two schedules, known as the “A” schedule and the “B” schedule, based upon the departmental
needs. For identification purposes, the “A” schedule shall be known as the schedule with a
day off on the Friday in the middle of the pay period, or, “off on payday”, the “B” schedule shall
have the first Friday (p.m.) and the last Friday (a.m.) off, or “working on payday”. An example
is listed below:
AM PM AM PM AM PM
F F S S M T W Th F F S S M T W Th F F
A Schedule 4 4 - - 9 9 9 9 - - - - 9 9 9 9 4 4
B Schedule - - - - 9 9 9 9 4 4 - - 9 9 9 9 - -
806
A/B Schedule Changes
Employees cannot change schedules without prior approval of their supervisor, Department
Head, and the Director of Human Resources or designee.
D. Emergencies
All employees on the 9/80 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 any of said employees.
LEAVE BENEFITS
When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9)
hours of eligible leave per workday shall be charged against the employee’s leave balance or
eight (8) hours shall be charged if the day off is a Friday. All leaves shall continue under the
current accrual, eligibility, request and approval requirements.
1. General Leave – As stated in Memorandum of Understanding
2. Sick Leave – As stated in Memorandum of Understanding
3. Administrative Leave – As stated in Memorandum of Understanding
4. Bereavement Leave – As stated in Memorandum of Understanding
5. Holidays - As stated in Memorandum of Understanding
6. Jury Duty – The provisions of the Personnel Rules shall continue to apply; however, if an
employee is called to serve on jury duty during a normal Friday off, Saturday, or Sunday,
or on a City holiday, then the jury duty shall be considered the same as having occurred
during the employees day off work; therefore, the employee will receive no added
compensation.
807
4/10 WORK SCHEDULE
In the event that there is a conflict with the current rules, practices and/or procedures regarding
work schedules and leave plans, then the rules listed below shall govern.
4/10 WORK SCHEDULE DEFINED
The 4/10 work schedule shall be defined as working eight (8) days for eighty (80) hours in a two
week pay period by working eight (8) days (Monday through Thursday, Fridays off) at ten (10)
hours per day, plus a one-hour lunch during each work shift, totaling forty (40) hours in each work
week. The 4/10 work schedule shall not reduce service to the public, departmental effectiveness,
productivity and/or efficiency as determined by the City Manager or designee.
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 any of said employees.
LEAVE BENEFITS
When an employee is off on a scheduled workday under the 4/10 work schedule, then ten (10)
hours of eligible leave per workday shall be charged again st the employee’s leave balance. All
leaves shall continue under the current accrual, eligibility, request, and approval requirements.
1. General Leave – As stated in Memorandum of Understanding
2. Sick Leave – As stated in Memorandum of Understanding
3. Administrative Leave – As stated in Memorandum of Understanding
4. Bereavement Leave – As stated in Memorandum of Understanding
5. Holidays - As stated in Memorandum of Understanding
6. Jury Duty – The provisions of the Personnel Rules shall continue to apply; however, if an
employee is called to serve on jury duty during a normal Friday off, Saturday, or Sunday,
or on a City holiday, then the jury duty shall be considered the same as having occurred
during the employees day off work; therefore, the employee will receive no added
compensation.
808
Voluntary Catastrophic Leave Donation Program
Leave Request Form
Requestor, Please Complete
According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request
donated Vacation, Administrative or General Leave or Exempt Compensatory Time.
MY SIGNATURE CERTIFIES THAT:
A Leave of absence in relation to a catastrophic illness or injury has been approved by my
Department; and
I am not receiving disability benefits or Workers' Compensation payments.
Name: (Please Print or Type: Last, First, MI)
Work Phone:
Department:
Job Title:
Employee ID#:
Requester Signature:
Date:
Department Director Signature of Support: Date:
Human Resources Department Use Only
End donation date will bridge to:
Long Term Disability
Medical Retirement beginning
Length of FMLA leave ending
Return to work
End donation date:
Human Resources Director Signature: Date signed:
809
Voluntary Catastrophic Leave Donation Program
Leave Donation Form
Donor, please complete
Donor Name: (Please Print or Type: Last, First, MI)
Work Phone:
Donor Job Title:
Type of Accrued Leave:
Vacation
Compensatory Time
General Leave
_ _Administrative Leave
Number of Hours I wish to Donate:
Hours of Vacation
Hours of Exempt Compensatory Time
Hours of General Leave
_____ Hours of Administrative Leave
I understand that this voluntary donation of leave credits, once processed, is irrevocable;
but if not needed, the donation will be returned to me. I also understand that this donation
will remain confidential.
I wish to donate my accrued Vacation, Exempt Compensatory Time, Administrative or General
Leave hours to the Catastrophic Leave Donation Program for:
Eligible recipient employee's name (Last, First, MI):
Donor Signature:
Date:
Please submit to Payroll in the Finance Department.
810
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City of Huntington Beach
File #:18-429 MEETING DATE:10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Mike Posey, Mayor
Subject:
Item Submitted by Mayor Posey for the October 15, 2018, City Council Meeting - Exploration
of Legal Remedies to hold CalPERS Accountable to their Fiduciary Responsibilities
Statement of Issue:
The mission of CalPERS is simple, “Deliver retirement and health care benefits to members and their
beneficiaries.” This mission is slowly being eroded as investment strategies championed by the California
Legislature, like Senate Bill 964 (Allen), seek to direct CalPERS and CalSTRS to make investments that are
“socially and environmentally” responsible. SB 964 is just one example of the environmental, social,
governance investment strategies championed by the California Legislature and pushed onto the governing
Board of CalPERS. The CalPERS website sites their pension beliefs one of which states, “as a leader,
CalPERS should advocate for retirement security for America’s workers and for the value of defined benefit
plans…” How can the Board achieve these goals when they are forced to direct their participants funds into
investments that often do not yield profits that will make their promised returns? Thus, passing the buck onto
municipalities and special districts who are left to make cuts to services to fund their mistakes.
Recommended Action:
Direct the City Attorney to explore any and all legal remedies to hold CalPERS accountable to their
fiduciary responsibilities of providing a sustainable retirement system for those that serve California.
Return to City Council within 90 days with a proposed strategy.
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City of Huntington Beach
File #:18-430 MEETING DATE:10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Mike Posey, Mayor
Subject:
Item Submitted by Mayor Posey for the October 15, 2018, City Council Meeting - Filing of
Claim with the Commission on State Mandates Related to the Passage of Assembly 109
Statement of Issue:
In 2011, the California Legislature passed the Public Safety Realignment Act (Assembly Bill 109) that
transferred responsibility for supervising specific low-level inmates and parolees from the California
Department of Corrections and Rehabilitation to counties. This Act tasked local government at the
county level with developing a new approach to reducing recidivism among its population. AB 109
took effect October 1, 2011, and realigned three major areas of the criminal justice system:
1. Transferred the location of incarceration for individuals convicted of lower level specified non-
violent, non-serious, non-sex offences from state prison to local county jail;
2. Transferred responsibility from the State to the County for post-release supervision of those
released from prison after having served a sentence for a non-violent, non-serious, non-sex
offense by creating a new category of supervision called Post-Release Community
Supervision; and
3. Transferred the housing responsibility for parole and PRCS revocations to local jail custody.
These changes to the criminal justice system resulted in an influx of so called “non-violent” offenders
into our community. The impact of AB 109 was that while it decreased the prison population it
increased the county jail population and many local jurisdictions saw an increase in property crimes.
This realignment has caused local jurisdictions to experience an increase in public safety costs
related to the influx of offenders. While the actual amount is unknown at this time, it would be
prudent for the City to analyze the costs related to the implementation of AB 109.
Recommended Action:
Direct the City Manager and the Police Chief to conduct an analysis of the existence of financial
distress placed upon the City due to the implementation of Assembly Bill 109 and report back to the
City Council within 90 days. If such financial distress exists, the City should investigate whether this
would qualify as a Test Claim with the Commission on State Mandates.
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