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HomeMy WebLinkAbout2019-02-19 Agenda PacketMEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please contact the City Clerk’s Office at (714) 536-5227 for more information, or request assistance from the staff or Sergeant-at-Arms at the meeting. PUBLIC COMMENTS: To address the legislative body on items of interest not scheduled for public hearing, Request to Speak forms will be made available at the meeting and are collected by the staff or Sergeant at Arms. Some legislative bodies may provide different Request to Speak forms for public hearing items. AUDIO/VIDEO ACCESS TO BROADCASTED MEETINGS: City Council and Planning Commission meetings are televised live on HBTV-3 Channel 3, and can be viewed via live or archived website at https://huntingtonbeach.legistar.com. AGENDA CITY COUNCIL/PUBLIC FINANCING AUTHORITY Tuesday, February 19, 2019 Council Chambers 2000 Main Street Huntington Beach, CA 92648 Study Session - 4:00 PM / Closed Session - 5:00 PM Regular Meeting - 6:00 PM MAYOR AND CITY COUNCIL ERIK PETERSON, Mayor LYN SEMETA, Mayor Pro Tem PATRICK BRENDEN, Councilmember KIM CARR, Councilmember BARBARA DELGLEIZE, Councilmember JILL HARDY, Councilmember MIKE POSEY, Councilmember STAFF FRED A. WILSON, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer 1 City Council/Public Financing Authority AGENDA February 19, 2019 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) STUDY SESSION 19-1241.Comprehensive Annual Financial Report (CAFR) / Mid-Year Budget Update RECESS TO CLOSED SESSION CLOSED SESSION 19-2022.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: Escontrias (Pilar) and Wilde (Rex) v. County of Orange, et al.; USDC Case No.: 8:18-cv-1567 DOC (AFMx). 19-2033.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: Decock (Eugene and Sandra) v. City of Huntington Beach; OCSC Case No. 30-2017-00956312. 19-2044.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: AKM Consulting Engineers, Inc. v. City of Huntington Beach; OCSC Case No.: 30-2017-00902740. 19-2095.Pursuant to Government Code § 54956.9(d)(2), the City Council shall recess into Closed Session to confer with the Page 1 of 6 2 City Council/Public Financing Authority AGENDA February 19, 2019 City Attorney regarding potential litigation. Number of cases, one (1). 19-2106.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Calif. Dept. of Housing and Community Development v. City of Huntington Beach, et al.; OCSC Case No.: 30-2019-01045493. 19-2117.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach v. State of California, et al. (SB35); OCSC Case No. 30-2019-01044945. 19-2128.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach v. State of California, et al. (SB 166); OCSC Case No. 30-2019-01048692-CU-WM-CJC. 19-2139.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: Kennedy Commission, et al. v. City of Huntington Beach, et al.; OCSC Case No. 30-2015-00801675. 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy PLEDGE OF ALLEGIANCE INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 18-63810.Marcy Tieger of the Greater Huntington Beach Interfaith Page 2 of 6 3 City Council/Public Financing Authority AGENDA February 19, 2019 Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 19-17611.Mayor Peterson to call on Victoria Alberty to present the Adoptable Pet of the Month 19-17712.Mayor Peterson to call on Public Works Director Travis Hopkins to present the Mayor’s Award to Electrician Corey Landrey ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3 Minute Time Limit) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT CITY CLERK'S REPORT 19-18813.Presentation on the Safe and Sane Fireworks Stand Application and Lottery Process for 2019 CONSENT CALENDAR 19-17214.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated February 4, 2019, as written and on file in the Office of the City Clerk. Recommended Action: 19-09615.Approve and authorize the execution of Amendment No. 2 to the Attachment Agreement by and between the City and Southern California Gas Company for Advanced Meter Facilities on City Owned Streetlights Approve and authorize the City Manager to execute “Amendment No. 2 to Attachment Agreement By and Between the City of Huntington Beach, California and Southern California Gas Company.” Recommended Action: Page 3 of 6 4 City Council/Public Financing Authority AGENDA February 19, 2019 19-13016.Approve and authorize execution of Amendment No. 4 to Agreement with Biggs Cardosa Associates, Inc. (BCA) for bridge design services in the amount of $446,372, for a total contract amount not to exceed $2,813,797 and extending the contract term three (3) years Approve and authorize the Mayor and City Clerk to execute “Amendment No. 4 to Agreement Between the City of Huntington Beach and Biggs Cardosa Associates, Inc. for Bridge Design Services” in the amount of $446,372 and extending the contract term three (3) years. Recommended Action: 19-16917.Approve and authorize execution of a Lease Agreement between the City of Huntington Beach and Primo Nosh Chefs LLC, for operation of food concessions at the Huntington Beach Sports Complex A) Approve the “Lease Agreement Between the City of Huntington Beach and Primo Nosh Chefs LLC, For Operation of a Food Concession at the Huntington Beach Sport Complex;” and, B) Authorize City Manager to execute the Agreement and other related documents. Recommended Action: 19-20018.Adopt Ordinance No. 4163 amending Huntington Beach Municipal Code Chapter 5.56 related to Alarm Systems both residential and commercial, burglary alarms Approved for introduction February 4, 2019 - Vote: 7-0 Adopt Ordinance No. 4163, “An Ordinance of the City of Huntington Beach Repealing Chapter 5.56 of the Huntington Beach Municipal Code Relating to Burglar Alarms and Adding Back a Revised Chapter 5.56 Relating to the Regulation of Burglar Alarms .” Recommended Action: 19-11819.Adopt Ordinance No. 4166 expediting the Permit Process for Electric Vehicle (EV) Charging Stations on Private Property Approved for introduction January 22, 2019 - Vote: 6-0-1 (Delgleize out of room) and Continued from February 4, 2019 Recommended Action: Page 4 of 6 5 City Council/Public Financing Authority AGENDA February 19, 2019 Adopt Ordinance No. 4166, “An Ordinance of the City of Huntington Beach Adding Chapter 17.62 to the Huntington Beach Municipal Code Regarding Expedited Electric Vehicle Charging Station Permitting.” ADMINISTRATIVE ITEMS 19-16720.Fiscal Year 2018/19 Mid-Year Budget Adjustments Approve mid-year budget adjustments to the FY 2018/19 Revised Budget in the Funds and by the amounts contained in Attachment 1. Recommended Action: 19-17321.Adopt Resolution No. 2019-07 increasing fees for burglar alarm businesses and alarm system subscribers collected by the Police Department as established pursuant to Resolution No. 6656, and incorporating the increased fees into the Consolidated Comprehensive Citywide Master Fee and Charges Schedule as established by Resolution No. 2016-59, and amended by Resolution Nos. 2017-46, 2018-01, 2018-29, 2018-48, and 2018-55 (Supplemental Fee Resolution No. 8) - Continued from February 4, 2019. Adopt Resolution No. 2019-07, “A Resolution of the City Council of the City of Huntington Beach Increasing Fees for Burglar Alarm Businesses and Alarm System Subscribers Collected by the Police Department as Established Pursuant to Resolution No. 6656, and Incorporating the Increased Fees Into the Consolidated Comprehensive Citywide Master Fee and Charges Schedule as Established by Resolution No. 2016-59, and Amended by Resolution Nos. 2017-46, 2018-01, 2018-29, 2018-48, and 2018-55 (Supplemental Fee Resolution No. 8).” Recommended Action: 19-19822.City Charter Review Options It is recommended that the City Council direct the City Manager to either: 1. Convene the Charter Review Commission with appointed members as outlined in the Council Member item; or 2. Convene an Ad Hoc Committee comprised of three Council Members, the City Manager, and the City Attorney to analyze and determine if any changes are needed to the City Charter. Recommended Action: 19-20823.Approval of Tentative Agreement and Introduction of Proposed Memorandum of Understanding Between the Huntington Beach Police Officers’ Association (HBPOA) and the City of Huntington Beach for October 1, 2017, through Page 5 of 6 6 City Council/Public Financing Authority AGENDA February 19, 2019 December 31, 2019 Approve the “Tentative Agreement Between The City of Huntington Beach and The Huntington Beach Police Officers’ Association January 24, 2019” and the introduction of the proposed “Memorandum of Understanding between the Huntington Beach Police Officers’ Association and the City of Huntington Beach” for the period October 1, 2017 , through December 31, 2019. Recommended Action: COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, February 19, 2019, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov Page 6 of 6 7 City of Huntington Beach File #:19-124 MEETING DATE:2/19/2019 Comprehensive Annual Financial Report (CAFR) / Mid-Year Budget Update City of Huntington Beach Printed on 2/13/2019Page 1 of 1 powered by Legistar™8 City of Huntington Beach File #:19-202 MEETING DATE:2/19/2019 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Escontrias (Pilar) and Wilde (Rex) v. County of Orange, et al.; USDC Case No.: 8:18-cv-1567 DOC (AFMx). City of Huntington Beach Printed on 2/13/2019Page 1 of 1 powered by Legistar™9 City of Huntington Beach File #:19-203 MEETING DATE:2/19/2019 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Decock (Eugene and Sandra) v. City of Huntington Beach; OCSC Case No. 30-2017-00956312. City of Huntington Beach Printed on 2/13/2019Page 1 of 1 powered by Legistar™10 City of Huntington Beach File #:19-204 MEETING DATE:2/19/2019 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: AKM Consulting Engineers, Inc. v. City of Huntington Beach; OCSC Case No.: 30-2017-00902740. City of Huntington Beach Printed on 2/13/2019Page 1 of 1 powered by Legistar™11 City of Huntington Beach File #:19-209 MEETING DATE:2/19/2019 Pursuant to Government Code § 54956.9(d)(2), the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1). City of Huntington Beach Printed on 2/13/2019Page 1 of 1 powered by Legistar™12 City of Huntington Beach File #:19-210 MEETING DATE:2/19/2019 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Calif. Dept. of Housing and Community Development v. City of Huntington Beach, et al.; OCSC Case No.: 30- 2019-01045493. City of Huntington Beach Printed on 2/13/2019Page 1 of 1 powered by Legistar™13 City of Huntington Beach File #:19-211 MEETING DATE:2/19/2019 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach v. State of California, et al. (SB35); OCSC Case No. 30-2019-01044945. City of Huntington Beach Printed on 2/13/2019Page 1 of 1 powered by Legistar™14 City of Huntington Beach File #:19-212 MEETING DATE:2/19/2019 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach v. State of California, et al. (SB 166); OCSC Case No. 30-2019-01048692-CU-WM-CJC. City of Huntington Beach Printed on 2/13/2019Page 1 of 1 powered by Legistar™15 City of Huntington Beach File #:19-213 MEETING DATE:2/19/2019 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Kennedy Commission, et al. v. City of Huntington Beach, et al.; OCSC Case No. 30-2015-00801675. City of Huntington Beach Printed on 2/13/2019Page 1 of 1 powered by Legistar™16 City of Huntington Beach File #:18-638 MEETING DATE:2/19/2019 Marcy Tieger of the Greater Huntington Beach Interfaith Council City of Huntington Beach Printed on 2/13/2019Page 1 of 1 powered by Legistar™17 City of Huntington Beach File #:19-176 MEETING DATE:2/19/2019 Mayor Peterson to call on Victoria Alberty to present the Adoptable Pet of the Month City of Huntington Beach Printed on 2/13/2019Page 1 of 1 powered by Legistar™18 City of Huntington Beach File #:19-177 MEETING DATE:2/19/2019 Mayor Peterson to call on Public Works Director Travis Hopkins to present the Mayor’s Award to Electrician Corey Landrey City of Huntington Beach Printed on 2/13/2019Page 1 of 1 powered by Legistar™19 City of Huntington Beach File #:19-188 MEETING DATE:2/19/2019 Presentation on the Safe and Sane Fireworks Stand Application and Lottery Process for 2019 City of Huntington Beach Printed on 2/13/2019Page 1 of 1 powered by Legistar™20 SAFE AND SANE FIREWORKS STAND APPLICATION AND LOTTERY PROCESS 2019 21 2019 FIREWORKS STAND APPLICATION/LOTTERY PROCESS Application Period: March 1 through March 29 Permits: The maximum number of permits that may be issued during any one calendar year shall be fifteen, with a maximum number of five permits issued to qualified organizations in each of the following categories: Civic Organizations High School Youth Sports 22 2019 FIREWORKS STAND APPLICATION/LOTTERY PROCESS CIVIC ORGANIZATIONS (5): Organizations operating within the City whose sole purpose is for civic betterment or charitable or religious purposes to and for the citizens of Huntington Beach –EXCLUDES high school extracurricular activities or youth or adult sports groups Approved applications will be entered into a lottery drawing held at the April 15 City Council meeting 23 2019 FIREWORKS STAND APPLICATION/LOTTERY PROCESS HIGH SCHOOL (5): High schools operating within the City that agree to use the proceeds for the benefit of valid student extracurricular activities/sports shall be allowed to submit one application Each public high school may be awarded one permit; upon application receipt and approval, each high school shall hold a lottery among its student clubs and organizations, and can dedicate its stand to not more than two groups 24 2019 FIREWORKS STAND APPLICATION/LOTTERY PROCESS Private high schools may each enter one application; approved applications will be entered into a lottery drawing held at the April 15 City Council meeting to award a fifth high school permit If no private high schools apply, the four public high schools will be entered into the lottery drawing for the fifth high school permit 25 2019 FIREWORKS STAND APPLICATION/LOTTERY PROCESS YOUTH SPORTS (5): Organizations operating within the City whose main purpose is to benefit a valid youth sports activity –EXCLUDES individual club or travel sports teams, or high school extracurricular activities/sports groups Approved applications will be entered into a lottery drawing held at the April 15 City Council meeting 26 2019 FIREWORKS STAND APPLICATION/LOTTERY PROCESS Prior to March 1, applicants successful in the 2018 application process will be notified by email of the 2019 process; and, A public announcement regarding the 2019 application process will be posted to local social media sites 27 2019 FIREWORKS STAND APPLICATION/LOTTERY PROCESS At the conclusion of the lottery drawing held on April 15, representatives from the Fire Department will be standing by to meet with successful applicants to explain what happens next, and to distribute temporary fireworks stand sales applications For more information, visit these online resources: Fireworks Information –2019 http://www.huntingtonbeachca.gov/fireworks/ HB Municipal Code Chapter 5.90 –Fireworks 28 QUESTIONS? 29 City of Huntington Beach File #:19-172 MEETING DATE:2/19/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes dated February 4, 2019, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated February 4, 2019, 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. February 4, 2019 CC/PFA Minutes City of Huntington Beach Printed on 2/13/2019Page 1 of 1 powered by Legistar™30 City of Huntington Beach File #:19-096 MEETING DATE:2/19/2019 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 and authorize the execution of Amendment No. 2 to the Attachment Agreement by and between the City and Southern California Gas Company for Advanced Meter Facilities on City Owned Streetlights Statement of Issue: On December 21, 2015, the City Council authorized the Southern California Gas Company (SCG) to enable SCG to attach their Data Collection Units (DCUs) to City owned streetlights. Subsequently, on June 5, 2017 the City Council approved Amendment No. 1 to the aforementioned agreement which enabled SCG to attach 18 more units on streetlights, as the City, by then, had acquired 10,000 streetlights from Southern California Edison. This second Amendment will enable SCG to install an additional 3 DCUs. Financial Impact: The Gas Company will pay to the City a one-time fee of $780 per pole ($2,340). The payment is based on a lease charge of $39 per pole for 20 years and will be deposited into the General Fund. Recommended Action: Approve and authorize the City Manager to execute “Amendment No. 2 to Attachment Agreement By and Between the City of Huntington Beach, California and Southern California Gas Company.” Alternative Action(s): Do not approve the Amendment and direct staff accordingly. Analysis: Since 2012, SCG has been rolling out their Advanced Metering Project (AMP) following the California Public Utilities Commission decision in 2010 to make gas utilities upgrade their existing supply of over six million natural gas meters by 2017. Advanced meters automatically read and securely transmit gas usage information to data collection units (DCUs). On December 21, 2015, the City Council approved an attachment agreement with SCG to allow SCG to attach three (3) DCUs on City owned streetlights. At that time, the City had not acquired any City of Huntington Beach Printed on 2/13/2019Page 1 of 2 powered by Legistar™31 File #:19-096 MEETING DATE:2/19/2019 to attach three (3) DCUs on City owned streetlights. At that time, the City had not acquired any streetlights from Southern California Edison (SCE). Subsequently, Council approved an amendment to the agreement on June 5, 2017,for an additional eighteen (18) units on streetlights, and by that time the City had nearly completed its acquisition with SCE. The price and terms remain the same as the previous amendment and original agreement, with the lease payment of $780 per pole for 20 years. Environmental Status: The lease agreement and the amendment are categorically exempt under the California Environmental Quality Act under Class 1, Existing Facilities. The attachment of equipment to an existing City facility involved negligible or no expansion of use beyond that previously existing. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Amendment No. 2 to Attachment Agreement By and Between the City of Huntington Beach, California and Southern California Gas Company. City of Huntington Beach Printed on 2/13/2019Page 2 of 2 powered by Legistar™32 33 34 City Siterra Site ID Selected Site Point Installation Type Site Location Latitude Longitude Jurisdiction DCU Installation Date Pole Owner HUNTINGTON BEACH MH6509 MH6509-A Attachment 1. On Warner Ave.; South of 4069 Warner Ave. 2. 184 ft.west of the west curb face of Sceptre Ln. 3. 2 ft. north of the north curbface of Warner Ave., Huntington Beach , Orange CA 92649 United States 33.711759 -118.057817 HUNTINGTON BEACH 28-Jul-17CityHUNTINGTON BEACH LH7035 LH7035-A Attachment 1) On Atlanta Ave; West of 2100 Beach Blvd2) 200' W/W curb face of Beach Blvd3) 2' N/N curb face of Atlanta Ave33.65774722 -117.9891917 HUNTINGTON BEACH 1-Jan-00 City HUNTINGTON BEACH MHx050 MHx050-A Attachment 1)On Seagate Dr; North of 18862 Breezy 2) 73ft. North ofthe North curb face of Breezy 3) 2ft. West of the West curb face of Seagate Dr, Huntington Beach, Orange County CA 92648 United States 33.688847 -117.999101 HUNTINGTON BEACH 8-Apr-16CityEXHIBIT C35 City of Huntington Beach File #:19-130 MEETING DATE:2/19/2019 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 Amendment No. 4 to Agreement with Biggs Cardosa Associates, Inc. (BCA) for bridge design services in the amount of $446,372, for a total contract amount not to exceed $2,813,797 and extending the contract term three (3) years Statement of Issue: The City has an existing professional services contract with Biggs Cardosa Associates, Inc. to provide bridge design services for various federally funded bridge rehabilitation projects that will expire on February 21, 2019. Staff is requesting that the existing contract be amended for the following reasons: 1) to extend the term of the contract to February 21, 2022,in order to comply with the three-year environmental mitigation and monitoring requirement imposed on the Warner Ave. Bridge by the California Coastal Commission; and 2) to provide for additional compensation for construction engineering support and environmental monitoring services for the upcoming Admiralty Dr. and Humboldt Dr. Bridge Rehabilitation Projects. Financial Impact: Funds for the $446,372 contract amendment are available in the Hwy Bridge Replacement & Rehabilitation account 96185001.82800. It is anticipated that 100% of eligible construction engineering costs will be reimbursable through federal highway bridge program grant funding. Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Amendment No. 4 to Agreement Between the City of Huntington Beach and Biggs Cardosa Associates, Inc. for Bridge Design Services” in the amount of $446,372 and extending the contract term three (3) years. Alternative Action(s): Do not approve the contract amendment and advise staff on how to proceed. Analysis: On February 22, 2011, the City entered into a professional services agreement with Biggs Cardosa Associates, Inc. (“BCA”) to provide bridge design services for federally funded bridge maintenance and rehabilitation projects throughout the City. Although the first three bridges, Warner Ave. bridge, City of Huntington Beach Printed on 2/13/2019Page 1 of 2 powered by Legistar™36 File #:19-130 MEETING DATE:2/19/2019 and rehabilitation projects throughout the City. Although the first three bridges, Warner Ave. bridge, Magnolia St. bridge, and Brookhurst St. bridge, were all relatively simple preventive maintenance projects, all three were located within or adjacent to environmentally sensitive areas such as the Bolsa Chica Reserve, Magnolia Marsh, and Brookhurst Marsh. Consequently, the additional environmental requirements imposed by the various federal and state regulatory agencies impacted BCA’s contract schedule and budget requiring previously approved Contract Amendment Nos. 1 and 2 which increased the total contract budget and extended the original contract term, respectively. The construction of the Warner Ave. Bridge Preventive Maintenance project was completed in the Summer of 2015.The California Coastal Commission required the City to revegetate a portion of the Bolsa Chica wetlands impacted during construction of the Warner Ave. bridge improvements. The Coastal Commission further required that the City monitor the revegetation work by a qualified biologist for three years following the completion of construction.Amendment No. 3, approved on December 21, 2015,extended the contract term to February 21, 2019,to complete the environmental mitigation and monitoring work on the Warner Bridge Project required by the Coastal Commission. The construction of the Magnolia St. and Brookhurst St. Bridge Preventive Maintenance projects was completed in July and September of 2018, respectively. BCA and their environmental consultant, GPA Consulting, performed the preliminary engineering, environmental, and regulatory permitting work related to both the Admiralty Dr. and Humboldt Dr. Bridge Rehabilitation projects. Currently it is anticipated that the federal grant construction funding for Admiralty Dr. Bridge Rehabilitation and Humboldt Dr. Bridge Rehabilitation will be authorized by FHWA and Caltrans in federal fiscal years 2019/20 and 2020/21, respectively. As BCA’s contract is due to expire on February 21, 2019, staff recommends that Amendment No. 4 be approved in order to authorize the additional contract term and compensation to enable BCA to provide the construction engineering support and environmental monitoring services for these two final bridge rehabilitation projects. Environmental Status: Not applicable for this action. Strategic Plan Goal: Enhance and maintain infrastructure Enhance and maintain public safety Attachment(s): 1. Amendment No. 4 to Agreement Between the City of Huntington Beach and Biggs Cardosa Associates, Inc. for Bridge Design Services. 2. Request for Contract Change Order No. 15 3. Request for Contract Change Order No. 16 City of Huntington Beach Printed on 2/13/2019Page 2 of 2 powered by Legistar™37 38 39 40 41 42 43 January 3, 2019 2010211D Mr. Jonathan Claudio City of Huntington Beach 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 Subject: Bridge Rehabilitation - Admiralty Drive Bridge Construction Engineering and Environmental Monitoring Services and Additional Regulatory Permitting Assistance (Optional) Request for Contract Change Order No. 15 Dear Jonathan: As requested, Biggs Cardosa Associates, Inc. is hereby providing a proposal for construction engineering and environmental monitoring services for the Admiralty Drive Bridge Rehabilitation Project. We understand the City’s goal is to construct the Admiralty Dr. Bridge during FY 19/20. Also, there may be a need for additional regulatory permitting assistance before the start of construction. Additional regulatory permitting assistance would be needed if a permit term is expiring and additional services would be required to coordinate with the regulatory agencies to renew the expiring permits issued for the project. Construction Engineering Services The following items of scope have resulted in an increased scope of services: Phase 5 – Construction Engineering Services Task 5.0 – Project Management During Construction We will provide management, administration, billing, coordination, etc. required to complete base construction services. Task 5.1 – Pre-construction Conference We will participate in a pre-construction conference. Task 5.2 – Construction Observations and Site Meetings We will monitor the construction schedule and perform periodic site visits during construction and report on the progress and quality of the work and compliance with the final plans and specification. Also when requested by the City, we will participate in site meetings to discuss field issues and clarify the project drawings in person. Up to 104 hours of construction observations and site meetings are assumed. Task 5.3 – Response to RFIs We will respond to Contractor’s Requests for Information (RFIs) to clarify our drawings and/or intent. We will also issue any required Contract Change Orders (CCOs). Generally, CCOs are required due to differing site conditions or because of Contractor’s deviations from the plans during construction and mitigation measures are needed. However, if the CCO is required due to errors or omissions on our plans, it is our policy to produce the required CCO at no cost to our Client. 44 Request for Contract Change Order No.15 January 3, 2019 Page 2 Task 5.4 – Review Contractor’s Submittals We will review concrete mixes, shop drawings and all Contractor submittals required by the specifications. Task 5.5 – Produce Record Set of Drawings At the end of construction, we will generate a Record Set of Drawings incorporating changes to our plans that occurred during construction. We will use information from any Contractor-generated or inspector-generated set of red-marked drawings and information we have collected from RFIs during construction. The Record Set of Drawings shall include color photographs (in hard copy and jpg format) that clearly show all components of the as-built project, and that are accompanied by a site plan that notes the location of each photographic viewpoint and the date and time of each photograph. At a minimum, the photographs shall be from representative viewpoints along the Huntington Beach Channel located directly upcoast, downcoast, and seaward of the project site, and show the entirety of the restored revetment and areas where vegetation was removed and subsequently replaced. The Record Set of Drawings shall be submitted with certification by a licensed civil engineer. Phase 6 – Environmental Monitoring Services Task 6.0 – Project Management During Monitoring We will provide management, administration, billing, coordination, etc. required to complete Environmental Monitoring. Task 6.1 – Pre-Construction Caulerpa Survey GPA will conduct an underwater Surveillance Level Survey for Caulerpa (Caulerpa taxifolia) prior to project initiation, as required by National Marine Fisheries Service (NMFS) and regulatory permits and defined within the NMFS Caulerpa Control Protocol (Version 4, February 25, 2008). A minimum of 20 percent of the channel bottom within the project area will be inspected by divers in SCUBA (self- contained underwater breathing apparatus) gear using underwater transects, or from the surface using remote underwater cameras, between 30 to 90 days of project initiation during the Caulerpa high growth season (typically March through October). GPA estimates this will require one day of surveying. If Caulerpa is found, the National Marine Fisheries Service (NMFS) and the California Department of Fish and Wildlife (CDFW) will be notified within 24 hours of the discovery. GPA will submit the survey forms and survey report to the City, NMFS, CDFW, U.S. Army Corps of Engineers (USACE), and California Coastal Commission (CCC) within 15 days after completion of the survey. Task 6.2 – Pre-Construction Eelgrass Survey GPA will conduct pre-construction eelgrass (Zostera marina) surveys beneath the bridge in the project area prior to project initiation, as required by regulatory permits. The surveys will be conducted by divers in SCUBA gear using underwater transects, or from the surface using remote underwater cameras, between 30 to 90 days of project initiation during the eelgrass high growth season (typically March through October). The eelgrass surveys will be performed concurrently with the Caulerpa surveys, and will require one day of surveying. The areas vegetated with eelgrass, as well as unvegetated areas within the survey area, will be documented and mapped. The pre-construction surveys will be conducted according to the survey parameters provided in the Southern California Eelgrass Mitigation Policy and will be valid until the next period of active growth. GPA will submit a survey report to the City, NMFS, CDFW, USACE, and CCC within 15 days following the survey. 45 Request for Contract Change Order No.15 January 3, 2019 Page 3 Task 6.3 – Pre-Construction Plant and Wildlife Surveys GPA will conduct pre-construction wildlife surveys no more than 48 hours prior to construction to determine the presence/absence of wildlife species, including special-status species, within 100 feet of the construction area. GPA will also survey for rare plant species within 50 feet of the construction area. Surveys will be repeated if construction activities are suspended for five days or more. If any special status or otherwise protected species are identified, appropriate measures will be developed and implemented to avoid impacts on these species, in consultation with the City and regulatory agencies as applicable. Task 6.4 – Pre-Construction Nesting Bird Surveys and Nest Monitoring Based on the NES and MND completed for the project, GPA understands that the City intends to schedule construction activities including vegetation removal, outside of the nesting bird/raptor season (February 1 to September 15), if feasible. However, in the event that construction, including vegetation removal, must be conducted during nesting season, GPA will perform nesting bird surveys no more than 48 hours prior to construction to determine if nesting birds or active nests are within vegetation slated for removal, on the bridge, beneath the bridge, or within 300 feet of the construction area. Surveys will be repeated if construction activities are suspended for five days or more. If nesting birds are found within 300 feet of the construction/vegetation removal area, GPA will assist the City with installation of appropriate buffers (typically 300 feet for songbirds and 500 feet for raptors), in coordination with the appropriate resource agencies, to ensure that nesting birds and/or their nests are not harmed. If any occupied nests of special-status species are identified, GPA will monitor the nests weekly (expected to be up to 12 visits over eight weeks), and construction activities within 300 feet of the nest (500 feet for raptors) to ensure that construction noise levels do not exceed 85 dB peak until the nest is vacated, juveniles have fledged, and there is no evidence of a second attempt at nesting. If any special-status or otherwise protected species are found in or adjacent to the construction area, GPA will coordinate with the City and regulatory agencies, if warranted, to develop and implement appropriate avoidance measures. GPA will summarize the results of the surveys and any subsequent coordination in a memo report for the project file. Task 6.5 – Construction and Permit Compliance Monitoring GPA will assist the City with ensuring that construction-related impact avoidance, minimization, and mitigation measures are monitored and successfully implemented. Prior to construction, GPA will compile CEQA, NEPA, and regulatory permit requirements and prepare a construction monitoring checklist that will be used to document compliance through the construction period and, if necessary, provide documentation to regulatory agencies. The checklist will be included in monthly construction monitoring reports. GPA will monitor specific activities as required by project permits, including oversight of designation and flagging of environmentally sensitive areas, implementation of Best Management Practices (BMP), and invasive species removal, if required. GPA will measure turbidity, dissolved oxygen, temperature, and pH levels downstream of the Admiralty Drive Bridge construction area per the requirements of the 401 Water Quality Certification. Water samples will be taken daily during the time that the coffer dam is in place, expected to be approximately one to three weeks. Results will be provided daily to the City, and will be included in the monthly construction monitoring reports. GPA will record the results of each monitoring visit and will summarize the results in a monthly construction monitoring report for the project file. GPA will coordinate with the City as needed to correct any conditions that are out of compliance during monitoring visits. GPA will be on call to conduct additional monitoring visits if any situations arise in which additional coordination is needed, such as discovery of unanticipated resources, or other situations that could potentially result in adverse effects on protected species or in permit non-compliance. 46 Request for Contract Change Order No.15 January 3, 2019 Page 4 Task 6.6 – Agency Submittals and Notifications GPA will coordinate with BCA and the City to complete any required pre-construction submittals and notification to regulatory agencies as part of environmental approvals for the project, including the USACE, Regional Water Quality Control Board, CCC, and Caltrans (GPA estimates up to 15 submittals may be required). Pre-construction notifications may include those required by regulatory permits prior to initiating construction, and submittals may include items such as final design plans. GPA will coordinate with the City to gather and/or prepare the necessary documentation and will submit the information to the agencies, as required. During the construction phase, GPA will provide required notifications and/or reports to comply with permits. These notifications may be needed if any unanticipated issues arise in the field, or if certain project activities require additional coordination with regulatory agencies. GPA will coordinate with BCA and the City to complete any required post-construction submittals and notifications to regulatory agencies as part of environmental approvals for the project. Notifications may include those required by regulatory permits to document and summarize the results of project construction and post-construction conditions, including the USACE Post-project Implementation Memorandum. GPA will coordinate with BCA and the City to gather and/or prepare the necessary documentation and will submit the information to the agencies, as required. GPA will keep a detailed written record of monitoring activities for the duration of the project, including written monitoring report forms and a copy of all correspondence regarding environmental compliance. Following construction, GPA will provide copies of this information to the appropriate agencies, and will provide the necessary documentation to the resource agencies needed to comply with environmental permits. Task 6.7 – Environmental Commitment Record Maintenance and Updates GPA will prepare, update, and maintain the environmental commitments record (ECR) and will document completion of all environmental commitments throughout the pre-construction and construction monitoring phases (GPA estimates monthly updates will be required). GPA will update and maintain both electronic and hard copies of the ECR and all documentation associated with environmental compliance and will coordinate with the City regarding monthly updates to the ECR and delivery of the final ECR to Caltrans. Task 6.8 – (Optional) Post-construction Eelgrass Surveys If eelgrass is observed during pre-construction surveys, GPA will conduct two years of post- construction eelgrass monitoring surveys per the guidelines provided in the Southern California Eelgrass Mitigation Policy and the requirements of NMFS and USACE. The surveys will document the changes in the eelgrass habitat (areal extent, bottom coverage, and shoot density within eelgrass bunches). The second and third post-construction surveys will be used to evaluate any indirect impacts on eelgrass that may have resulted from the project. The results of each survey will be summarized in an Eelgrass Survey Report. GPA will submit the survey reports to the NMFS, CDFW, USACE, and CCC within 30 days of completion of the surveys. If the post- construction surveys identify that impacts on eelgrass have resulted from the project, consultation with NMFS and other regulatory agencies will be conducted to determine if compensatory mitigation is necessary. 47 Request for Contract Change Order No.15 January 3, 2019 Page 5 ***** Construction Engineering and Environmental Monitoring Services (Construction Phase) Please see the attached fee spreadsheet of the proposed services during the construction of the Admiralty Drive Bridge, for further information on the fee breakdown. The additional services requested amount to the following: GPA Consulting $74,797 W.G. Zimmerman $17,343 Biggs Cardosa $84,386 $176,526 This requested fee is proposed to be broken up as follows: Requested Fee Admiralty Drive Bridge Phase 5 – Base Construction Services $92,359 Phase 6 – Environmental Monitoring Services $84,167 Requested Fee Total $176,526 If needed, a 10% contingency for Miscellaneous Engineering and Environmental Services (Construction Phase) is also requested. 10% Contingency $17,653 We look forward to continuing to work with you on this project. Should you have any questions or require any additional information, please do not hesitate to contact me at the telephone number, fax number or address on the front page of this letter, or by email at mthomas@biggscardosa.com. Sincerely, Accepted, BIGGS CARDOSA CITY OF ASSOCIATES, INC. HUNTINGTON BEACH _____________________________ Michael A. Thomas, SE Name: _______________________ Principal, Project Manager Title: ________________________ 48 Request for Contract Change Order No.15 January 3, 2019 Page 6 Additional Regulatory Permitting Assistance (Optional) GPA Consulting (GPA) will monitor the expiration timelines of the regulatory permits for the project. If a permit term is expiring, GPA will notify Biggs Cardosa (BCA) and the City of Huntington Beach (City) and will coordinate with the regulatory agencies to renew the expiring permits issued for the project. The additional scope of work would impact the following tasks: Phase 2 (Optional) – Environmental Services (Optional Services) Task 2.5 (Optional) – Environmental Permitting The project would involve temporary and permanent activities within the Queen Elizabeth Passage in Huntington Harbor, which is considered a navigable water of the U.S. and is within the coastal zone. Implementation of the project would include temporary activities that would be needed to construct the project. As a result, the following permits and agreements were obtained and need to be renewed if endanger of expiring before the construction period:  ACOE Section 404 Construction Authorization (Nationwide Permit) and Rivers and Harbors Act Section 10  Regional Water Quality Control Board (RWQCB) Section 401 Water Quality Certification  California Department of Fish and Game Section 1602 Streambed Alteration Agreement  U.S. Coast Guard Rivers and Harbors Act Section 9 Bridge Permit  California Coastal Commission Coastal Development Permit/Local Coastal Permit GPA will compile the necessary information and will prepare the application/notification packages for submittal when and if permit term is expiring. GPA will then submit the application package to BCA and will coordinate with BCA, the City, Caltrans, and resource agencies (if requested) as needed to resolve issues and obtain necessary approvals. ***** Environmental Services (Optional Services Design Phase) Please see the attached fee spreadsheet of the proposed Additional Regulatory Permitting Assistance for the Admiralty Drive Bridge, for further information on the fee breakdown. The optional services may amount to the following: GPA Consulting $8,274 Biggs Cardosa Associates $1,057 $9,331 This requested fee is proposed to be added as follows: Requested Added Fee Admiralty Drive Bridge Phase 2 – Environmental Services $9,331 Requested Fee Total $9,331 49 Request for Contract Change Order No.15 January 3, 2019 Page 7 If needed, a 10% contingency for Environmental Services (Optional Services Design Phase) is also requested. 10% Contingency $933 We look forward to continuing to work with you on this project. Should you have any questions or require any additional information, please do not hesitate to contact me at the telephone number, fax number or address on the front page of this letter, or by email at mthomas@biggscardosa.com. Sincerely, Accepted, BIGGS CARDOSA CITY OF ASSOCIATES, INC. HUNTINGTON BEACH _____________________________ Michael A. Thomas, SE Name: _______________________ Principal, Project Manager Title: ________________________ 50 Admiralty Drive Bridge Rehabilitation (Bridge No. 55C-0282) PHASE 5: CONSTRUCTION ENGINEERING SERVICESBiggs Cardosa Associates, Inc.W. G. ZimmermanGPA ConsultingM. Thomas R. Sanguinetti E. PfeiferD. Punia R. Martinez D. Mancini ZimmermanC. Cordero M. BrustR. Galvin M. SchraderE. Silva S. Glowacki J. Vu J. MorrisonA. Shippey K. WarnerTotalTaskPrincipal Engineering SeniorStaffStaffSr, ComputerProjectProject Associated Principal Env. Senior Assoc. Senior Env. SeniorAssociate Associate BiologistAssociate HoursManagerEngineerEngineerEngineerDrafterManagerEngineerEngineerPlannerPlannerPlannerBiologistBiologistBiologistBiologistConstruction Services5.0Project Management During Construction10 70 8 88 5.1Pre-Construction Conference12 6 6 24 5.2Construction Observations and Meetings8 76 4 16 104 5.3Response to RFIs24 40 40 4 8 36 152 5.4Review Contractor's Submittals24 40 60 80 8 40 252 5.5Produce Record Set of Drawings12 8 8 6 34 Subtotal Hours10150156100888122610400000000654Hourly Rate $290.69 $176.11 $151.33 $107.74 $108.60 $119.26 $236.61 $173.51 $94.64 $207.36 $152.96 $131.12 $129.76 $92.18 $73.85 $91.74 $92.74Subtotal Budget $2,907 $26,417 $23,608 $10,774 $9,556 $954 $2,839 $4,511 $9,843 $0 $0 $0 $0 $0 $0 $0 $0 $91,409Reimbursable CostsPreproduction, Shipping and Mileage$800$150$950TOTAL CONSTRUCTION ENGINEERING SERVICES$92,359PHASE 6: ENVIRONMENTAL MONITORING SERVICESM. Thomas R. Sanguinetti E. PfeiferD. Punia R. Martinez D. Mancini Zimmerman C. Cordero M. Brust R. Galvin M. SchraderE. Silva S. Glowacki J. Vu J. MorrisonA. Shippey K. WarnerTotalTaskPrincipal Engineering SeniorStaffStaffSr, ComputerProjectProject Associated Principal Env. Senior Assoc. Senior Env. SeniorAssociate Associate BiologistAssociate HoursManagerEngineerEngineerEngineerDrafterManagerEngineerEngineerPlannerPlannerPlannerBiologistBiologistBiologistBiologistEnvironmental Services6.0 Project Management During Monitoring 8 40 8 24 80 6.1 Pre-Construction Caulerpa Surveys4 12 36 52 6.2 Pre-Construction Eelgrass Surveys4 12 12 36 64 6.3 Pre-Construction Plant and Wildlife Surveys4 12 8 24 6.4 Pre-Construction Nesting Bird Surveys and Monitoring4 16 32 52 6.5 Construction and Permit Compliance Monitoring16 80 120 216 6.6Agency Submittals and Notifications8 32 12 52 6.7 Environmental Commitments Record and Updates24 40 64 6.8 (Optional) Post-Construction Eelgrass Surveys8 32 24 40 16 120 Subtotal Hours8 400000000848 232 252 112 16 8 724Hourly Rate $290.69 $176.11 $151.33 $107.74 $108.60 $119.26 $236.61 $173.51 $94.64 $207.36 $152.96 $131.12 $129.76 $92.18 $73.85 $91.74 $92.74Subtotal Budget $2,326 $7,044 $0 $0 $0 $0 $0 $0 $0 $1,659 $7,342 $0 $30,103 $23,228 $8,272 $1,468 $742 $82,184Reimbursable CostsPreproduction, Shipping, Mileage and SCUBA Gear$1,983$1,983TOTAL ENVIRONMENTAL MONITORING SERVICES$84,167M. Thomas R. Sanguinetti E. PfeiferD. Punia R. Martinez D. Mancini Zimmerman C. Cordero M. Brust R. Galvin M. SchraderE. Silva S. Glowacki J. Vu J. MorrisonA. Shippey K. WarnerTotalPrincipal Engineering SeniorStaffStaffSr, ComputerProjectProject Associated Principal Env. Senior Assoc. Senior Env. SeniorAssociate Associate BiologistAssociate HoursManagerEngineerEngineerEngineerDrafterManagerEngineerEngineerPlannerPlannerPlannerBiologistBiologistBiologistBiologistTotal ServicesTotal Hours 18 190 156 100 88 8 12 26 104 8 48 232 252 112 16 8 1,378Hourly Rate $290.69 $176.11 $151.33 $107.74 $108.60 $119.26 $236.61 $173.51 $94.64 $207.36 $152.96 $131.12 $129.76 $92.18 $73.85 $91.74 $92.74Subtotal Budget $5,232 $33,461 $23,608 $10,774 $9,556 $954 $2,839 $4,511 $9,843 $1,659 $7,342 $0 $30,103 $23,228 $8,272 $1,468 $742 $173,593Reimbursable CostsPreproduction, Shipping, Mileage and SCUBA Gear$800$150 $1,983$2,933TOTAL SERVICES$176,526$84,386$17,344$74,797Notes: The rates provided above are fully burdened, including labor burden, overhead and profit.$84,386$17,344$49,877 $43,073 $65,057The billing will be done based on the actual rates for the individuals who work on the project, at the time they perform their work, and not the average rates shown.64467651 Admiralty Drive Bridge Rehabilitation (Bridge No. 55C-0282) PHASE 2 (OPTIONAL): ENVIRONMENTAL SERVICESBiggs Cardosa Associates, Inc.W. G. ZimmermanGPA ConsultingM. Thomas R. Sanguinetti E. PfeiferD. Punia R. Martinez D. Mancini ZimmermanC. Cordero M. BrustR. Galvin M. SchraderE. Silva S. Glowacki J. Vu J. MorrisonA. Shippey K. WarnerTotalTaskPrincipal Engineering SeniorStaffStaffSr, ComputerProjectProject Associated Principal Env. Senior Assoc. Senior Env. SeniorAssociate Associate BiologistAssociate HoursManagerEngineerEngineerEngineerDrafterManagerEngineerEngineerPlannerPlannerPlannerBiologistBiologistBiologistBiologist(Optional) Environmental Services2.5(Optional) Environmental Permitting6 8 12 24 32 82 Subtotal Hours0600000000812240320082Hourly Rate $290.69 $176.11 $151.33 $107.74 $108.60 $119.26 $236.61 $173.51 $94.64 $207.36 $152.96 $131.12 $129.76 $92.18 $73.85 $91.74 $92.74Subtotal Budget $0 $1,057 $0 $0 $0 $0 $0 $0 $0 $0 $1,224 $1,573 $3,114 $0 $2,363 $0 $0 $9,331Reimbursable CostsPreproduction, Shipping and Mileage$0TOTAL (OPTIONAL): ENVIRONMENTAL SERVICES$9,331Notes: The rates provided above are fully burdened, including labor burden, overhead and profit.The billing will be done based on the actual rates for the individuals who work on the project, at the time they perform their work, and not the average rates shown.52 January 3, 2019 2010211E Mr. Jonathan Claudio City of Huntington Beach 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 Subject: Bridge Rehabilitation - Humboldt Drive Bridge Construction Engineering and Environmental Monitoring Services and Additional Regulatory Permitting Assistance (Optional) Request for Contract Change Order No. 16 Dear Jonathan: As requested, Biggs Cardosa Associates, Inc. is hereby providing a proposal for construction engineering and environmental monitoring services for the Humboldt Drive Bridge Rehabilitation Project. We understand the City’s goal is to construct the Humboldt Dr. Bridge during FY 20/21. Also, there may be a need for additional regulatory permitting assistance before the start of construction. Additional regulatory permitting assistance would be needed if a permit term is expiring and additional services would be required to coordinate with the regulatory agencies to renew the expiring permits issued for the project. Construction Engineering Services The following items of scope have resulted in an increased scope of services: Phase 5 – Construction Engineering Services Task 5.0 – Project Management During Construction We will provide management, administration, billing, coordination, etc. required to complete base construction services. Task 5.1 – Pre-construction Conference We will participate in a pre-construction conference. Task 5.2 – Construction Observations and Site Meetings We will monitor the construction schedule and perform periodic site visits during construction and report on the progress and quality of the work and compliance with the final plans and specification. Also when requested by the City, we will participate in site meetings to discuss field issues and clarify the project drawings in person. Up to 128 hours of construction observations and site meetings are assumed. Task 5.3 – Response to RFIs We will respond to Contractor’s Requests for Information (RFIs) to clarify our drawings and/or intent. We will also issue any required Contract Change Orders (CCOs). Generally, CCOs are required due to differing site conditions or because of Contractor’s deviations from the plans during construction and mitigation measures are needed. However, if the CCO is required due to errors or omissions on our plans, it is our policy to produce the required CCO at no cost to our Client. Task 5.4 – Review Contractor’s Submittals We will review concrete mixes, shop drawings and all Contractor submittals required by the specifications. 53 Request for Contract Change Order No.16 January 3, 2019 Page 2 Task 5.5 – Produce Record Set of Drawings At the end of construction, we will generate a Record Set of Drawings incorporating changes to our plans that occurred during construction. We will use information from any Contractor-generated or inspector- generated set of red-marked drawings and information we have collected from RFIs during construction. The Record Set of Drawings shall include color photographs (in hard copy and jpg format) that clearly show all components of the as-built project, and that are accompanied by a site plan that notes the location of each photographic viewpoint and the date and time of each photograph. At a minimum, the photographs shall be from representative viewpoints along the Huntington Beach Channel located directly upcoast, downcoast, and seaward of the project site, and show the entirety of the restored revetment and areas where vegetation was removed and subsequently replaced. The Record Set of Drawings shall be submitted with certification by a licensed civil engineer. Phase 6 – Environmental Monitoring Services Task 6.0 – Project Management During Monitoring We will provide management, administration, billing, coordination, etc. required to complete Environmental Monitoring. Task 6.1 – Pre-construction Plant and Wildlife Surveys GPA will conduct pre-construction wildlife surveys no more than 48 hours prior to construction to determine the presence/absence of wildlife species, including special-status species, within 100 feet of the construction area. GPA will also survey for rare plant species within 50 feet of the construction area. Surveys will be repeated if construction activities are suspended for five days or more. If any special status or otherwise protected species are identified, appropriate measures will be developed and implemented to avoid impacts on these species, in consultation with the City and regulatory agencies as applicable. Task 6.2 – Pre-construction Nesting Bird Surveys and Nest Monitoring Based on the NES and MND completed for the project, GPA understands that the City intends to schedule construction activities including vegetation removal, outside of the nesting bird/raptor season (February 1 to September 15), if feasible. However, in the event that construction, including vegetation removal, must be conducted during nesting season, GPA will perform nesting bird surveys no more than 48 hours prior to construction to determine if nesting birds or active nests are within vegetation slated for removal, on the bridge, beneath the bridge, or within 300 feet of the construction area. Surveys will be repeated if construction activities are suspended for five days or more. If nesting birds are found within 300 feet of the construction/vegetation removal area, GPA will assist the City with installation of appropriate buffers (typically 300 feet for songbirds and 500 feet for raptors), in coordination with the appropriate resource agencies, to ensure that nesting birds and/or their nests are not harmed. If any occupied nests of special-status species are identified, GPA will monitor the nests weekly (expected to be up to 12 visits over eight weeks), and construction activities within 300 feet of the nest (500 feet for raptors) to ensure that construction noise levels do not exceed 85 dB peak until the nest is vacated, juveniles have fledged, and there is no evidence of a second attempt at nesting. If any special-status or otherwise protected species is found in or adjacent to the construction area, GPA will coordinate with BCA, the City, and resource agencies, if warranted, to develop and implement appropriate avoidance measures. GPA will summarize the results of the surveys and any subsequent coordination in a memo format report for the project file. Task 6.3 – Construction and Permit Compliance Monitoring GPA will assist the City with ensuring that construction-related impact avoidance, minimization, and mitigation measures are monitored and successfully implemented. Prior to construction, GPA will compile CEQA, NEPA, and regulatory permit requirements and prepare a construction monitoring checklist that 54 Request for Contract Change Order No.16 January 3, 2019 Page 3 will be used to document compliance through the construction period and, if necessary, provide documentation to regulatory agencies. The checklist will be included in monthly construction monitoring reports. GPA will monitor specific activities as required by project permits, including oversight of designation and flagging of environmentally sensitive areas, implementation of Best Management Practices (BMP), and invasive species removal, if required. GPA will measure turbidity, dissolved oxygen, temperature, and pH levels downstream of the Humboldt Drive Bridge construction area per the requirements of the 401 Water Quality Certification. Water samples will be taken daily during the time that the coffer dam is in place, expected to be approximately one to three weeks. Results will be provided daily to the City, and will be included in the monthly construction monitoring reports. GPA will record the results of each monitoring visit and will summarize the results in a monthly construction monitoring report for the project file. GPA will coordinate with the City as needed to correct any conditions that are out of compliance during monitoring visits. GPA will be on call to conduct additional monitoring visits if any situations arise in which additional coordination is needed, such as discovery of unanticipated resources, or other situations that could potentially result in adverse effects on protected species or in permit non-compliance. Task 6.4 – Agency Submittals and Notifications GPA will coordinate with BCA and the City to complete any required pre-construction submittals and notification to regulatory agencies as part of environmental approvals for the project, including the USACE, Regional Water Quality Control Board, CCC, and Caltrans (GPA estimates up to 15 submittals may be required). Pre-construction notifications may include those required by regulatory permits prior to initiating construction, and submittals may include items such as final design plans. GPA will coordinate with the City to gather and/or prepare the necessary documentation and will submit the information to the agencies, as required. During the construction phase, GPA will provide required notifications and/or reports to comply with permits. These notifications may be needed if any unanticipated issues arise in the field, or if certain project activities require additional coordination with regulatory agencies. GPA will coordinate with BCA and the City to complete any required post-construction submittals and notifications to regulatory agencies as part of environmental approvals for the project. Notifications may include those required by regulatory permits to document and summarize the results of project construction and post-construction conditions, including the USACE Post-project Implementation Memorandum. GPA will coordinate with BCA and the City to gather and/or prepare the necessary documentation and will submit the information to the agencies, as required . GPA will keep a detailed written record of monitoring activities for the duration of the project, including written monitoring report forms and a copy of all correspondence regarding environmental compliance. Following construction, GPA will provide copies of this information to the appropriate agencies, and will provide the necessary documentation to the resource agencies needed to comply with environmental permits. Task 6.5 – Environmental Commitment Record Maintenance and Updates GPA will prepare, update, and maintain the environmental commitments record (ECR) and will document completion of all environmental commitments throughout the pre-construction and construction monitoring phases (GPA estimates monthly updates will be required). GPA will update and maintain both electronic and hard copies of the ECR and all documentation associated with environmental compliance and will coordinate with the City regarding monthly updates to the ECR and delivery of the final ECR to Caltrans. 55 Request for Contract Change Order No.16 January 3, 2019 Page 4 ***** Construction Engineering and Environmental Monitoring Services (Construction Phase) Please see the attached fee spreadsheet of the proposed services during the construction of the Humboldt Drive Bridge, for further information on the fee breakdown. The additional services requested amount to the following: GPA Consulting $49,522 W.G. Zimmerman $31,121 Biggs Cardosa $129,962 $210,605 This requested fee is proposed to be broken up as follows: Requested Fee Humboldt Drive Bridge Phase 5 – Base Construction Services $151,715 Phase 6 – Environmental Monitoring Services $58,890 Requested Fee Total $210,605 If needed, a 10% contingency for Miscellaneous Engineering and Environmental Services (Construction Phase) is also requested. 10% Contingency $21,060 We look forward to continuing to work with you on this project. Should you have any questions or require any additional information, please do not hesitate to contact me at the telephone number, fax number or address on the front page of this letter, or by email at mthomas@biggscardosa.com. Sincerely, Accepted, BIGGS CARDOSA CITY OF ASSOCIATES, INC. HUNTINGTON BEACH _____________________________ Michael A. Thomas, SE Name: _______________________ Principal, Project Manager Title: ________________________ 56 Request for Contract Change Order No.16 January 3, 2019 Page 5 Additional Regulatory Permitting Assistance (Optional) GPA Consulting (GPA) will monitor the expiration timelines of the regulatory permits for the project. If a permit term is expiring, GPA will notify Biggs Cardosa (BCA) and the City of Huntington Beach (City) and will coordinate with the regulatory agencies to renew the expiring permits issued for the project. The additional scope of work would impact the following tasks: Phase 2 (Optional) – Environmental Services (Optional Services) Task 2.5 (Optional) – Environmental Permitting The project would involve temporary and permanent activities within the Short Channel in Huntington Harbor, which is considered a navigable water of the U.S. and is within the coastal zone. Implementation of the project would include temporary activities that would be needed to construct the project. As a result, the following permits and agreements were obtained and need to be renewed if endanger of expiring before the construction period:  ACOE Section 404 Construction Authorization (Nationwide Permit) and Rivers and Harbors Act Section 10  Regional Water Quality Control Board (RWQCB) Section 401 Water Quality Certification  California Department of Fish and Game Section 1602 Streambed Alteration Agreement  U.S. Coast Guard Rivers and Harbors Act Section 9 Bridge Permit  California Coastal Commission Coastal Development Permit/Local Coastal Permit GPA will compile the necessary information and will prepare the application/notification packages for submittal when and if permit term is expiring. GPA will then submit the application package to BCA and will coordinate with BCA, the City, Caltrans, and resource agencies (if requested) as needed to resolve issues and obtain necessary approvals. ***** Environmental Services (Optional Services Design Phase) Please see the attached fee spreadsheet of the proposed Additional Regulatory Permitting Assistance for the Humboldt Drive Bridge, for further information on the fee breakdown. The optional services may amount to the following: GPA Consulting $8,274 Biggs Cardosa Associates $1,057 $9,331 This requested fee is proposed to be added as follows: Requested Added Fee Humboldt Drive Bridge Phase 2 – Environmental Services $9,331 Requested Fee Total $9,331 57 Request for Contract Change Order No.16 January 3, 2019 Page 6 If needed, a 10% contingency for Environmental Services (Optional Services Design Phase) is also requested. 10% Contingency $933 We look forward to continuing to work with you on this project. Should you have any questions or require any additional information, please do not hesitate to contact me at the telephone number, fax number or address on the front page of this letter, or by email at mthomas@biggscardosa.com. Sincerely, Accepted, BIGGS CARDOSA CITY OF ASSOCIATES, INC. HUNTINGTON BEACH _____________________________ Michael A. Thomas, SE Name: _______________________ Principal, Project Manager Title: ________________________ 58 Humboldt Drive Bridge Rehabilitation (Bridge No. 55C-0284) PHASE 5: CONSTRUCTION ENGINEERING SERVICESBiggs Cardosa Associates, Inc.W. G. ZimmermanGPA ConsultingM. Thomas R. Sanguinetti E. PfeiferD. PuniaR. MartinezD. ManciniZimmermanC. Cordero M. BrustR. Galvin M. SchraderE. SilvaS. GlowackiJ. Vu J. MorrisonA. ShippeyK. WarnerTotalTaskPrincipal Engineering SeniorStaffStaffSr, ComputerProjectProject Associated Principal Env. Senior Assoc. Senior Env. SeniorAssociate Associate BiologistAssociate HoursManagerEngineerEngineerEngineerDrafterManagerEngineerEngineerPlannerPlannerPlannerBiologistBiologistBiologistBiologistConstruction Services5.0Project Management During Construction20 80 8 108 5.1Pre-Construction Conference12 6 6 24 5.2Construction Observations and Meetings12 80 16 20 128 5.3Response to RFIs40 80 80 4 20 60 284 5.4Review Contractor's Submittals40 80 100 160 32 60 472 5.5Produce Record Set of Drawings16 24 24 14 78 Subtotal Hours 20 200 240 180 184 24 12 74 16000000000 1,094Hourly Rate $290.69 $176.11 $151.33 $107.74 $108.60 $119.26 $236.61 $173.51 $94.64 $207.36 $152.96 $131.12 $129.76 $92.18 $73.85 $91.74 $92.74Subtotal Budget $5,814 $35,222 $36,320 $19,392 $19,981 $2,862 $2,839 $12,840 $15,143 $0 $0 $0 $0 $0 $0 $0 $0 $150,415Reimbursable CostsPreproduction, Shipping and Mileage$1,000$300$1,300TOTAL CONSTRUCTION ENGINEERING SERVICES$151,715PHASE 6: ENVIRONMENTAL MONITORING SERVICESM. Thomas R. Sanguinetti E. PfeiferD. PuniaR. MartinezD. ManciniZimmerman C. Cordero M. BrustR. Galvin M. SchraderE. SilvaS. GlowackiJ. Vu J. MorrisonA. ShippeyK. WarnerTotalTaskPrincipal Engineering SeniorStaffStaffSr, ComputerProjectProject Associated Principal Env. Senior Assoc. Senior Env. SeniorAssociate Associate BiologistAssociate HoursManagerEngineerEngineerEngineerDrafterManagerEngineerEngineerPlannerPlannerPlannerBiologistBiologistBiologistBiologistEnvironmental Services6.0 Project Management During Monitoring8 40 8 24 80 6.1 Pre-Construction Plant and Wildlife Surveys4 12 8 24 6.2 Pre-Construction Nesting Bird Surveys and Monitoring4 16 32 52 6.3 Construction and Permit Compliance Monitoring8 60 120 188 6.4Agency Submittals and Notifications8 32 12 52 6.5 Environmental Commitments Record and Updates4 36 40 80 Subtotal Hours8 400000000828 168 216 8 476Hourly Rate $290.69 $176.11 $151.33 $107.74 $108.60 $119.26 $236.61 $173.51 $94.64 $207.36 $152.96 $131.12 $129.76 $92.18 $73.85 $91.74 $92.74Subtotal Budget $2,326 $7,044 $0 $0 $0 $0 $0 $0 $0 $1,659 $4,283 $0 $21,799 $19,910 $0 $0 $742 $57,762Reimbursable CostsPreproduction, Shipping, Mileage and SCUBA Gear$1,128$1,128TOTAL ENVIRONMENTAL MONITORING SERVICES$58,890M. Thomas R. Sanguinetti E. PfeiferD. PuniaR. MartinezD. ManciniZimmerman C. Cordero M. BrustR. Galvin M. SchraderE. SilvaS. GlowackiJ. Vu J. MorrisonA. ShippeyK. WarnerTotalPrincipal Engineering SeniorStaffStaffSr, ComputerProjectProject Associated Principal Env. Senior Assoc. Senior Env. SeniorAssociate Associate BiologistAssociate HoursManagerEngineerEngineerEngineerDrafterManagerEngineerEngineerPlannerPlannerPlannerBiologistBiologistBiologistTotal ServicesTotal Hours 28 240 240 180 184 24 12 74 160 8 28 168 216 8 1,570Hourly Rate $290.69 $176.11 $151.33 $107.74 $108.60 $119.26 $236.61 $173.51 $94.64 $207.36 $152.96 $131.12 $129.76 $92.18 $73.85 $91.74 $92.74Subtotal Budget $8,139 $42,267 $36,320 $19,392 $19,981 $2,862 $2,839 $12,840 $15,143 $1,659 $4,283 $0 $21,799 $19,910 $0 $0 $742 $208,177Reimbursable CostsPreproduction, Shipping, Mileage and SCUBA Gear$1,000$300 $1,128$2,428TOTAL SERVICES$210,605$129,962$31,122$49,520Notes: The rates provided above are fully burdened, including labor burden, overhead and profit.The billing will be done based on the actual rates for the individuals who work on the project, at the time they perform their work, and not the average rates shown.58042859 Humboldt Drive Bridge Rehabilitation (Bridge No. 55C-0284) PHASE 2 (OPTIONAL): ENVIRONMENTAL SERVICESBiggs Cardosa Associates, Inc.W. G. ZimmermanGPA ConsultingM. Thomas R. Sanguinetti E. PfeiferD. PuniaR. MartinezD. ManciniZimmermanC. Cordero M. BrustR. Galvin M. SchraderE. SilvaS. GlowackiJ. Vu J. MorrisonA. ShippeyK. WarnerTotalTaskPrincipal Engineering SeniorStaffStaffSr, ComputerProjectProject Associated Principal Env. Senior Assoc. Senior Env. SeniorAssociate Associate BiologistAssociate HoursManagerEngineerEngineerEngineerDrafterManagerEngineerEngineerPlannerPlannerPlannerBiologistBiologistBiologistBiologist(Optional) Environmental Services2.5(Optional) Environmental Permitting6 8 12 24 32 82 Subtotal Hours0600000000812240320082Hourly Rate $290.69 $176.11 $151.33 $107.74 $108.60 $119.26 $236.61 $173.51 $94.64 $207.36 $152.96 $131.12 $129.76 $92.18 $73.85 $91.74 $92.74Subtotal Budget $0 $1,057 $0 $0 $0 $0 $0 $0 $0 $0 $1,224 $1,573 $3,114 $0 $2,363 $0 $0 $9,331Reimbursable CostsPreproduction, Shipping and Mileage$0TOTAL (OPTIONAL): ENVIRONMENTAL SERVICES$9,331Notes: The rates provided above are fully burdened, including labor burden, overhead and profit.The billing will be done based on the actual rates for the individuals who work on the project, at the time they perform their work, and not the average rates shown.60 City of Huntington Beach File #:19-169 MEETING DATE:2/19/2019 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 Lease Agreement between the City of Huntington Beach and Primo Nosh Chefs LLC, for operation of food concessions at the Huntington Beach Sports Complex Statement of Issue: The City Council is asked to approve a five-year Lease Agreement, between the City of Huntington Beach and Primo Nosh Chefs LLC, for operation of two concession buildings located at the Huntington Beach Sports Complex, with an option to extend for up to one additional five-year term. Financial Impact: The proposed lease agreement will result in rent for the Sports Complex Concessions. The Operator will pay the greater of minimum rent or a percentage of gross revenue. Per year, the operator will pay a minimum rent of $15,000, which shall be deposited in Account No. 10000100.43150. The lease will be adjusted by the annual increase in the Consumer Price Index each year. Additional percentage revenues may be realized based on the formula presented below. In the first year of the Agreement, gross revenues would need to exceed $150,000 in order for the Operator to pay more than the minimum rent amount of $15,000. Recommended Action: A) Approve the “Lease Agreement Between the City of Huntington Beach and Primo Nosh Chefs LLC, For Operation of a Food Concession at the Huntington Beach Sport Complex;” and, B) Authorize City Manager to execute the Agreement and other related documents. Alternative Action(s): Do not approve the lease agreement and direct staff accordingly Analysis: In September of 2018, the City released a RFP for the operation of the Sports Complex Concession City of Huntington Beach Printed on 2/13/2019Page 1 of 2 powered by Legistar™61 File #:19-169 MEETING DATE:2/19/2019 Stands. The City received three proposals which were reviewed by staff from the Office of Business Development and Community Services. The top two respondents were interviewed. Based upon the proposal and background experience, Primo Nosh Chefs were selected to serve as the new operator of the concession stands. Primo Nosh has significant experience operating concession stands and has worked with other public agencies such as Golden West College and the Orange County Sheriff’s Department. The Economic Development Committee (EDC) reviewed the results of the RFP and are in support of the agreement. The proposed Lease Agreement with Primo Nosh contains the following terms and conditions: ·Five-year term with one five-year extension; ·100 minimum days open; ·Lessee responsible for utility charges; ·Lessee will provide custodial maintenance of restrooms during business hours; ·Lessee shall keep and maintain a point-of-sale system and accurate books and records; ·Operator shall maintain all concession signage in good appearance at all times; and, ·Concession services shall be provided in a manner to meet the needs of the visiting public with the highest customer service standards. The rent generated by the lease agreement consists of a minimum rent of $1,250 per month ($15,000 per year) and a monthly percentage share of the sales conducted on the premises. The percentage share is as follows: Sales Volume (Per Lease Year)Percentage Rent $0 - $100,000 8% $100,000.01 - $150,000 10% Over $150,000 12% Environmental Status: Not applicable Strategic Plan Goal: Strengthen economic and financial sustainability Attachment(s): 1. “Lease Agreement Between the City of Huntington Beach and Primo Nosh Chefs LLC, For Operation of a Food Concession at the Huntington Beach Sport Complex” City of Huntington Beach Printed on 2/13/2019Page 2 of 2 powered by Legistar™62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 City of Huntington Beach File #:19-200 MEETING DATE:2/19/2019 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 No. 4163 amending Huntington Beach Municipal Code Chapter 5.56 related to Alarm Systems both residential and commercial, burglary alarms Approved for introduction February 4, 2019 - Vote: 7-0 Statement of Issue: False alarms in the City put undue stress on the Police Department’s resources and a robust False Alarm Reduction Program is necessary for improved deployment and cost recovery. As part of the program, staff recommends adjusting the false alarm fees and amending Municipal Code Chapter 5.56 to make the sections more robust in seeking compliance for maintaining proper alarm systems, reducing improper or careless use, and requiring more of alarm installation and monitoring companies. Recommended Action: Adopt Ordinance No. 4163, “An Ordinance of the City of Huntington Beach Repealing Chapter 5.56 of the Huntington Beach Municipal Code Relating to Burglar Alarms and Adding Back a Revised Chapter 5.56 Relating to the Regulation of Burglar Alarms.” Alternative Action(s): Do not adopt and direct staff accordingly. Environmental Status: N/A Strategic Plan Goal: Enhance and maintain public safety City of Huntington Beach Printed on 2/13/2019Page 1 of 2 powered by Legistar™91 File #:19-200 MEETING DATE:2/19/2019 Attachment(s): 1. Ordinance No. 4163, “An Ordinance of the City of Huntington Beach Repealing Chapter 5.56 of the Huntington Beach Municipal Code Relating to Burglar Alarms and Adding Back a Revised Chapter 5.56 Relating to the Regulation of Burglar Alarms” 2. Legislative Draft - Ordinance 4163 City of Huntington Beach Printed on 2/13/2019Page 2 of 2 powered by Legistar™92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 City of Huntington Beach File #:19-118 MEETING DATE:2/19/2019 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: Adopt Ordinance No. 4166 expediting the Permit Process for Electric Vehicle (EV) Charging Stations on Private Property Approved for introduction January 22, 2019 - Vote: 6-0-1 (Delgleize out of room) and Continued from February 4, 2019 Statement of Issue: Transmitted to City Council for consideration is an ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations on private property. Financial Impact: Not applicable. Recommended Action: Adopt Ordinance No. 4166, “An Ordinance of the City of Huntington Beach Adding Chapter 17.62 to the Huntington Beach Municipal Code Regarding Expedited Electric Vehicle Charging Station Permitting.” Alternative Action(s): The City Council may make the following alternative motions: 1. Do not adopt Ordinance No. 4166 and direct staff accordingly. Analysis: At the February 4, 2019 City Council meeting, the City Council directed staff to ensure that applicants are clear regarding signage regulations for Electric Vehicle Charging Stations (EVCS). Staff has added the following language to the Commercial EV Charger Checklist to further clarify signage limitations: Signage - EVCS instructions/ identification signage shall be allowed as long as it is incorporated into the EVCS and not a separate structure. One sign per EVCS not to exceed 2 sq. ft. in area. No other signs City of Huntington Beach Printed on 2/13/2019Page 1 of 2 powered by Legistar™141 File #:19-118 MEETING DATE:2/19/2019 EVCS and not a separate structure. One sign per EVCS not to exceed 2 sq. ft. in area. No other signs (including advertising of any kind) shall be permitted on the EVCS, except as specified. State or federal government required signs encompassed within an EVCS shall not be regulated. As the checklist is not an exhibit to the Ordinance, it can be changed without necessitating an amendment to the Ordinance. Therefore, even with the proposed changes to the checklist, the City Council can still hold the second reading of the Ordinance. The City Council will have the opportunity to discuss the City’s Sign Ordinance as it relates to EVCS’s in greater depth as part of the Phase II Zoning Code Update. Staff anticipates that the Phase II Zoning Code Update will be brought to the City Council for consideration by the end of 2019. Environmental Status: The proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) under Guidelines Section 15061, subdivision (b)(3), which applies where there is no possibility that the activity in question may have a significant effect on the environment. The proposed ordinance establishes a streamlined/expedited permit process for EV-charging stations. No development or physical changes to the environment would occur as a result. Strategic Plan Goal: Enhance and Maintain City Service Delivery Attachment(s): 1. Ordinance No. 4166 adding Chapter 17.62 to the Huntington Beach Municipal Code 2. EV Charger Checklist (Residential) 3. Commercial EV Charger Checklist - REVISED City of Huntington Beach Printed on 2/13/2019Page 2 of 2 powered by Legistar™142 143 144 145 146 Purpose The purpose of this guideline is to assist permit applicants in streamlining the permitting and inspection process for Residential Single Family EV Chargers.  Site Plan Provide two copies of the job-specific site plan showing:  The location of the building and street name  All EV receptacle location(s), conduit type / size, wire type / size, conductors, equipment ground size, and existing or proposed electric meter location  Zoning Code Compliance  Manufacturer’s Specifications Provide two copies of the manufacturer’s charger specifications. These specifications will show requirements and data for the EV charger being installed as well as a listing agency approval.  Electrical Service Load Calculation Form Provide two copies of our Electrical Service Calculation Form. Follow steps one thru nine to figure out the minimum amperage needed for your main electric meter. Sample Site Plan City of Huntington Beach Department of Community Development EV CHARGER CHECKLIST 2000 Main Street, Huntington Beach, CA 92648 Office: (714) 536 - 5241 Fax: (714) 374 - 1647 147 2000 Main Street 3rd Floor Huntington Beach, Ca 92648 714/536-5241 Optional Method Service Load Calculation for a Single Dwelling Unit (CEC 220.82) 1. General Lighting and Receptacle Loads 220.82(B)(1) Do not include open porches, garages, or unused or unfinished spaces not adaptable for future use. 3 x = (sq ft using outside dimensions) 1 2. Small-Appliance Branch Circuits 20.82(b)(2) At least two small-appliance branch circuits must be included. 210.11(C)(2) 1500 x = (minimum of two) 2 3. Laundry Brach Circuit(s) 220.82(B)(2) At least one laundry branch circuit must be included. 210.11(C)(2). 1500 x = (minimum of one) NOTE: 1500 VA shall be included for each laundry branch circuit. 3 4. Appliances 220.82(B)(3) and (4) Do not include any heating Total volt-amperes Use nameplate rating of all or air-conditioning of all appliances. appliances (fastened in place, equipment in this section. LISTED BELOW permanently connected, or connected to a specific circuit), water heater/ / ranges, ovens, cooktops, motors, and dishwasher / / ___ clothes dryers. Convert any nameplate clothes dryer/ / _______ rating given in amperes to volt-amperes disposal / / ___ by multiplying the amperes by the range / __ / _ rated voltage. EV / / 4 5. Apply 220.82(B) demand factor to the total of lines 1 through 4. - 10,000 = x 40% = + 10,000 = (total of line 1 through 4) 5 6. Heating or Air-Condition System 220.82(C) Use the nameplate ratings in volt-amperes for all applicable systems in lines ‘a’ through ‘c’. A) Air-Conditioning and cooling systems, including heat pumps without any supplemental electric heating: x 100% = A B) Electric thermal storage and other heating systems where the usual load is expected to be continuous at full nameplate value. Systems qualifying under this section shall not be figured under any other selection in 220.82(C). C) Supplemental electric heating equipment for heat-pump systems. Include the heat-pump compressor(s) at 100%. If the heat-pump compressor is prevented from operating with the supplement heat, omit the compressor. x 100% = B x 65% = C 7. Total Volt-Ampere Demand Load: + = (largest VA rating from line 6a through 6c) (line 5) 7 8. Minimum Amperes Divide the total Volt-amperes ÷ = by the voltage. (line 7) (voltage) 8 (minimum amperes) 9. Minimum Size Service or Feeder 240.6(A) 9 (minimum is 100 amperes) 10. Size the Service of Feeder Conductors. Use 310.15(B)(6) to find the service conductors up to 400 amperes. Ratings in excess of 400 amperes shall comply with Table 310.16. 310.15(B)(6) also applies to feeder conductors serving as the main power feeder. Minimum Size Conductors 10 11. Size the Grounding Electrode Conductors. Use line 10 to find the grounding electrode conductor in Table 250.66. Size the Equipment Grounding Conductor (for Feeder). 250.122. Use line 9 to find the equipment grounding conductor in Table 250.122. Equipment grounding conductor types are listed in 250.118. Minimum Size Conductors 12 148 Purpose The purpose of this guideline is to assist permit applicants in streamlining the plan review, permitting and inspections of commercial EV Charging stations. Check all applicable boxes for plan check submittal. All items need to be included to be eligible for Expedited Plan Review. Plan Submittal Requirements Provide three copies of the job-specific plans showing: Site Plan Site plan showing EVCS location(s) Accessible route(s) to building entrance EV charging station parking space and access aisle dimensions EV equipment and service equipment locations Specific address of electric meter Conduit runs Zoning Code Compliance o Signage – EVCS instructions/ identification signage shall be allowed as long as it is incorporated into the EVCS and not a separate structure. One sign per EVCS not to exceed 2 sq. ft. in area. No other signs (including advertising of any kind) shall be permitted on the EVCS, except as specified. State or federal government required signs encompassed within an EVCS shall not be regulated. Electrical Plan Submittal Requirements Equipment cut sheets Circuit ampacity and voltage Conductor sizes and types (ie. 3 #4’s c.u. THWN) Conduit types and burial depths (CEC 300.5) Overcurrent protection Calculations showing the new loads on new or existing service equipment Provide voltage drop calculations on plans Provide single line diagram on plans Provide available short circuit calculation and method of rating the added sub-panels (if needed) Disabled Access Code Reference Accessible, van accessible, and ambulatory charging stations shall be provided in quantities specified in Table 11B-228.3.2.1. EV charging stations shall be located on an accessible route to the building entrance. (11B- 812.5.1) City of Huntington Beach Department of Community Development COMMERCIAL EV CHARGER CHECKLIST 2000 Main Street, Huntington Beach, CA 92648 Office: (714) 536 - 5241 Fax: (714) 374 - 1647 149 Note on plans: “Ground surfaces at EVCS shall have a maximum slope of 1:48 (2.083%).” EV charging equipment shall be on an accessible route from the parking space, and operable parts shall be within reach ranges. (11B-812.5.2, 11B-812.2, and 11B-812.10.3) EV spaces shall measure 216 inches long. (11B-812.6) EVCS spaces shall be marked with “EV CHARGING ONLY” in 12 inch letters centered at the end of the space. (11B-812.9) EV space widths shall comply as follows: Van accessible spaces shall measure 144 inches wide.(11B-812.6.1) Standard accessible spaces shall measure 108 inches wide. (11B-812.6.2) Ambulatory accessible spaces shall measure 120 inches wide. (11B-812.6.3) Access aisles measuring 60 inches wide for the length EV space shall be provided adjacent to the EV parking spaces. The access aisle of a van space shall be on the passenger side of the vehicle space. (11B-812.7) Access aisles shall be marked with hatched lines spaced at 36 inches on center between the painted border lines. (11B-812.7.2) The words “NO PARKING” in 12-inch white letters shall be painted at the end of the access aisle. (11B-812.7.3) Identification signs shall be provided where more than four EVCS are provided as follows: (11B-812.8) At least one van accessible EVCS shall be identified where there are 5-25 total EVCS. Van accessible and standard accessible EVCS shall be identified where there are more than 25 total EVCS. Reflectorized signs including the ISA measuring 70 square inches and positioned at 80 inches above the ground surface as measured to the bottom of the sign shall be installed at the front of each accessible parking space. (11B-812.8.7) 150 City of Huntington Beach File #:19-167 MEETING DATE:2/19/2019 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: Fiscal Year 2018/19 Mid-Year Budget Adjustments Statement of Issue: The Finance Department is undergoing the mid-year budget review for the fiscal year that began on July 1, 2018. Departments have requested adjustments to their budgets to: ensure there are sufficient appropriations for essential programs; and, expend actual revenue that has been received in grants or restricted funds. Financial Impact: 1. General Fund (100) budget adjustments are requested for the Fire Department for the Fire Strike Team reimbursement costs ($719,853) and ($51,000) for the new programs added to the Junior Lifeguard Programs. 2. The Police Department is requesting to appropriate a total amount of $425,119 that includes $259,347 in the SLESF Grant 12/13 Fund (984); $136,000 in the Narcotics Forfeiture - Federal Fund (212); and, $29,722 in the AB109 Public Safety Realignment Fund (979). 3. The Information Services Department is requesting a budget appropriation of $616,000 in the Technology Fund (323) and $13,000 in the Property Tax In Lieu of Sales Tax Fund (127). 4. The Library Services Department is requesting to appropriate $100,000 in the Library Development Impact Fund (229). 5. The City Manager’s Office of Business Development is requesting to appropriate $15,460 in Huntington Beach Downtown Business Improvement District Fund (710). 6. The Fire Department is requesting a budget appropriation of $18,091 in Fund (894) - Weapons of Mass Destruction, Department of Health and Human Services (WMD-DHHS). 7. The Finance Department is requesting to appropriate $7,952 in the Debt Service - McDonnell CFD 2002-1 Fund (408). There are sufficient revenues, cash, and/or fund balances to support the above adjustments. Recommended Action: Approve mid-year budget adjustments to the FY 2018/19 Revised Budget in the Funds and by the City of Huntington Beach Printed on 2/13/2019Page 1 of 4 powered by Legistar™151 File #:19-167 MEETING DATE:2/19/2019 amounts contained in Attachment 1. Alternative Action(s): The FY 2018/19 Budget was adopted by the City Council on June 4, 2018, for the fiscal year beginning July 1, 2018. The Finance Department has compiled recommended budget adjustments to cover additional costs and/or provide appropriations necessary to expend funds that have been received for specific purposes. The City has received revenues or has set-aside prior year fund balances that will support the requested adjustments in the General Fund. The Other Funds adjustments will be funded by available revenue or fund balances within each distinct Fund. GENERAL FUND (100) The 2018 wildfire season is the deadliest and most destructive wildfire season on record in California. The recent batch includes the Woolsey Fire and the Camp Fire. The State of California Fire and Rescue Mutual Aid System coordinates resources from various jurisdictions in California when the local agency is quickly overwhelmed. As a result, the Fire Department responded to multiple mutual aid requests throughout California to assist in these major fires. To date, the Fire Department spent $719,853 in strike team personnel costs, which will be reimbursed by the State of California including 18 percent of administrative costs. Since there is no annual appropriation for this unit, the Fire Department is requesting corresponding appropriation. Additionally, the Fire Department is requesting $51,000 in appropriations to offset expenses related to the newly added Junior Lifeguard Programs. The Marine Safety Division offered a new all-day program option for children age 9-17, and a Sand Crab program for children age 6-8. The program fee covers the cost of instructors, equipment, supplies and overhead. This past summer, the additions to the Junior Lifeguard Program generated sufficient revenues to cover the costs. OTHER FUNDS SLESF Grant Fund (984) In 2016, the Police Department launched a Body Worn Camera Pilot Program purchasing 75 cameras and implementing them into the patrol workforce. The Pilot Program has been successfully implemented. The Police Department is requesting appropriation of $250,000 from the Supplemental Law Enforcement Services Fund (SLESF), Fund 984 available fund balance to expand the implementation of body worn camera program, which requires the purchase of additional cameras along with licenses, digital storages and phones. In addition, the Police Department is also requesting an appropriation of $9,347 from Fund 984 to fund the costs associated with outfitting the Homeless Task Force vehicle. Technology Fund (323) The Information Services Department in conjunction with the Police Department to modernize the Police Department’s most critical enterprise application - the Computer Aided Dispatch/Records Management System (CAD/RMS). The preliminary total project cost estimate is $2.0 million. The vendor selection process is comprehensive and it encompasses various phases. The Information Services Department is requesting appropriation of $28,000 from Fund 323 to contract with an experienced project manager to ensure selection of the most qualified CAD/RMS vendor and to ensure integrity of the process. In addition, the Information Services Department is requesting to appropriate $588,000 from Fund 323 for the purpose of funding the implementation of the automation City of Huntington Beach Printed on 2/13/2019Page 2 of 4 powered by Legistar™152 File #:19-167 MEETING DATE:2/19/2019 appropriate $588,000 from Fund 323 for the purpose of funding the implementation of the automation of the online forms and paperless initiative; the purchase of mobile devices to provide mobile access to Fire Department field staff; the replacement of the Police Department’s six-year old computers and twenty (20) year-old jail intercom systems; and, the purchase of Anti-Virus, Microsoft, and Adobe Software licenses for all City employees. Asset Forfeiture - Federal Fund (212) The Police Department is requesting a total appropriation of $136,000 from Fund 212 available fund balance to purchase a Miniaturized Red Dot Sights (MRDS) for a pilot program for duty handguns ($6,000); fund software programs that utilize artificial intelligence to support the Investigations Division that will consolidate open source information in alive and user-friendly format to assist Patrol and Investigative operations by identifying people and places ($30,000); and, cover the eligible costs associated with the City’s partnership with the Orange County Regional Narcotics Suppression Program (OCRNSP). Library Development Impact Fund (229) The Library Services Department is requesting an appropriation of $100,000 in Fund 229 available fund balance to purchase new collection materials for the five (5) branch locations. The funding would allow the Library Services Department to build and strengthen the Library collection at all branch locations and better serve the community. BID - Downtown Fund (710) On May 21, 2018, City Council adopted Resolution No. 2018-33, a resolution declaring the City’s intention to levy an assessment for FY 2018/19 within the Huntington Beach Downtown Business Improvement District. An appropriation increase of $15,460 in Fund 710 is being requested as a result of this action. AB109 Public Safety Realignment Fund (979) The Police Department is requesting appropriation of $29,772 from Fund 979 to offset personnel expenses related to a police sergeant assigned to Orange County Regional Narcotics Suppression Program (OCRNSP). VARIOUS OTHER FUNDS The Fire Department is requesting to appropriate $18,091 from Fund WMD-DHHS Fund (894) available fund balance to purchase an all-terrain vehicle (ATV) for use during large, city-sponsored special events. The Information Services Department is requesting appropriation of $13,000 from Property Tax In Lieu of Sales Tax Fund (127) existing fund balance associated with the ELM project. The Finance Department is requesting appropriation of $7,952 from Debt Service Fund (408) to true up budget to required debt service amounts per Community Facilities District (CFD) No. 2002-1 for the McDonnell Centre Business Park debt service schedule. Environmental Status: Not applicable. City of Huntington Beach Printed on 2/13/2019Page 3 of 4 powered by Legistar™153 File #:19-167 MEETING DATE:2/19/2019 Strategic Plan Goal: Improve quality of life Enhance and Maintain Infrastructure Strengthen Economic and Financial Sustainability Enhance and Maintain Public Safety Enhance and Maintain City Service Delivery Attachment(s): 1. Fiscal Year 2018/19 Recommended Mid-Year Adjustments. City of Huntington Beach Printed on 2/13/2019Page 4 of 4 powered by Legistar™154 Recommended Adjustments by Fund: APPROPRIATION INCREASE Fund No Fund Name Appropriation Dept 100 General Fund 770,853 Fire General Fund Subtotal 770,853 408 Debt Servoce-McDonnell CFD 2002-1 7,952 Finance 894 WMD-DHHS Grant 18,091 Fire 551 Self Insurance Workers' Comp 70,000 Human Resources 127 Property Tax In Lieu of Sales Tax 13,000 Information Services 323 Technology Fund 616,000 Information Services 229 Library Development Impact Fund 100,000 Library 710 HB Downtown Business Improvement District 15,460 Office of Business Dev. 212 Narcotics Forfeiture - Federal 136,000 Police 979 AB109 Public Safety Realignment 29,772 Police 984 SLESF Grant 12/13 259,347 Police Other Funds Subtotal 1,265,622 All Funds Total 2,036,475 ATTACHMENT 1 Fiscal Year 2018/2019 Recommended Mid-Year Budget Adjustments 155 City of Huntington Beach File #:19-173 MEETING DATE:2/19/2019 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 Resolution No. 2019-07 increasing fees for burglar alarm businesses and alarm system subscribers collected by the Police Department as established pursuant to Resolution No. 6656, and incorporating the increased fees into the Consolidated Comprehensive Citywide Master Fee and Charges Schedule as established by Resolution No. 2016-59, and amended by Resolution Nos. 2017-46, 2018-01, 2018-29, 2018-48, and 2018-55 (Supplemental Fee Resolution No. 8) - Continued from February 4, 2019. Statement of Issue: Staff recommends adjusting false alarm fees. This resubmission is at the request of the City Council to lower false alarm fees for senior citizens consistent with other reduced City fees for seniors. Financial Impact: The recommended Resolution lowers the threshold at which false alarm fees are issued and establishes new fees for false alarms for those without an alarm permit. Alarm permits and false alarm fees generate approximately $400,000 in annual revenue in the General Fund. Staff is recommending to increase, decrease and add new fines. Minimal changes are expected to revenues as a result of the proposed changes to the false alarm fees. Recommended Action: Adopt Resolution No. 2019-07,“A Resolution of the City Council of the City of Huntington Beach Increasing Fees for Burglar Alarm Businesses and Alarm System Subscribers Collected by the Police Department as Established Pursuant to Resolution No. 6656, and Incorporating the Increased Fees Into the Consolidated Comprehensive Citywide Master Fee and Charges Schedule as Established by Resolution No. 2016-59, and Amended by Resolution Nos. 2017-46, 2018-01, 2018-29, 2018-48, and 2018-55 (Supplemental Fee Resolution No. 8).” Alternative Action: Do not approve the Resolution and direct staff accordingly. Analysis: The Police Department responds to over 4,000 alarm calls each year and less than 1% are crime related. Of these calls, 85% are the first or second offense. These false alarms are a massive drain on Police Department resources. Our current fee schedule does not allow for cost recovery of the City of Huntington Beach Printed on 2/13/2019Page 1 of 2 powered by Legistar™156 File #:19-173 MEETING DATE:2/19/2019 on Police Department resources. Our current fee schedule does not allow for cost recovery of the first and second offense. Staff recommends charging $25 for the first false alarm in a 12-month period to be waived if the resident attends an online alarm school and $50 for the second occurrence. The third through fifth false alarm is proposed to decrease from $130-$200 to $75-150. Staff also recommends adding a new false alarm fee for those without an alarm permit. These fees would range from $250 to $1,000 for the first through forth occurrence. The first false alarm fee may be waived if an alarm permit application is submitted along with the alarm permit fee within 10 days. See Exhibit A of Resolution 2019-07 for the table of proposed fee changes. The fee for an alarm permit is $41 and no change is requested of this fee. Senior Discount Program The City currently has a Senior Very Low Income Housing Exemption/Discount Program (Senior Program) that provides, to those who are eligible, an exemption for paying the City’s 5% Utility User Tax for electricity, gas, water, trash, cable, telephone, and cellular services and a 50% discount on Firemed and Trash Services. In order to qualify for the Senior Program, according to Chapter 3.36 of the Huntington Beach Municipal Code, the applicant must be 62 years of age or older and have a combined annual adjusted gross income of all members of the household that does not exceed the Federal Housing and Urban Development (HUD) Department Income Guidelines of “Very Low Income Category.” Staff recommends applying a 50% discount to the Alarm Fees of $41 for very low income seniors, resulting in a reduced rate of $20.50 to remain consistent with the current program in place. Environmental Status: N/A Strategic Plan Goal: Enhance and maintain public safety Attachment(s): 1. Resolution No. 2019-07, “A Resolution of the City Council of the City of Huntington Beach Increasing Fees for Burglar Alarm Businesses and Alarm System Subscribers Collected by the Police Department as Established Pursuant to Resolution No. 6656, and Incorporating the Increased Fees Into the Consolidated Comprehensive Citywide Master Fee and Charges Schedule as Established by Resolution No. 2016-59, and Amended by Resolution Nos. 2017- 46, 2018-01, 2018-29, 2018-48, and 2018-55 (Supplemental Fee Resolution No. 8)” City of Huntington Beach Printed on 2/13/2019Page 2 of 2 powered by Legistar™157 158 159 160 City of Huntington Beach File #:19-198 MEETING DATE:2/19/2019 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: City Charter Review Options Statement of Issue: On January 22, 2019, City Council Member,Mike Posey,introduced a Council Member Item requesting that the City Manager convene a Charter Review Commission. This item provides City Council with options to move the item forward. Financial Impact: No fiscal impact anticipated. Recommended Action: It is recommended that the City Council direct the City Manager to either: 1. Convene the Charter Review Commission with appointed members as outlined in the Council Member item; or 2. Convene an Ad Hoc Committee comprised of three Council Members, the City Manager, and the City Attorney to analyze and determine if any changes are needed to the City Charter. Alternative Action(s): Do not move forward with either aforementioned actions or direct staff accordingly. Analysis: At the January 22, 2019,City Council Meeting, City Council Member, Mike Posey, introduced a Council Member Item that requested that the City Manager convene a Charter Review Commission and retain the services of a Charter Review Consultant. This would be similar to the last Charter review process in 2009 when a fifteen (15) member Commission met eleven (11) times from July 22, 2009, to March 25, 2010; each meeting focused on a different section of the Charter. Dr. Raphe Sonenshein was hired to facilitate the review process and serve as a Charter expert. The City spent approximately $25,000 for his services, in addition to many hours of staff time that were spent on this review in support of the Commission. Dr. Sonenshein did not suggest Charter amendments, but simply facilitated a process whereby members and staff,in collaboration with the City of Huntington Beach Printed on 2/13/2019Page 1 of 2 powered by Legistar™161 File #:19-198 MEETING DATE:2/19/2019 amendments, but simply facilitated a process whereby members and staff,in collaboration with the City Attorney,discussed suggested changes. On April 19, 2010, after almost one year of review and deliberation, the Commission presented their recommended adjustments to the Charter, which were then discussed by the City Council. Council action was subsequently taken to authorize placement on the November 2010 ballot. Option Recognizing current and future budgetary concerns and limited staff resources,another option to consider is to convene an Ad Hoc Committee to analyze and discuss any proposed changes to the City Charter. The Committee would review the current Charter and identify any potential sections that may need to be updated/reviewed to ensure that the Charter is up to date. It is estimated that this would take approximately 120 days and would have minimal costs and less staff time. As the last Charter review process was extensive and involved a year of deliberations, it is anticipated that a more streamlined review may be more appropriate for this review period. All recommendations would be brought to City Council for review and discussion. Environmental Status: There is no environmental impact. Strategic Plan Goal: Enhance and Maintain City Service Delivery Attachment(s): 1. Council Member Posey Item 1/22/19 - Formation of a Charter Review Commission City of Huntington Beach Printed on 2/13/2019Page 2 of 2 powered by Legistar™162 163 City of Huntington Beach File #:19-208 MEETING DATE:2/19/2019 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: Approval of Tentative Agreement and Introduction of Proposed Memorandum of Understanding Between the Huntington Beach Police Officers’ Association (HBPOA) and the City of Huntington Beach for October 1, 2017, through December 31, 2019 Statement of Issue: The City and the Huntington Beach Police Officers’ Association (HBPOA) have tentatively agreed to enter into a new Memorandum of Understanding (MOU) for the period October 1, 2017, through December 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 additional fiscal impact over the term of the agreement for recurring items is estimated at $460,493. The fiscal impact for one-time costs including the purchase of law enforcement related equipment is estimated at $361,520. No additional appropriations are requested. These costs will be absorbed within the FY 2018/19 Adopted General Fund Budget for the Police Department. Recommended Action: Approve the “Tentative Agreement Between The City of Huntington Beach and The Huntington Beach Police Officers’ Association January 24, 2019” and the introduction of the proposed “Memorandum of Understanding between the Huntington Beach Police Officers’ Association and the City of Huntington Beach” for the period October 1, 2017, through December 31, 2019. Alternative Action(s): Do not approve the Tentative Agreement and the introduction of the proposed successor MOU for POA 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 POA have been involved in active negotiations over an extended period and have successfully completed the meet and confer process with a tentative agreement on City of Huntington Beach Printed on 2/13/2019Page 1 of 4 powered by Legistar™164 File #:19-208 MEETING DATE:2/19/2019 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 December 31, 2019. Highlights from the listing of tentatively agreed upon contract changes include the following: Term of Agreement October 1, 2017, through December 31, 2019 Retiree Medical Benefits The City currently contributes $100 per month for each represented employee toward the employee welfare medical benefit trust fund program, which will continue until December 31, 2019,on which day it will sunset, unless a successor MOU is adopted and the parties affirmatively negotiate to maintain or modify it. Medical Benefits Effective the beginning of the pay period that includes February 1, 2019,the City’s monthly contribution towards POA medical plan premiums will increase as follows upon City Council final approval: ·Single $75 ·Two Party $224 ·Family $287 ·Opt-Out $75 City contributions to dental and vision benefits will not increase during the term of the agreement. Medical/Vision Opt-Out The City and Association agree to calculate overtime in accordance with the 7(k) FLSA rule for the Medical/Vision Opt-Out. Vacation Conversion to Cash The City and Association agree to the conditions under which an employee may cash out up to 80 City of Huntington Beach Printed on 2/13/2019Page 2 of 4 powered by Legistar™165 File #:19-208 MEETING DATE:2/19/2019 The City and Association agree to the conditions under which an employee may cash out up to 80 hours of accrued vacation. Cash Out of Compensatory Time The City and Association agree to the terms for an employee election to cash out their compensatory time off earned. One Time Reimbursement for the Purchase of Law Enforcement Related Equipment Effective at the beginning of the pay period following City Council final approval of this 2017-2019 MOU, the City and Association agree on a one-time lump sum reimbursement payment of one thousand two hundred dollars ($1,200.00) to each employee for the purchase of law enforcement related equipment. Work Schedules Upon adoption of the successor MOU, and effective the beginning of the next shift change, the City and Association have agreed to a work schedule for Dispatch employees in the classifications of Communications Operator and Communications Supervisor. At the discretion of the Police Chief, the 3/12.5+5 work schedule may be discontinued. There were other appropriate modifications to a variety of other provisions including, but not limited to, the deletion of the obsolete salary schedule and vague or outdated MOU terms, the inclusion of regulatory (IRS and FLSA) compliance language regarding constructive receipt of leave time, and other general clean-up language. A summary of these and all other negotiated provisions are included in the Proposed Memorandum of Understanding. Environmental Status: N/A Strategic Plan Goal: Enhance and Maintain City Service Delivery Attachment(s): 1. Tentative Agreement 2. Proposed Memorandum Of Understanding City of Huntington Beach Printed on 2/13/2019Page 3 of 4 powered by Legistar™166 File #:19-208 MEETING DATE:2/19/2019 3. Fiscal Impact Report City of Huntington Beach Printed on 2/13/2019Page 4 of 4 powered by Legistar™167 168 169 170 171 172 173 Tentative Agreement – January 24, 2019 Memorandum of Understanding Between Huntington Beach Police Officers’ Association and City of Huntington Beach October 1, 20175 – December 31September 30, 20197 174 MEMORANDUM OF UNDERSTANDING POLICE OFFICERS’ ASSOCIATION TABLE OF CONTENTS HBPOA MOU October 1, 20175 through December 31September 30, 20197 i PREAMBLE ......................................................................................................................... 1 ARTICLE I - TERM OF MOU ............................................................................................... 1 ARTICLE II - REPRESENTATIONAL UNIT/CLASS ........................................................... 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 B. Adjustment to Salary ........................................................................................................ 2 C. Collection of Payroll Overpayments ................................................................................. 3 ARTICLE VII - SPECIAL PAY ............................................................................................. 3 A. Police Professional Development Plan ......................................................................... 3 B. Flight Pay ...................................................................................................................... 4 C. Certified Flight Instructors ............................................................................................. 4 D. Shift Differential ........................................................................................................... 54 E. Motor Pay ...................................................................................................................... 5 F. Bilingual Pay ................................................................................................................. 5 G. Holidays ........................................................................................................................ 6 1. Holiday In-Lieu Pay .................................................................................................... 6 2. Holidays Worked........................................................................................................ 6 3. Holidays ..................................................................................................................... 6 H. FTO Compensation ....................................................................................................... 6 I. Longevity Pay ................................................................................................................ 7 J. Effective Date of Special Pays ...................................................................................... 7 K. No Pyramiding/Compounding of Special Pays .............................................................. 7 L. Nurse Pay ..................................................................................................................... 8 ARTICLE VIII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT ............................... 8 A. Uniforms ........................................................................................................................ 8 B. Special Assignment Uniform Needs .............................................................................. 8 C. Motorcycle Britches ....................................................................................................... 8 ARTICLE IX - HOURS OF WORK/OVERTIME ................................................................... 9 A. Work Schedule .............................................................................................................. 9 2. 4/10 Schedule ............................................................................................................ 9 3. 7/11.5 Schedule ......................................................................................................... 9 4. Overtime .................................................................................................................. 10 B. Other Time .............................................................................................................. 1110 1. Compensatory Time Off ....................................................................................... 1110 2. Work Time ........................................................................................................... 1211 3. Subpoena Compensation ........................................................................................ 12 175 MEMORANDUM OF UNDERSTANDING POLICE OFFICERS’ ASSOCIATION TABLE OF CONTENTS HBPOA MOU October 1, 20175 through December 31September 30, 20197 ii 4. Standby Pay ........................................................................................................ 1312 5. Call Back ............................................................................................................. 1312 6. Telephonic Business ................................................................................................ 13 7. Canine Compensation ............................................................................................. 13 8. Shift Trading ............................................................................................................ 13 ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS ........................................ 14 A. Retiree Medical Trust .................................................................................................. 14 B. Health .......................................................................................................................... 15 1. CalPERS Public Employees' Medical and Hospital Care Act .................................. 15 2. Dental Insurance...................................................................................................... 16 3. Retiree (Annuitant Coverage ................................................................................... 16 4. Medical/Vision Opt-Out ............................................................................................ 17 5. Section 125 Employee Plan ..................................................................................... 18 6. Life Insurance .......................................................................................................... 18 7. Income Protection Plan ............................................................................................ 18 8. Long Term Care....................................................................................................... 20 ARTICLE XI - RETIREMENT ............................................................................................. 21 A. "Classic Member" Safety Employee Retirement Benefits ................................. 21 1. 3% @ Age 50 Plan .................................................................................................. 21 2. 1959 Survivors' Benefit Level IV (California Government Code Section 21574) ...... 21 3. Pre-retirement Optional 2 Death Benefit .................................................................. 21 4. One-Year Final Compensation ................................................................................ 21 5. "Classic Member" Safety CalPERS Member Contribution ....................................... 21 B. "Classic Member" Miscellaneous Employee Retirement Benefits ..................... 21 1. 2.5% @ Age 55 Plan ............................................................................................... 21 2. 1959 Survivors' Benefit Level IV (California Government Code Section 21574) ...... 21 3. Pre-retirement Optional 2 Death Benefit .................................................................. 21 4. One-Year Final Compensation ................................................................................ 21 5. "Classic Member" Miscellaneous CalPERS Member Contribution .......................... 22 C. Retirement Benefits for Safety and Miscellaneous Employees ......................... 22 D. CalPERS "New Member" Retirement Benefits .................................................. 22 E. "New Members" Safety Retirement Benefits ..................................................... 22 1. 2.7% @ Age 57 Plan ............................................................................................... 22 2. 1959 Survivors' Benefit Level IV (California Government Code Section 21574) ...... 22 3. Pre-retirement Optional 2 Death Benefit .................................................................. 23 4. Final Compensation ................................................................................................. 23 F. "New Members" Miscellaneous Retirement Benefits ......................................... 23 1. 2% @ Age 62 Plan .................................................................................................. 23 2. 1959 Survivors' Benefit Level IV (California Government Code Section 21574) ...... 23 3. Pre-retirement Optional 2 Death Benefit .................................................................. 23 4. Final Compensation ................................................................................................. 23 176 MEMORANDUM OF UNDERSTANDING POLICE OFFICERS’ ASSOCIATION TABLE OF CONTENTS HBPOA MOU October 1, 20175 through December 31September 30, 20197 iii ARTICLE XII - LEAVE BENEFITS ................................................................................. 2423 A. Vacation .................................................................................................................. 2423 1. Anniversary Date ................................................................................................. 2423 2. Annual Vacation................................................................................................... 2423 3. Vacation Accrual ...................................................................................................... 24 4. Vacation ............................................................................................................... 2524 5. Vacation Pay at Separation ................................................................................. 2524 6. Vacation Conversion to Cash............................................................................... 2524 7. Deferred Compensation/Vacation Cash Out ............................................................ 24 B. Sick Leave Compensation ....................................................................................... 2625 2. Police Sergeants Sick Leave Pay Off ...................................................................... 25 C. Bereavement Leave ................................................................................................ 2625 D. Leave Benefits Entitlement ...................................................................................... 2625 E. Catastrophic Leave Donation Program ................................................................... 2726 F. Nurse Employees Certification ................................................................................ 2726 G. Cash Out of Compensatory Time ............................................................................ 2726 H. Association Business .............................................................................................. 2726 ARTICLE XIII - CITY PERSONNEL RULES .................................................................. 2726 ARTICLE XIV - MISCELLANEOUS ................................................................................... 26 A. Tuition Reimbursement ........................................................................................... 2726 B. Meal Allowance ....................................................................................................... 2827 1. Per Diem .............................................................................................................. 2827 2. Per Diem Schedule .............................................................................................. 2827 C. Mileage Allowance .................................................................................................. 2827 D. Weapon Vesting ...................................................................................................... 2927 E. Controlled Substance and Alcohol Testing .............................................................. 2927 F. Take Home Vehicles/ Distance to Work .................................................................. 2928 G. Administrative Appeal Procedure ............................................................................ 2928 H. Direct Deposit .......................................................................................................... 2928 I. Meet and Confer ......................................................................................................... 28 J. Physical Fitness Program ............................................................................................ 28 ARTICLE XV - SUCCESSOR NEGOTIATIONS ................................................................ 29 EXHIBIT A - SALARY SCHEDULE ................................................................................... 30 EXHIBIT B - ASSOCIATION BANK TIME ..................................................................... 3532 EXHIBIT C – RETIREE MEDICAL SUBSIDY ................................................................ 3734 EXHIBIT D - ADMINISTRATIVE APPEAL PROCEDURE ................................................. 37 EXHIBIT E - VOLUNTARY CATASTROPHIC LEAVE DONATION .................................. 40 EXHIBIT F - JOB SHARING PROGRAM .......................................................................... 44 EXHIBIT G - ALTERNATIVE DISPUTE RESOLUTION AGREEMENT............................. 46 177 HBPOA MOU October 1, 20175 through December 31September 30, 20197 1 MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) and THE HUNTINGTON BEACH POLICE OFFICERS’ ASSOCIATION (Hereinafter called ASSOCIATION or POA) PREAMBLE WHEREAS the designated representatives of the City of Huntington Beach and the Huntington Beach Police Officers’ Association have met and conferred in good faith with respect to salaries, benefits and other terms and conditions of employment for the employees represented by the Association; NOW, THEREFORE, this Memorandum of Understanding is made to become effective October 1, 20175 and it is agreed as follows: ARTICLE I - TERM OF MOU This Memorandum of Understanding (MOU) shall be in effect for a term commencing on October 1, 20175 and ending at 11:59 p.m. on December 31September 30, 20197. Except as expressly provided herein, no further improvements or changes in the salaries and monetary benefits and other terms and conditions of employment of the employees represented by the Association shall take effect during the term of this agreement and the Association expressly waives any right to request any improvements or changes in salaries or monetary benefits and other terms and conditions of employment specifically provided herein for the employees represented in the unit. Provided, however, the City and Association shall, upon request, meet and confer to address issues not specifically covered by provisions of this MOU, and/or discussed during the meet and confer process immediately preceding the adoption of the current MOU. ARTICLE II - REPRESENTATIONAL UNIT/CLASS It is recognized that the Huntington Beach Police Officers’ 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 Huntington Beach Police Department within the classification titles as outlined in Exhibit A attached hereto and incorporated herein. 178 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 2 ARTICLE III - MANAGEMENT RIGHTS The City and Chief of Police retain all rights, powers and authority to manage and direct the performance of police services and the work force, except as modified by the Memorandum of Understanding. Nothing herein shall change the City’s obligation to meet and confer as to the effects of any such management decision upon wages, hours, terms and conditions of employment or be construed as granting the City or Chief of Police the right to make unilateral changes in wages, hours, terms and conditions of employment. The parties agree the City has the right to unilaterally make decisions on all matters that are outside the scope of bargaining. Such matters include, but are not limited to, consideration of the merits, necessity, level or organization of police services, staffing requirements, overtime assignments, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, reasonable work and safety rules and regulations. ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing terms, conditions of employment that have been established in prior agreements between City and the Association. ARTICLE V - SEVERABILITY If any section, sub-section, 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, sub-section, sentence, clause, phrase or portion, and any additions or amendments thereof, irrespective of the fact that any one or more sections, sub- sections, sentences, clauses, phrases or portions, or the application thereof to any person, be declared invalid or unconstitutional. ARTICLE VI - SALARY SCHEDULE A. Salary Schedule - Employees shall be compensated at hourly salary rates by classification title and salary range during the term of this agreement as set out in Exhibit A attached hereto and incorporated herein. Adjustments to Salary – Effective at the beginning of the pay period which includes October 1, 2016, all classifications of the bargaining unit shall receive a three percent (3%) wage increase to their hourly salary rates by classification title and salary range as set out in Exhibit A. 179 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 3 B. Collection of Payroll Overpayments - In the event that a payroll over payment 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 will 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. ARTICLE VII - SPECIAL PAY A. Police Professional Development Plan 1. The Professional Development Plan for sworn personnel shall be as follows: a. College Degree Program i. Upon earning an AA Degree or attaining “Junior status” in a degree program, an employee shall be paid three percent (3%) of base hourly rate of pay in addition to other compensation. ii. Upon earning a BA/BS Degree, an employee shall be paid six percent (6%) of base hourly rate of pay in addition to other compensation. This pay is in lieu of pay received under sub-section (a)i above. iii. College degrees or College units under this program shall conform to POST standards for accreditation as noted in POST Regulation 9070 (c)(1)(A) and (B). iv. The parties agree, 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) and Section 571.1(b)(2) Educational Incentive Pay. b. POST Certificate Program 180 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 4 i. Upon verification of having earned an Intermediate POST Certificate, an employee shall be paid three percent (3%) of base hourly rate of pay in addition to other compensation. ii. Upon verification of having earned an Advanced POST Certificate, an employee shall be paid six percent (6%) of base hourly rate of pay in addition to other compensation. This pay is in lieu of pay received under sub-section (b)i above. iii. The parties agree, 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) and Section 571.1(b)(2) Peace Officer Standard Training (POST) Certificate Pay. 2. Stipulations: a. Eligibility must be approved by the Chief of Police. An employee must maintain his/her certification to remain eligible for the pay. b. Obtaining transcripts or other acceptable documentation is the employee’s responsibility. An employee may verify “Junior” status by submission of written verification that the employee has completed 60 or more accredited units and has achieved Junior status with that educational institution. 3. POST Supervisory Leadership Institute: Police Sergeants that have completed the POST Supervisory Leadership Institute shall receive $80 per month. The parties agree, 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) and Section 571.1(b)(2) Peace Officer Standard Training (POST) Certificate Pay. 4. The maximum benefit that may be paid to an employee under Section (A) (Police Professional Development Plan) is twelve percent (12%) of the base hourly rate. In addition, Sergeants may be eligible for POST Supervisory Leadership Institute pay as provided in subparagraph 3, above. B. Flight Pay - Employees assigned to the Air Support Unit to fly in the helicopter as their primary duty assignment (i.e., assigned at least 50% of their scheduled hours in a pay period) shall be paid eight percent (8%) of their base hourly rate of pay in addition to other compensation. The parties agree, 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)(4) and Section 571.1(b)(3) Flight Time Premium. C. Certified Flight Instructors - Employees assigned as certified flight instructors shall be paid thirteen percent (13%) of their base hourly rate of pay in addition to other compensation. This pay is in lieu of Flight Pay defined in Section B above. The parties agree, 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)(4) and Section 571.1(b)(3) Flight Time Premium. 181 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 5 D. Shift Differential - Detention and Communication Employees’ required to work on a regular assigned shift that occurs during swing shift or graveyard shift, as defined by departmental policy through the meet and confer process, shall be paid five percent (5%) of the employee’s base hourly rate of pay in addition to other compensation for all hours worked during the swing or graveyard shift. The parties agree the department policy has been established by the meet and confer process. The parties agree, 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)(4) and Section 571.1(b)(3) Shift Differential. E. Motor Pay 1. Employees regularly assigned to motorcycle duty shall be paid as hazardous duty pay five percent (5%) of their base hourly rate of pay in addition to other compensation. 2. The parties agree any time spent on maintenance and/or cleaning of motorcycles shall be on-duty unless overtime has been approved in advance. The Department shall supply necessary materials needed to perform the following duties: a. Keeping the assigned motorcycle cleaned and waxed. b. Keeping the drive chain properly lubricated and adjusted , if applicable. c. Performing a daily check of the motorcycle fluid levels and tire pressure. d. Scheduling required routine services at specified mileage intervals with police motorcycle mechanics. The parties agree, 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)(4) and Section 571.1(b)(3) Motorcycle Patrol Premium. F. Bilingual Pay - Qualified employees who meet the criteria shall be paid five percent (5%) of their base hourly rate of pay in addition to other compensation. Human Resources will have written and oral tests designed and administered to test for qualifications. The qualifications will cover the more routine foreign language requirements in filling out crime reports, interviewing suspects and witnesses, and responding to the public on matters relating to an incident or other police action. 1. The languages included will be Spanish, Vietnamese and American Sign Language. Additional languages may be approved at the discretion of the Chief of Police. 2. Authorization of qualified employees for bilingual compensation will be based on the following: 182 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 6 a. A need for the employee to use the language in the City to support the implementation of police operations. b. At the discretion of the Chief of Police, the number of employees qualified in each category may be limited based on department needs. c. Successful completion of tests authorized by the Chief of Police will be required to qualify for bilingual pay for any of the languages. Retesting may be done on an annual basis. 3. The parties agree, 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)(4) and Section 571.1(b)(3) Bilingual Premium. G. Holidays 1. Holiday In-Lieu Pay - Employees represented by the Association and actively employed by the City, in addition to other compensation, shall be paid each biweekly payroll one twenty-sixth (1/26) of the total one hundred (100) holiday hours earned for the year. 2. Holidays Worked - Employees who are required to work on a recognized City holiday shall receive Holiday Pay in addition to the Holiday In-Lieu Pay set forth above equal to fifty percent (50%) of their regular rate of pay for all time actually worked from 12:00 a.m. through 11:59 p.m. on the recognized holiday. The parties agree, 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)(5) and Section 571.1(b)(4) Holiday Pay. 3. Holidays - The following are the City recognized paid holidays under this MOU: a. New Year’s Day (January 1) b. Martin Luther King’s Birthday (third Monday in January) c. President’s Day (third Monday in February) d. Memorial Day (last Monday in May) e. Independence Day (July 4) f. Labor Day (first Monday in September) g. Veteran’s Day (November 11) h. Thanksgiving Day (fourth Thursday in November) i. Friday after Thanksgiving j. Christmas Day (December 25) H. FTO Compensation - Compensation shall be one-quarter (.25) hours pay at the base hourly rate, which may be deposited as compensatory time, for each hour worked as a Field Training Officer in addition to other compensation for the following assignments: 183 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 7 1. Police Officers who have successfully completed a POST certified Field Training Officer Course and have been designated Field Training Officers, assigned to Traffic or Patrol Bureaus, shall be eligible for Field Training Officer compensation. 2. Detention Officers designated to act as Training Officers. 3. Motor Officers designated to act as Training Officers. 4. Communication Employees designated as Training Officers. The parties agree, 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)(4) and Section 571.1(b)(3) Training Premium. I. Longevity Pay - The City shall provide all sworn employees represented by the Association, the following longevity pay in addition to other compensation as established by the Department’s Sworn Personnel Seniority List: 1. Five percent (5%) of the base hourly rate of pay at 10 years of qualified sworn law enforcement experience. 2. Ten percent (10%) of the base hourly rate of pay at 20 years of qualified sworn law enforcement experience. This pay is in lieu of the pay identified in sub-section 1 above. Only sworn law enforcement experience as defined by California Penal Code Sections 830.1 and 830.2 or the out-of-state equivalent as determined by the Chief of Police shall be included as qualified sworn law enforcement experience in the calculation of longevity. The parties agree, 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)(1) and Section 571.1(b)(1) Longevity Pay. J. Effective Date of Special Pays - All special pay shall be effective the first full pay period following certification and verification as approved by the Chief of Police or designee. All pays in this section are considered special pays and sh all be included as part of the regular rate of pay for the purposes of calculating overtime. All pays not in this section are not considered special pays and are not included in the regular rate of pay for purposes of calculating overtime, except On -Call Court Time (Article IX(B)(3)(b)) and Cancelled Subpoenas (Article IX(B)(3)(c)) which shall be calculated into the regular rate of pay at base hourly rate, but not reported to PERS as special compensation. K. No Pyramiding/Compounding of Special Pay - Each special pay is a percentage of that employee’s base hourly rate of pay and shall not be counted towards the value of any other special pay. 184 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 8 L. Nurse Pay - Employees in the classification of Detention Shift Supervisor, who possess a Nurse certification, pursuant to the Nurse classification job description, shall receive five percent (5%) of their base hourly rate, for so long as they possess the Nursing Degree or certification. The parties agree, to the extent permitted by law, the compensation in this section (Nurse Pay) is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) and Section 571.1(b)(2) Educational Incentive Pay. ARTICLE VIII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. Uniforms 1. The City shall continue the Uniform Allowance in lieu of the City providing uniforms for employees represented by the Association. Such allowance shall be thirteen hundred dollars ($1,300) for sworn employees and twelve hundred dollars ($1,200) for non-sworn employees per year. The Uniform Allowance for all employees shall be paid with the first paycheck in December. Employees hired after January 1st shall have their uniform allowance pro -rated for each month in which they were on active duty for a least one full shift, separately from payroll checks. It is the mutual intent of the parties that this allowance shall be utilized solely for the purpose of replacing, repairing and maintaining uniforms and clothing worn in the line of duty. The City will continue to make initial issuance of required uniforms and replace uniforms and equipment damaged in the line of duty including safety equipment required by state law, City resolution or ordinance, or by order of the Chief of Police. 2. PERS Reporting of Uniform Allowance - The City shall report to the California Public Employees’ Retirement System (CalPERS) the uniform allowance for each sworn and civilian classification as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5). Notwithstanding the previous sentence, for “new members” as defined by the Public Employees’ Pension Reform Act of 2013, the uniform allowance will not be reported as compensation earnable to CalPERS. B. Special Assignment Uniform Needs - Uniforms and equipment for special assignments shall continue to be provided by the City. C. Motorcycle Britches - Motorcycle officers shall receive four pairs of britches at the time of assignment. After initial issue, replacement britches may be issued on the recommendation of the Traffic Bureau Commander with approval of the Department Head. All replaced britches must be turned in when replacement britches are received. D. One Time Payment for Law Enforcement Equipment 185 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 9 Effective at the beginning of the pay period following City Council approval of this 2017-2019 MOU, all employees in the unit on that date will receive a one -time lump sum payment of one thousand two hundred dollars ($1,200.00) which is to reimburse employees for the previous and future purchases of law enforcement related equipment. This payment will only be made to employees in the unit at the beginning of the pay period following City Council approval of this 2017 -2019 MOU. The employees in the unit acknowledge that the reimbursement will be used solely for out of pocket costs they have and will incur for equipment related to their job. The parties agree and acknowledge that since this one time lump sum payment is specifically being made for the reimbursement of out of pocket costs of work related equipment, it is not special compensation (as defined under Title 2 Section 571 for classic member employees) and therefore will not be reported to CalPERS as compensation earnable. This payment will be made one time and the City is not obligated to make it again unless the parties affirmatively agree to such a payment in the future. ARTICLE IX - HOURS OF WORK/OVERTIME A. Work Schedule: 1. The work schedules agreed to by the City and the Association shall be as set forth herein unless the Association and the City mutually agree to changes. All employees 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, Chief of Police or designee, may require such service from any of said employees. a. All work schedules are designed to be in compliance with the requirements of the Fair Labor Standards Act (FLSA). b. Meal times are included in all work schedules. 2. 4/10 Schedule - All employees not assigned a different work schedule pursuant to this article shall work a 4/10 schedule consisting of four (4) consecutive ten (10) hours days followed by three (3) consecutive days off in a seven (7) day period. All employees work an eighty (80) hour work period, except for Communication Employees who work a forty (40) hour work week. 3. 7/11.5 Schedule – The “7/11.5” work schedule applies to designated employees of the Uniform Division and Jail. a. Workday – A workday for employees assigned to the 7/11.5 work schedule will consist of 11 hours and 25 minutes of work. b. Eighty (80) Hour Work Period – For those sworn and detention employees working 11 hours and 25 minutes a day, the work period will consist of two consecutive weeks with three (3) consecutive shifts of 11 hours and 25 minutes in one week and four (4) consecutive shifts of 11 hours and 25 minut es in the second week. The total hours for these two consecutive weeks shall be 186 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 10 considered equaling eighty (80) hours. The two-week cycle then repeats itself. These employees are subject to a 14 day FLSA work period in accordance with Section 7(k) of the FLSA. c. Exceptions – At the discretion of the Chief of Police, specialized assignments within the Uniform Division will work either the 4/10 or 7/11.5 as described above. Unless agreed upon by the Association, changes to these work shifts shall only be made during recruitment of new officers into the assignments. Task Force assignments outside the Police Department will be flexible based on an eighty (80) hour work period. d. Beach Schedule - If posted during recruitment, employees working the Beach detail shall be assigned a fixed schedule that incorporates a work week of four consecutive days comprised of two (2) 8-hour days and two (2) 12-hour days. e. Schedule – Employees assigned to training or a school in excess of thirty-two (32) hours in a work week will work a five (5) day, eight (8) hour work week in lieu of their regular work schedule. 4. Forty (40) Hour Work Week Communications Center - Non-Sworn employees who are assigned to the Communications Center currently work a 4/10 work schedule. Upon mutual agreement of the Police Chief and the Association, the work schedule for the Communications Center may be changed to a work schedule of 11 hours and 25 minutes a day. One (1) work week shall consist of three consecutive shifts of 11 hours and 25 minutes and one (1) wo rk week of four consecutive shifts of 11 hours and 25 minutes. The two (2) week cycle then repeats itself. Effective at the next shift change (scheduled for late May 2019) the work schedule of employees in the Communications Operator-PD and Communications Supervisor-PD classifications shall be a 3/12.5+5 schedule in which employees are scheduled to work three 12.5 hour shifts (on consecutive days) each week, with one additional five hour shift each 14 days that is adjacent to the employee’s first or last regularly scheduled shift of the week. Employees may arrange shift trades such that the employee’s work one 10 hour day each 28 days. These employees’ FLSA workweeks shall begin exactly 2.5 hours into the start time of their five hour shift and end exactly 168 hours later. At the discretion of the Police Chief, the 3/12.5+5 work schedule may be terminated effective at the end of three deployments, (the third deployment is scheduled to end in May 2020) provided notice of such termination is provided to the President of HBPOA in writing before February 12, 2020. If terminated, the affected employees shall revert to the 4/10 work schedule described in the first paragraph of this Article IX. A. 4. 5. Overtime 187 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 11 a. Employees assigned to an eighty (80) hour work period shall be paid at the rate of one and one-half (1 ½) times their regular rate of pay for all time worked in excess of their regularly scheduled shift and/or 80 -hour work period. Their 80 hour work period is authorized and in accordance with Section 7(k) of the FLSA. b. Employees assigned to a forty (40) hour work week shall be paid at the rate of one and one-half (1 ½) times their regular rate of pay for all time worked in excess of their regularly scheduled shift and/or forty (40) hour work week. However, Communication Operators on the 7/11.5 or 3/12.5+5 work schedule must work a minimum of forty (40) hours in the work week before earning overtime. Any hours worked in excess of the regularly scheduled shift that do not exceed forty (40) hours in a work week shall be paid at their regular rate of pay. B. Other Time: 1. Compensatory Time Off - Federal law controls the use of compensatory time off. Title 29 U.S. Code Section 207(o) allows the employer and employee representative to establish a compensatory time off bank in lieu of a cash overtime payment as required by the FLSA. The parties agree an employee may elect to bank compensatory time up to a maximum one hundred sixty (160) hours. The employee’s right to use compensatory time off may be restricted if a request to use is not made by providing reasonable notice or the requested use is “unduly” disruptive. The parties agree reasonable notice is seventy two (72) hours. If compensatory time off is requested with 72 hours or more notice, its use cannot be denied unless to do so would be unduly disruptive. A request to use compensatory time off made with less than the 72 hours’ notice can still be granted at the discretion of the manager to whom the request is made. In addition to the preceding, the Chief of Police shall identify days or events on which compensatory time can be denied. These days or events will be designated as "unduly disruptive days". There shall be a maximum of seven (7) unduly disruptive days per calendar year. The Chief of Police shall identify these "unduly disruptive days" as early as possible and no later than 45 days prior to the designated date or event. Employees who already had been granted time off with pay for the "unduly disruptive days" selected by the Chief of Police prior to the time the selection had been made shall be allowed to continue to take that time off with pay. The Modified Maximum Deployment Calendar currently being used will be eliminated and shall be replaced by the designated "unduly disruptive days." The parties agree if by December 31September 30, 20197 they have been unable to agree upon a successor MOU, the compensatory time off provisions will continue unless either party informs the other that it no longer agrees to allow the continued accrual of compensatory time off in lieu of overtime compensation . If that occurs, thirty (30) days after providing such notice to the other side, all overtime worked will be paid unless and until the parties agree upon a subsequent compensa tory time off provision in the MOU. 188 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 12 The parties agree that use of compensatory time off at the following times will be unduly disruptive: a. At any time when the request for compensatory time off request presents an officer’s safety problem by going below shift minimum as presented by the City in the meet and confer process. b. The Association, its officers, agents, representatives and/or members agree that during the term of this MOU they will not call, engage in, request or condone the use of compensatory time off for any strike, walkout, work stoppage, job action, slowdown, sick-out, blue flu, withholding of services or other interference with City operations, or honor any job action by any other employee of the City, employee organizations, or employees of any other employers by withholding or refusing to perform services. In the event that the Association, its officers, agents, representatives, and/or members engage in any of the conduct prohibited herein above, the compensatory time off provision of this MOU shall sunset and thereafter overtime hours shall be compensated at the employee’s overtime rate. c. To the extent that these provisions are inconsistent with the Settlement Agreement in HBPOA, et al. v. City of Huntington Beach, et al. Case No. CV 92-6265 CMB (Shx) said settlement agreement is superseded. Provisions not so superseded shall not be affected by the agreement. 2. Work Time - For the purpose of computing the 80 hour work period for sworn employees in the unit and the 40 hour workweek for non -sworn employees in the unit, the following shall be included as hours worked in determining the eligibility for overtime pay. a. Sick leave. b. Vacation time taken during the work period. c. Compensatory time off taken during the work period. d. Any other paid leave time taken during the work period. 3. Subpoena Compensation a. Court Appearance Time - Employees required to appear in court during other than their scheduled working hours shall be paid a minimum of three (3) hours overtime pay; provided, however, that if such time overlaps with the employee’s scheduled working hours, said rate shall be limited to those hours occurring prior to or after the employee’s scheduled work time. The City shall recognize administrative subpoenas the same as criminal and civil, including subpoenaed hearings conducted by telephone. Telephone Business under subpoena is differentiated from Telephonic Work as described in Section 6 below. 189 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 13 b. On-Call Court Time - Employees required to be on-call for a court appearance during other than their scheduled working hours shall be paid a minimum of three (3) hours pay at their regular rate of pay for each morning and afternoon court session provided, however, that if such time overlaps with the employee’s scheduled working hours, said rate shall be limited to those hours occurring prior to or after the employee’s scheduled work time. On -Call Court Time shall not be considered hours worked for the purpose of calculating overtime. Employees shall not be paid On -Call Court Time if Court Appearance Time is paid. c. Cancelled Subpoenas - Employee shall be paid two (2) hours of pay at their regular rate of pay for subpoenas cancelled with less than twenty-four (24) hours’ notice. d. Retiree - In accordance with department policy, if the City accepts a subpoena on behalf of a current employee who then retires or a retiree, a stipend will be provided for court appearance time. The stipend will be based on the present Step E of the base hourly rate of pay of the position the retiree held before retirement from City service. Paid court preparation time and travel expenses shall be mutually agreed upon between the City and the retiree. 4. Standby Pay - An employee who is placed on standby status by a supervisor shall be paid four (4) hours pay at their base hourly rate of pay for each 24 (twenty -four) hour period, or any part thereof, of standby status. 5. Call Back - Employees who are called back to work will be paid a minimum of two (2) hours pay at the overtime rate, upon arrival at the department or the incident scene until released. Should the called back employee be cancelled prior to arrival, the two (2) hour minimum shall be paid. 6. Telephonic Business - Off-duty employees shall be compensated a minimum of fifteen (15) minutes as hours worked when telephoned to conduct departmental business. Telephonic departmental business beyond fifteen (15) mi nutes shall be compensated in fifteen (15) minute increments (i.e., 16-30 minutes = 30 minutes of compensation, 31-45 minutes = 45 minutes compensation and so forth). Telephonic business is not considered Call Back Time as outlined in Article IX.B.5. 7. Canine Compensation - Employees assigned to canine duty shall be paid for the off-duty care, feeding and grooming of their canine and the routine, off -duty canine-related maintenance of their canine car. The City and the Association have considered the time that canine officers typically spend on off -duty canine care, and determined it to be fifteen (15) hours per month. Employees assigned to canine duty shall be paid fifteen (15) hours per month of overtime rate of pay based on the canine care salary rate. The canine care salary rate shall be two-thirds (2/3) of the Canine Officer's base pay rate, excluding any specialty or similar pays. In negotiating this MOU, the City requested that the 190 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 14 Association conduct an actual inquiry of the hours which employees assigned to Canine duties perform each month to ensure compliance with the FLSA and in particular the case of Leever v. City of Carson City (9th Cir. 2004). The Association advised the City that the inquiry revealed that the hours to which the parties have agreed – (fifteen hours per month) accurately describes the time such employees are performing such duties each month. In addition to the fifteen (15) hours of pay per month described in the preceding paragraph, canine officers shall be paid for off -duty veterinary visits and extraordinary off-duty care, provided that, absent an emergency, the Officers shall obtain supervisor approval for such care and shall submit payroll exemption slips. Any such additional canine compensation shall be paid at their overtime rate as defined in Article IX.A.4. The parties agree, 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)(4) and Section 571.1(b)(3) Canine Officer/Animal Premium. 8. Shift Trading The parties agree the provisions below are compliant with the Fair Labor Standards Act. Unit members have the right to trade shifts with their colleagues within the same classification subject to the following conditions: a. Both employees agree to the shift trade voluntarily. b. The employees trading the shifts shall complete an appropriate shift trade form signed by both employees and presented to a supervisor for approval prior to the first affected shift. Supervisors will not unreasonably deny a trade. c. The employee whose shift is worked gets credit for the shift. Thus, the employee whose shift was worked will record the time as time worked on his or her time sheet. Payback of the traded shift will be the responsibility of the two employees who trade shifts and will not be monitored by the City. However, the parties agree shift trades will be accomplished by the employees who trade within six (6) months of the first shift traded. If an employee leaves the City having not paid back a shift, it shall be the responsibility of the two employees to work out any pay back. ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS A. Retiree Medical Trust The City authorizes the HBPOA to participate in an employee welfare medical benefit trust fund program, called the PORAC Retiree Medical Trust, with the following conditions: 191 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 15 1. Effective on the first day of the pay period following City Council approval of this MOU, tThe City shall contribute $100.00 to the Trust per month for each represented employee. Equal contributions shall be made on the first two pay periods of each month. This benefit will continue until December 31, 2019 on which day it will sunset unless the parties affirmatively negotiate to maintain or modify it. This contribution shall sunset on the adoption of a successor MOU or following expiration of the MOU once impasse is declared in successor negotiations (whichever is earlier) by either party. At such time, the City will no longer have the obligation to make this $100.00 contribution to the Trust. 2. The City shall withhold $100.00 per month for each represented employee to participate in the program. The withholding could change and if it does, it shall be in an amount as designated in writing by the HBPOA. Deductions shall be taken on the first two checks of each month. Generally, participation and contributions are required for every member of the bargaining unit represented by the Association. However, this requirement will not apply to an employee who is entitled to receive full retiree medical coverage due to his or her service in the United States military (Military Exception). 3. HBPOA shall pay all associated expenses incurred to participate in this program. 4. Upon request, the HBPOA shall provide documentation to the City as follows: a. A copy of the in-force employee medical welfare benefit trust fund program; b. A statement certifying that funds collected are for employee welfare medical benefits for HBPOA represented employees only; c. A copy of the current program document as well as any changes, amendments or written confirmation that there have been no changes to the employee medical welfare benefit trust fund program provider; d. Verification of the funds submitted to the PORAC Retiree Medical Trust, and e. A statement certifying that the submitted funds are only being utilized to provide employee welfare medical benefit trust funds for participating members including members of the HBPOA. 5. City shall pay the withheld funds to the PORAC Retiree Medical Trust bi-weekly. 6. All Federal and State laws regarding employee medical welfare benefit trust funds coverage shall be followed. 7. HBPOA agrees that it will indemnify and hold harmless the City as well as all direct or indirect successors, officers, directors, heirs, predecessors, assigns, agents, insurers, employees, attorneys, representatives, and each of them, past and present, from and against any claims, lawsuits, penalties, interest, taxes, or liability 192 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 16 of any kind whatsoever, which may result from the qualified emplo yee welfare benefit trust fund program. B. Health The City shall continue to make available group medical, dental and vision benefits to all Association employees and qualified dependents. The effective date for medical, dental and vision coverage is the first of the month following date of hire. 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 emplo yee separates, unless otherwise precluded by CalPERS Public Employees' Medical and Hospital Care Act (PEMHCA). All employee contributions shall be deducted on a pre- tax basis. 1. CalPERS Public Employees' Medical and Hospital Care Act The City presently contracts with CalPERS to provide medical coverage. The City is required under CalPERS PEMHCA to make a contribution to retiree medical premiums. A retiree’s right to receive a City contribution, and the City’s obligation to make payment on behalf of retirees, shall only exist as long as the City contracts with CalPERS for medical insurance. In addition, while the City is in CalPERS, its obligations to make payments on behalf of retirees shall be limited to the required statutory minimum payment. a. PEMHCA Employer Contributions The City shall contribute on behalf of each employee, the required statutory minimum payment per month for the payment of premiums for medical insurance under the PEMHCA program. As the statutory minimum is increased, the City shall make the appropriate adjustments by decreasing its flex benefits contribution accordingly as defined in the following sub -section. b. Maximum Employer Contributions toward Flex Benefits The City’s maximum monthly employer contribution f or each employee’s medical and vision insurance premiums are set forth as follows: i. Employee only (“EE”) – The cost of the medical premium up to a maximum of $69934.00. Effective in the pay period which includes February 1, 2019, the beginning of the pay period following City Council final approval of this MOU, the amount is increased to $774699.00. ii. Employee + one dependent (“EE” + 1) – The cost of the medical premium up to a maximum of $1,399186.00. Effective in the pay period which includes February 1, 2019 the beginning of the pay period following City Council final approval of this MOU, the amount is increased to $1,623399.00 193 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 17 iii. Employee + two or more dependents (“EE” + 2) – The cost of the medical premium up to a maximum $1,789507.00. Effective in the pay period which includes February 1, 2019, the beginning of the pay period following City Council final approval of this MOU, the amount is increased to $2,0761,789.00. iv. The City shall also pay up to $22.76 per month for each employee for the VSP Vision Plan. The parties agree the required PEMHCA statutory minimum contribution is included in this sum stated in the sub-section above. If the employee enrolls in a plan wherein the costs exceed the City Contribution, the employee is responsible for all additional premiums through pre-tax payroll deductions. 2. Dental Insurance The annual maximum benefit for the Delta Dental PPO plan is $2000 (two thousand dollars). The maximum monthly City contribution for dental insurance shall be as follows: 1) employee only (“EE”) - $57.86; 2) employee plus one dependent (“EE+1”) - $108.02 or 3) employee plus two or more dependents (“EE+2”) - $142.36. 3. Retiree (Annuitant) Coverage As required by the Government Code retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. The City’s requirement to provide retirees and/or annuitants medical coverage is solely governed by the Government Code requirement that requires the City to extend this benefit to retirees (annuitants). While the City is contracted with CalPERS to participate in the PEMHCA program, CalPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. a. City Contribution (Unequal Contribution Method) for Retirees As allowed by the Government Code and the CalPERS Board, and requested by the Association, the City contracted for and uses the Unequal Contribution Method to make City contributions on behalf of each retiree or annuitant. The starting year for the unequal contributions method was 2004 at $1.00 per month. The City’s contribution for each annuitant shall be increased annually by five percent (5%) of the monthly contribution for employees, until such time as the contributions are equal. The Service Credit Subsidy will be reduced every January 1st by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). The City shall make these payments only while the City is a participant in the PEMHCA program. b. Termination of Participation in the CalPERS PEMHCA program – Impact to Retirees 194 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 18 The City’s requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the Association and the City or if the City elects to impose termination of its participation in the PEMHCA program, retirees (annuitants) shall no longer be eligible for City provided medical insurance. In the event that the City terminates its participation in the PEMHCA program, the retiree medical subsidy program in place in Resolution No. 2001-28 Exhibit C to the MOU shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. c. Termination Clause The City and Association may each request termination of the City’s contract with CalPERS after the announcement of State Legislation, Judicial Rulings, or a CalPERS Board Action that changes the employer’s contribution, insurance premiums or program changes to the CalPERS medical plan. The City and Association may elect to terminate its participation in the CalPERS PEMHCA program by mutual agreement through the meet and confer process between the Association and the City. 4. Medical/Vision Opt-Out Employees covered by group health insurance outside of a City-provided program (evidence of which must be supplied to the Human Resources Department), may elect to discontinue City medical coverage and either direct the cash value of the City’s Contribution Cap for employee only (“EE”) medical coverage as described in Article X.B.1.(b) be deposited into their Deferred Compensation account, or any other pre-tax program offered or approved by the City, or the employee may elect to receive this amount as a taxable cash medical-opt out benefit. In order to be eligible for the opt-out payment the employee must be able to demonstrate to the City’s satisfaction that they are enrolled in a qualified employer-sponsored group health plan that provides minimum essential coverage as defined by the Affordable Care Act, (The coverage must be obtained through another source other than coverage in the individual market, whether or not obtained through Covered California) enrolled in a plan which ensures that the City is complying with the Affordable Care Act (ACA) and will not incur penalties under the ACA. The parties agree that rate at which MOU overtime (overtime which is in addition to that which is required by the FLSA per the City’s 7(k) FLSA work period) is paid does not include any contributions to the City’s benefit plans, including, but not limited to, the Medical/Vision Opt-Out as set forth in Article X, Section (B)(4). Such cash is only included in the overtime rate if overtime qualifies as overtime under the Fair Labor Standards Act. 195 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 19 An employee may also elect to discontinue vision coverage. The employer-paid portion of the premium paid for vision coverage will be applied toward the medical premium. 5. Section 125 Employee Plan The City shall provide an Internal Revenue Code section 125 employee plan that allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or unreimbursed medical expenses as determined by the Internal Revenue Code. 6. Life Insurance The City will provide $50,000 term life insurance and $50,000 accidental death and dismemberment insurance without evidence of insurability other than evidence of working full time. Additional life insurance may be purchased consistent with the plan limitations, at the employee’s cost, with evidence of insurability. 7. Income Protection Plan The City authorizes the HBPOA to administer its own Long Term Disability (LTD) Program providing the following conditions are adhered to: a. The City and HBPOA agree that the City shall no longer provide a City sponsored LTD Program. b. HBPOA shall contract with an authorized provider for a LTD program for the employees represented by the HBPOA. c. The City shall pay to HBPOA for the cost of LTD premiums not to exceed thirty-eight dollars ($38) per month per occupied covered position represented by HBPOA. d. Non-dues paying represented employees shall be covered by the LTD Policy at the same premium rate as dues paying represented employees. e. City payment to HBPOA is to be made for each represented employee per month based on the bi-weekly payroll. f. HBPOA shall pay the authorized provider for the cost of premiums and any expenses incurred for administering the program. g. The City shall provide the HBPOA with a monthly report of covered employees. h. No self-funding/self-insurance of LTD benefits is permitted under this agreement. 196 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 20 i. Upon request, the HBPOA shall provide an annual certification of the Plan on each anniversary the Plan is in effect which will include: 1) A copy of the most current audited financial statements; 2) A copy of the latest actuarial report, which should be completed by an independent “Fellow of the Society of Actuaries”; 3) A copy of the in-force LTD Program; 4) A statement certifying that premiums collected are for LTD benefits for HBPOA represented employees only; 5) A copy of the current plan document as well as any changes or amendments, or written confirmation that there have been no changes as LTD provider; 6) A copy of the “Summary Annual Report” and, upon request, a copy of the latest filed Form 5500; 7) A listing of active HBPOA claimants with all relevant data as requested by City (i.e., date of disability, etc.) including the allocated reserves for each claimant; 8) Verification of the premium received and credited by the HBPOA. 9) A statement certifying that the submitted premiums are only being utilized to provide LTD benefits for participating members including members of the HBPOA; and 10) A written confirmation from the plan administrator confirming (i) that it is authorized to do business in California; (ii) that it is properly licensed; (iii) that it maintains current “Errors and Omissions” insurance; and (iv) that it is bonded. j. All Federal and State laws regarding LTD benefit coverage shall be followed. k. HBPOA agrees that it will indemnify and hold harmless the City as well as all direct or indirect successors, officers, directors, heirs, predecessors, assigns, agents, insurers, employees, attorneys, representatives, and each of them, past and present, from and against any claims, lawsuits, penalties, interest, taxes, or liability of any kind whatsoever, which may result from the HBPOA sponsored and administered LTD insurance program. 8. Long Term Care a. The City authorizes the HBPOA to administer its own Long Term Care (LTC) Program providing the following conditions are adhered to: 197 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 21 b. HBPOA shall contract with an authorized provider for LTC program for the employees represented by the HBPOA. c. The City shall pay to HBPOA for the cost of LTC premiums not to e xceed twenty-five ($25) per month per occupied covered position represented by HBPOA. d. Non-dues paying represented employees shall be covered by the LTC Program at the same premium rate as dues paying represented employees. e. City payment to HBPOA is to be made for each represented employee per month based on the bi-weekly payroll. f. HBPOA shall pay the authorized provider for the cost of premiums and any expenses incurred for administering the program. g. The City shall provide the HBPOA with a monthly report of covered employees. h. No self-funding/self-insurance of LTC benefits is permitted under this agreement. i. Upon request, the HBPOA shall provide any reasonable documentation to the City as similarly described in the LTD Program. j. All federal and State laws regarding LTC benefit coverage shall be followed. k. HBPOA agrees that it will indemnify and hold harmless the City as well as all direct or indirect successors, officers, directors, heirs, predecessors, assigns, agents, insurers, employees, attorneys, representatives, and each of them, past and present, from and against any claims, lawsuits, penalties, interest, taxes, or liability of any kind whatsoever, which may result from the HBPOA sponsored and administered LTC Program. ARTICLE XI – RETIREMENT A. “Classic Member” Safety Employee Retirement Benefits: 1. 3% @ Age 50 Plan - The City shall provide the 3% @ Age 50 retirement formula set forth in California Government Code Section 21362.2 for all safety employees defined as “classic members” per the Public Employees’ Pension Reform Act of 2013 (PEPRA) represented by the Association. 2. 1959 Survivors’ Benefit Level IV (California Government Code Section 21574) - Members of the City’s safety retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit. 198 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 22 3. Pre-retirement Optional 2 Death Benefit (California Government Code Section 21548 – Safety Employees) 4. One-Year Final Compensation (California Government Code Section 20042) 5. “Classic Member” Safety CalPERS Member Contribution - a. All “classic members” shall pay their CalPERS member contribution of nine percent (9%) of pensionable income. b. The City has adopted the CalPERS Resolution in accordance with IRS Code section 414(h)(2) to ensure that both the employee contribution and the City pickup of the required member contribution are made on a pre -tax basis. However, ultimately, the tax status of any benefit is determined by the law. B. “Classic Member” Miscellaneous Employee Retirement Benefits: 1. 2.5 % @ Age 55 Plan (California Government Code Section 21354.4) – Members of the City’s miscellaneous retirement plan with the California Public Employees’ Retirement System (CalPERS) shall receive the 2 .5% at age 55 CalPERS retirement plan. 2. 1959 Survivors’ Benefit Level IV (California Government Code Section 21574) - Members of the City’s miscellaneous retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit. 3. Pre-Retirement Optional Settlement 2 Death Benefit (California Government Code Section 21548) - Members of the City’s miscellaneous retirement plan shall be covered by the Pre-Retirement Optional Settlement 2 Death Benefit. 4. One-Year Final Compensation (California Government Code Section 20042) 5. Classic Miscellaneous CalPERS Member Contribution - a. All “classic members” shall pay their CalPERS member contribution of eight percent (8%) of compensation earnablepensionable income. b. The City has adopted the CalPERS Resolution in accordance with IRS Code section 414(h)(2) to ensure that both the employee contribution and the City pickup of the required member contribution are made on a pre -tax basis. However, ultimately, the tax status of any benefit is determined by the law. C. Retirement Benefits for Safety and Miscellaneous Employees - Self-Funded Supplemental Retirement Benefit – In the event a PERS member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employees’ Retirement law, and the member is a unit employee who was hired prior to July 6, 1998, the City shall pay the difference 199 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 23 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 t he 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. All unit employees hired after July 6, 1998 shall not be eligible for this benefit. D. CalPERS “New Member” Retirement Benefits: For “New Members” within the meaning of the California Public Employees’ Pension Reform Act (PEPRA) of 2013 as defined in California Government Code Section 7522.04(f). Employees (both sworn and miscellaneous) shall pay one half of the normal cost rate, as established by CalPERS each year in its annual valuation for the City, as required by California Government Code Section 7522.30(c). E. “New Member” Safety Retirement Benefits 1. CalPERS “New Member” Safety Retirement Formula: 2.7% @ Age 57 Plan - The City shall provide the 2.7% @ Age 57 retirement formula set forth in California Government Code Section 7522.25(d) for all safety employees defined as “new members” per the Public Employees’ Pension Reform Act of 2013 (PEPRA) represented by the Association. 2. 1959 Survivors’ Benefit Level IV (California Government Code Section 21574 ) – Members of the City’s safety retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit. 3. Pre-Retirement Optional Settlement 2 Death Benefit (California Government Code Section 21548) these members of the City’s safety retirement plan shall be covered by the Pre-Retirement Optional Settlement 2 Death Benefit. 4. Final Compensation - Final compensation will be based on the highest annual average pensionable 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 California Government Code Section 7522.32(a). F. “New Member” Miscellaneous Retirement Benefits 1. CalPERS “New Member” Miscellaneous Retirement Formula: 2% @ Age 62 Plan -The City shall provide the 2% @ Age 62 retirement formula set forth in California Government Code Section 7522.20(a) for all non -safety employees defined as “new members” per the Public Employees’ Pension Reform Act of 2013 (PEPRA) represented by the Association. 200 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 24 2. 1959 Survivors’ Benefit Level IV (California Government Code Section 21574 ) – Members of the City’s miscellaneous retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit. 3. Pre-Retirement Optional Settlement 2 Death Benefit (California Government Code Section 21548) these members of the City’s miscellaneous retirement plan shall be covered by the Pre-Retirement Optional Settlement 2 Death Benefit. 4. Final Compensation - Final compensation will be based on the highest annual average pensionable 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 California Government Code Section 7522.32(a). ARTICLE XII - LEAVE BENEFITS A. Vacation: 1. Anniversary Date - For the purpose of computing vacation, an employee’s anniversary date shall be the most recent date on which he/she commenced full- time City employment. 2. Annual 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 except the following: a. Employees who have not completed six (6) months of continuous service with the City. b. Employees who work less than full-time who are not permanent. c. Employees on leave of absence. 3. Vacation Accrual - Employees in the City’s service, having an average work week of forty (40) hours, shall accrue annual vacation with pay in accordance with the following: a. For the first (1st) through the fourth (4th) year of continuous service, vacation time will be accrued at the rate of one hundred twelve (112) hours per year (4.31 biweekly). b. For the fifth year (5th) and through the ninth (9th) year of continuous service, vacation time will be accrued at the rate of one hundred thirty six (136) hours per year (5.23 biweekly). 201 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 25 c. For the tenth (10th) year and through the fourteenth (14th) year of continuous service, vacation time will be accrued at the rate of one hundred sixty (160) hours per year (6.15 biweekly) d. For the fifteenth (15th) year and thereafter of continuous service, vacation time will be accrued at the rate of one hundred ninety two (192) hours per year (7.38 biweekly). 4. Vacation a. No employee shall be permitted to take a vacation in excess of actual time earned and vacation shall not be accrued in excess of four hundred (400) hours. Vacations shall be taken only with permission of the Chief of Police; however, the Chief of Police shall schedule all vacations with due consideration for the wish of the employee and particular regard for the need of the department. b. Vacation accumulated in excess of the four hundred (400) hour cap shall be paid at the base hourly rate of pay on the first pay day following such accumulation. 5. Vacation Pay at Separation For Employees Exempt From the Retirement Medical Trust – These employees shall be paid for unused vacation upon separation of employment at which time they shall be paid compensation at their current regular rate of pay for all unused, earned vacation to which they are entitled through their last day of employment. 6. Vacation Conversion to Cash - Through the end of 2019, Aan employee may elect to take up to eighty (80) hours of pay at their current regular rate of pay per calendar year for accrued vacation in lieu of time off. It is the intent of the parties that employees will take vacation during the current year. Effective in calendar year 2020, on or before the beginning of the pay period which includes December 15 (starting in 2019) of each calendar year, an employee may make an irrevocable election to cash out up to eighty (80) hours of accrued vacation (in eight hour increments) which will be earned in the following calendar year at the employee’s base rate of pay. By Thanksgiving in the following year, the employee will receive cash for the amount of vacation the employee irrevocably elected to cash out in the prior year. However, if the employee’s vacation leave 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 leave the employee has accrued at the time of the cash out. 7. Deferred Compensation/Vacation Cash Out - The value of any unused earned vacation may be transferred to deferred compensation at the regular rate of pay in connection with separation from employment, but only during the time the employee is actively employed with the City. The employee must request the transfer no later than the pay period prior to the employee’s last day of 202 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 26 employment. Any unused earned vacation remaining upon separation will be transferred to the qualified medical retirement trust program on a pre-tax basis B. Sick Leave Compensation 1. All employees shall be entitled to use a maximum of sixty (60) calendar days paid sick leave per incident or illness. This leave shall not accumulate beyond the one year maximum and there shall be no pay off rights to unused leave upon separation of employment from the City. 2. Police Sergeants Sick Leave Pay Off a. Police Sergeants promoted before December 23, 2000, shall be entitled to the following sick leave payoff plan: At separation from employment, all employees shall be paid, at their regular rate of pay, for twenty-five percent (25%) of unused, earned sick leave to four hundred eighty (480) hours accrued, and for thirty-five (35%) of all unused, earned sick leave in excess of four hundred eighty (480) hours, but not to exceed seven hundred twenty (720 hours). No Police Sergeant shall be paid at separation for more than seven hundred twenty (720) hours of unused, accumulated sick leave. C. Bereavement Leave - Employees shall be entitled to bereavement leave not to exceed three (3) working days 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. D. Leave Benefits Entitlement – As employees do not accrue sick leave, all employees will be allowed to use up to (sixty) 60 hours per calendar year for family sick leave to care for a child, parent, spouse, registered domestic partner grandchild, grandparent, sibling or step-parent. The City will provide family and medical care leave for eligible employees that meet all requirements of State and Federal law. Rights and obligations are set forth in the Department of Labor Regulations implementin g the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). Time off for a work related injury shall not run concurrently with FMLA or CFRA leave for sworn and detention employees. The City shall comply with all State and Federal leave benefit entitlements laws. An employee on an approved leave shall be allowed to use paid Sick Leave and earned Vacation, and/or Compensatory Time for the duration of the approved leave. 203 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 27 E. Catastrophic Leave Donation Program - Under certain conditions, employees may donate leave time to another employee in need. The program is outlined in Exhibit F. F. Nurse Employees Certification - The City shall allow licensed nurse employees time off with pay to attend required courses necessary to maintain certification requirements. G. Cash Out of Compensatory Time Off - Through the end of 2019, Ttwice each year, employees may, at their option, be paid for their compensatory time off. Payment when requested under this section shall be at the employee’s regular rate of pay i n effect at the time the request is made. Effective in calendar year 2020, on or before the beginning of the pay period which includes December 15 (starting in 2019) of each calendar year, an employee may make an irrevocable election to cash out (in ten (10) hour increments) accrued compensatory time off which will be earned in the following calendar year. The employee can elect to receive cash for their accrued compensatory time off up to two times per calendar year, and in a cumulative amount not to exceed the number of hours the employee irrevocably elected to cash out in the prior year. However, if the employee’s compensatory time off leave balance in the pay period containing December 15th is less than (the balance of) the total amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of leave the employee has accrued at the time of the cash out. H. Association Business - An allowance of one thousand forty (1040) hours per year shall be established for the purpose of allowing authorized representatives of the Association to represent members of the Association in their employment relations. Such allowance may be utilized only by those persons aut horized by the Board of Directors of the Association and such utilization shall be subject to the rules indicated in Exhibit B. Up to two hundred (200) hours per year of unused hours may be carried over to the subsequent year. ARTICLE XIII - CITY PERSONNEL RULES All MOU provisions that supersede the City’s Personnel Rules shall automatically be incorporated into the City’s Personnel Rules as applicable. All City Personnel Rules shall apply to Association members, however, to the extent this MOU modifies the City’s Personnel Rules, the Personnel Rules as modified will apply to Association members. ARTICLE XIV – MISCELLANEOUS A. Tuition Reimbursement - Education costs shall be paid to non-sworn employees on the basis of full refund for tuition fees, books and supplies -provided, however, that maximum reimbursement shall be at the rates currently in effect in the University of California system. Upon approval of the Department Head and the Human Resources Director, employees may be compensated for actual cost of tuition, books, and fees at 204 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 28 accredited educational institutions that charge higher rates than the University of California, if it can be demonstrated by the employee that said educational institution presents the only accredited course or program within a reasonable commuting distance of the employee. Tuition reimbursement shall be limited to job related courses or approved degree objectives and require prior approval by the Department Head and Human Resources Director. Reimbursements shall be made when employees present proof to the Human Resources Director that they have paid such costs and successfully completed the course(s) with either a “C” grade or better, or a “Pass” grade in a pass/fail grading system. B. Meal Allowance: 1. Per Diem - Employees shall be entitled to per diem under the following circumstances: a. Personnel with prior knowledge and approval of their supervisor, and on work assignments, or attending, meetings or training in excess of a twenty-five (25) mile radius beyond their normal work station, and which extends more than one (1) hour beyond their normal work hours or require lodging. b. Meeting or training assignments, which include a meal, will be reimbursed at the actual cost of the meeting or meal, not to exceed the prorated per diem schedule. c. Meal expenses other than listed in “a” or “b” may be considered for reimbursement (receipt required) at the discretion of the Division Commander. d. Receipts are not required, other than as noted above. 2. Per Diem Schedule - Forty-five dollars ($45) per twenty-four (24) hour period or prorated as follows; Breakfast – Ten dollars ($10.00), Lunch – Fifteen dollars ($15.00), Dinner – Twenty dollars ($20.00). C. Mileage Allowance - The City shall reimburse employees for the use of personal automobiles at the existing IRS reimbursable rate. 205 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 29 D. Weapon Vesting - Unit employees’ assigned a weapon shall be vested with ten percent (10%) ownership per year so that ten (10) years after assignment of the weapon to the employee, he/she shall be fully vested with ownership. Employees are responsible for paying the gun transfer fee when the weapon is transferred to them. E. Controlled Substance and Alcohol 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, consistent with department policy. F. Take Home Vehicles/Distance to Work - Employees who take work vehicles home under this provision must reside within thirty-five (35) miles of the City limits. Those employees assigned a motorcycle who reside beyond thirty-five (35) miles of the City limits at the time of ratification of this Agreement may drive their motorcycle to and from their residence to their place of work if such travel does not exceed three hundred and fifty (350) miles per week. The following unit classifications shall be allowed to take a City vehicle home under this provision: Employees assigned to the Executive Division, Administrative Division, Investigation Division and specific assignments in the Uniform Division that require a vehicle assignment as part of their duties (i.e., Canine, Motorcycle, Accident Reconstruction, Special Enforcement Bureau). Employees who take a City vehicle home are expected to be reasonably available to respond to work-related activities; however, there is no restriction of the employee’s off-duty activities implied or intended by this expectation. G. Administrative Appeal Procedure - In compliance with the Government Code, the Administrative Appeal Procedure for all public safety officers is referenced in Exhibit D of this MOU. H. Direct Deposit - All employees hired after April 1, 2006 shall be required to enroll in and maintain participation in the City’s direct deposit pay system. I. Meet and Confer - During the term of this Agreement, the City retains the right to meet and confer on any specific issue related to payroll implementation and/or compliance with the Fair Labor Standards Act (FLSA). J. Physical Fitness Program - Any physical fitness time earned under prior HBPD Policy Manual Section 208.9 can still be used, but can be denied if it will require the Department to backfill the employee requesting to use the time. K. Administrative Dispatcher Assignment 1. The Administrative Dispatcher assignment will be for two years. The employee in the assignment on the date of City Council approval of this 2017- 19 MOU will stay in the assignment for two years from her initial date of appointment. 206 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 30 a. Future appointees will have the chance to apply by providing interest memos prior to expiration of the assignment. The City will post a notice for two weeks informing prospective appointees that during that two-week period they may submit their interest memos. b. If no person submits an interest memo, the then current appointee can be reappointed for another one-year assignment. If that person no longer wishes to serve in the assignment, the Communications Manager has the discretion to keep the assignment vacant or to appoint another (i.e., a different person) Commu nications Supervisor to the assignment for one year. c. If one person (different from the then current appointee) submits an interest memo, that person (not the then current appointee) will be appointed to the assignment. d. If more than one person (different from the then current appointee) submits an interest memo, there will be a selection process and the City reserves the right to select the appointee among those who submitted interest memos. 2. The Communications Administrative Supervisor will not be above the Communications Supervisor in the Organizational Chart and will reflected as follows in the Communications 1 Manual: Communications Manager Communications Supervisor Communications Administrative Supervisor Communications Operator 207 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 31 ARTICLE XV – SUCCESSOR NEGOTIATIONS The parties agree to commence labor negotiations for a successor MOU no later than March 15, 2017. At that meeting, the parties shall discuss ground rules and meeting dates. On or before April 15, 2017 the parties agree to mutually exchange comprehensive proposals. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this _____ day of June _____ 20196. CITY OF HUNTINGTON BEACH HUNTINGTON BEACH POLICE OFFICERS’ ASSOCIATION By: By: Fred A. Wilson City Manager Yasha Nikitin David Humphreys POA President By: By: Robert Handy Chief of Police Corwin Bales POA Member By: By: Peter J. Brown Chief Negotiator Yasha Nikitin POA Member By: By: Lori Ann Farrell-HarrisonKen Domer Assistant City Manager Dennis Hashin POA Member By: By: Michele Warren Human Resources Director Jeff Huss POA Member By: By: Brian Seitz Russell Reinhart Police Captain Robert Wexler Chief Negotiator By; JoAnn Diaz Principal Human Resources Analyst APPROVED AS TO FORM By: Michael E. Gates 208 POLICE OFFICERS’ ASSOCIATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 32 City Attorney 209 POLICE OFFICERS’ ASSOCIATION EXHIBIT A – SALARY SCHEDULE HBPOA MOU October 1, 20175 through December 31September 30, 20197 33 Effective September 27, 2014 Non-Sworn Effective September 27, 2014 Job No Job Description Pay Grade A B C D E 280 Communications Operator - PD POA280 28.77 30.36 32.03 33.80 35.66 281 Communications Supervisor - PD POA281 32.93 34.74 36.66 38.68 40.81 221 Detention Officer POA221 28.64 30.21 31.87 33.63 35.49 220 Detention Officer, Nurse POA220 30.11 31.76 33.50 35.35 37.29 222 Detention Shift Supervisor POA222 32.77 34.57 36.48 38.49 40.61 225 Police Recruit POA225 24.90 26.27 27.72 29.24 30.85 Sworn Effective September 27, 2014 Job No Job Description Pay Grade A B C D E 223 Police Officer POA223 36.20 38.19 40.29 42.50 44.84 159 Police Sergeant POA159 46.46 49.01 51.70 54.56 57.55 210 POLICE OFFICERS’ ASSOCIATION EXHIBIT A – SALARY SCHEDULE HBPOA MOU October 1, 20175 through December 31September 30, 20197 34 Effective September 24, 2016 Non-Sworn 3.0% Increase Effective September 24, 2016 Job No Job Description Pay Grade A B C D E 280 Communications Operator - PD POA280 29.63 31.27 32.99 34.81 36.73 281 Communications Supervisor - PD POA281 33.92 35.78 37.76 39.84 42.03 221 Detention Officer POA221 29.50 31.12 32.83 34.64 36.55 220 Detention Officer, Nurse POA220 31.01 32.71 34.51 36.41 38.41 222 Detention Shift Supervisor POA222 33.75 35.61 37.57 39.64 41.83 225 Police Recruit POA225 25.65 27.06 28.55 30.12 31.78 Sworn 3.0% Increase Effective September 24, 2016 Job No Job Description Pay Grade A B C D E 223 Police Officer POA223 37.29 39.34 41.50 43.78 46.19 159 Police Sergeant POA159 47.85 50.48 53.25 56.20 59.28 211 POLICE OFFICERS’ ASSOCIATION EXHIBIT B – ASSOCIATION BANK TIME HBPOA MOU October 1, 20175 through December 31September 30, 20197 35 GUIDELINES FOR THE USE OF THE ASSOCIATION BANK TIME A. Any substantial1 time used for the Huntington Beach Police Officers’ Association business while the member is using that time, is on a working status and this time will be deducted from the Association Bank, as per the Memorandum of Understanding. B. Any Association member desiring to use Association time, while on duty, shall obtain permission from their immediate supervisor, then from the President of the Association. An Association member shall, on all but emergency situations, give adequate advance notice to his/her supervisor when requesting time off for Association business. If the employee’s absence is less than one hour, use of Association bank time is not required. If the employee is away from work in excess of one hour, an Association book-time slip for all time away from work is required. In the event that the President of the Association is not available to grant permission, the Vice-President will then have the responsibility to make the appropriate decision. If the Association member’s immediate supervisor will not grant the person who is requesting time off for Association business, then the President shall be immediately notified by the member. If the business is of such a nature that it must be conducted by that particular Association member, then the President will take the matter to the Division level and every effort will be made to resolve the issue. C. Any member using Association time, while on duty, will submit an Association Bank Time Form and an overtime request form to the President. The member must write on top of the overtime form “ASSOCIATION BANK TIME OFF” and the payroll exception form will be signed by the supervisor and the President of the Police Officers’ Association or his representative. The communiqué will have the exact time and date that was used for the Association business, the location where the business was conducted. D. Those Association members that may use the Association Bank are: 1. President of the Huntington Beach Police Officers’ Association. 2. Board of Directors of the Huntington Beach Police Officers’ Association. 1 1. Substantial time, being defined as that time in excess of one hour and where the Association member is not available for duty until the Association business is concluded. 212 POLICE OFFICERS’ ASSOCIATION EXHIBIT B – ASSOCIATION BANK TIME HBPOA MOU October 1, 20175 through December 31September 30, 20197 36 3. Members assigned to committees designated by the President or the Board of Directors. 4. PORAC Representative. 5. Any other Association member designated. E. All memorandums and payroll exemption f orms will be forwarded to payroll and the copies will be sent to the Secretary of the Association for accounting purposes. 213 POLICE OFFICERS’ ASSOCIATION EXHIBIT C – SERVICE CREDIT SUBSIDY HBPOA MOU October 1, 20175 through December 31September 30, 20197 37 SERVICE CREDIT SUBSIDY PLAN An employee who has retired from the City and meets the plan participation requirements shall receive a monthly Service Credit Subsidy as provided below if the employee incurs expenses for medical premiums or purchases medical insurance to reimburse the retiree for the payment of qualified medical expenses incurred for the purchase of medical insurance. If two retired employees are married or registered domestic partners and both were covered by this MOU at the time of retirement, each would receive a reimbursement equal to the amount of his or her monthly Service Credit Subsidy even if only one purchased the medical plan and the other was named as a dependent , irrespective of who was the purchaser of the medical plan. If a retired member has a spouse or registered domestic partner who has retired from another bargaining unit, that spouse or registered domestic partner is not precluded from receiving the subsidy if at the time of his/her retirement the MOU governing that individual authorized the subsidy. The City shall continue to treat this Subsidy as a non-taxable reimbursement unless otherwise required by the Internal Revenue Service. Plan Participation Requirements 1. At the time of retirement, the employee has a minimum of ten (10) years of continuous regular (permanent) City service or is granted an industrial disability retirement; and 2. At the time of retirement, the employee is employed by the City; and 3. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees’ Retirement System (CalPERS). The City’s obligation to pay the Service Credit Subsidy as indicated shall be modified downward or cease during the lifetime of the retiree upon th e occurrence of any one of the following: a. 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 Service Credit Subsidy may be adjusted downward or eliminated. b. In the event of the death of an eligible employee, whether retired or not, the amount of the Service Credit Subsidy benefit which the deceased employee was eligible for at the time of his/her death shall be paid to the surviving spouse or dependent for a period not to exceed twelve (12) months from the date of death. 4. Minimum Eligibility for Benefits – With the exception of an industrial disability retirement, eligibility for Service Credit Subsidy begins after an employee has completed ten (10) years of continuous regular (permanent) service with the City of 214 POLICE OFFICERS’ ASSOCIATION EXHIBIT C – SERVICE CREDIT SUBSIDY HBPOA MOU October 1, 20175 through December 31September 30, 20197 38 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. To receive the Service Credit Subsidy retirees are required to purchase medical insurance from City sponsored plans. The City shall have the right to requi re any retiree (annuitant) to annually certify that the retiree is purchasing medical insurance benefits. 5. Disability Retirees - Industrial disability retirees with less than ten (10) years of service shall receive a maximum monthly payment toward the prem ium for health insurance of $121.00. Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. 6. Service Credit Subsidy – Payment shall not exceed dollar amount which is equal to the qualified medical expenses incurred for the purchase of City sponsored medical insurance. 7. Maximum Monthly Service Credit Subsidy Payments - All retirees, including those retired as a result of disability, whose number of years of service prior to retirement exceeds ten (10) continuous years of regular (permanent) service shall be entitled to maximum monthly Service Credit Subsidy by the City for each year of completed City service as follows: Maximum Service Credit Subsidy Retirements After: Years of Service Service Credit 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 8. Medicare: 215 POLICE OFFICERS’ ASSOCIATION EXHIBIT C – SERVICE CREDIT SUBSIDY HBPOA MOU October 1, 20175 through December 31September 30, 20197 39 a. All persons are eligible for Medicare coverage at age 65. Those with sufficient credited 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, the participant pays for Part B of Medicare. b. When a retiree and his/her spouse are both 65 or over, and neither is eligible for paid Part A of Medicare, the Service Credit Subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. c. 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 of Medicare, the spouse shall not receive the 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. 9. Cancellation: a. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: i. Coverage for a retiree under the Service Credit Subsidy Plan will be eliminated on the first day of the month in which the retiree reaches age 65. ii. At age 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 Service Credit Subsidy Plan will be eliminated. 216 POLICE OFFICERS’ ASSOCIATION EXHIBIT D – ADMINISTRATIVE APPEAL PROCEDURE HBPOA MOU October 1, 20175 through December 31September 30, 20197 40 ADMINISTRATIVE APPEAL PROCEDURE 1. Authority a. Rule 20 of the existing City Personnel Rules provides an administrative procedure for appealing any discipline that involves a loss in pay. Rule 20 applies to all City employees. b. Government Code Section 3304(b) allows that an appeal procedure be made available to all “public safety officers” (as defined at Government Code § 3301) for the following “punitive actions as defined in Government Code section 3303 :” (i) written reprimands; and (ii) transfer for purposes of punishment with no loss of pay. Such actions will be collectively referred to as an “Action.” Case law allows such an appeal procedure to be more limited than afforded under Rule 20. c. This provision is intended to establish the Administrative Arbitration Panel to hear appeals from public safety officers. This provision only applies to an “Action” as defined above in “b.” (Government Code § 3304(b)) 2. Administrative Arbitration Panel a. Appeals will be heard by a neutral fact finding group of three City employees. b. Only active full-time employees of the City of Huntington Beach Police Department may serve on the Administrative Arbitration Panel. The Pa nel is comprised of one employee selected by the POA, one employee selected by the Chief of Police, and the third employee selected by mutual agreement between the first two panel members. If no agreement can be reached, the “strike -out” process will be used to select the third Panel member, with the POA and the Chief each submitting four names for consideration. A coin toss will determine the party striking first with the POA reserving the right to call the coin or defer. c. The panel member selected by the Chief of Police, the POA, and the panel member selected by the Chief of Police and the POA shall each select one alternate to the panel to serve in place of a panel member in case of conflicts of interest. d. A panel member will serve one year. If the panel member selected to serve on an Administrative Arbitration Panel has direct involvement in the punitive action or is a party to the issue, he or she will be replaced by the alternate 3. Appeal Notice a. An appealing officer has five (5) calendar days from date of receipt of an “Action” to file a written appeal with the Chief of Police; otherwise, the “Action” shall stand as issued with no further rights to appeal. b. If an officer chooses not to appeal an “Action,” they may submit a written rebuttal within thirty (30) days from date of receiving the “Action.” The written rebuttal will be filed with the “Action” in the officer’s official personnel file. 217 POLICE OFFICERS’ ASSOCIATION EXHIBIT D – ADMINISTRATIVE APPEAL PROCEDURE HBPOA MOU October 1, 20175 through December 31September 30, 20197 41 4. Scheduling of Hearing Upon receipt of the written appeal notice, the Chief of Police is required to immediately request the Administrative Arbitration Panel to convene for a hearing. The Administrative Arbitration Panel is required to convene within thirty (30) days of receiving notice from the Chief of Police. 5. Hearing Procedure a. All hearings shall be closed to the public unless the disciplined officer requests a public hearing. b. All hearings shall be tape-recorded. c. The Administrative Arbitration Panel shall hear testimony from the appealing officer and the Department (specifically, the officer who investigated the conduct that led to the Written Reprimand). Testimony shall not exceed one hour from each side and an additional fifteen (15) minutes shall be given to each for rebuttal. The Department shall be heard first. d. If an appealing officer wishes to submit a written argument in lieu of oral testimony, they may do so provided that they notify the opposing party. The written testimony may not exceed one thousand five hundred (1,500) words. The written testimony must be submitted to the Administrative Arbitration Panel and the Chief of Police by no later than three (3) days in advance of the scheduled hearing. e. There is no right to sworn testimony, subpoenas, cross -examination or representation by third parties, including attorneys, at the hearing. f. In all “Actions” involving punitive discipline, the burden of proof shall be on the Department to show by a preponderance of the evidence that just cause exists for imposing discipline. In all non-punitive “Actions” (e.g., a non-punitive transfer that results in a loss of pay), the burden of proof shall be on the Department to show by a preponderance of the evidence that reasonable grounds exist for the transfer. 6. Rendering of Decision by the Administrative Arbitration Panel a. At the conclusion of the hearing, the Administrative Arbitration Panel shall deliberate in closed session. b. The decision of the Administrative Arbitration Panel is binding with no further rights to appeal. c. The decision of the Administrative Arbitration Panel must be issued in writ ing to the appealing officer within seven (7) calendar days from the conclusion of the hearing. d. The member of the Administrative Arbitration Panel who was selected by the POA and the Chief of Police shall be responsible for preparing and distributing the decision with a copy to both parties. e. The decision shall include the following: 218 POLICE OFFICERS’ ASSOCIATION EXHIBIT D – ADMINISTRATIVE APPEAL PROCEDURE HBPOA MOU October 1, 20175 through December 31September 30, 20197 42  Sustained (“Action” stands)  Not Sustained (“Action” does not stand)  Other Recommendation(s) to the Chief of Police f. In the event an officer’s “Action” is Sustained, they may, within five (5) calendar days from the date of the Administrative Arbitration Panel’s decision, file a written rebuttal. The written rebuttal will be filed with the “Action” in the employee’s official personnel file, along with the tape recording of the hearing. 219 POLICE OFFICERS’ ASSOCIATION EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 43 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, 220 POLICE OFFICERS’ ASSOCIATION EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 44 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 Dona tion 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. Employees wanting to make donations will submit a Leave Donation Form to the Finance Department (City 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. 221 POLICE OFFICERS’ ASSOCIATION EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 45 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, general leave or 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 Division 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: 222 POLICE OFFICERS’ ASSOCIATION EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION HBPOA MOU October 1, 20175 through December 31September 30, 20197 46 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 Number of Hours I wish to Donate: Hours of Vacation Hours of Compensatory Time Hours of General 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, comp or general leave hours to the Leave Donation Program for: Eligible recipient employee's name (Last, First, MI): Donor Signature: Date: Please submit to Payroll in the Finance Department. 223 POLICE OFFICERS’ ASSOCIATION EXHIBIT F – JOB SHARING PROGRAM HBPOA MOU October 1, 20175 through December 31September 30, 20197 47 A. Definition Job Sharing: Two employees share one job, subject to the following conditions: B. Eligibility 1. Police Officers eligible for this program must have three (3) years experience as a patrol Officer for Huntington Beach Police. Lateral Officers with two (2) years prior patrol experience are eligible after two (2) years of patrol assignment with HBPD. Police Sergeants are not eligible for the job sharing program. 2. Communications Operators eligible for this program must have three (3) years dispatch experience as a Communications Operator for Huntington Beach Police. Lateral Communication Operators with three (3) years of prior experience are eligible after two (2) years experience with HBPD. 3. Detention Officers are eligible after two (2) years experience as Detention Off icers with HBPD. C. Benefits Job Sharing employees will: 1. Bid for one position on a patrol squad or duty position. 2. Use the seniority of the junior member of the team to establish bid shift order. 3. Receive medical coverage for employee only, or a $200 stipend upon proof of medical coverage per MOU proposal. 4. Accrue Seniority for PERS and the department on a half time basis. 5. Receive hourly pay. 6. Receive one half (1/2) uniform allowance. 7. Receive half education pay at individual rate. 8. Receive half holiday pay. 9. Receive Sick time per MOU. 10. Accrue vacation on half time basis. 11. Earn seniority on half time basis. 12. Earn compensation for court appearance per MOU. 13. Receive time and one half pay for mandatory overtime. 224 POLICE OFFICERS’ ASSOCIATION EXHIBIT F – JOB SHARING PROGRAM HBPOA MOU October 1, 20175 through December 31September 30, 20197 48 D. Conditions 1. Absent an emergency, employees seeking a return to full time assignment are required to give 90-day notice of intent. 2. In the event of an emergency separation of the sharing partner, the remaining partner will enjoy a 90-day window within the shared position before returning to full time employment. 3. The remaining partner will return to full time when the sharing partner leaves the position, unless replaced by another qualified job share employee. 4. Job sharing employees are not eligible for voluntary overtime. 5. Up to five positions would be eligible for job sharing in uniform patrol. 6. Only one position in dispatch and the jail would be eligible for job sharing. 7. Job sharing employees cannot work specialty assignments (i.e. SWAT, Beach Detail, HNT). 8. Job Sharing would be limited to a five (5) year term. Job sharing candidates leaving the position would be eligible for re-entry after one year in patrol. 225 POLICE OFFICERS’ ASSOCIATION EXHIBIT G – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT HBPOA MOU October 1, 20175 through December 31September 30, 20197 49 LABOR MANAGEMENT WORKERS’ COMPENSATION ALTERNATIVE DISPUTE RESOLUTION AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH POLICE OFFICERS’ ASSOCIATION This Labor Management Alternate Dispute Resolution Agreement (“Agreement”) entered into by and between the City of Huntington Beach (“Cit y”) and the Huntington Beach Police Officers’ Association (“HBPOA”) is created pursuant to California Labor Code Section 3201.7(a)(3)(c). Nothing in this Agreement diminishes the entitlement of an employee to compensation payments for total or partial disability, temporary disability, or medical treatment fully paid by the employer as otherwise provided in Division 4 of the Labor Code. Nothing in this Agreement denies to any employee the right to representation by counsel at all stages during the alternative dispute resolution process. Article I. Purpose The purposes of this Agreement are: 1. To provide active employees claiming compensable injuries under Division 4 of the California Labor Code (“Workers’ Compensation Law”) with an expedited procedure to resolve medical disputes in accordance with Article IV, Section D of this Agreement to facilitate their prompt return to work at either full duties or a transitional duty assignment; 2. To provide retirees claiming a presumptive injury as defined by California Labor Code (hereinafter “Labor Code”) section 3212 et seq. with an expedited procedure to resolve medical disputes in accordance with Article IV, Section D of the Agreement; 3. To reduce the number and severity of disputes between the City and covered employees, when those disputes relate to workers’ compensation; and 4. To provide workers’ compensation coverage in a way that improves labor management relations, improves organizational effectiveness, and reduces costs to the City. These purposes will be achieved by utilizing an exclusive list of medical providers to be the sole and exclusive source of medical evaluations for disputed issues surrounding covered employees in accordance with California Labor Code Section 3201.7©. Now, therefore, in consideration of the mutual terms, covenants and conditions herein, the parties agree as follows: Article II. Term of Agreement The City and HBPOA enter into this Agreement with the understanding that the law authorizing this Agreement is new, untested and evolving. The parties further understand that this Agreement governs a pilot program and that it will become effective after it is 226 POLICE OFFICERS’ ASSOCIATION EXHIBIT G – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT HBPOA MOU October 1, 20175 through December 31September 30, 20197 50 executed by the parties, submitted to the Administrative Director of the State of California, Department of Industrial Relations, Division of Workers’ Compensation in accordance with Title 8, California Code of Regulations, Section 10202(d), and accepted by the Administrative Director as evidenced by the Director’s letter to the parties indicating approval of the Agreement. This Agreement shall be in effect for eighteen (18) months from the date of the implementation of the program. Thereafter, it shall be reviewed and, if found to be effective will continue and remain in force from year to year unless terminated by either party. Any claim arising from an industrial injury sustained before the termination of this Agreement shall continue to be covered by the terms of this Agreement, until all medical issues related to the pending claim are resolved. Any medical issue resolved under this Agreement shall be final and binding. The parties reserve the right to terminate this Agreement at any time for good cause, by mutual agreement or by act of the legislature. The terminating party must give thirty (30) days written notice to the other party. The parties agree to meet and confer in good faith to try and resolve the issues underlying the termination during the thirty day period prior to the termination of the Agreement. Upon termination of this Agreement, the parties shall become fully subject to the provisions of the California law to the same extent as they were prior to the implementation of this Agreement, except as otherwise specified herein. Article III. Scope of Agreement A. This Agreement applies only to injuries, as defined by Wo rkers’ Compensation Law, claims by 1) active employees; 2) retirees who claim a presumptive injury as defined by California Labor Code Section 3212 et seq.; and 3) active employees who file a claim and subsequently retire before the claim is resolved. Ret irees who filed claims while they were active employees are covered under this Agreement only for the purposes of petitions to reopen a pre-existing claim unless covered under A(2). This Agreement does not apply to any other retired employees. This Agreement does not cover post-retirement amendments to active claims. B. Employees who are covered under this Agreement remain covered during the entire period of active employment. C. Injuries occurring and claims filed after termination of this Agreement are not covered by this Agreement. D. This Agreement is restricted to establishing an exclusive list of medical providers to be used for medical dispute resolution for the above -covered employees in accordance with California Labor Code Section 3201.7(c). Article IV. Medical Provider A. This Agreement does not constitute a Medical Provider Network (“MPN”). Physicians who act as a covered employee’s independent medical examiner (“IME”) under this Agreement shall not act as the same employee’s treating physician even if the physician has been pre-designated as the employee’s 227 POLICE OFFICERS’ ASSOCIATION EXHIBIT G – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT HBPOA MOU October 1, 20175 through December 31September 30, 20197 51 treating physician, unless otherwise mutually agreed by the parties. Pre - designation of a physician must comply with the requirements set forth in Labor Code section 4600(d)(1). B. All employees with a disputed medical issue as described below in Section D must be evaluated by an approved physician from the exclusive list of approved medical providers. Said physician will serve as an IME. If the IME needs the opinion of a different specialist, the IME shall refer the employee to a physician of the IME’s choice even if that doctor is not on the approved list. The exclusive list of approved medical providers will be established when the Agreement has been approved by all parties. C. The exclusive lists of approved medical providers shall include the specialties as agreed upon by the parties. D. An IME shall be used for all medical disputes that arise in connection with a workers’ compensation claim including but not limited to determination of causation, the nature and extent of an injury, the nature and extent of permanent disability and apportionment, work restrictions, ability to return to work, including transitional duty, future medical care, and resolution of all disputes arising from utilization review, including need for spinal surgery pursuant to Labor Code section 4062(b). The parties will use the originally chosen IME for all subsequent disputes under this Agreement. In the event that said IME is no longer available, then the parties shall utilize the next specialist on the list pursuant to Article IV G d (below). The IME process will begin when either party gives the other written notice of an objection. Objections from the City will be sent to the employee with a copy to the employee’s legal representative if represented and a copy to HBPOA. Objections from the employee or employee’s legal representative will be sent to the employee’s assigned Claims Examiner with a copy to the Claims Manager. Objections will be sent within thirty days of receipt of a medical report or a utilization review decision. A letter delaying decision of the claim automatically creates a dispute. A subsequent acceptance of the claim and/or resolution of the dispute issue eliminates the need for completion of the dispute resolution process set forth in this Agreement. E. The exclusive list of approved medical providers shall serve as the exclusive source of medical-legal evaluations as well as all other disputed medical issues arising from a claimed injury. F. The parties hereby agree that from time to time the exclusive list of approved medical providers may be amended. For either party to add an IME to the exclusive list of medical providers, the party must provide notice, in writing, to the other party of its intent to add a physician to the list. Absent a written objection to the other party within thirty (30) calendar days of receipt of the written proposal, the addition will be made. In the event there is an objection, the physician will not be added to the list. A physician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. G. Appointments. 228 POLICE OFFICERS’ ASSOCIATION EXHIBIT G – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT HBPOA MOU October 1, 20175 through December 31September 30, 20197 52 a. The Claims section of the Workers’ Compensation Division shall make appointment(s) with the IME within ten days of the date of the objection and/or notification of delay for employees covered under this Agreement. b. The employee shall be responsible for providing the Claims staff with his/her work schedule prior to an appointment being made so that appointments can be made during an employee’s nonworking hours or the first or last hour of his/her workday. The amount of time allotted for hours spent at a physician’s appointment during working hours will be subject to verification and will be allowed accordingly. c. Mileage reimbursement to covered employees shall be consistent with City policy and in accordance with Labor Code Section 4600 (e)(2) unless transportation is provided by the City. d. For purposes of appointments, the Claims staff will select the IME’s by starting with the first name from the exclusive list of approved medical providers within the pertinent specialty, and continuing down the list, in order, until the list is exhausted, at which time the Claims staff will resume using the first name on the list. e. The City is not liable for the cost of any medical examination used to resolve the parties’ disputes governed by this Agreement where said examination is furnished by a medical provider that is not authorized by this Agreement. Medical evaluations cannot be obtained outside of this Agreement for disputes covered by this Agreement. f. Both parties shall be bound by the opinions and recommendation of the IME selected in accordance with the terms of this Agreement. Article V. Discovery A. Employees covered by this Agreement shall provide the Claims staff with fully executed medical, employment and financial releases and any other documents reasonably necessary for the City to resolve the employee’s claim, when requested. B. The parties agree they have met and conferred on the language of the medical/financial/employment releases to be used under this Agreement. If said releases cause undue delay and/or unforeseen adverse imp act(s) to the City and/or the HBPOA and/or its members, then either party may request a meet and confer regarding said under delay and/or adverse impact(s). The parties shall meet and confer within 30 days of a party’s request to meet and confer. C. Employees shall cooperate in providing a statement. D. This Agreement does not preclude a formal deposition of the applicant or the physician when necessary. Attorney’s fees for employee depositions shall be covered by Labor Code section 5710. There will be no attorney’s fees for doctor’s depositions. Ar ticle VI. General Provisions 229 POLICE OFFICERS’ ASSOCIATION EXHIBIT G – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT HBPOA MOU October 1, 20175 through December 31September 30, 20197 53 A. The Agreement constitutes the entire understanding of the parties and supersedes all other Agreements, oral or written, with respect to the subject matter in this Agreement. B. This Agreement shall be governed and construed pursuant to the laws of the State of California. C. This Agreement, including all attachments and exhibits, shall not be amended, nor any provisions waived, except in writing, signed by the parties which expressly refers to this Agreement. D. If any portion of this Agreement is found to be unenforceable or illegal the remaining portions shall remain in full force and effect. E. Notice required under this Agreement shall be provided to the parties as follows: F. In the event that there is any legal proceeding between the pa rties to enforce or interpret this Agreement or to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorney’s fees. 230 City of Huntington BeachTentative AgreementJanuary 24, 2019FISCAL IMPACT REPORTMOU Item # Description Rate / $Estimated Impact One Time Note:1 Term: October 1, 2017 to December 31, 20192 Medical Insurance Premiums Increase  Up to $287/mo 460,493$        45,920$        Max. $287/ month effective February 1, 2019.Subtotal Medical Proposal  460,493$        45,920$       3 Medical/Vision Opt‐Out: the rate at which MOU overtime is paid does not include any contributions of the City's benefit plans‐$                 ‐$              Under Review4 Vacation and Compensatory Time Conversion ‐$                 ‐$              To be addressed at a later date5 One Time Payment for the Purchase of Law Enforcement Related Equipment Up to $1,200 315,600$     Must be used for the purchase of law enforcement related equipmentTOTAL FISCAL IMPACT  460,493$       361,520$    6 Retiree Medical Trust per FTE included in FY 18/19 Budget 100.00$     298,800$        ‐$              Sunsets December 31, 2019TOTAL BUDGET IMPACT 759,293$       361,520$    These estimates are subject to change and represent Management's best estimate and analysis of the fiscal impact and costs of the above proposal, given the information that is available at this time.These estimates are subject to change.For Discussion Purposes Only.231