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2021-11-16 Agenda Packet
AGENDA City Council/Public Financing Authority Tuesday, November 16, 2021 Closed Session – 4:00 PM Regular Meeting – 6:00 PM MAYOR AND CITY COUNCIL KIM CARR, Mayor BARBARA DELGLEIZE, Mayor Pro Tem RHONDA BOLTON, Councilmember DAN KALMICK, Councilmember NATALIE MOSER, Councilmember ERIK PETERSON, Councilmember MIKE POSEY, Councilmember Council Chambers 2000 Main Street Huntington Beach, CA 92648 --or-- Virtual via Zoom Webinar STAFF OLIVER CHI, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer IN-PERSON PUBLIC PARTICIPATION/ZOOM ACCESS: Members wishing to attend the meeting in person are encouraged to wear a face covering. Assembly Bill 361 (AB 361) authorizes public meetings to take place via teleconference (i.e., virtual using Zoom), or in person if in part, State and Local officials continue to recommend measures to promote social distancing. In addition to this hybrid format, alternate ways to view City Council meetings live or on-demand remain: livestreamed on HBTV Channel 3 (replayed on Wednesday’s at 10:00 a.m. and Thursday’s at 6:00 p.m.); live and archived meetings for on-demand viewing accessed from https://huntingtonbeach.legistar.com/calendar; or, from any Roku, Fire TV or Apple device by downloading the Cablecast Screenweave App and searching for the City of Huntington Beach channel. PUBLIC COMMENTS: Individuals wishing to provide a comment on agendized or non-agendized items, including Study Session, Closed Session, and Public Hearing, may do so in person by completing a Request to Speak form delivered to the City Clerk, or from a virtual location by entering Zoom Webinar ID 971 5413 0528 via computer device, or by phone at (669) 900-6833. The Zoom Webinar can be accessed here: https://huntingtonbeach.zoom.us/j/97154130528. Instructions for those utilizing computer devices to request to speak are provided in each section of the agenda where public comments are accepted. Members of the public unable to personally participate in the meeting but interested in communicating with the City Council on agenda-related items are encouraged to submit a written (supplemental) communication via email at SupplementalComm@Surfcity-hb.org, or City.Council@surfcity-hb.org. Supplemental Communications are public record, and if received by 2:00 PM on the day of the meeting, will be distributed to the City Council prior to consideration of agenda-related items, posted to the City website, and announced, but not read, at the meeting. Communications received following the 2:00 PM deadline will be incorporated into the administrative record. MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please contact the City Clerk's Office at (714) 536-5227 for more information.1 AGENDA November 16, 2021City Council/Public Financing Authority 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Peterson, Bolton, Delgleize, Carr, Posey, Moser, Kalmick ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) - At approximately 4:00 PM, individuals wishing to provide a comment on item(s) scheduled for Closed Session may do so either in person by filling out a Request to Speak form, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833 (see agenda cover sheet for request to speak instructions). Zoom Webinar participants wishing to speak should “raise their hands,” and will be prompted to speak when the Clerk announces their name or the last three digits of their phone number. All speakers are encouraged, but not required to identify themselves by name. Speakers providing comments in person will be called to speak first, and each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. RECESS TO CLOSED SESSION CLOSED SESSION ANNOUNCEMENT(S) 21-8741.Mayor Carr to Announce: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiators: Oliver Chi, City Manager and Travis Hopkins, Assistant City Manager, who will be participating in today's Closed Session discussions regarding labor negotiations with: Huntington Beach Firefighters' Association (HBFA), Fire Management Association (FMA), Police Management Association (PMA), Marine Safety Management Association (MSMA), Management Employees' Organization (MEO) and Huntington Beach Municipal Teamster (HBMT) CLOSED SESSION 21-8542.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Kennedy Commission, et al. v. City of Huntington Beach Page 1 of 10 2 AGENDA November 16, 2021City Council/Public Financing Authority (Beach-Edinger Corridor); OCSC Case No 30-2015-00801675. 21-8643.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Tater (Michael George), Staniskis (Kyla Skye) v. City of Huntington Beach, et al.; USDC Case No. 8:20-cv-01772-JVS (JDEx) 21-8654.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: In re: National Prescription Opiate Litigation; USDC Case No.: 1:17md2804. 21-8875.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Gov. Code section 54956.9(d)(1).) Name of case: City of Huntington Beach v. Surf City Beach Cottages, et al.; OCSC Case No. 30-2016-00874885. 21-8726.PUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(b)(1).) Title: Interim City Manager. 21-8737.PUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(b)(1).) Title: City Manager. 21-8888.PUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(b)(1).) Title: Police Chief. 21-8679.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Oliver Chi, City Manager and Travis Hopkins, Assistant City Manager. Employee Organizations: Huntington Beach Firefighters’ Association (HBFA), Fire Management Association (FMA), Police Management Association (PMA), Marine Safety Management Association (MSMA), Management Employees' Organization (MEO) and Huntington Beach Municipal Teamsters (HBMT). 21-89710.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Page 2 of 10 3 AGENDA November 16, 2021City Council/Public Financing Authority Subdivision (d) of Section 54956.9: Number of cases, two (2). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Peterson, Bolton, Delgleize, Carr, Posey, Moser, Kalmick PLEDGE OF ALLEGIANCE INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 21-79011.Rev. Nathan Biornstad of St. Wilfrid’s Episcopal Church in Huntington Beach and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 21-85812.Mayor Carr to proclaim November 27 as “Small Business Saturday” and present proclamation to Huntington Beach Chamber of Commerce Chair-Elect and Interim CEO John Villa 21-80713.Mayor Carr to present commendations for the “HB Making a Difference Award” to local non-profits who went above and beyond with the oil spill cleanup efforts including: Bolsa Chica Conservancy, the Wetlands and Wildlife Care Center and the Bolsa Chica Land Trust 21-85714.Mayor Carr to present the Mayor’s HB Excellence Award for the month of October to Renee Van Arsdale, Administrative Secretary, Public Works Department 21-89315.Mayor Carr to present the Mayor’s HB Excellence Award for the month of November to Mark Birchfield, Wastewater Supervisor, Page 3 of 10 4 AGENDA November 16, 2021City Council/Public Financing Authority Public Works Department ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3 Minute Time Limit) - At approximately 6:00 PM, individuals wishing to provide a comment on agendized or non-agendized items may do so either in person by filling out a Request to Speak form, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833). Zoom Webinar participants wishing to speak will be provided a 15-minute window to “raise their hands,” and prompted to speak when the Clerk announces their name or the last three digits of their phone number. All speakers are encouraged, but not required to identify themselves by name. Speakers providing comments in person will be called to speak first, and each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. While the City Council welcomes public involvement and free speech, it rejects comments from anyone that are discriminatory, defamatory or otherwise not protected speech. Those comments will not inform nor be considered by the City Council and may be cause for the Mayor to interrupt the public speaker. Such public comments will not be consented to or otherwise adopted by the City Council in its discussions and findings for any matter tonight. COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT CONSENT CALENDAR 21-83516.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated November 2, 2021, and the City Council special meeting minutes dated November 6, 2021, as written and on file in the office of the City Clerk . Recommended Action: 21-82417.Adopt Resolution No. 2021-60 approving the M2 Expenditure Report for the City of Huntington Beach to comply with renewed Measure M2 funding eligibility as administered by the Orange County Transportation Authority (OCTA) Adopt Resolution No. 2021-60, "A Resolution of the City Council of the City of Huntington Beach Concerning the Measure M2 Expenditure Report for the City of Huntington Beach." Recommended Action: Page 4 of 10 5 AGENDA November 16, 2021City Council/Public Financing Authority 21-83218.Adopt Resolution No. 2021-63 authorizing an application for grant funds from the California Division of Boating and Waterways to purchase a marine vessel sewer pump-out/dump station; and, authorize appropriation of funds A) Adopt Resolution No. 2021-63, “A Resolution of the City Council of the City of Huntington Beach to Authorize an Application for Funds to Purchase a Marine Vessel Sewer Pump-out/Dump Station;” and, B) Appropriate $25,000 in grant funding, once officially awarded, into a grant account established by the Finance Department. Recommended Action: 21-82319.Adopt Resolution No. 2021-64 certifying the City of Huntington Beach has authorized the Project List Submittal for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) Funding through the Orange County Transportation Authority (OCTA) 2021 Pavement Relief Funding Program; and authorize appropriation of funds A) Adopt Resolution No. 2021-64, "A Resolution of the City Council of the City of Huntington Beach Which Certifies the City of Huntington Beach has Authorized the Project List Submittal for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) Funding through the Orange County Transportation Authority 2021 Pavement Management Relief Funding Program;" and, B) Appropriate $578,011 in grant funding, once officially awarded, into a grant account established by the Finance Department. Recommended Action: 21-81720.Approve and authorize execution of the First Amendment to Site License Agreement with Cingular Wireless for the Wireless Communications Facility at Fire Station - Edwards Approve and authorize the Mayor and City Clerk to execute the “First Amendment to Site License Agreement Between City of Huntington Beach and Cingular Wireless for a Wireless Communications Facility at Fire Station 6 - Edwards” based on the terms and conditions as presented herein. Recommended Action: 21-85522.Appropriate grant and matching funds for the Local Roadway Safety Plan (LRSP) Page 5 of 10 6 AGENDA November 16, 2021City Council/Public Financing Authority A) Appropriate $139,650 to LRSP grant fund account 127285201.69365; and, B) Appropriate $50,350 to Prop 42 fund account 21985201.69365. Recommended Action: 21-86823.Approve and authorize the execution of a Professional Services Agreement with Revize to Redesign and Maintain the City’s Website; and authorize appropriation of funds A) Approve a three-year Professional Services Agreement with Revize for website redesign and annual maintenance; and , B) Authorize the appropriation of $75,000 from the General Fund into the Public Information Office account . Recommended Action: PUBLIC HEARING Individuals wishing to provide a comment on items scheduled for public hearing may do so either in person by filling out a Request to Speak form, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833). Zoom Webinar participants wishing to speak are encouraged to “raise their hands,” and will be prompted to speak when the Clerk announces their name or the last three digits of their phone number. All speakers are encouraged, but not required to identify themselves by name. Speakers providing comments in person will be called to speak first, and each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. 21-83124.Public Hearing to consider acceptance of the Five-Year Economic Development Subsidy Report for McKenna Motors Huntington Beach, Inc. Sales Tax Sharing Agreement A) Open the public hearing and receive written and oral testimony; and, B) Receive and file the “Five-Year Economic Development Subsidy Report Pursuant to California Government Code Section 53083 for a Sales Tax Sharing Agreement by and Between the City of Huntington Beach and McKenna Motors Huntington Beach, Inc.,” in compliance with Government Code Section 53083. Recommended Action: ADMINISTRATIVE ITEMS 21-85221.Authorize the City Manager to execute a Sole Source purchase order for the purchase of two (2) Tesla Model Y Electric Vehicles for Page 6 of 10 7 AGENDA November 16, 2021City Council/Public Financing Authority addition to the Police Department fleet Approve the sole source purchase of two (2) Tesla Model Y Electric Vehicles. Recommended Action: 21-86325.Adopt Resolution Nos. 2021-65 and 2021-66 and approve for introduction Ordinance Nos. 4239, 4240, 4241, 4242, 4243, 4244 to update the Huntington Beach Municipal Code to reform, consolidate, and dissolve a select number of the City’s Boards, Commissions, and Committees A) Approve the official dissolution of the Strategic Planning Ad-hoc Committee and BCC Review Ad-hoc Committee; and/or, B) Approve the consolation of the Economic Development Committee and Downtown Economic Development Committee; and/or, C) Approve the conversion of Smart Cities Ad-hob Committee into a standing, three-Council member, Smart Cities & Technology Committee; and/or, D) Adopt Resolution No. 2021-65, “A Resolution of the City Council of the City of Huntington Beach repealing Resolution No. 2000-78 to formally dissolve the Children’s Needs Task Force;” and/or, E) Adopt Resolution No. 2021-66, “A Resolution of the City Council of the City of Huntington Beach amending and reconstituting the Human Relations Task Force to the Huntington Beach Human Relations Committee (HBHRC);” and/or, F) Approve for Introduction Ordinance No. 4242, “An Ordinance of the City Council of the City of Huntington Beach amending the Huntington Beach Municipal Code by repealing Chapter 2.103 and 2.111 and creating a new chapter 2.111 titled “Citizen Infrastructure Advisory Board/Public Works Commission;” and approve the official dissolution of the Beautiful, Landscape, and Tree (BLT) Committee; and/or, G) Approve for Introduction Ordinance No. 4241, “An Ordinance of the City Council of the City of Huntington Beach repealing the Huntington Beach Municipal Code Chapters 2.64 and 2.84 and adding a new chapter 2.64 titled Community Services Commission;” and/or, H) Approve for Introduction Ordinance No. 4243, An Ordinance of the City Council of the City of Huntington Beach repealing the Huntington Beach Municipal Code Chapter Chapters 2.86 and 2.30 and add a new chapter 2.30 titled Community and Library Services Department;” and/or, Recommended Action: Page 7 of 10 8 AGENDA November 16, 2021City Council/Public Financing Authority I) Approve for Introduction Ordinance No. 4240, “An Ordinance of the City Council of the City of Huntington Beach amending the Huntington Beach Municipal Code Chapter 2.102 entitled Environmental & Sustainability Board;” and/or, J) Approve for Introduction Ordinance No. 4239, “An Ordinance of the City Council of the City of Huntington Beach amending the Huntington Beach Municipal Code Chapter 2.109 entitled Finance Commission;” and/or, K) Approve for Introduction Ordinance No. 4244, “An Ordinance of the City Council of the City of Huntington Beach amending the Huntington Beach Municipal Code Chapter 2.100.” 21-87526.Consider 1) Directing Staff to Solicit Proposals to Prepare Construction Documents for a Redesign of Main Street and 2) an Extension of the Temporary Closure of the Second block of Main Street to Vehicular Traffic A) Direct staff to solicit proposals to prepare construction documents for Main Street reconfiguration. And B) Direct Staff to extend the temporary closure of the second block of Main Street to vehicular traffic during the reconfiguration evaluation. Recommended Action: 21-87727.Consider Approval of the Community Services Commission Approved Edison Park Reconfiguration Conceptual Plan Approve the final Edison Park reconfiguration conceptual plan, and authorize staff to move forward with initiating development of the design and bid package for construction of the updated facility. Recommended Action: 21-88028.Introduction of the Proposed Memorandum of Understanding Between the Huntington Beach Firefighters’ Association (HBFA) and the City of Huntington Beach for July 1, 2021, through December 31, 2023 Approve the introduction of the proposed Memorandum of Understanding between the Huntington Beach Firefighters’ Association and the City of Huntington Beach for the period of July 1, 2021, through December 31, 2023 . Recommended Action: 21-88929.Introduction of the Proposed Memorandum of Understanding Page 8 of 10 9 AGENDA November 16, 2021City Council/Public Financing Authority Between the Huntington Beach Fire Management Association (FMA) and the City of Huntington Beach for July 1, 2021, through December 31, 2023 Approve the introduction of the proposed Memorandum of Understanding between the Huntington Beach Fire Management Association and the City of Huntington Beach for the period of July 1, 2021 , through December 31, 2023 . Recommended Action: COUNCILMEMBER ITEMS 21-89830.Submitted by Mayor Carr and Councilmember Kalmick - Proposal to create a new position of Chief of Staff to better support City Council activities It is recommended that the City Council vote to direct the City Manager to develop a job class specification establishing a “Chief of Staff” position modeled after the same role in Costa Mesa for City Council approval. Recommended Action: 21-90031.Submitted by Mayor Pro Tem Delgleize - Adopt an Ordinance to prohibit the unlawful possession of Catalytic Converters Direct the City Manager, Police Chief, and City Attorney to draft an ordinance to prohibit the unlawful possession of catalytic converters and present it to the City Council for further consideration. Recommended Action: 21-89932.Submitted by Councilmembers Kalmick and Moser - Consider implementing a study to identify Street Segments eligible for Speed Limit Reductions under AB 43 (Friedman) It is recommended that the City Council direct the City Manager coordinate a citywide assessment to identify a list of qualifying streets that are recommended for speed limit reductions, with priority given to streets that have a history of fatal and severe injury collisions. Recommended Action: COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, December 7, 2021, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Page 9 of 10 10 AGENDA November 16, 2021City Council/Public Financing Authority 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 10 of 10 11 City of Huntington Beach File #:21-874 MEETING DATE:11/16/2021 Mayor Carr to Announce: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiators: Oliver Chi, City Manager and Travis Hopkins, Assistant City Manager, who will be participating in today's Closed Session discussions regarding labor negotiations with: Huntington Beach Firefighters' Association (HBFA), Fire Management Association (FMA), Police Management Association (PMA), Marine Safety Management Association (MSMA), Management Employees' Organization (MEO) and Huntington Beach Municipal Teamster (HBMT) City of Huntington Beach Printed on 11/10/2021Page 1 of 1 powered by Legistar™12 City of Huntington Beach File #:21-854 MEETING DATE:11/16/2021 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Kennedy Commission, et al. v. City of Huntington Beach (Beach-Edinger Corridor); OCSC Case No 30-2015-00801675. City of Huntington Beach Printed on 11/10/2021Page 1 of 1 powered by Legistar™13 City of Huntington Beach File #:21-864 MEETING DATE:11/16/2021 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Tater (Michael George), Staniskis (Kyla Skye) v. City of Huntington Beach, et al.; USDC Case No. 8:20-cv-01772-JVS (JDEx) City of Huntington Beach Printed on 11/10/2021Page 1 of 1 powered by Legistar™14 City of Huntington Beach File #:21-865 MEETING DATE:11/16/2021 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: In re: National Prescription Opiate Litigation; USDC Case No.: 1:17md2804. City of Huntington Beach Printed on 11/10/2021Page 1 of 1 powered by Legistar™15 City of Huntington Beach File #:21-887 MEETING DATE:11/16/2021 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Gov. Code section 54956.9(d) (1).) Name of case: City of Huntington Beach v. Surf City Beach Cottages, et al.; OCSC Case No. 30-2016-00874885. City of Huntington Beach Printed on 11/10/2021Page 1 of 1 powered by Legistar™16 City of Huntington Beach File #:21-872 MEETING DATE:11/16/2021 PUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(b)(1).) Title: Interim City Manager. City of Huntington Beach Printed on 11/10/2021Page 1 of 1 powered by Legistar™17 City of Huntington Beach File #:21-873 MEETING DATE:11/16/2021 PUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(b)(1).) Title: City Manager. City of Huntington Beach Printed on 11/10/2021Page 1 of 1 powered by Legistar™18 City of Huntington Beach File #:21-888 MEETING DATE:11/16/2021 PUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(b)(1).) Title: Police Chief. City of Huntington Beach Printed on 11/10/2021Page 1 of 1 powered by Legistar™19 City of Huntington Beach File #:21-867 MEETING DATE:11/16/2021 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Oliver Chi, City Manager and Travis Hopkins, Assistant City Manager. Employee Organizations: Huntington Beach Firefighters’ Association (HBFA), Fire Management Association (FMA), Police Management Association (PMA), Marine Safety Management Association (MSMA), Management Employees' Organization (MEO) and Huntington Beach Municipal Teamsters (HBMT). City of Huntington Beach Printed on 11/10/2021Page 1 of 1 powered by Legistar™20 City of Huntington Beach File #:21-897 MEETING DATE:11/16/2021 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of cases, two (2). City of Huntington Beach Printed on 11/10/2021Page 1 of 1 powered by Legistar™21 City of Huntington Beach File #:21-790 MEETING DATE:11/16/2021 Rev. Nathan Biornstad of St. Wilfrid’s Episcopal Church in Huntington Beach and member of the Greater Huntington Beach Interfaith Council City of Huntington Beach Printed on 11/10/2021Page 1 of 1 powered by Legistar™22 City of Huntington Beach File #:21-858 MEETING DATE:11/16/2021 Mayor Carr to proclaim November 27 as “Small Business Saturday” and present proclamation to Huntington Beach Chamber of Commerce Chair-Elect and Interim CEO John Villa City of Huntington Beach Printed on 11/10/2021Page 1 of 1 powered by Legistar™23 City of Huntington Beach File #:21-807 MEETING DATE:11/16/2021 Mayor Carr to present commendations for the “HB Making a Difference Award” to local non- profits who went above and beyond with the oil spill cleanup efforts including: Bolsa Chica Conservancy, the Wetlands and Wildlife Care Center and the Bolsa Chica Land Trust City of Huntington Beach Printed on 11/10/2021Page 1 of 1 powered by Legistar™24 City of Huntington Beach File #:21-857 MEETING DATE:11/16/2021 Mayor Carr to present the Mayor’s HB Excellence Award for the month of October to Renee Van Arsdale, Administrative Secretary, Public Works Department City of Huntington Beach Printed on 11/10/2021Page 1 of 1 powered by Legistar™25 City of Huntington Beach File #:21-893 MEETING DATE:11/16/2021 Mayor Carr to present the Mayor’s HB Excellence Award for the month of November to Mark Birchfield, Wastewater Supervisor, Public Works Department City of Huntington Beach Printed on 11/10/2021Page 1 of 1 powered by Legistar™26 City of Huntington Beach File #:21-835 MEETING DATE:11/16/2021 REQUEST FOR COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes of November 2, 2021 and City Council special meeting minutes of November 6, 2021, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated November 2, 2021, and the City Council special meeting minutes dated November 6, 2021, as written and on file in the office of the City Clerk. Alternative Action(s): Do not approve and/or request revision(s). Analysis: None. Environmental Status: Non-Applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. November 2, 2021 CC/PFA regular meeting minutes 2. November 6, 2021 CC special meeting minutes City of Huntington Beach Printed on 11/10/2021Page 1 of 1 powered by Legistar™27 Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, November 2, 2021 4:00 PM – Closed Session 6:00 PM – Regular Meeting Council Chambers, 2000 Main Street Huntington Beach, California 92648 or via Zoom Webinar A video recording of the 4:00 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 4:00 PM - COUNCIL CHAMBERS CALLED TO ORDER — 4:00 PM ROLL CALL Present: Peterson, Bolton, Delgleize, Carr, Posey, Moser, and Kalmick Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION ITEMS (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) — None A motion was made by Posey, second Delgleize to recess to Closed Session for Items 3 – 10, and one New Item (21-8830). With no objections, the motion carried. RECESSED TO CLOSED SESSION — 4:01 PM CLOSED SESSION ANNOUNCEMENT(S) 1. 21-815 Mayor Carr Announced: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiators: Oliver Chi, City Manager and Travis Hopkins, Assistant City Manager, who will be participating in today’s Closed Session discussions regarding labor negotiations with: Huntington Beach Firefighters’ Association (HBFA), Fire Management Association (FMA), Police Management Association (PMA), Marine Safety Management Association (MSMA), Management Employees’ Organization (MEO) and Huntington Beach Municipal Teamster (HBMT) 2. 21-825 Mayor Pro Tem Delgleize Announced: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to designate Mayor Carr, as labor negotiator regarding Unrepresented Employee, Oliver Chi, City Manager 28 Council/PFA Regular Minutes November 2, 2021 Page 2 of 17 CLOSED SESSION 3. 21-811 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Californians for Homeownership, Inc. v. City of Huntington Beach; OCSC Case No. 30-2019- 01107760. 4. 21-812 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: California Renters Legal Advocacy and Education Fund/THDT Investment, Inc. v. City of Huntington Beach; OCSC Case No.: 30-2020-01140855. 5. 21-813 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: City of Huntington Beach v. State of California (SB35, et al.); OCSC Case No. 30-2019-01044945. 6. 21-814 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Oliver Chi, City Manager and Travis Hopkins, Assistant City Manager. Employee Organizations: Huntington Beach Firefighters’ Association (HBFA), Fire Management Association (FMA), Police Management Association (PMA), Marine Safety Management Association (MSMA), Management Employees’ Organization (MEO) and Huntington Beach Municipal Teamsters (HBMT). 7. 21-818 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Sheibe (Donna Mae) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2020-01143653. 8. 21-819 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Jauregui (Roberto) v. City of Huntington Beach; OCSC Case No. 30-2020-01130558. 9. 21-820 PUBLIC EMPLOYMENT OF CITY MANAGER/EMPLOYEE PERFORMANCE EVALUATION. (Paragraph (1) of subdivision (b) of Section 54957.) Name/Title: Oliver Chi, City Manager. 10. 21-821 CONFERENCE WITH LABOR NEGOTIATORS (Unrepresented Employee) Government Code section 54957.6. Name/Title: Oliver Chi, City Manager, City Designated Representative: Carr, Mayor New 21-830 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of cases, one (1). 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM ROLL CALL 29 Council/PFA Regular Minutes November 2, 2021 Page 3 of 17 Present: Peterson, Bolton, Delgleize, Carr, Posey, Moser, and Kalmick Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember Peterson 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. 11. 21-789 Mr. Charles Niederman of Temple Beth David, Westminster and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY — City Attorney Michael Gates reported that by a Closed Session vote of 7–0, the City Council authorized the City Attorney to file an Appeal to the State Court's Order in Californians for Homeownership, Inc. v. City of Huntington Beach, OCSC Case No. 30-2019-01107760; and California Renters Legal Advocacy and Education Fund/THDT Investment, Inc. v. City of Huntington Beach, OCSC Case No. 30-2020-01140855. Also, by a Closed Session vote of 6-0-1 (Bolton – Abstain), the City Council authorized the City Attorney to file an Appeal to the State Court’s Order awarding Attorney's fees to the intervener, Kennedy Commission, in City of Huntington Beach v. State of California, OCSC Case No. 30- 2019-01044945. CITY MANAGER’S REPORT New 21-829 Withdrawn from Consideration Huntington Beach Corner Market Code Enforcement Update City Manager Oliver Chi announced that based on current discussions with Huntington Beach Corner Market owner and proprietor regarding Code Enforcement issues, it appears there is amicable resolution in process. Therefore, the item is being withdraw in anticipation of a report of a few weeks. City Manager Chi stated that the business owner agreed to working amicably to resolve the issues, rather than having a public debate tonight. AWARDS AND PRESENTATIONS 12. 21-605 Mayor Carr presented certificates to the City of Huntington Beach Citizens Academy participants who completed the City’s 4th Annual Academy Mayor Carr and Mayor Pro Tem Delgleize introduced the participants who completed the City's 4th Annual Citizen's Academy and handed them their Certificate of Completion. Mayor Pro Tem Delgleize described her support for developing this program and encouraged residents to participate. 30 Council/PFA Regular Minutes November 2, 2021 Page 4 of 17 Mr. Nick Chambers, Citizen's Academy graduate, thanked City staff for their efforts to offer an excellent program, and renewing his love for Huntington Beach and its culture. 13. 21-808 Mayor Carr proclaimed November as National American Indian Heritage Month Mayor Carr stated that in the early 1900’s the Boy Scouts were instrumental in acknowledging the heritage of American Indians, and in 1994 November was designated as the month of recognition. Mayor Carr announced that the Human Relations Committee has compiled short educational videos for Channel 3 TV and the City's You Tube channel in recognition of National American Indian Heritage Month. 14. 21-809 Mayor Carr proclaimed November 7 to 13 as National Nurse Practitioner Week and presented a proclamation to representatives from Huntington Beach Hospital Mayor Carr introduced Mr. Rick Rowe, CEO of Huntington Beach Hospital, and Nurse Practitioners Huroku Moragutchi and Winnie Tran, to acknowledge National Nurse Practitioner Week. Mayor Carr explained that Nurse Practitioners expand the network of qualified professionals who can provide medical care. Mr. Rowe acknowledged Ms. Moragutchi and Ms. Tran for representing the tremendous effort that they and their co-workers at Huntington Hospital provide in supporting the physicians. 15. 21-828 Mayor Carr accepted a donation, on behalf of the City, from Warriors with Hope to install a second Mobi Mat that improves beach access for individuals with disabilities Mayor Carr introduced Jami & Bo Marseilles, who presented a check for $10,000. Ms. Marseilles stated that this donation, to install a second Mobi Mat in Huntington Beach, is in memory of her father- in-law, Chris Marseilles, who surfed locally for the last 50 years until his recent passing. Ms. Marseilles described some of the ways that Warriors with Hope support people with cancer and dealing with prosthetics through their annual golf tournament fundraisers at Huntington Club (formerly Seacliff Club). ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet: City Manager's Report New (21-829) Four (4) email communications received regarding Huntington Beach Corner Market. Consent Calendar #17 (21-759) Memo submitted by the City Clerk identifying a revision to the City Council minutes dated October 19, 2021. #27 (21-805) Email communication regarding adoption of Ordinance No. 4237 relating to speed limits on Atlanta Avenue between Huntington Street and Beach Boulevard. 31 Council/PFA Regular Minutes November 2, 2021 Page 5 of 17 Administrative Items #29 (21-803) PowerPoint presentation entitled Financial Update and FY 2020/21 Year End Budget Adjustments submitted by Dahle Bulosan, Chief Financial Officer. Councilmember Items #30 (21-826) Thirty-five (35) email communications regarding developing a plan and cost analysis to move the City of Huntington Beach Municipal power consumption to 100% renewable energy. #31 (21-827) Email communication regarding divesting corporate bond holdings of fossil fuel corporations received from Alisa Backstrom, City Treasurer. Five (5) email communications regarding divesting corporate bond holdings of fossil fuel corporations. PUBLIC COMMENTS (3 Minute Time Limit) — 18 In-Person and 3 Call-In Public Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Leslie Gilson, 14-year Coordinator for Gibbs Butterfly Park, was called to speak, thanked City staff for their assistance in creating this wonderful park and expressed appreciation for the opportunity to serve. Ms. Gilson announced her resignation and stated that Betty Coeper is stepping into the Coordinator position. Ms. Gilson also announced that the Huntington Beach Tree Society is funding the enhancement of the four front pylons, and listed additional upgrades the City could provide for proper upkeep. Devin Dwyer, former City Councilmember, was called to speak and shared his opinion on how disputes with local businesses should be handled by the City, with Code Enforcement being the arbitrator to help solve issues, rather than as a tool used by an unsubstantiated accuser. He further stated his support for this neighborhood business. Barbara Howarth, a 37-year resident of Huntington Beach, was called to speak, stated her support for Huntington Beach Corner Market, and shared her concerns about the inconsistencies of Code Enforcement. She hopes a resolution is eminent as stated by City Manager Chi, and from her perspective believes that some of the fines should be dismissed. Dianna Orr, a neighbor of Huntington Beach Corner Market, was called to speak and stated her opinion that this business has actually increased neighborhood property values. Ms. Orr encouraged an equitable solution to ensure continued operation for the Huntington Beach Corner Market. Brenda Titus was called to speak, shared her personal history of growing up in "sleepy, hometown" Huntington Beach, stated her support for Huntington Beach Corner Market, and asked that Councilmembers stop what appears to be harassment of the owners. Pano Frousiakis, Candidate for City Council in 2022, was called to speak and stated his support for all small businesses of Huntington Beach, and the need for a City Council that is pro small business. 32 Council/PFA Regular Minutes November 2, 2021 Page 6 of 17 Karen D'Abusco, a resident of Huntington Beach for 20 years, was called to speak and shared her support for Huntington Beach Corner Market and their efforts to support a variety of charities. She asked that the harassment of this neighborhood business stop. Karen Kroeter was called to speak and shared her opinion that there should be more small business owners like the owners of Huntington Beach Corner Market, and this small business should be celebrated for the many ways they serve and unite the neighborhood. Charles Niederman, Past President of Greater Huntington Beach Interfaith Council and Temple Beth David Board, was called to speak and stated he was only representing himself in expressing support for Councilmember Item No. 30 to develop a plan and cost analysis to consider using 100% renewable energy. Mr. Niederman also stated his personal support for Councilmember Item No. 31 regarding divesting corporate bond holdings of fossil fuel corporations. Michelle Espinoza, a resident of Huntington Beach, was called to speak and stated her support for Huntington Beach Corner Market and asked why Councilmembers, Code Enforcement and City Development staff appear to be harassing this business, and listening to only one neighbor, rather than working to support a local small business. Paul Liguori, a 30-year resident of Huntington Beach, was called to speak and shared personal neighborhood experiences at Huntington Beach Corner Market, and asked that Councilmembers get on board with supporting this small business. Guest, who remained unidentified, was called to speak and echoed agreement with all of the reasons already stated to support Huntington Beach Corner Market, described as a true neighborhood sanctuary. Shaun Land, a nearly 30-year resident of Huntington Beach who lives in the Huntington Beach Corner Market neighborhood, was called to speak and reviewed the history of businesses at that location, adding that the Corner Market serves the needs of the neighborhood by continuing to utilize the side patio and offering tables and chairs out front. Mr. Land asked that the harassment of this business stop. Guest, who identified herself as the Mayor of Huntington Beach Corner Market, was called to speak and shared her observations of closed, boarded-up businesses throughout the City and asked why the Huntington Beach Corner Market is being harassed rather than supported by Councilmembers and staff. Diana Zimmer, a recent graduate of the Citizen's Academy, was called to speak and shared her citizen's report on the performance of City departments, using the techniques she learned in her Academy training. She also shared her opinion that Councilmember Kalmick, acting on behalf of a political donor, is acting in tandem with Code Enforcement to harass the owners of the Huntington Beach Corner Market. Guest, who remained anonymous and is a 30-year resident, was called to speak and shared his disappointment that "public servitude" has been lost along the way, and asked 1) for an independent investigation into the actions by any City employee or Councilmember against Huntington Beach Corner Market in the last several years, and 2) that Councilmembers remember they were elected to serve all of the citizens of Huntington Beach. 33 Council/PFA Regular Minutes November 2, 2021 Page 7 of 17 Galen Pickett was called to speak and shared Councilmember position of majority opposition related to SB 9 and SB 10 at the May 3, 2021, Council meeting. Mr. Pickett added his opinion that facing an illegitimate recall, Councilmembers voted to tell the State that Huntington Beach wants to retain local control over zoning for single-family housing. Betty Flynn was called to speak and read a text message from Ashley, Owner of Huntington Beach Corner Market, which Betty received after City Manager Chi stated earlier in the meeting that the item was being withdrawn because it appears there is an amicable solution in process. Ashley asked Betty to share publicly that nothing has been signed, or agreed upon. Jignesh Padhiar was called to speak and quoted the first sentence of the U. S. Constitution, and stated every Councilmember swore to uphold the Constitution. He added that if he remembers correctly, Mayor Carr announced October as anti-bullying month, yet Councilmember Kalmick appears to be pushing against the Corner Market. He shared his opinion that perhaps some Councilmembers are not for the people, nor by the people, and after the Council Recall, will only be able to represent themselves. Caller Dan McDonald was invited to speak and stated he has not received a response to his email of several weeks ago. He asked what Councilmembers could or plan do to ensure local control for local land-use decisions, and to raise awareness of SB 9 and 10. Caller Ayn Craciun, representing Climate Action Campaign, was invited to speak and thanked Councilmembers Kalmick and Moser for bringing forward Councilmember Items #30 for a cost analysis to move power consumption to 100% renewable energy, and Item #31 to divest corporate bond holdings of fossil fuel corporations. She further asked that Council place an item on their agenda as soon as possible to facilitate a discussion on making 100% renewable electricity the default product for Huntington Beach through the OC Power Authority. Caller Mark Sheldon, a 30-year+ resident of Huntington Beach, was invited to speak and stated his support for Councilmember Item #30 regarding a cost analysis to move power consumption to 100% renewable energy. COUNCIL COMMITTEE – APPOINTMENTS – LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Kalmick reported having a conversation with the Huntington Beach Firefighter's Association (HBFA), and attending a special meeting of the Southern California Association of Government (SCAG) Emerging Technology Committee. Councilmember Moser reported attending a session of the Citizen's Academy; meeting with the new Director of Mercy House; a Homeless Task Force meeting; the Mobi Mat installation; a Human Relations Task Force Ad Hoc Committee meeting; a Huntington Beach Central Park Collaborative meeting; and a Downtown Redesign stakeholder meeting. CITY TREASURER’S REPORT 16. 21-781 Received and Filed the City Treasurer’s September 2021 Quarterly Investment Summary Report 34 Council/PFA Regular Minutes November 2, 2021 Page 8 of 17 City Treasurer Alisa Backstrom presented a PowerPoint communication titled Quarterly Investment Report, Quarter Ended: September 30, 2021 with slides entitled: Investment Portfolio - Summary, Investment Portfolio - Investments By Type, Investment Portfolio - Quarterly Activity, Investment Portfolio - Earnings, Interest Rates - US Treasury Rates, Selected Investment Policy Compliance Requirements, and Summary. Mayor Pro Tem Delgleize thanked City Treasurer Backstrom for detailing investment requirements of safety, liquidity, and market rate return, which does limit where the City's funds can be invested. Mayor Carr thanked City Treasurer Backstrom for her detailed quarterly reports, and confirmed that the three Supra National Funds mentioned are the only ones approved by the California Government Code. A motion was made by Kalmick, second Delgleize to receive and file the City Treasurer's Quarterly Investment Report for September 2021, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None CONSENT CALENDAR Councilmember Peterson stated for the record a “No” vote for Consent Calendar Item No. 24. 17. 21-759 Approved and Adopted Minutes A motion was made by Carr, second Delgleize to approve and adopt the City Council/Public Financing Authority special meeting minutes dated October 4, 2021, the regular meeting minutes dated October 5, 2021 and October 19, 2021, and the special meeting minutes of October 25, 2021, as written and on file in the office of the City Clerk. The motion carried, as amended by Supplemental Communication for minutes dated October 19, 2021, by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None 18. 21-743 Received and filed the City Clerk’s quarterly listing of professional services contracts filed in the City Clerk’s Office between January 1, 2021 and June 30, 2021 A motion was made by Carr, second Delgleize to receive and file the "List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of January 1, 2021 and March 31, 2021;" and, receive and file the "List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of April 1, 2021 and June 30, 2021." 35 Council/PFA Regular Minutes November 2, 2021 Page 9 of 17 The motion carried by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None 19. 21-801 Adopted Resolution No. 2021-62 finding that the proclaimed state of emergency continues to impact the ability to meet safely in person in compliance with new Brown Act provisions identified in Assembly Bill 361 A motion was made by Carr, second Delgleize to adopt Resolution 2021-62, "A Resolution of the City Council of the City of Huntington Beach Finding That the Proclaimed State of Emergency Continues to Impact the Ability to Meet Safely in Person." The motion carried by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None 20. 21-738 Approved and authorized the Police Department Technology Modernization Project to include the execution of a five-year contract with Intergraph Corporation (dba Hexagon) to upgrade the City’s Computer Aided Dispatch / Records Management System (CAD/RMS); and, appropriated funds for the purchase of laptops, closed-circuit television cameras, mobile printers, public engagement software applications, and conference room upgrades A motion was made by Carr, second Delgleize to approve and authorize the Mayor and City Clerk to take the following actions: execute an agreement between the City of Huntington Beach and Intergraph Corporation for the Integrated Policing System for Police Computer Aided Dispatch / Records Management System; and, appropriate American Rescue Plan Act funding for related Police Department Technology Modernization Project components described herein; and, authorize the City Manager to appropriate any project expenses determined to be ineligible under the American Rescue Plan Act guidelines to the Technology Fund in an amount not to exceed $2 million. The motion carried by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None 21. 21-797 Approved the Sole Source Justification with Dooley Enterprises for the ongoing purchase of ammunition for the Huntington Beach Police Department (HBPD) A motion was made by Carr, second Delgleize to approve the Sole Source Justification with Dooley Enterprises for the ongoing purchase of training and duty ammunition for HBPD personnel. The motion carried by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None 36 Council/PFA Regular Minutes November 2, 2021 Page 10 of 17 22. 21-773 Approved and authorized execution of a Reinstatement and Second Amendment to Site Access Agreement between the City and Chevron Environmental Management Company (EMC) to conduct environmental work for City-owned property located at 18477 Beach Boulevard A motion was made by Carr, second Delgleize to approve and authorize the Mayor and City Clerk to execute the "Reinstatement and Second Amendment to Site Access Agreement" between the City of Huntington Beach and Chevron Environmental Management Company (EMC). The motion carried by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None 23. 21-786 Approved and authorized execution of Professional Services Contracts for On- Call Construction Management and Engineering Services with Arcadis, U.S., Inc., Ar durra, Inc., Berg & Associates, Inc., Dudek, Psomas, RMA Group, Inc., Totum Corp, and Wallace & Associates, Inc. A motion was made by Carr, second Delgleize to approve and authorize the Mayor and City Clerk to execute a $2,000,000 "Professional Services Contract Between the City of Huntington Beach and Arcadis, U.S., Inc., for On-Call Construction Management and Engineering Services;" and, approve and authorize the Mayor and City Clerk to execute a $2,000,000 "Professional Services Contract Between the City of Huntington Beach and Ardurra, Group, Inc., for On-Call Construction Management and Engineering Services;" and, approve and authorize the Mayor and City Clerk to execute a $2,000,000 "Professional Services Contract Between the City of Huntington Beach and Berg & Associates, Inc., for On-Call Construction Management and Engineering Services;" and, approve and authorize the Mayor and City Clerk to execute a $2,000,000 "Professional Services Contract Between the City of Huntington Beach and Dudek, for On-Call Construction Management and Engineering Services;" and, approve and authorize the Mayor and City Clerk to execute a $2,000,000 "Professional Services Contract Between the City of Huntington Beach and Psomas, for On-Call Construction Management and Engineering Services;" and, approve and authorize the Mayor and City Clerk to execute a $2,000,000 "Professional Services Contract Between the City of Huntington Beach and RMA Group, Inc., for On-Call Construction Management and Engineering Services;" and, approve and authorize the Mayor and City Clerk to execute a $2,000,000 "Professional Services Contract Between the City of Huntington Beach and Totum Corporation, for On-Call Construction Management and Engineering Services;" and, approve and authorize the Mayor and City Clerk to execute a $2,000,000 "Professional Services Contract Between the City of Huntington Beach and Wallace & Associates Consulting, Inc., for On-Call Construction Management and Engineering Services." The motion carried by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None 24. 21-787 Approved and authorized execution of an Exclusive Negotiating Agreement (ENA) with Surf City Partners, LLC for 21 Main Street at the Huntington Beach Pier 37 Council/PFA Regular Minutes November 2, 2021 Page 11 of 17 A motion was made by Carr, second Delgleize to approve and authorize the Mayor and City Clerk to execute the "Exclusive Negotiating Agreement Between City of Huntington Beach and Surf City Partners, LLC" to negotiate the terms of a lease agreement for 21 Main Street. The motion carried by the following vote: AYES: Bolton, Delgleize, Carr, Posey, Moser, and Kalmick NOES: Peterson 25. 21-793 Authorized execution of documents for permanent highway and temporary construction easements to Caltrans for Transportation Improvement Project State Route 1 – PCH and Main Street A motion was made by Carr, second Delgleize to authorize the Mayor to execute "Easement Deed Highway" "Certificate of Occupancy and Receipt of Relocation Information" "Right of Way Contract" and "Right of Entry Form" for the transfer of property rights for the subject project easements. The motion carried by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None 26. 21-804 Adopted Ordinance No. 4236 approving Zoning Map Amendment No. 20-002 (Gisler Residential – 21141 Strathmoor Lane) Approved for introduction 10/19/2021, Vote: 6-0-1 (Peterson-Absent) A motion was made by Carr, second Delgleize to adopt Ordinance No. 4236, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance to Rezone the Real Property Located at 21141 Strathmoor Lane from Public-Semipublic (PS) to Residential Low Density (RL) (Zoning Map Amendment No. 20-002.)" (Attachment No. 3) The motion carried by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None 27. 21-805 Adopt Ordinance No. 4237 amending Huntington Beach Municipal Code Chapter 10.12 relating to speed limits on Atlanta Avenue between Huntington Street and Beach Boulevard Approved for introduction 10/19/2021, Vote: 6-0-1 (Peterson-Absent) A motion was made by Carr, second Delgleize to adopt Ordinance No. 4237, "An Ordinance of the City of Huntington Beach Amending Chapter 10.12.080 of the Huntington Beach Municipal Code Relating to Speed Limits." The motion carried by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None 38 Council/PFA Regular Minutes November 2, 2021 Page 12 of 17 28. 21-806 Adopted Ordinance No. 4238 amending Chapter 5.120 of the Huntington Beach Municipal Code regulating Short–Term Rentals (STR) Approved for introduction 10/19/2021, Vote: 6-0-1 (Peterson-Absent) A motion was made by Carr, second Delgleize to adopt Ordinance No. 4238, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 5.120 of the Huntington Beach Municipal Code Regulating Short-Term Rentals." (Attachment No. 1) The motion carried by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None ADMINISTRATIVE ITEMS 29. 21-803 Approved Fiscal Year 2020/21 Year End Budget Adjustments, Inter-Fund Transfers, and Assignment City Manager Chi introduced Chief Financial Officer (CFO) Dahle Bulosan who presented a PowerPoint communication titled Financial Update & FY 2021/21 Year End Budget Adjustments with slides entitled: Overview, City Financial Update, Huntington Beach Is In A Terrific Financial Position, Current & Prior Year Surpluses Projected, FY 2020/21 Year End Budget Adjustments, Year End Budget Adjustment Requests, General Fund Adjustments, Community Development Appropriation, Fourth of July Fund, Infrastructure Fund, Equipment Replacement Fund, Litigation Reserve Funding, Current Year General Fund Surplus with Year End Adjustments, Other Fund Adjustments, What's on the Budget Horizon?, Recommended Action, and Questions? Councilmember Peterson confirmed with CFO Bulosan that the public could continue to make a tax- deductible donation to the 4th of July parade. Councilmember Posey and CFO Bulosan discussed that 4th of July funding is typically funded by parking revenues. Director of Community and Library Services Chris Slama stated that the General Fund amount is expected to cover the two contracts that Council approved to help run the event. Councilmember Posey and City Attorney Michael Gates discussed Litigation Reserves and City Attorney Gates stated appeals are in process hoping to reduce the Kennedy Commission and SB35 fees, and the budgeted $3.65 million is adequate to cover both cases. Councilmember Posey read the title of a published article from Community Legal Aide, Southern California, which stated that the Kennedy Commission was awarded $3.5M in attorney fees, and questioned if $3.65M is enough to cover both cases. City Attorney Gates replied that was in inaccurate report and stated he would provide Councilmembers with correct information. Councilmember Posey and City Manager Chi discussed how actual outside litigation costs can always impact the budget and City Manager Chi stated that the $3.65M for this discussion is not the total litigation fund, but represents transfer of surplus funding from the past year to fund upcoming known adverse judgments. The total litigation budget, which is determined during the annual budget process, is usually around $10M. 39 Council/PFA Regular Minutes November 2, 2021 Page 13 of 17 Councilmember Posey requested that litigation reserves and projections be part of all budget reviews in the future. Mayor Carr confirmed with CFO Bulosan that the current Litigation Reserves budget has about $10M, and these additional funds of $3.65M will be added to that for a total of nearly $14M. Mayor Pro Tem Delgleize and CFO Bulosan discussed in general that current investments and stabilized fixed costs should provide sustained surpluses moving forward under normal circumstances. Mayor Carr thanked staff and applauded fellow Councilmembers for making the tough decisions related to the pension obligation bond, and investing in infrastructure, which will pay long-term dividends. A motion was made by Posey, second Delgleize to approve the year-end inter-fund transfers for the Fiscal Year 2020/21 Revised Budget in the Funds and by the amounts contained in Attachment 1; and, increase appropriations for the FY 2020/21 Revised Budget by $13,225,591 in the Funds and amounts contained in Attachment 1 and associated carryovers to reconcile the budget with actual expenses incurred. Approve the assignment of $3,650,000 in the General Fund for Litigation Reserves. The motion carried by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None COUNCILMEMBER ITEMS 30. 21-826 Item Submitted by Councilmember Kalmick Approved — Develop A Plan and Cost Analysis to Move the City of Huntington Beach Municipal Corporation’s Power Consumption to 100% Renewable Energy Councilmember Kalmick explained that some residents and community activists have asked about moving to 100% renewable energy, and added that there really isn't enough data to understand what that would look like. He stated that Southern California Edison (SCE) would be tasked to provide timing and cost for moving the City operations, not residential use, to 100% renewable energy. The Orange County Power Authority (OCPA) rate and timing would also be considered. He added that there currently isn't enough accurate information to determine whether such a move would be beneficial or prohibitive. Mayor Pro Tem Delgleize confirmed with Councilmember Kalmick that information would be requested for only Huntington Beach Corporate (City) power usage, to evaluate if the idea is financially feasible, and this effort would not impact any choices for the residents. Mayor Carr stated she would like to see this effort as part of the City's Sustainability Master Plan, and that the data be reviewed by the Environmental and Sustainability Board. Mayor Carr shared her concern whether the data collected in the next 60 to 90 days would remain accurate and timely for future projects, and stated her support for the effort as long as the information is reviewed by the appropriate boards and commissions for their input as well. Councilmember Kalmick stated his support for getting as many eyes as possible on the data as an important part of the process. 40 Council/PFA Regular Minutes November 2, 2021 Page 14 of 17 Councilmember Posey stated his support, and that he will share the OCPA Board data including future projections. He further stated that currently OCPA is still looking into resource adequacy, confirming where it will come from, if there is enough supply to meet the demand, and the cost. In addition, he noted that the City is currently using solar panels, selling energy back to the grid, and has battery storage. All of these factors should become part of the discussion. Councilmember Bolton stated her support for this item, and her desire to see information related to length of contract, and whether a time commitment affects the cost. Councilmember Moser stated her support for this item, and her need to see rate data related to percentage of renewable energy, fully understanding that 100% renewable energy may or may not be attainable. Councilmember Posey stated that the OCPA offering will be predicated upon customer demand, and the OCPA's purpose is to offer residents and businesses energy choices, rather than only offering 100% renewable energy. He explained that customer demand will drive development and supply is determined by development, with the expectation that eventually everyone will demand 100% renewable energy. Councilmember Moser stated her support for choices, which requires a full menu of options. Councilmember Kalmick stated he would like for Huntington Beach to be the leader for other municipalities. A motion was made by Kalmick, second Delgleize to recommend that the City Manager direct the Public Works Department to prepare a cost analysis for City Council consideration. The motion carried by the following vote: AYES: Bolton, Delgleize, Carr, Posey, Moser, and Kalmick NOES: Peterson 31. 21-827 Item Submitted by Councilmembers Kalmick and Moser Approved — Divest Corporate Bond Holdings of Fossil Fuel Corporations Councilmember Kalmick stated the bottom line is that there was a local oil spill, and the City holds Chevron bonds. In his mind that is hypocritical, and this item is one way to further enforce the decision made at the last Council meeting to declare support for ending off-shore drilling. He stated his support for what City Treasurer Backstrom described in her report earlier in the meeting, which is to hold the bond until it matures so money is not lost through premature action, and all things being equal in the future, do not buy fossil fuels companies. Councilmember Moser thanked City Treasurer Backstrom for clarifying that investments must be safe, provide liquidity and provide a market rate of return. Councilmember Moser stated her support for the public comment of Charles Niederman that revenue neutral steps towards a sustainable future should be taken if that option is available, and recommends making investment choices in the future that do not support fossil fuels. 41 Council/PFA Regular Minutes November 2, 2021 Page 15 of 17 Councilmember Peterson stated his opposition to this item based on the reality that there are three oil wells on City property producing income, and his opinion that if oil is the best return on investment, it should not be taken off the table just because it doesn't support a green agenda. Mayor Carr stated she is supportive of a green agenda, but she is also opposed to this item. She sees this item as an investment policy decision, rather than an environmental decision. Mayor Carr stated her substitute motion would be to direct the Investment Advisory Board to look at the rate of return for energy stocks and help to set investment priorities. In her opinion, as this item is presented it is effectively tying the hands of the City Treasurer, rather than allowing her to maximize investment returns. Councilmember Posey stated his support for the substitute motion, and explained his opinion that when CalPERS decided to focus on Environmental, Social and Governance (ESG) investing, that decision was a big part of diminishing returns. He added that single digit investment returns can trigger a discount rate reduction, an increased employer contribution, and the need for pension obligation bonds, etc., etc. He stated his opinion that ESG policies are driven by boards and directors who dictate investing in everything that doesn't increase the carbon footprint, while in reality oil is the current fuel of the economy. He would change the original motion that states "fund in a manner that will not negatively affect the City's return on investment" to “fund in a manner that will meet or exceed the stock that is being replaced”. Councilmember Bolton stated her support for Mayor Carr's substitute motion to direct the Investment Advisory Board to be involved in setting investment policies. Councilmember Moser stated her support for Mayor Carr's substitute motion, as she believes the Investment Advisory Board members have the best knowledge and experience, along with City Treasurer Backstrom, and it is appropriate for the Council to direct that discussion. Councilmember Kalmick stated that the intent was to have the Investment Advisory Board involved in the process, and he fully supports the substitute motion. Mayor Carr stated her intent is to direct the Investment Advisory Board to look at overall investment options, not just zero in on Chevron as stated in this item. City Treasurer Backstrom confirmed that the Investment Advisory Board meets quarterly, and historically reviews the investment policy for Council at the first meeting in February. Mayor Carr responded with her opinion this item does not require a special meeting, and following that timeline is acceptable. A motion was made by Carr, second Delgleize to direct the City Manager and City Treasurer to develop a plan to divest our holdings in Chevron Corporate Bonds and reinvest the funds in an alternate fund in a manner that will not negatively affect the City’s return on investment. direct the Investment Advisory Board in conjunction with the City Treasurer to examine whether there are comparable alternatives to invest in energy companies and to make recommendations as to whether the City’s investment policy statement should be amended to reflect any findings. The substitute motion carried by the following vote: AYES: Bolton, Delgleize, Carr, Posey, Moser, and Kalmick NOES: Peterson 42 Council/PFA Regular Minutes November 2, 2021 Page 16 of 17 COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Kalmick reported attending a Middle Mile meeting where the State is investigating using their resources to provide right-of-ways and internet connectivity for residents. He also reported that in response to resident complaints regarding an unsafe school crossing on McFadden Avenue, Public Works staff took out a tree to increase visibility and installed a flashing sign. Councilmember Moser reported participating in the Business Improvement District (BID) Downtown Halloween event, the Chamber of Commerce Ribbon Cutting for HB Propane and the unveiling of their new mural, and the Huntington Beach Fire Department Fire Recruit Academy Graduation and demonstrations. Councilmember Moser announced the Human Relations Task Force Native American Showcase will take place from Friday, November 19th through Sunday, November 21st, and on Monday, November 8th, 5 – 8 PM, a Small Business Clinic at City Hall, sponsored by Assemblywoman Cottie Petrie-Norris, Cal State Fullerton, and City of Huntington Beach, will provide an opportunity to explore resources for businesses impacted by the recent oil spill. Councilmember Posey reported that the Thursday, November 4, meeting of the Southern California Association of Government (SCAG) will be discussing SB 9, and the effects of duplexing America. Further details can be found at www.scag.ga.gov. Councilmember Posey noted his interest in Native American history and the Wild West, and in light of the fact that November is National American Indian Heritage month, he highly recommends reading Great Speeches by Native Americans by Bob Blaisdell. Councilmember Bolton reported attending the Huntington Beach Fire Department Fire Recruit Academy Graduation, and a virtual meeting of the Orange County Human Relations for their Annual State of Human Relations presentation, which was fascinating and encouraging. Details can be found on the OC Human Relations website. Councilmember Bolton encouraged people to take a look at the American Indian Heritage Month Showcase sponsored by the Huntington Beach Human Relations Committee, and reported a visit to Council Chambers by Cub Scout Troop 101 who came with some very perceptive questions. Councilmember Moser stated it was heartening to see and hear the passionate community members who spoke during Public Comments, that Council recognizes the importance of small family-owned businesses, and it is important that businesses and the City work together to find resolutions. Mayor Carr reported meeting with Boy Scout Troop 555, which has adopted a water channel in Huntington Beach; attending the Oak View Trunk or Treat Halloween event; and participating in the installation of the new flashing crosswalk sign on McFadden Avenue. Mayor Carr applauded the Bolsa Chica Conservancy for donating $10,000 to the Wetlands and Wildlife Care Center, and $5,000 to Huntington Beach Wetlands in response to the oil spill. Mayor Carr announced the Chamber of Commerce meeting on November 15, 8 AM at the Senior Center in the Park, for the State of the City report by herself, Mayor Pro Tem Delgleize and City Manager Oliver Chi. Attendees need to purchase tickets on the Chamber of Commerce website. Mayor Pro Tem Delgleize announced that John Scandura, her appointee to the Huntington Beach Planning Commission, has been appointed by Governor Newsom to the Santa Ana Regional Water Quality Control Board. This Board serves an area that encompasses the Inland Empire and most of Orange County with 6 million people who rely on this water resource. 43 Council/PFA Regular Minutes November 2, 2021 Page 17 of 17 ADJOURNMENT — 8:46 PM to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, November 16, 2021, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov _______________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 44 Special Meeting Minutes Huntington Beach City Council City of Huntington Beach Saturday, November 6, 2021 1:30 PM – Hyatt Regency Heron Boardroom 21500 Pacific Coast Highway Huntington Beach, California 92648 1:30 PM — HYATT REGENCY HUNTINGTON BEACH – HERON BOARDROOM CALLED SPECIAL CITY COUNCIL MEETING TO ORDER - 1:45 PM ROLL CALL Present: Peterson, Bolton, Delgleize, Carr, Posey, Moser, and Kalmick Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION ITEM (Received After Agenda Distribution) – None. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEM (3 Minute Time Limit) — None. RECESSED TO CLOSED SESSION A motion was made by Posey, second Delgleize to recess to Closed Session Item No. 1 (21—849). The motion carried by the following roll call vote: AYES: Peterson, Bolton, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None CLOSED SESSION 1. 21-849 Pursuant to Government Code Section 54957(b)(1), the City Council recessed to Closed Session to discuss the following personnel matter: Public Employment – Police Chief Recruitment RECONVENE AND ADJOURN — The meeting was reconvened and adjourned at 7:00 PM to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, November 16, 2021, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov 45 City Council Special Meeting Minutes November 6, 2021 Page 2 of 2 _______________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk ______________________________________ Mayor 46 City of Huntington Beach File #:21-824 MEETING DATE:11/16/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Sean Crumby, Director of Public Works Subject: Adopt Resolution No. 2021-60 approving the M2 Expenditure Report for the City of Huntington Beach to comply with renewed Measure M2 funding eligibility as administered by the Orange County Transportation Authority (OCTA) Statement of Issue: In compliance with Renewed Measure M2 funding eligibility, the City is required to adopt a resolution approving the annual Measure M2 Expenditure Report and submit the report and resolution to the Orange County Transportation Authority (OCTA). Financial Impact: No additional funding is required for the resolution. Annual M2 Turnback allocation is approximately $3 million for Fiscal Year 2021-22. Recommended Action: Adopt Resolution No. 2021-60, "A Resolution of the City Council of the City of Huntington Beach Concerning the Measure M2 Expenditure Report for the City of Huntington Beach." Alternative Action(s): Do not adopt the Resolution and forego Measure M2 funding eligibility. This action would result in the loss of approximately $3 million for the current fiscal year and potential grant funding for street improvements Analysis: Renewed Measure M2 is the one-half cent sales tax approved by the Orange County voters in November 2006 for countywide transportation improvements. The multibillion dollar program, which is administered by OCTA, extends the original Measure M (1991-2011) program for another 30 years. All Orange County eligible jurisdictions receive a percentage of the sales tax revenue based on population, Master Plan of Arterial Highways centerline miles and share of countywide taxable sales. These funds can be used for local projects, as well as ongoing maintenance of local streets. There are no competitive criteria to meet, but there are administrative requirements to maintain City of Huntington Beach Printed on 11/10/2021Page 1 of 2 powered by Legistar™47 File #:21-824 MEETING DATE:11/16/2021 eligibility to receive funding. A key requirement is to adopt the Measure M2 Expenditure Report each year within six-months of the end of the local jurisdiction’s fiscal year and submit a resolution of adoption and final report to OCTA. The City of Huntington Beach Measure M2 Report for fiscal year 2020-21 complies with this requirement. The report accounts for all M2 revenues, developer/traffic impact fees and funds expended by the City towards street improvements, rehabilitation and maintenance. Environmental Status: Not applicable Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Resolution No. 2021-60 "A Resolution of the City Council of the City of Huntington Beach Concerning the Measure M2 Expenditure Report for the City of Huntington Beach." 2. Fiscal Year 2020-21 M2 Expenditure Report City of Huntington Beach Printed on 11/10/2021Page 2 of 2 powered by Legistar™48 49 50 51 52 53 54 55 City of Huntington Beach File #:21-832 MEETING DATE:11/16/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Sean Crumby, Director of Public Works Subject: Adopt Resolution No. 2021-63 authorizing an application for grant funds from the California Division of Boating and Waterways to purchase a marine vessel sewer pump-out/dump station; and, authorize appropriation of funds Statement of Issue: Each year the California Division of Boating and Waterways offers grant funding opportunities aimed at providing accessible marine vessel sewer pump-outs/dump stations to protect local water ways. If awarded, the grant funds will be used to purchase a backup to a vessel sewer pump-out/dump station located at Warner Dock. Financial Impact: The City is requesting up to $25,000 from the Division of Boating and Waterways to fund the purchase of a marine vessel pump-out/dump station. The City will be responsible for 25% in local matching funds to be provided as a cash contribution. There are currently funds available in General Fund business unit 10085102 should the City be awarded the grant. Recommended Action: A) Adopt Resolution No. 2021-63, “A Resolution of the City Council of the City of Huntington Beach to Authorize an Application for Funds to Purchase a Marine Vessel Sewer Pump-out/Dump Station;” and, B) Appropriate $25,000 in grant funding, once officially awarded, into a grant account established by the Finance Department. Alternative Action(s): Do not adopt the Resolution and do not apply for the grant. Analysis: The California Division of Boating and Waterways is authorized to provide Clean Vessel Act grants to City of Huntington Beach Printed on 11/10/2021Page 1 of 2 powered by Legistar™56 File #:21-832 MEETING DATE:11/16/2021 cities, counties, as well as some private entities for the purchase and installation of marine vessel sewer pump-out/dump stations. The existing pump-out/dump station located at Warner Dock is currently out of commission and is in the process of being replaced. This grant will allow the City to purchase a second unit as a back-up. Historically, when these units fail it has been difficult to acquire the necessary parts to return the unit back to a functional state. A backup will provide redundancy in the event of failure. Environmental Status: Not applicable. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Resolution No. 2021-63 “A Resolution of the City Council of the City of Huntington Beach to Authorize an Application for Funds to Purchase a Marine Vessel Sewer Pump-out/Dump Station”. City of Huntington Beach Printed on 11/10/2021Page 2 of 2 powered by Legistar™57 58 City of Huntington Beach File #:21-823 MEETING DATE:11/16/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Sean Crumby, Director of Public Works Subject: Adopt Resolution No. 2021-64 certifying the City of Huntington Beach has authorized the Project List Submittal for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) Funding through the Orange County Transportation Authority (OCTA) 2021 Pavement Relief Funding Program; and authorize appropriation of funds Statement of Issue: The Orange County Transportation Authority (OCTA) was provided Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) funding in the total of $10.931 million to be distributed to local agencies through the Pavement Management Relief Funding (PMRF) Program. Huntington Beach will receive $578,011 based on population. One step in the application is to provide a Council resolution authorizing a project list. Staff is recommending these funds be used to supplement the FY 2021-22 Arterial Rehabilitation Project included in this fiscal year’s Capital Improvement Program (CIP). Financial Impact: There is no matching requirement to receive these funds. Recommended Action: A) Adopt Resolution No. 2021-64, "A Resolution of the City Council of the City of Huntington Beach Which Certifies the City of Huntington Beach has Authorized the Project List Submittal for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) Funding through the Orange County Transportation Authority 2021 Pavement Management Relief Funding Program;" and, B) Appropriate $578,011 in grant funding, once officially awarded, into a grant account established by the Finance Department. Alternative Action(s): Do not adopt the Resolution and forego CRRSAA funding in the amount of $578,011. Analysis: City of Huntington Beach Printed on 11/10/2021Page 1 of 2 powered by Legistar™59 File #:21-823 MEETING DATE:11/16/2021 The federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA), which was signed into law on December 27, 2020, appropriated $10 billion for the Highway Infrastructure Programs (HIP) through the Federal Highway Administration (FHWA). These funds will be distributed to regional transportation agencies. The Orange County Transportation Authority (OCTA) was provided $14.591 million, of which $3.66 million has been programmed for OCTA priority projects, with $10.932 million to be distributed to local agencies through the Pavement Management Relief Funding (PMRF) Program. Huntington Beach will receive $578,011. There is no local match required for this funding. Projects eligible under this program included pavement: (1) preservation/preventative maintenance, (2) rehabilitation and (3) reconstruction. In addition, funds should be utilized on streets with the California Road System Map or the National Highway system. Staff is recommending the funds be used to supplement the FY 2021-22 Arterial Rehabilitation Project included in this fiscal year’s Capital Improvement Program (CIP), which meets the criteria above. To receive the funds agencies must upload a project list and provide a City Council resolution authorizing the project list to OCTA by February 28, 2022. Environmental Status: Not applicable. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Resolution No. 2021-64, "A Resolution of the City Council of the City of Huntington Beach Which Certifies the City of Huntington Beach has Authorized the Project List Submittal for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) Funding through the Orange County Transportation Authority 2021 Pavement Management Relief Funding Program." City of Huntington Beach Printed on 11/10/2021Page 2 of 2 powered by Legistar™60 61 62 City of Huntington Beach File #:21-817 MEETING DATE:11/16/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Sean Crumby, Director of Public Works Subject: Approve and authorize execution of the First Amendment to Site License Agreement with Cingular Wireless for the Wireless Communications Facility at Fire Station - Edwards Statement of Issue: The City Council is asked to approve and authorize the Mayor and City Clerk to execute the First Amendment to the Site License Agreement with Cingular Wireless for the wireless facility located in the clock tower of Fire Station 6 (Edwards Fire Station). Financial Impact: Approval of Amendment No. 1 will result in revenue of $3,038.72 per month to General Fund Account No. 10000100.45110, with 4% rent escalations per annum, for a total remaining license value of $335,993.97. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the “First Amendment to Site License Agreement Between City of Huntington Beach and Cingular Wireless for a Wireless Communications Facility at Fire Station 6 - Edwards” based on the terms and conditions as presented herein. Alternative Action(s): Do not approve, and advise City staff on how to proceed. Analysis: In 1999, the City designed and constructed Fire Station 6 - Edwards at 18591 Edwards Street. Included in the overall site plan was a large clock tower, which also serves as a fire hose-drying tower. In 2003, a Site License Agreement was executed between the City of Huntington Beach and Cingular Wireless to install a wireless communication facility in the Clock tower at Fire Station 6. Cingular Wireless has requested permission to upgrade the wireless telecommunications facility. The design of Cingular Wireless antenna is completely within the confines of the existing leased space. Staff has prepared an amendment to a site license agreement with Cingular Wireless. TheCity of Huntington Beach Printed on 11/10/2021Page 1 of 2 powered by Legistar™63 File #:21-817 MEETING DATE:11/16/2021 Staff has prepared an amendment to a site license agreement with Cingular Wireless. The Amendment provides that Cingular will continue to pay the City a monthly fee of $3,038.72, with annual increases of 4%. The term of the site license agreement is for ten years from February 1, 2003 to January 31, 2013, with three renewal options of five years each for a total possible term of twenty-five years. The Agreement is currently in its second renewal period, with termination occurring in January of 2028. The license agreement also contains a six-month termination clause, whereby the City can terminate the agreement for just cause. In addition, Cingular Wireless has agreed that it will not interfere with the City's own communications network, and if it does, the City has the ability to turn off power to the antenna. Cingular Wireless has agreed to the terms and conditions contained in the attached site license agreement. The Public Works Department, which is the operating department for wireless site license agreements, along with the City Attorney's Office recommend the approval of this lease. Environmental Status: Not applicable Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. “First Amendment to Site License Agreement Between City of Huntington Beach and Cingular Wireless for a Wireless Communications Facility at Fire Station 6 - Edwards” City of Huntington Beach Printed on 11/10/2021Page 2 of 2 powered by Legistar™64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 City of Huntington Beach File #:21-855 MEETING DATE:11/16/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Sean Crumby, Director of Public Works Subject: Appropriate grant and matching funds for the Local Roadway Safety Plan (LRSP) Statement of Issue: The City has been awarded a grant through the State for development of a Local Road Safety Plan (LRSP), and a grant fund has been established. Budget appropriations to this new fund, as well as our matching fund (Prop 42) are necessary to begin developing this plan. Financial Impact: The grant award covers 73.5% of the cost to develop the plan. Staff has received a task order from KOA, one of the on-call engineering firms recently awarded a contract, for $190,000. This equates to $139,650 in grant funds and $50,350 in matching funds. Recommended Action: A) Appropriate $139,650 to LRSP grant fund account 127285201.69365; and, B) Appropriate $50,350 to Prop 42 fund account 21985201.69365. Alternative Action(s): Do not approve the appropriations and forego the grant funding. Analysis: The City has been awarded a grant through the State to develop a Local Road Safety Plan (LRSP). The development of an LRSP will address safety needs and provide eligibility for future Highway Safety Improvement Plan grant opportunities for the City. The LRSP will include input from stakeholders to address engineering, education, enforcement and emergency response safety countermeasures. Anticipated stakeholders will include Department of Public Works staff, Huntington Beach Police Department, Huntington Beach Fire Department, Orange County Transportation Authority, local school districts, local public and safety advocacy groups, and community members. Development of the plan will include a collision history assessment and recommend countermeasures and improvements to address high crash locations. In addition, the LRSP will City of Huntington Beach Printed on 11/10/2021Page 1 of 2 powered by Legistar™86 File #:21-855 MEETING DATE:11/16/2021 include an implementation plan and funding strategies. Potential funding could include Highway Safety Improvement Program (HSIP) grants. Staff’s initial estimate to develop the plan was $200,000. The grant award is for 73.5% of the total cost, but not to exceed $147,000. Staff received a quote for $190,000 which results in a total of $139,650 in grant funds and $50,350 in matching funds. Environmental Status: Not applicable. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Program Supplement Agreement City of Huntington Beach Printed on 11/10/2021Page 2 of 2 powered by Legistar™87 08/26/2109/09/219/9/202188 89 90 91 92 City of Huntington Beach File #:21-868 MEETING DATE:11/16/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Travis K. Hopkins, Assistant City Manager Subject: Approve and authorize the execution of a Professional Services Agreement with Revize to Redesign and Maintain the City’s Website; and authorize appropriation of funds Statement of Issue: Staff released a Request for Qualifications (RFQ) from firms to redesign and maintain the City’s website. After reviewing twenty proposals, staff selected Revize as the most qualified and responsive firm. Staff recommends entering into a Professional Services Agreement (agreement) with Revize for a not-to-exceed total of $170,000 over a 3-year term. Financial Impact: Revize’s proposed scope of work under this three-year agreement is estimated at $102,300, which includes website redesign, staff training, and annual maintenance fees. Due to the outdated functionality of the City’s website, staff may request additional improvements that go above and beyond Revize’s scope of work. As such, staff has built in contingencies throughout the term of the agreement, with a total not-to-exceed value of $170,000. Funding is available for the website redesign and maintenance effort, and City Council authorization is requested to appropriate an additional $75,000 to the Public Information Office account (10030101.69365), with the remainder of the funding available prior approved amounts in the City Manager (10030101.69365) and Public Information Office accounts (10030101.69365). Recommended Action A) Approve a three-year Professional Services Agreement with Revize for website redesign and annual maintenance; and, B) Authorize the appropriation of $75,000 from the General Fund into the Public Information Office account. Alternative Action(s): Do not approve the recommended actions and direct staff accordingly. City of Huntington Beach Printed on 11/10/2021Page 1 of 2 powered by Legistar™93 File #:21-868 MEETING DATE:11/16/2021 Analysis: The City’s website,www.huntingtonbeachca.gov <http://www.huntingtonbeachca.gov>, was initially built in the 1990’s using an in-house content management system (CMS) that has become significantly outdated. In comparison to modern, user-friendly CMSes today, the City’s CMS requires coding and IS support to upload multimedia, develop new web templates, and make other non- textual adjustments, which can delay the timely distribution of information on the website. Given the major advances in web technology today, staff recommends transitioning the website to an established third-party CMS, which is regularly maintained, secured, and updated with the latest tools and user-friendly features. Third-party firms can also provide user training, help desk support, design consultations, and ADA accessibility guarantees throughout the life of the website. The City released a Request for Qualifications and received proposals from 20 firms. Following a rigorous review process, staff selected Revize as the most qualified and responsive firm. Revize has been building websites for 25 years and provides services to over 1,800 government clients nationwide. Their award-winning CMS will be custom designed for Huntington Beach in Year 1 and redesigned in Year 4 to keep up with modern design standards. Revize will also work with the project team and departments to streamline existing content, improve website navigation, and ensure a seamless transition. Lastly, Revize offers extensive training before and after the transition, as well as 24/7 help desk support. Staff recommends entering into a three-year agreement with Revize to rebuild the website and train staff in the first six months, and provide maintenance services yearly. The cost for their proposed scope of work is $102,300. However, due to the limited functionality of the City’s current CMS, staff may need to implement unanticipated modernization efforts that go beyond Revize’s scope of work. As such, staff has built in a contingency across all three years of the agreement for a total not-to-exceed cost of $170,000. The contingency may cover additional work including custom pages for City departments; specialty design features; and custom online tools. Environmental Status: None Strategic Plan Goal: Community Engagement Attachment(s): 1. Professional Services Agreement with Revize 2. RFQ Response from Revize 3. RFQ for Website Redesign 4. RFQ Submittals 5. RFQ Award Analysis City of Huntington Beach Printed on 11/10/2021Page 2 of 2 powered by Legistar™94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 WEBSITE PROPOSAL FOR The City of Huntington Beach, California Prepared by Thomas J. Jean - Thomas.Jean@revize.com Ph: 248-269-9263 x8035 Fax: 866-346-8880 www.revize.com August 24, 2021 115 116 Revize California Clients! • • • • • • • • • • • Michael Bruckner, Assistant to the City Manager, City of Arcadia, CA “Revize has done it again! Another game changing, cutting edge website that moves the industry forward by connecting citizens to services in as few clicks as possible.” 117 Revize Clients! • • • • • • • • • • • • Colleen Roberts, New Bern, NC – Public Information Officer “Revize is a beehive of creative thinkers who are interested in putting your organization's communication objectives front and center. They're extremely easy to work with and they're engaged every step of the way. Before, during and after Revize did our site build, they were super responsive any time we had questions or concerns. & they're always open to new ideas too. We couldn't be happier!” 118 Cover Letter Dear City of Huntington Beach Website Selection Committee, Thank you for considering Revize as your web development partner. For nearly two decades, Revize has been a leader in providing high quality, government-compliant web solutions. A myriad of industry awards and hundreds of satisfied clients stand as testament to the quality and value of our work. Every member of the Revize team understands that your website is more than a website. It’s a valuable resource that can help you build a better community. Visitors are drawn to websites that are appealing yet functional, user friendly with a plethora of services, and accessible on a wide range of devices. A Revize website will allow your residents and businesses to easily fill out and submit documents, review and pay bills and taxes, perform searches to answer frequently asked questions and perform a suite of other tasks that would otherwise require staff assistance. What’s more, a Revize website will enable you to increase staff productivity and decrease costs by reducing off-line departmental operations. • City of Arcadia, CA www.arcadiaca.gov • City of Largo, FL www.largo.com • New Bern, NC www.newbern-nc.org • City of St. Petersburg, FL www.stpete.org • City of Des Moines, IA www.dsm.city • And Many More! We will work closely with you to design and develop a dynamic, functional and easy to navigate website that will perfectly fit your community. Then we empower you to control your digital presence with the industry’s best administrative management applications. Revize training ensures that your team has the skills needed to expertly update and manage website content and delivery. 119 Government clients select Revize because we can help them • Effectively engage residents. • Enhance their web presence and build an online communications center. • Empower non-technical web content editors and administrators to easily execute changes. • Implement a scalable solution that allows them to affordably grow their web presence for the long term. “Revize Websites build engagement with your constituents.” We have worked hard to establish a reputation for creating online community websites that engage, inform, and increase participation of your community. With our help, your community’s website can serve your residents better, inspire them more, and get them actively involved in your government. Please contact me if you have any questions at all. Sincerely, Thomas J. Jean Project Manager 248-269-9263 x8035 Thomas.Jean@revize.com 120 Firm Qualifications Thank you for considering Revize Software Systems for your new website project. We understand the importance of this undertaking and know how motivated your government/community is to selecting the right vendor; one who will work with you through all the steps required to build the perfect website featuring a plethora of high quality online services that your constituents will want to use regularly. In more than two decades of working with government leaders, as well as through nationwide surveys, we have learned that the key to choosing a website vendor is finding the right balance between the total cost of the solution and the quality of the design, online apps and user functionality. In simpler terms, you need a solution that works for you and serves your constituents. With more than 1,800 government clients nationwide, Revize Software Systems is one of the industry’s leading providers. We credit our rapid growth to our 20-year track record of building award-winning government websites and content management systems. When you work with Revize, you’re not just a client, you become part of the Revize family and will receive the service and support you need and expect! We are among the most highly respected government website experts in the United States and we proudly stand by our work. Revize has been a pioneer in implementing the latest trends in design by using Responsive Web Design (RWD). This technology ensures that site visitors have an optimal viewing experience — easy reading and navigation with a minimum of resizing, panning, and scrolling — across a wide range of devices, from desktop monitors to mobile phones. RWD provides flexible and fluid website layouts that adapt to almost any screen. When you implement a dynamic new website powered by Revize, you will not only get an outstanding look, layout and navigation, but you also receive 24/7 access to our Government Communication Center for residents, business and visitors. 121 • Public Service Request App • Calendar of Events • E-Notification Modules • On-Line Payment Portal • Facilities Reservations • News Center with Facebook/Twitter Integration • Emergency Alerts • Online Forms / Survey Tools • E-Newsletter Applications • Job Posting and Tracking Module • Public Records Request Tracker Revize is renowned as a leader in providing practical, high-value, easy to use content management software Government CMS. This simple-to-use yet powerful solution enables clients to manage their online presence with high functionality and style. With applications such as an online document center, public service request app, public records request tracker, agendas and minutes, frequently asked questions and more, Revize ensures that our clients have the tools they need to make information and services available for website users at the click of a mouse. Revize addresses time concerns by completing websites in considerably less time than our competitors. And because our software is so easy to use, we are also able to effectively train our clients in less than half the time it takes our competitors. Our training program is customized based on each client’s needs, and we provide hands on training the way you want it - either onsite or off site through web conferencing tools. We pride ourselves on the skills of our support staff, who are responsive, knowledgeable and helpful. Our online support portal is available 24X7X365 for issue tracking and management. We also provide phone and email support during regular business hours. Did you know? Our technical support staff are trained developers. When you call for tech support, you’ll be speaking to staff with direct knowledge of development! 122 Company Profile FOUNDED 1995 HEADQUARTERS 150 Kirts Blvd. Troy, MI 48084 PHONE 248-269-9263 WEB SITE www.revize.com Revize Software Systems was founded in June, 1995 as a "new media" development company specializing in the creation of interactive web design, multimedia content delivered on CD-ROM, and video production. Since then, Revize has made an unsurpassed name for itself in the web/internet industry as THE master of government website design, which remains our specialty. We now boast more than 1,800 clients in North America and have created acclaimed website designs for hundreds of municipalities and counties, as well as government departments and agencies. In September, 1996 as the Internet was becoming a world-wide reality, Revize began developing a Web Content Management System (CMS) for the government market to enable non-technical contributors to quickly and easily update content on their websites. The result was the creation of our state-of-the-art Revize Government CMS. Our mission has always been to enhance the communications of government organizations nationwide with their varied and valued audiences. This is based on our vision statement, which reads: “The empowerment of people through simplified information management technologies.” Focused exclusively on creative web design, government web apps and content management technologies, Revize continues to invest in its technology, continually adding new capabilities and features that manifest our vision. While many 123 municipalities choose Revize to develop and cost-effectively manage their website content, clients also use Revize as an information-sharing platform. Our suite of Revize Government web-based solutions has proven valuable as a powerful technology that empowers clients to build and maintain sophisticated web sites, all while using the Internet and internal Intranets/Extranets to acquire, analyze, process, summarize and share information – ensuring that the right people always have the right information at the right time. “We are proud of our award winning web designs, technologies, continued innovations to build government centric modules and apps, web content management, training and support capabilities. We are especially proud of being recognized as one of the industry’s top government website experts and innovators. We are committed to pursuing the continued evolution of all our services to provide increased value to our government clients.” Did you know? Revize has won national awards for our websites! 124 Project Examples and References The City of Arcadia, California www.arcadiaca.gov Horizon Interactive Award Winner Details: The City of Arcadia, California chose Revize because they wanted a website that stood out from all of the others in Los Angeles County. In this site, we built unique designs for the city, recreation department, and library. Each one has its own unique look and feel while maintaining the brand. This site also includes our proprietary “curated search” feature. This feature puts you in control of the search results on the site. You get to decide which results display based on the search criteria your users input into the search. This allows them to find the results they are looking for instantly! 125 The City of New Bern, North Carolina www.newbernnc.gov Details: New Bern, North Carolina wanted a design unlike any City out there. With this design we pushed the limit of what people think when they see a City website. We integrated a drone video that plays on the full width homepage. In addition, this site features more scrolling than you may notice on more traditional websites. That is a good thing! Users are now, more than ever, viewing websites on their hand-held devices. Some estimates say this is as high as 60% of all internet usage! With more scrolling we are able to give the user a lot of information, without having to squeeze it into such a small space. We use images, icons, and interactive features to create an experience for the user. This type of design also allows us to extend the City’s brand in a way that is unmatched in the industry! 126 Tipton County, Tennessee www.tiptonco.com Details: Tipton County is located on the Mississippi River north of Memphis and is one of the fastest growing counties in the state. Because of this fact, the website needed to refocus its attention. In addition to resident services, this website has a focus on economic development. To achieve this, we started off by integrating a drone video. That video instantly showcases the growth in industry that Tipton is experiencing. As you scroll down the website, this business-friendly atmosphere is intertwined with resident engagement features. Each department has their own icon that is used to identify them uniquely. The interior pages have distinctive features that make them stand out as if they were stand-alone websites. With its service for residents and its appeal to the business community, this is the next generation of government websites. 127 The Village of Glencoe, Ilinois www.villageofglenceo.org Details: The Village of Glencoe is beautiful community on the shores of Lake Michigan just north of Chicago. This website brings together an amazing design with a full suite of web apps to engage Village residents. Smooth transitions from the home page to interior pages of this website allow users to find exactly what they are looking for easily. The Revize Public Service Request App, Village Manager’s Blog, fillable online form database, and a high traffic featured news and headlines area round out this website! 128 The City of St. Petersburg, Florida www.stpete.org Details: As Florida’s 5th largest, St. Petersburg is an iconic City with something to offer everyone. Because St. Pete is a longtime Revize client, their team worked very closely with ours and actually provided their own design concepts. We did the integration/pre-launch work and their staff was with us every step of the way. Inner pages are flexible to allow departments to have dedicated pages with a cohesive feel across all pages. Social media feeds from Instagram, Flickr, Facebook, Twitter, and YouTube all on the homepage! St. Petersburg also users the Revize API to develop their own templates. This website is an elite representation of the power and beauty of the Revize process. 129 City of Des Moines, Iowa www.dsm.city Details: The City of Des Moines, Iowa came to Revize for a website that was completely different. Coming from an internally developed site, they wanted to work with a vendor that could lead them to a new way of interacting with their users. Page layouts were created to allow unique interaction with the City. This included board listings, Q&As, interactive park directories, plain language, and a resident focused navigation. We also incorporated some of their internal databases and features that had been built internally. This site improves the online experience for residents, business owners, and visitors! 130 City of Largo, Florida www.largo.com Details: Largo, Florida wanted a website like no other. Through a collaboration between the city marketing team and Revize, we were able to create this award winning website. Each page in this website was designed to uniquely fit the needs of the community. We also built unique designs for the city parks, library, and theater. The navigation within this site is built based on services rather than department silos. Overall this website brings together an amazing mix of design expertise and functional clarity to create a great user experience! 131 The City of Troy, Michigan www.troymi.gov Details: The City of Troy wanted a website to increase ease of communication to all of their audiences. In addition, the city has been experiencing an economic resurgence particularly in the technology sector. In fact, Revize headquarters are in the City of Troy! This project included custom designs for The City, Library, and Recreation Department. Integration with the City’s existing 3rd party software was a major linchpin of this project. Included is a live-searchable “How Do I” section that narrows down results as the user is typing. This allows any user to easily find what they are looking for regardless of which department it exists under. 132 Government Account References Craig Kelly, Public Information Officer Office: (972) 516-6016 Email: craig.kelly@wylietexas.gov Website: www.ci.wylie.tx.us Shawn Anderson, GISP Director Phone: (901) 476-0234 Email: sanderson@tiptonco.com Website: www.tiptonco.com Keith Wilson, IT Manager Office: (770) 974-8844 Email: kwilson@acworth.org Website: www.acworth.org Michael Bruckner, Assistant to the City Manager Office: (626) 574-5433 Email: mbruckner@ArcadiaCA.gov Website: www.arcadiaca.gov 133 Similar to Utah.gov, your landing page will include our curated “Smart” search feature feature that you see on this site https://www.arcadiaca.gov/. It’s something we just recently launched and will be rolling it out to sites throughout the year. We put a ton of development work into it to make it the best in the industry. It allows you to decide which search term comes up based on what’s typed in. So you can direct traffic to specific pages on the site (or outside of the site if you want). Rather than being subject to the whim of google/bing. It also allows search terms to still come up based on synonyms and misspellings. For example, start typing something like “Water” into the search and you’ll notice the functionality brings up results for “Water and Sewer.” But, you can also type in “H2O” (a synonym) and the same result will come up. Even cooler though, if you type in “wtr” (a bad misspelling), the relevant result still comes up. So this is a great feature that will allow you to have total control over the search. 134 Understanding of and Proposed Project Approach Thank you for considering Revize as your web development partner. Revize has built websites for hundreds of cities across the U.S. With us, you will get all of the features that you have come to expect from a modern government website. But, where Revize sets itself apart is in taking the next step beyond your expectations. We’ve reviewed the RFP and put a ton of work into preparing this proposal. If selected, Revize will build the city a modern and clean website that will allow citizens to find what they are looking for intuitively and easily. In addition, we will also provide an upgraded look and additional functionality to include our curated “smart search” feature similar to www.utah.gov and www.arcadiaca.gov (see previos page of proposal for more details). We will also include our full suite of apps and modules like an improved city calendar, Public Service Request Systyem, Drag-N-Drop forms, intuitive navigation, and much more to enhance the usability of the website. We will also incorporate our Revize Content Management System, which will utilize a full suite of modern CMS tools. We will host it in highly secure data centers with our innovative hosting protocols. And we’ll support you with our expert tech support team here at Revize HQ! To accomplish this, Revize will provide an in-person or virtual discovery process. Our team will meet with you to review the current website, and set goals for the new website. These meetings will include the city web team, department representatives, city staff, and citizens. From those meetings, we will develop a refined project plan that will summarize key goals and objectives. Next, we will provide 100% custom- designed mockups of the homepages, interior pages, and subsites. We will provide an unlimited number of revisions to those mockups until you are satisfied with the look and feel. After that, we will code out the website, add in our CMS technology, and build out each new website page using our best-practices approach. We will then provide training for as many staff members as you like and work with you to make final tweaks. After that, we will lead the website project through go-live, providing excellent tech support for as long as you are a Revize client! 135 How Revize Helps Set Your Website Apart! First, we will tailor the entire project to the unique needs of your community. Rather than using a cookie-cutter approach, we will use data and research to drive the project plan. It all starts with our project planning and analysis. That process will include in-person stakeholder meetings. We will also implement heat mapping technology to map out where your users spend most of their time and why. Along with online surveys and previous analytics, this information is put together in a written report for your review with our initial wireframe designs. The wireframes will include custom designs for each department. So the data will drive our project process. Beyond that, we do not use the “off the shelf” only approach. While we certainly will implement many “off the shelf” Revize features, they may not stay that way for long. Built into our process is a portion of the project where you can request functional changes to those features. So instead of you changing for us, we change for you. That isn’t it, however. We take it a step further by building custom features into the new website for the city. These are features that are likely something that is a unique need for you but is not available off the shelf. We identify these features throughout the project and build them into your site before the website go-live. Another area of distinction for Revize is post-go-live support. Rather than simply being available for bug fixes, Revize sees itself as your assistant web development team. Therefore, new graphics, photo editing, page template builds, and new features are included at no additional charge. We guarantee rolling updates throughout your relationship with Revize and redesign your website in year 4. We also hold periodic webinars and provide learning opportunities throughout the year. Overall, this is much more than a simple website build. It is an ongoing partnership that aims to make your website the best it can be for years to come. In more than two decades of working with government leaders, as well as through nationwide surveys, we have learned that the key to choosing a website vendor is finding the right balance between experience and innovation. Revize includes both “off the shelf” features as well as customized features. We believe this hybrid approach is the key to a successful website redesign project for the city! 136 Proposed Project Approach Revize: • Revize will conduct a virtual kickoff meeting with the client. (Sample schedule to be provided by Revize.) . • Sample sitemap provided by Revize and site mapping process overview • Online survey creation and launch. Results will be analyzed and reported. • Heatmapping • After meeting, Revize will provide a detailed project plan that assesses key findings and details. • Revize will facilitate a follow-up meeting to review project plan and custom functionality needs via web/phone conference Client: • Before kickoff meeting client is required to register in Revize project portal, complete design questionnaire, upload at least 20 preliminary photos, and provide Revize with a kickoff meeting schedule. • Client representative will be asked to participate in a follow-up meeting to review the project plan 137 Revize: • Within (5) five weeks of the kick-off meeting Revize will provide (1) one custom homepage mockup and up to (3) three basic interior page mockups. • Revize will provide a unique department microsite mockups. • As deemed appropriate by Revize, additional wireframes may be delivered to provide a view of custom functionality or other areas of the site that are of particular importance. (Intended to focus development efforts later in the project.) • Revize will provide revisions to each mockup based on the feedback received from the client. • There will be no limit to the amount of revisions Revize will provide to each mockup. • Web/phone meetings may be necessary between each round of mockups/wireframes Client: • Within (10) ten business days of acceptance of the first mockup, the client shall provide design feedback/change requests to Revize through the customer portal in a single list. Feedback should be what the client website committee agrees to together. Any lists that have requests that compete with one another may result in delays. • Revize will return an updated mockup based on that feedback to the client. Delivery time is dependent upon amount and specifics of feedback. Large lists of feedback may take longer. Depending on the number of rounds, this process can cause delays to the timeline. • When the client considers the mockups final, they will indicate their approval in the Revize project portal • Based on previous sitemap process overview, Client will decide whether they would like to create a sitemap or whether they would like Revize to create the sitemap. The sitemap should be provided in an excel or word format. Existing pages that client wants to be rebuilt in the new site should be linked with the correct URL and any notes for functionality of the new page. New pages should include a page name and brief description of the page functionality (e.g., freeform page style, staff directory, document center, etc.) (Next steps cannot begin until main client homepage mockup is approved.) Phase 3 begins on next page 138 Revize: • Mockups will be developed into HTML pages making them clickable and resizable. • Following HTML Development, Revize will add in the Revize Content Management System which makes the website easily editable. • Integration of any 3rd party software will begin during this phase Client: • There are zero major tasks assigned to the client at this stage of the project. But, this is an ideal point of the project to be working on a final sitemap and begin writing any new content. Content can be written in MS-Word and provided to Revize. Or, added by the client directly into the beta website after phase 7. Revize: • Revize will review all developed assets for functionality. The development team will review functionality, style sheet, and formatting checking for errors and verifying that site matches approved design mockups. • Any custom needs identified earlier in the project will be executed during this phase and tested for quality assurance. • ADA programming and beta site review with the client Client: • Much like phase 4, phase 5 does not require much involvement by the client. However, Revize may request an online web meeting to discuss the progress of particular custom development. • The client may also be asked to review/approve changes that are suggested by Revize for accessibility reasons Phase 7 begins on next page 139 Revize: • Revize will deliver a suggested sitemap, in Excel format, for the website prior to this phase (Unless the client has chosen to create their sitemap). Client and Revize will review and provide updated versions for approval. Pages will be built out one-by-one according to this previously approved sitemap architecture. Pages that are not linked in the sitemap will be created as blank pages. • Migration includes up to all webpages, documents, and new content up to the relevant amount on the current website. Client: • To avoid delays, the client should plan to approve a sitemap before this phase. • Any new content that the client would like Revize to add into the website should be provided either directly from the old website, or in an MS-Word like format. Otherwise, the client will have the ability to add new content before go live. • After migration, the beta site will be provided with built out pages and content for review. 140 Revize: • Revize will conduct a review of the beta site followed by a core team training (smaller group). • After the beta site review, the client may request tweaks to the functionality of the website. • Revize will conduct a separate full staff training for all CMS editors virtually. • The training schedule will include editor training, and administrator training with a question and answer period. • Results of the user experience testing will be provided to the client for review. • Any change requests will be reviewed by Revize for feasibility and scope conformance before they are completed. • Revize will conduct meeting with client IT department before go live to discuss the process and establish pre-go-live checklist (e.g. SSL certificates, redirects, subdomains, etc.) • Retraining is available anytime after Go Live. Client: • Through the project portal, the client should provide a date and time to conduct beta site review and training. • After training, the client will complete any final content polishing. This may include adding in different header photos, post migration content, or basic tweaks. • The client may also request functional tweaks to the site based on their review or results of UX testing • The client should provide a list of pre-go-live questions to Revize for review and discussion. • When ready for the site to be pushed live, the client will make a request in the project portal at least 48 hours before desired go-live time. Revize will provide the go-live instructions before that time. 141 Revize Organization Chart 142 Why Choose Revize? We Have Government Specific Experience and Outstanding Client Testimonials You can rely on Revize and our 20 years of experience building and maintaining websites for municipal, county and government agencies of all sizes throughout North America, to deliver a customized site design that improves layout, navigation, usability and content. Using Revize ensures that your website will be reliable, W3C and ADA compliant, and allow for easy integration with existing or future web applications and third-party software. But there’s no need to take our word for it -- we encourage you to peruse our massive file of testimonials from our many satisfied clients. We Will Build a Government Communication Center that Works for Your Community! The Revize website design, Government CMS and interactive tool sets have been developed exclusively for our government clients to help them effectively communicate with their key target audiences such as residents, businesses and visitors. Some of our most popular website and Government applications and modules include: a new and improved Online Calendar, the comprehensive Forms Center, our News Center with real-time social media connectivity, Emergency Alerts, E-Notifications, Citizen Request Tracker, Parks & Shelter Reservations System, Document Center, and Online Payment Portal. “We Build Superior Technology into Every Website with CMS Performance & Reliability That’s Second to None.” 143 What sets Revize apart from other companies? Revize’s superior technical architecture, unsurpassed staff expertise and highly effective publishing engine provide our government clients with the most reliable website solutions in the industry today. By ensuring our client’s data security and providing redundant server architecture and back-up data centers, Revize has a nearly 100% up-time rate. Plus, our clients never have to worry about data loss or data corruption because of our instantaneous back-up process and our data center’s tape back-up processes. Revize believes that investing a higher percentage of our profits into our technology and security makes us the best choice for the short and long term for governments seeking the best value for their community’s website. “We Always Provide Knowledgeable, Friendly and Responsive Service!” All this, and a reliable IT partner too! Our website development is superior, and our Government CMS and suite of online apps is easy to learn and administer, but our 24/7 technical support will also be there for you to help you get over the hurdles! Our technical support team is widely considered to be among the industry’s best. We also provide a sophisticated backup infrastructure which allows us to guarantee 99.99 percent uptime. Plus regular updates and improvements to ensure that your site will remain current with industry standards and keep running smoothly for years to come. The Client Owns the CMS License and the Code! We often hear the question: “What happens if we want to move the website to another vendor? Do we lose all access or any of our website data?” The answer is 100% NO! As our client, you own the template source code, the CMS, and any data that you put onto the website. We understand that clients may come and they go, but we always make sure they know they are just as important to us at the end of our tenure as they were at the beginning. If you decide to run the CMS in your own server, we can transfer the CMS license and software to your server as you own the license and you can run it from your server as long as you want. 144 Top Ten Reasons Why Revize gives you the Greatest Value! • Modern, timeless and unique website design integrated with online Government apps • On-time delivery • Competitive pricing • Responsible stewardship of the organization’s stakeholders • Full functionality to update and manage your website • All the tools/apps needed to increase communications with citizens • An easy CMS to train employees quickly • Extended phone and email support • Unlimited Upgrades: Revize provides unlimited FREE upgrades to new and existing modules at no additional cost to you. • Unlimited Upgrades: Revize provides unlimited upgrades to new and existing modules at no additional cost to you. Once you invest in Revize, you will receive free upgrades and feature enhancements for life. “The Revize responsive website design is second to none for us providing an excellent experience for the growing number of residents, visitors and businesses accessing WylieTexas.gov on mobile devices. Our website’s progressive look captures the vibrant culture of our community. — Craig Kelly, Public Information Officer, City of Wylie, TX Did you know? Revize CMS is one of the most advanced CMS in the government web design industry with over 15 years of development. 145 Awards & Accolades “The project was a collaboration between Revize, who understood our vision and had the technical expertise to make it happen” - MaryLee Woods, Deputy Chief Information Officer for the City 146 The Revize Solution Project Planning and Setup What makes Revize unique in its project approach and experience is our thorough preparation for each individual community combined with the range of website deployments and creative, customized fit we implement for each client. From small to large, rural to urban, the Revize project management process guarantees a perfect fit between the concept of the deployment and the expectations of the client’s level of engagement preferences. We don’t use a “one size fits all” approach because it doesn’t make sense. However we do use a standard, proven effective process methodology. Each client is unique and we tailor our process to fit their unique needs. For as long as you are our client you will have staff dedicated to your account and access to an on-line portal for communication, design process and on-going support. Dedicated Accounts Manager: Your dedicated Account Manager will handle all issues related to your contract, pricing, future product add-ons, and general account satisfaction. During the initial kick-off meeting, your Account Manager will introduce you to the team, explain roles and responsibilities, and place you in the very capable hands of your Dedicated Project Manager and Designer. Dedicated Project Manager: Your dedicated Project Manager will handle all issues related to the website design, development, navigation, content, training, timelines and deliverables, as well as ensuring that feedback and communication occurs promptly in order to keep the project on-track. Also, the dedicated project manager will be the point of contact for any future technical support or issues that need to be addressed during the deployment and post deployment of the site. 147 24/7/365 Project Portal Access: From day one, your project and on-going support is tracked in the Revize On-line Project Portal. The main point of contact you select for the project will receive an invitation to register, including setting up a secure user name and password. The Project Portal serves as a communication tool for any matter pertaining to your website design, development and on-going support even after your website is launched. “We guarantee the best support in the industry that’s 24/7 365 by the trained developers & technicians” Did you know? Revize will provide a project portal that allows you to check in on the status of your project at any time! 148 Revize Project Life Cycle Phase 1: Initial Meeting, Communication Strategy, SOW Your Revize Account Manager will set up the initial internal project planning meeting where we will talk about the overall management of your project, establish a timeline, and devise a Revize-Client Communication Strategy that will keep everyone engaged and up-to-date on the progress of the project. We will also discuss specific technical requirements of the project and determine the phases through which those requirements will be addressed. In addition, Revize will address the content strategy of the new site, any new content that needs to be written and how to fit the existing content into the new site, Additionally, as an optional item, Revize will discuss the process of conducting online surveys to gather feedback from your constituents for the new website layout and requirements. After this meeting, Revize will develop a Statement of Work and provide it to the client for review and approval. Prior to the design kick-off meeting, you will receive our questionnaire to complete with various answers that will help our designers gather information regarding your needs and preferences. Our team will also brainstorm ideas and suggestions with you during the meeting. The questionnaire addresses various issues such as: • As a result of a new website design and navigation, what are the main improvements you hope to achieve? • What are some key points and areas you may want featured on the Home Page? • Do you need help with logo design? Image? Marketing & branding? • What key modules do you want featured in your web site, like Document Center, Report a Request, News & Events, Events Calendar etc. • Do you need social media features need to be highlighted in the new site? etc.. Phase 2: Discovery & Design If there is client approval, we will collect feedback from the residents on the new design layout by setting up an online survey with a set of standard questions. The survey questions need to be approved by the client prior to our adding a link from your current website. This link can also be distributed through other channels like email, newsletter or any other form of communications you might be using to stay in touch with your residents. Usually there is a 1- to 2-week survey period. 149 Once survey results have been tabulated and your needs have been determined, you and your Revize team will participate in a Design Kick-Off Meeting. A senior designer and team will conduct an in-depth interview, and brainstorm ideas with you about your vision for the look and feel of your custom website. Our efforts on this project will extend far beyond placement of provided information within a stunning design. It’s about uncovering how your audience wants to be informed, and applying our 20+ years of web design and development expertise to create the most effective ways of displaying that information and getting users to access and use your website. We always strive for nothing less than an award winning design! Revize Design Principles The Revize Web Application Developers are not only responsible for the look, functionality, and performance of your website. They are also responsible for the security of the web content and web-based applications they create. They ensure that the code supports secure authentication and authorization, and provides access control mechanisms as required. Good design principles are always based on readability, taking into consideration appropriate font type and size for headlines and text area, as well as line height – ensuring all page elements are balanced. Our designers also pay meticulous attention to their use of shadows and gradients. To the layman’s eye there may not appear to be a shadow, however on the website the font will appear sharper (or maybe softer depending on the amount of shadow used). Of course color cannot be overlooked. Our designers first take the client’s preferences, official logo colors, and pictures into consideration to create a color scheme consisting of no more than three colors. We then use variants and hues to create visual appeal, contrast, eye-catching allure and invoke the overall feeling that the client desires. Last but not least is effective use of page elements such as call to action buttons, social sharing icons, email newsletter sign-up, and promotion areas. The ultimate goal is to provide an easy to navigate webpage that is informative without being overwhelming. Therefore, it is the designer’s job to guide the client in making appropriate placement choices for needed items. 150 Revize Design Trends There are some exciting new design trends, and Revize is always on the cutting edge, implementing the best of these innovations in our websites. We are especially pleased at how effectively they are proving to be in increasing engagement in government websites. #1 Responsive Web Design – The most important development in website design in years, Responsive Web Design (RWD) automatically conforms and optimizes websites for any screen size. With the substantial increase in smartphone and tablet users today, people are going online using a vast number of devices with wildly different screen sizes. Our websites offer this very important feature of easily and cleanly conforming to computer, tablet and mobile device screens. #2 Liquified Content – This is another important trend that address the fact that information is no longer static or concrete. Instead, content is specifically customized for each unique user. Liquidity of content enhances the immediacy and flexibility of content. The more liquid your community’s content, the easier it is for residents and businesses to access this information in ways and via the channels of their choice: fixed or mobile, interactive and live. Revize is able to effectively make your content liquid. This will make it adaptable to various situations and, therefore, easy to reuse in different contexts distributed for a variety of display formats and communication channels. #3 Image Tiles – This is a trend that enables developers to display content in a pin board style of display. Revize now offers this feature, which creates a very visually appealing display of content, such as pictures or social streams. Image tiles also help promote engagement by encouraging site visitors to comment or reply to items from directly within the image tile. This is an especially useful option for web pages promoting tourism. #4 Parallax Scrolling – This is a highly advanced, innovative design technique for sophisticated websites. Parallax Scrolling allows Revize to build websites in multiple layers, with content that moves across the screen at different speeds as visitors scroll. This unique design technique is very visually engaging and can help improve time-on-site metrics. 151 #5 Innovative Typography – This plays a very important role in website design, image and branding, and is especially important for maximizing the look and feel of the website when accessing it from mobile devices. Our designers are experts in effective typography and take many factors into consideration when selecting the type of fonts, font sizes, and colors to be used for a website. #6 Social Feeds – With the proven ability to strengthen and deepen interpersonal connections, social networks present a wonderful opportunity for government organizations to increase community engagement and make governments more accessible to the people they serve. One method already mentioned for improving social activity is using pin boards; another is creating a social area or social wall that combines activity from multiple social networks, like Facebook, LinkedIn, YouTube and Pinterest. Revize offers a comprehensive line of popular social media applications and networking. “Over the past 20 years, Revize has mastered the art of designing government websites.” Key Phase Objectives & Deliverables: The following steps are followed while designing new sites • Establish Needs and Creative Direction: Understand your objectives and requirements, and provide recommendations for effective online branding pertinent to your requirements, existing branding and your web audience’s needs. The Revize designer will also conduct his own research in order to capture the character and “feel” of your area, which will inspire ideas for the overall 152 design direction of the website. • Main Menu Navigation & Home Page Wireframes: Work with you to establish a main-level navigational architecture and identify key items accessible from your home page. This establishes a baseline for the navigational structure, as well as the preferred content structure (wireframe*) for the home page. • Page Layout and module placement: We will follow all the best practices to layout the different features and modules so that they can be easily accessed by your residents. For example, on the home page there will be sliding picture gallery and quick link buttons for Notify Me, Report a Concern, Document Center, FAQs etc. Also the news and announcements module and events calendar would be integrated into the website, along with the Social Media Center. Did you know? Revize will provide a 100% from scratch design with a satisfaction guarantee! Please Note: The home page “wireframe” will simply serve as a realistic guideline in terms of content placement, but will not include the final text nor final imagery for this phase. Please see a sample wireframe to concept development snapshot in the next page. 153 Wire Frame to Concept • Design Deliverable: The design concepts for this phase will be based on one or possibly two home page layouts. The client will review and provide design feedback to the designer for changes. Revize asks that clients have no more than three iterations of changes up to the point that the final concept is approved. • Final Home Page Sign Off: When all changes have been made, Revize will present your final home page design and layout for approval. Customer approval is required to proceed to the next phase, the inner pages of the website, and the process repeats itself before the actual HTML & CSS is written. • Final Inner Page Sign Off: When all changes have been made, Revize will present your final inner page designs and layouts for approval. Customer approval is required to proceed to the next phase, when the actual HTML & CSS is written. 154 Phase 3: Template Development, CMS Integration First, the Revize development team will transform the approved designs from mere pictures into fully-functioning HTML/CSS and Revize Smart Tag enabled web page templates using the Revize Dreamweaver Extension. The Revize Smart Tags are fully customizable and allow customers to expand functionality as needed. To maximize this extensibility, the full Revize Java API is provided to clients with our Advanced Training Program. Phase 4: CMS Modules Setup In this phase, all of the features and modules the client has requested will be set up, e.g. calendar, document center, picture galleries, alert center, e-Notify, etc. are all brought to life and made functional while also being tested in the Revize CMS. Revize enhances current modules and adds new modules continuously, and you will receive all future updates to modules at no additional cost. Phase 5: Custom Functionality Development & Quality Assurance Testing In this phase and according to your specifications, custom functionality of existing CMS modules, database scripting and programming, as well as any custom application development will be executed. The Revize development team will be interfacing directly with your technical staff to obtain information and test information exchange and application functionality. This phase may overlap phases 2 – 4. In our testing phase, we ensure that your website meets functionality, performance and security standards. Our QA team uses mock data to test navigation and interfaces of the templates, along with any custom developed applications or modules. Additionally, through a series of tests, we perform input validation to ensure that security mechanisms cannot be bypassed if anybody tampers with data he or she sends to the application, including HTTP requests, headers, query strings, cookies, and form fields. We also ensure that when errors do occur, they are processed in a secure manner to reduce or eliminate exposure of sensitive implementation information. 155 Phase 6: Content Development / Content Migration Revize will develop all of the pages for your site to make the initial content available upon site deployment. Our content development and migration experts use the latest standard formatting practices to develop the navigation and create the most effective content possible for your website. This includes spelling and style corrections into the new website. There are no limits to the number of pages you can create after you have gone through training. Revize will implement an effective website architecture with the latest technology and usability trends so your website visitors can find information in an instant. We will also assess your current website content and incorporate what you currently have with additional content to maximize interest and excitement for your readers. Our content experts are educated in proper writing and terminology, and will use correct grammar, spelling and punctuation. Our web designers use creative typography which makes the website more visually appealing and also plays a role in defining the hierarchy of content to be placed on the web page. Variations in size and color are used, as well as strategic placement on the page to highlight certain site areas so the visitors can easily navigate the site. Effective typography also ensures that your website will look good on desktop, laptop, mobile and tablet devices. Phase 7: Training Your Staff (in-person or web based training) Once your website is ready for you to begin editing, you will be able to easily revise your content as often as needed. Revize will train you on how to operate the Administrative and Content Editor functions so you can manage your website. We typically provide this training on-site; however, we can also provide on-line training for your staff if you prefer. For your convenience, training materials can be downloaded from the Revize website. After training, our friendly and responsive 156 support staff is always here to answer questions and provide training refreshers as needed. Standard Training Agendas Basic Administrator Training (How to) • Sign-in • Create users • Assign roles • Set page level permissions • Set section level permissions • Configure and set up workflow approval process Content Editor Training (How to) • Sign-in • Edit page content • Copy/paste content or add new • Create a file link • Create a link to another web page or external web site • Create a new page and link to it • Insert/update a picture • Insert/update a table • Spell check • Save and Save as Draft • History of the page content (content archive) • Create a survey form or any other type of online web form • Create navigation pages (top/left menus) • Create new calendar and create/edit calendar events • Edit metadata Advanced Administrator Training (How to) • Run back-end reports • Run Google Analytics reports Training on use of specific Modules included, such as • Emergency Notification Center • Public Service Request App • Web Calendar • E-Notify • Quick Links • Document Center 157 • Form Center • News Center • Frequently Asked Questions • Request Center • Bid Posting Center • Job Posting Application • RSS • And more…. Revize Maintenance Covers • 4 CMS upgrades per year • Software and modules upgrades (Automatic Install) • Server Hardware & OS upgrades • Immediate bug fixes/patches • Round the clock server monitoring • Data Center network upgrades • Security and antivirus software upgrades • Firewall and router upgrades • Bandwidth and network infrastructure upgrades • Remote backup of all website assets • Tape backup of all website assets • Quarterly newsletters on major feature updates • Regular Webinars on CMS features and usage Did you know? Revize has launched hundreds of municipal and county websites large and small! 158 Phase 8: Final Phase: You Go Live! At last, your website content is complete and your staff is sufficiently trained! The final phase in the process is to redirect your website domain name from your old site to your beautiful new one. Once this is completed, Revize will closely monitor the transfer for the first 24 hours to ensure that everything is working properly. Any issues that arise will be immediately resolved. Marketing & Ongoing Consultation Revize seizes on every effort to make our clients’ sites highly visible. We draft press releases for posting on our website and for distribution locally, and will continuously monitor your site after it goes live so that you can take advantage of all marketing opportunities. We also look to submit your site for different awards and recognition competitions to further maximize your site’s exposure. Search Engine Registration and Marketing Revize will input all the targeted keywords to make your web pages search engine friendly, thus enabling users to find targeted information when they do a Google, Yahoo or any other search on your site. 159 Revize Cloud Hosting, Disaster Recovery, & Security Resilient Hosting: Revize uses Amazon Web Services (AWS) Hosting Infrastructure that is offered in multiple Regions in the United States and around the World. Each Region is a separate geographic area completely isolated one from another. AWS Regions are connected to multiple Internet Service Providers (ISPs) and to a private global network backbone to offer lower cost and more consistent cross-region network latency when compared with the public internet A region has multiple, isolated locations known as Availability Zones (AZ). Availability Zones are inter-connected through low-latency links. A Virtual Private Center (VPC) spans across multiple availability zones. Revize Web Sites are hosted on a Virtual Machine running Windows Server operating system with Internet Information Service (IIS) as a Web Server. Virtual Machine is an EC2 instance in AWS terms is hosted inside a VPC in an availability zone of a pre- 160 selected region. A number of EC2 are provisioned in multiple locations across the United States inside a Virtual Private Center isolated from the Internet and the rest of Amazon Web Services infrastructure to offer faster access to the end-users and to minimize the impact of an outage, whether of a specific EC2 instance, an availability zone or an entire AWS region. Disaster Recovery: Windows Web Server virtual disk or EC2 Elastic Block Storage (EBS) is backed up on evry night at 10 PM EST. Additionally, the snapshots or virtual disk backups are subsequently automatically copied between regions to enable cross-region recovery capabilities. Should a Web Site hosted by Revize and monitored in automated fashion become unavailable, another EC2 instance can be restarted. When that proves insufficient EC2 instance will be reprovisioned in the same availability zone, a different availability zone, or, in a different region using the latest snapshot in the matter of a couple of minutes. The incoming request, from the Internet traffic, is bound to a static IP address or Elastic IP in AWS terms that leverages NAT to forward traffic to a running EC2 instance private IP address. In the case of an EC2 instance re-provisioned in the same region, whether in the same or a different availability zone, Elastic IP is re-assigned to the new EC2 instance. Elastic IP is represented to the public internet using CName or A-Host domain name services entry. In case of an EC2 instance or an availability zone failure, no adjustment to domain name service is required. In the case of a regional, wide-spread AWS outage, an EC2 instance is reprovisioned in a different region, re-using the latest snapshot preserving the content as of the last automated backup. However, an Elastic IP is specific to the region and, therefore a change to CName or A-Host configuration is required to point to the disaster recovery regional Elastic IP. 161 Revize Disaster Recovery Infrastructure Diagram. AZ stands for Availability Zones 162 Security Revize takes website security very seriously and we provide our clients with the very best website protection protocols. Our data centers are located on secure premises equipped with card-reader access, security cameras and guards on duty 24/7 to ensure the physical protection from unauthorized entry. Revize/AWS complies with SOC 1/ISAE 3402, SOC 2, SOC 3, FISMA, DIACAP, and FedRAMP, PCI DSS Level 1, ISO 9001, ISO 27001, ISO 27017, ISO 27018 and other programs. Revize is responsible for securing the content, access to the content on the web server, to snapshots, configurations and infrastructure as a whole. Our web and network administrators monitor network activity 24-hours-a-day to ensure system integrity and protection against threats such as Denial of Service (DoS) attacks that could corrupt your website or block user access. Maintaining the secure configuration of our web servers is managed through application of appropriate patches and upgrades, security testing, vulnerability scans, monitoring of logs, and backups of data and OS. 163 Security Controls, SSL, and Active Directory (LDAP) • Anti-malware software such as antivirus software, anti-spyware software, and rootkit detectors • Shield Plus Security Bundle to prevent DDoS attacks • Intrusion detection and prevention software (such as file integrity checking software) • Host-based firewalls to protect CMS servers from unauthorized access • Patch management software • Security and Authentication Gateways • Content filters, which can monitor traffic to and from the web server for potentially sensitive or inappropriate data and take action as necessary • HTTPS (Hypertext Transfer Protocol over SSL), which provides encryption and decryption for user page requests that require more secure online transactions • SSL (Secure Socket Layer) provides an encrypted end-to-end data path between a client and a server regardless of platform or OS • If you have an existing SSL Certificate we can transfer it to the new website. Otherwise, if included, we will install a new SSL Certificate upon go live. • Active Directory (LDAP) is compatable with the Revize CMS. It can be set up in a variety of configurations. As part of the process we will work with you to determine which configuration will best meet your needs. Application Security Authentication • Role-Based Security: Role-based authentication to add individual user accounts and assign them system roles like Editor, Developer, Administrator, Workflow Approvers, etc., or department roles and empower the department to assign specific roles to users. • Permission-Based Security: Ability to set up Content Owners/Editors and restrict which site pages they are authorized to update ▪ Global & Department Workflow Management: Create workflow management and approval processes where authorized department personnel become approvers Did you know? Revize will host your website and CMS in at least two completely separate geographic locations! 164 Maximum Response Times • 1 hour for crisis issues • 4-6 hours for critical issues • 24 hours for normal issues Revize Support • 8 a.m. – 8 p.m. EST Phone Support (Monday thru Friday) • 24X7X365 Portal & Email Support • Dedicated support staff to provide assistance and answer all questions • New and existing user training • Training refreshers • Video tutorials and online training manual • Automatic integration of enhancements • E-Newsletter module support • Automatic upgrades of CMS Modules such as Calendar, Document Center, etc… Software Maintenance Revize rolls out two new versions of the Revize CMS, and six to eight product updates every year. The Revize CMS is continuously enhanced to keep pace with cutting edge technologies and industry trends. When a software update or new version is rolled out, Revize will automatically update all servers used by our subscription service clients. “As a Revize client, you will receive full access to all enhancements to the core components and modules in the Revize CMS at no additional charge.” 165 Revize Website Analytics Revize has Custom APIs for Google Web Analytics that is integrated in each of our client’s websites. Analytics makes it easy to understand how your site and app users are engaging with your content, so you know what’s working and what’s not. Revize CMS dashboard for Analytics provides an overall picture of how residents are interacting with your site, which pages/documents are being viewed most, how much traffic you are getting in your site across different geographic regions etc. You can filter and download all sorts of analytics reports for your IT Team and Management to analyze the data and effectiveness of your website content and services offered. Below is a graphical view of our analytics dashboard interface, the data shown is for our own website but this will be replaced by your site data when it’s integrated. 166 Revize Technology Architecture The Revize Government CMS is a standards-based, open architecture software product without any proprietary restrictions. Revize uses leading technologies to avoid integration problems with existing systems and comes complete with its own Integrated Publishing Engine, Embedded Relational DB, JSP/Servlet Engine, and Application Server. Revize Intelligent Publishing WCM “Security, Performance, Redundancy” 167 Revize Project Team Revize understands the importance of having a talented and experienced staff. We are proud of our well-respected team of top notch experts in the field of government website design, development, analysis, content management, training and support. From the first creative concepts through to the design phases, and from site launch to training of personnel and continued support of your website project, we have the right group of seasoned professionals to work with you through the website process and beyond. We are pleased to introduce them: Thomas Jean As a project manager, Thomas has managed award winning website projects for our clients including Des Moines, AI – Arcadia, CA – Largo, FL - Oswego County, NY – Kentwood, MI! Thomas has brought to Revize a very special skill set. Not only does he manage some of our highest priority projects, he is also a genuine subject matter expert when it comes to the inner workings of government. As an elected Township Trustee in a Michigan Township, he knows the advantages that come with modernizing the way government does business. Additionally, he serves as President of a non-profit organization, Genesee Forward, that promotes community development. With his unique background and education from one of the nation’s top universities, Thomas has managed nearly Thomas is uniquely experienced to give an honest and accurate assessment of your community’s website needs. • Philosophy: Learn as much as possible about our clients and use that knowledge to help build an amazing website. • Education: BA degree in Political Science from University of Michigan; • Expertise: Government procedure, special projects, public affairs, community development. • Role on your website project: Project Manager 168 Joseph J Nagrant Joseph is an accomplished professional internet and website design consultant with more than 20 years of successful business development and account management leadership experience. He has worked with well over 400 townships, cities, counties, educational institutions, companies, and non-profit organizations. He’s a foremost expert in translating technical solutions into compelling living websites and other online community building opportunities. Additionally, he is a board member for Mott Community College (Flint, MI) MTEC Center, IT Advisory Council, Education Advisory Group. He also participates in many government discussions regarding the Internet for government use, including being a frequent guest on WDET (NPR) public radio and in The Detroit News. He has an excellent reputation for building and sustaining effective, long lasting client relationships. • Philosophy: “Put yourself in the client’s shoes and do what is best for them.” • Education: BS in Electrical Engineering, Lawrence Tech University, MS in Business, Central Michigan University. • Expertise: 29+ years of project, sales and marketing experience with government, education, corporate, and non-profit organizations. • Role on your website project: Supervisor of account management between client and project team. 169 Ray Akshaya Ray has 20+ years of extensive technical experience with internet and website solutions. He has worked on hundreds of government, non-profit and educational websites and has a keen eye for web visitor requirements, information architecture, and usability. He is also a long-time veteran of Revize Software Systems and our clients enjoy working with him. In his career, he has deployed and/or assisted with technical solutions for more than 500 websites. When working on a project, Ray always visualizes himself in the client’s chair at the closing stages of the project and makes sure that all decisions made on a project are in alignment with the client’s vision and best practices for developing the system. • Philosophy: “Work Hard, Help People and Live Honest." • Education: MS in Engineering Science, Louisiana State University, Baton Rouge • Expertise: Client Management, Project Management, Technology Development for CMS & Web Apps • Role on your website project: Technical Director Samir Alley Creative Director Samir has more than a decade of experience in managing web site design projects. He has deployed 360+ municipal websites and has a solid background in web design and the latest web technologies. Formerly with Google, Samir is a leader equipped to handle any kind of sophisticated web project. He is an exceptional communicator with an innate listening skill that gives him the ability to understand and deploy a client’s unspoken needs. Samir’s blend of creativity, proficiency, and technical knowledge is unsurpassed in the industry. • Philosophy: “Empathy, Focus, and… Impute” • Expertise: Web Project Management - Adobe Design Premium CS5.5: Photoshop, Illustrator, InDesign, Flash, DreamWeaver, Fireworks, HTML, CSS, CSS3, SEO, PHP, JavaScript, MySQL, JQuery and HTML5. • Role on your website project: Graphic design of website and backup support. 170 Denise Brazier Denise is an educator by nature. Her 20 years of experience in the public school system has made her a master of engaging participants during training. She effortlessly builds effective relationships with all clients. Denise has served as Advisory Counselor, Coordinator, Publicity Director, and Project Manager for several organizations in the education, non-profit and public sectors. She has been appointed to the state’s quality committee evaluating organizational policies and procedures for recognition. • Philosophy: “Always explain things in the terms of your audience to ensure their understanding” • Education & Training: MS in the Art of Education from Marygrove College. Certification in Secondary Education • Expertise: Training, education, teaching, public affairs and project management. • Role on your website project: Trainer for the Content Management toolset and project manager Did you know? Revize will put together a project team based on the unique needs of your project! 171 Revize Government CMS User Interface 1. Revize CMS User Interface Home Page 2. Users simply browse to a page that they want to edit, select the Login button, and then insert their Login Name and Password into a login screen as shown below. 172 3. Edit buttons appear on the page after the Login executes. Based on users roles/permissions, the appropriate buttons are displayed. The input form appears as shown below. Content Editors can change banner, page heading and the content displayed in the center of the page. Notice the content is changed using a “Word Like” editor. After the page is “saved”, the page can be sent to an approver for review or immediately published to the web site. 173 Estimated Costs Grand Total First Year $82,900 174 Payment Options The Revize Client First Plan offers local governments an alternative payment plan that makes it easier to purchase a new website on your budget and spreads the one- time project design and development costs over a longer period of time. Through a minimum three-year contract, The Revize Client First Plan dramatically lowers the one-time project development and start-up costs of launching a new website. What Revize does is combine the one-time and recurring fees and spreading them over the life of the contract. And because we value our continuing relationships with our customers, those who extend their contract beyond the three- year minimum will receive a redesign at the end of their fourth year with Revize Free of Charge. 1/3rd of project costs + Annual Hosting, Support, Maintenance 1/3rd of project costs + Annual Hosting, Support, Maintenance 1/3rd of project costs + Annual Hosting, Support, Maintenance Annual Hosting, Support, Maintenance (Includes Redesign) Revize provides a free website redesign during year four of service! 175 Included Features The Following Applications & Features will be integrated into Your Website: In addition to the Government Content Management System that enables non- technical staff to easily and quickly create/update content in the new web site, Revize provides a suite of applications and features specifically designed for municipalities. All of those apps and features are fully described in the following section. The applications and features are grouped into five categories: • Citizen’s Communication Center Apps • Citizen’s Engagement Center Apps • Staff Productivity Apps • Site Administration and Security Features • Mobile Device and Accessibility Features Citizen’s Communication Center Apps • Notification Center with Text/Email Alerts • Bid Posting • Document Center • Email Notify • FAQs • Job Posting • Multi use Business Directory • News Center with Facebook/Twitter Integration • Online Forms • Photo Gallery • Quick Link Buttons • Revize Web Calendar • “Share This” Social Media Flyout App • Sliding Feature Bar • Language Translator Citizen’s Engagement Center Apps • Citizen Request Center with Captcha • Public Service Request • Public Records Request App • Citizen Connect (Community Blog) • Online Bill Pay • RSS Feed 176 Staff Productivity Apps • Agenda Posting Center • Job Posting App • Image Manager • iCal Integration • Intranet • Link Checker • Menu Manager • Online Form Builder • Staff Directory • Website Content Archiving • Website Content Scheduling Site Administration and Security Features • Audit Trail • Auto Site Map Generator • History Log • URL Redirect Setup • Roles and Permission-based Security Mode • Secure Site Gateway • Unique Login/Password for each Content Editor • Web Statistics and Analytics • Workflows by Department Mobile Device and Accessibility Features • Font Size Adjustment • Alt-Tags • Responsive Website Design (RWD) 177 Turnaround Times Phase Duration Did you know? The project planning process is designed to fit your needs. We will adapt our timeline if your schedule requires. 178 Training Once your website is ready for you to begin editing, you will be able to easily revise your content as often as needed. Revize will train you on how to operate the Administrative and Content Editor functions so you can manage your website. We typically provide this training on-site; however, we can also provide on-line training for your staff if you prefer. For your convenience, training materials can be downloaded from the Revize website. After training, our friendly and responsive support staff is here to answer questions and provide training refreshers as needed. Basic Administrator Training (How to) • Sign-in • Create users • Assign roles • Set page level permissions • Set section level permissions • Configure and set up workflow approval process • Create new calendar and create/edit calendar events • Edit metadata • History of the page content (content archive) • Create navigation pages (top/left menus) Content Editor Training (How to) • Sign-in • Edit page content • Copy/paste content or add new • Create a file link • Create a link to another web page or external web site • Create a new page and link to it • Insert/update a picture • Insert/update a table • Spell check • Save and Save as Draft • Create a survey form or any other type of online web form 179 Advanced Administrator Training (How to) • Run back-end reports • Run Google Analytics reports • Emergency Notification Center • Public Service Request App • Web Calendar • E-Notify • Quick Links • Document Center • Form Center • News Center • Frequently Asked Questions • Request Center • Bid Posting Center • Job Posting Application • RSS • And more…. Revize Maintenance Covers • 4 CMS upgrades per year • Software and modules upgrades (Automatic Install) • Server Hardware & OS upgrades • Immediate bug fixes/patches • Round the clock server monitoring • Data Center network upgrades • Security and antivirus software upgrades • Firewall and router upgrades • Bandwidth and network infrastructure upgrades • Remote backup of all website assets • Backup of entire website • Quarterly newsletters on major feature updates • Regular Webinars on CMS features and usage Did you know? Revize provides free re-training anytime! 180 Revize Support Includes • 8 AM – 8PM EST Phone Support (Monday thru Friday) • 24X7X365 Portal and Email Support • Staff provides assistance and answers all questions • Dedicated support staff • New/existing user training • Free Training Refreshers • Video tutorials and online training manual • Automatic integration of enhancements • E-Newsletter Module support • Automatic upgrade of CMS modules, such as Calendar, Document Center, etc. • Four major CMS upgrades per year • Software and modules upgrades (automatic install) • Server hardware and OS upgrades • Immediate bug fixes/patches • Round the clock server monitoring • Data Center Network upgrades • Security and antivirus software upgrades • Firewall and router upgrades • Bandwidth and network infrastructure upgrades • Remote backup of all website assets • Tape backup of all website assets • Quarterly Newsletters on major feature updates • Regular webinars on CMS features and usage Did you know? Revize updates your Content Management System an average of 4 times per year! 181 Citizen’s Communication Center Apps DOCUMENT CENTER APP Revize helps clients save thousands of dollars each year in employee time and resources with our Document Management Center. Using this module you can create and archive the documents your site visitors need: applications, brochures, manuals, policy and data sheets, research papers, meeting minutes, and more. By providing all of your documents online, your site visitors can access them 24/7 – usually within two clicks -- and you won’t incur any printing or postage costs. FAQ FAQ’s make it easy for site visitors to find answers to common questions and will greatly decrease the number of calls coming into your switchboard each day. In fact, within six weeks of a Revize website launch, our clients typically experience a significant decrease in the number of daily phone calls… some by as much as 23%! 182 E-NOTIFY Many of our municipal clients include an email/text notification option on their Meeting Minutes and Meeting Agendas pages so that interested citizens can sign up for automatic updates anytime there is a new posting. JOB POSTING Revize’s job postings app allows your site visitors to view and apply for open positions online. Postings are removed automatically based on the job expiration date input by your HR personnel. You can provide as much detail as you like and link to or upload any number of files that fully describe the job position. Best of all, with the form fill interface, new openings can be posted in minutes by non-technical staff. 183 INTERACTIVE MAP Not only does the Revize CMS ensure that your site is easy for visitors to navigate, we’ve made it even easier for them navigate the real world surrounding your location. Specific buildings, parks, bike paths, mass transit stations, nearby businesses, tourist attractions, parking lots, voter polling locations, and more are incredibly easy to identify with the familiar Google Maps highlighted with Pins. CALENDAR APP The Master/Sub Calendar provides an easy-to-use tool to enhance usability and encourage the communication of events both internally and externally. It provides visibility and transparency into activities, meetings, and events with a visually appealing display and easy to find event contact information. The ability to insert recurring events saves time by allowing you to create the event once then repeat automatically; great for Board and City Council meetings. 184 NOTIFICATION CENTER You can’t fool or control Mother Nature. But you can protect members of your community from her wrath. Posting e mergency notifications on your home page, any other page, or throughout your site, this module allows your content editor to accurately explain the situation and instruct members of your community on the next steps to take. BID POSTING The Bid Postings App provides a simple and easy-to-use method for organizing and presenting bids, RFPs and RFQs online for vendors or local contractors interested in providing products and services to your community. BUSINESS DIRECTORY Ideal for municipalities, chambers of commerce or any membership organization, this module allows you to easily create and maintain a searchable directory for either members or businesses within the website. Listings can be added, removed and categorized by non-technical staff in a simple table interface. Many of our municipal clients include an email/text notification option on their Meeting Minutes and Meeting Agendas pages so that interested citizens can sign up for automatic updates anytime there is a new posting. ONLINE FORMS Using this module, you can create -- from scratch -- an unlimited number of online forms on any page of your site using various field options such as long answers, radio buttons, drop-down lists, multiple choice, etc. Having online web forms provides a quick and easy alternative for users to communicate with you and provide important feedback, opinions or complete tasks online. These forms can be used to have web visitors contact you with questions, comments and requests, give feedback, volunteer, or to sign-up for various events, activities or programs. 185 QUICK LINKS The Quick Links module allows site visitors to navigate to their areas of interest, much like FAQs. Examples for users: Where do I… Get Registered for Summer Camp Where do I… Get a Marriage License. SHARING APP Provides a one click drop down to multi-social media and utility buttons. A common widget used on the web, it is intuitive and easy to use. SLIDING FEATURE BAR This feature is a mainly for visual appeal. It helps to break up pages with an interesting slide bar that can be populated with any subjects or areas that you want to draw attention to. For example, you may want to feature Parks & Rec, Landmarks and Tourist Attractions. TRANSLATOR Revize integrates the Google Translator into your website templates and translates from English to over 40 other international languages. Provides users a large visual display at the top of the web page to choose any language to convert the text into. 186 Citizen’s Engagement Center Apps PUBLIC SERVICE REQUEST APP This app allows residents to submit requests based on a map view. Each time an issue is submitted, a staff member will receive an email notification. From there they are able to respond directly to the requests. Photo submission, automatic esclation, mobile app integration, and archived reporting make this one of our most powerful features! CITIZEN REQUEST CENTER This app allows customers, residents, participants, students, or any website visitor to post requests online. By the use of a drop down menu, individuals can forward the request, idea, or comment to the party of interest. That item is then forwarded via email to the proper recipient. You can add or delete department names as well as individuals in the drop down menu at any time. Captcha is integrated to ensure each request is genuine and not a spam. PUBLIC RECORDS REQUEST TRACKER This app allows public to order copies of the public records maintained by a municipality. The request is routed to the record custodian within a department and automated response is generated with a unique tracking number. The system allows the full tracking, correspondence and online handling of all types of public record request. The record request form is very flexible and customizable for every municipality. CITIZEN CONNECT This app helps open up the lines of communication between administrators and their constiuents, increasing transparency and contiuent interaction. It is a blog that features the option to allow constiuent comments for feedback (comments can be moderated before being published to the website). 187 PARKS RESERVATION This app allows the display of parks shelters and their amenities and to manage their availability to the public. A website visitor can search for facilities by type available, review the amenities for each facility and easily reserve the facility including the option to pay for its use. ONLINE BILL PAY Allows clients to set-up secure on-line payment processing for credit card transactions. Can be used for utility and tax payments; Purchasing items on-line; or making donations to non-profit organizations. RSS FEED Site visitors will be eating out of the palm of your hand with our RSS feeds module. Revize’s CMS allows customers to generate RSS (Real Simple Syndication) feeds for any genre of news or events. RSS feeds are a trusted way to communicate important information to site visitors while ensuring that they remain engaged with your organization and regularly return to your site. 188 Staff Productivity Apps AGENDA POSTING CENTER Using this app, you can upload agendas, meeting packets, meeting minutes, proposals for review, and more, all into one area on your website for easy access and review before, during, or after each meeting. Old meeting agendas and information are archived per meeting for quick access at any time. JOB POSTING APP This app allows you to post a job and receive resume submissions online. Candidates can fill in all the fields and submit the job application online. Once the job application is submitted, a link to the filled in application form will be emailed to the responsible HR person which they can view, print and file for their records. IMAGE MANAGER Allows approved staff to upload images from their computer or network folders. This very simple interface allows you to upload new pictures and stores uploaded pictures for reuse. Each department can create their own image folders and organize image libraries by department. Also, obsolete images can be deleted from the image library. INTRANET Provides a Dynamic CMS-enabled area with secure login to build out an entire Intranet for employee specific information only. It benefits your employees to have an internal organization landing page that can be updated with news, events, alerts and many of the same modules used on the extranet. LINK CHECKER When a new link is created, the Revize system checks if the URL (link) is valid or not. If not, an error message will be displayed. This benefits the Content Editor by double checking bad links before they are saved on your website. 189 MENU MANAGER Allows approved content editors to add or edit site-wide top navigation, department or section specific links (e.g. left or right navigation). This feature gives you control to change and update the Navigation menus of your website for continuous improvement. NEWS LETTER APP The system allows non-technical staff to build attractive, informative newsletters and disseminate them with one click to everyone on your distribution list. Activity metrics include emails sent successfully to help you validate email addresses. The application provides the ability to import contact lists, upload images, add groups, assign contact lists to groups, as well as export lists. ONLINE FORM BUILDER Having online web forms provides a quick and easy alternative for users to communicate with you and provide important feedback, or complete tasks online. These forms can be used to have web visitors contact you with questions, comments and requests, give feedback, volunteer, or to sign-up for various events, activities or programs. WEB CONTENT ARCHIVE Your site history will never be a mystery because all content edits for your site are archived on the Revize CMS database. Your content editors can click on the History button to view previous versions of a particular page or content block from your site. WEB CONTENT SCHEDULE This feature eliminates the possibility of having dated or past events being promoted on your site AFTER the event has passed, thus potentially undermining the perceived accuracy and currency of the site’s content in the minds of your audience. 190 AUDIT TRAIL This is a powerful administrative tracking tool that provides reports on the content change activities of any webpage within the system. The administrator can gauge how often the site is updated, which departments are most active; and also use the audit trail for recovery of data if necessary. AUTO SITEMAP TOOL Revize CMS provides this tool to automatically generate a sitemap. Anytime a new page is added or deleted from the system, the sitemap will republish to show the change. An up-to-date sitemap is very critical to boost the ranking of your website in different search engines. HISTORY LOG Administrators can view all the archived versions of any web page and restore any old/archived page. It is a very useful feature for referring to any archived legal documents or press releases. ROLES/PERMISSION SETUP Our CMS uses a role based authentication system where you can add individual user accounts and assign them system roles like Editor, Developer, Administrator, Workflow Approvers etc., or you can add roles for each department and assign department-specific roles to each user. SECURE SITE GATEWAY Provides a secure login area for either users of an intranet or users to access information not available to the general public. Once users are set-up with a secure login ID, they can manage their own password changes as necessary. WEBSITE STATISTICS Revize integrates Google’s Web Analytics tool to track number of site visits, website traffic sources, etc. Your website administrator can run various reports to collect important data on the usage of your website. 191 WORKFLOWS BY DEPARTMENT Provides a method for Supervisory Oversight of content updates. The process allows an authorized “approver” to compare the current page with the proposed new page content (side-by-side) for easy review and comparison. “Our innovative solutions are custom-tailored to meet the needs of each individual client.” Did you know? Revize installs new features into your content management system on a rolling basis! 192 Mobile Device and Accessibility Apps ALT-TAGS Use of alt tags for images, a required part of the Revize CMS image manager feature, allows vision impaired individuals to understand the content of the image. FONT SIZE ADJUSTMENT Provides the ability for users to change font size by clicking button to reach their desired size. Helps those with low vision to easily read information on your website. RESPONSIVE WEB DESIGN Revize uses pixel rendering Responsive Web Design to accommodate better viewing of text and graphics for any size screen, i.e., smart phones, tablets, iPads and iPhones. 193 Thank you For Considering Revize Prepared by Thomas J. Jean 150 Kirts Blvd. Troy, MI 48084 Ph: 248-269-9263 x8035 Fax: 866-346-8880 www.revize.com 194 REQUEST FOR QUALIFICATIONS (RFQ) FOR WEBSITE DESIGN SERVICES RFQ RESPONSE DUE DATE August 24, 2021 by 4:00 p.m. 195 Website Design Services RFQ Submittal Deadline Tuesday, August 24, 2021 @ 4:00 p.m. Page 2 of 8 CITY OF HUNTINGTON BEACH WEBSITE DESIGN SERVICES REQUEST FOR QUALIFICATIONS BACKGROUND INFORMATION Background The City of Huntington Beach is widely known as Surf City, U.S.A. with 8.5 miles of beach and a popular surf culture that draws 4 million visitors annually. Beyond the beach, the City offers residents a charming community with ideal weather, a robust and diversified economy, a wide variety of housing, and an excellent education system. Huntington Beach is located along the Southern California coast in Orange County, 35 miles south of Los Angeles and 90 miles north of San Diego. Named for railroad magnate Henry Huntington who orchestrated its development, the City is now an epicenter of restaurants, entertainment, and outdoor activities recognized throughout the region. Purpose The City of Huntington Beach (the “City”) is soliciting qualifications for a comprehensive website redesign. Any eventual system must not only meet the requirements set forth in this Request for Qualifications (RFQ), but must also be flexible and scalable in order to meet the City’s future business and technology needs. The City has one primary website (www.huntingtonbeachca.gov) to provide different avenues of communication for its residents and to also direct specific information to a variety of audiences such as those interested in visiting or doing business with the City. The website is burdened by existing content and serves, in part, as an archive. The City desires to improve this communication tool to increase usability and engage users to encourage repeat visits to the site. 196 Website Design Services RFQ Submittal Deadline Tuesday, August 24, 2021 @ 4:00 p.m. Page 3 of 8 CITY OF HUNTINGTON BEACH WEBSITE DESIGN SERVICES REQUEST FOR QUALIFICATIONS PROJECT / SCOPE OF WORK OVERVIEW The City of Huntington Beach seeks qualifications from experienced website design firms to create an overall redesign and restructuring of the City’s website. Deliverables must communicate the City’s messages, programs, and news to the wider community in a thoughtful, clear, and timely manner. To build a partnership with the eventual selected specialist, this current RFQ has been developed to assess the qualifications and approach of interested parties. Then, after reviewing the responses received, the City will identify the most qualified specialist to serve our website design and continuing support needs moving ahead. The following includes a general description of the work to be performed by the selected partner: 1. Establish a website that provides easy navigation and functionality for residents, visitors and businesses to retrieve information and services and transact business with the City online. Design should represent the City of Huntington Beach’s vision, mission and business plan goals. Design should also reflect the City’s aesthetic using pre-determined color, photos and text to enhance communication via the web. 2. Site must be oriented to the needs of our customers. A similar look and feel throughout the site should be maintained, and intuitive navigational aids and links should be consistently used throughout the site. User-centered categories should be easily understandable. A common framework and standardized style will enable users to easily navigate the site regardless of their understanding of the departmental structure of the City of Huntington Beach. 3. Site should be quick to download and easy visitors to the site to navigate, locate, evaluate and select information and services on the site on both desktop and mobile platforms. The web-enabled, graphic user interface created for the City of Huntington Beach website must be based on and reflect the concept of service-based government. A search engine option should be incorporated to feature prominently on the homepage as an enhanced navigation tool. 4. Depending on the selected concept, construct a home page, navigation pages, and individual content pages that allow visitors to move freely and without unnecessary graphics or other items that impede or slow down accessing information. These templates should allow content and links to be easily updated, added, or replaced without disrupting the template. 5. Design standards cohesive with City branding will be incorporated into the website. Design should be flexible and render properly regardless of the device/and or browser used to access the website. Specialist will create a guide that details standards for use of fonts, colors, templates, graphics and photos as well as suggestions for how to handle continued site growth. 197 Website Design Services RFQ Submittal Deadline Tuesday, August 24, 2021 @ 4:00 p.m. Page 4 of 8 CITY OF HUNTINGTON BEACH WEBSITE DESIGN SERVICES REQUEST FOR QUALIFICATIONS 6. Specialist will utilize custom graphics that help brand the site and identify individual sections of the site. This can be done with photos, color, and other techniques applicable to the web. The City has an inventory of photographs that may be incorporated into the site as appropriate. All designed graphics should be built using existing and available web fonts. 7. Trainings will be hosted for staff across City departments to ensure that the new website remains up- to-date and relevant for site visitors. Additional trainings will be made available on an as-needed basis in addition to unlimited technical support. 8. The selected entity will work closely with the City’s management staff to achieve the desired look and feel of a new site. The intended outcome of this collaboration will be a site that represents the goals of the City. 9. The City of Huntington Beach’s staff will provide content for the new site. The City of Huntington Beach will maintain ownership of the website, its components, and content, and will maintain the site with internal staff. 10. Developed site must be fully ADA compliant per Sect. 508 and WCAG 2.1 AA accessibility standards. 11. Site must be able to integrate several critical website dependencies listed in Exhibit A. After assessing the responses received, the City plans to enter into an agreement with the selected contractor(s). The City may enter into agreements with several contractors, based on City needs and the qualifications of the responding firms. Additional contract details will be developed with the identified contractors), based on the provisions of the response submitted by each responding firm. 198 Website Design Services RFQ Submittal Deadline Tuesday, August 24, 2021 @ 4:00 p.m. Page 5 of 8 CITY OF HUNTINGTON BEACH WEBSITE DESIGN SERVICES REQUEST FOR QUALIFICATIONS CONTENT OF RESPONSES Responses submitted to the City should include the following components in the order listed below: 1. Cover Letter a. A cover letter signed by the individual authorized to represent / negotiate on behalf of the responding firm. 2. Firm Qualifications a. An overview of qualifications for the firm, which should include the type of organization, size, professional registration, and affiliations of the company. b. Resumes and backgrounds of the team members from the firm who will be working directly and regularly on this initiative with the City as well as their roles. Clearly identify the project lead and designer who will be responsible for the day-to-day management of the contract. c. Provide examples of websites being created for municipalities, preferably of similar or greater size. Responses should demonstrate specific details relating to the website redesign of each organization. d. Please provide 5 references from current or past clients within the last 5 years, with name, address, email, and phone number of individual(s) to contact for referral. Provide a brief summary of the scope of work performed for each client. 3. Understanding of and Proposed Approach to the RFQ Scope of Work: a. Describe the recommended approach to the City’s website redesign efforts, as outlined on Pages 3 and 4 of this RFQ (Scope of Work), with particular attention placed on identifying areas of improvement and how your firm can recommend a practical, yet creative solution. 4. Estimated Costs a. Provide the estimated costs for each individual item within the scope of work, along with a fee schedule for on-call services, as needed. 199 Website Design Services RFQ Submittal Deadline Tuesday, August 24, 2021 @ 4:00 p.m. Page 6 of 8 CITY OF HUNTINGTON BEACH WEBSITE DESIGN SERVICES REQUEST FOR QUALIFICATIONS 5. Turnaround times a. Provide turnaround times for the completion of the website redesign project including trainings for relevant staff persons upon project completion. SCHEDULE OF EVENTS This Request for Qualifications will be governed by the following schedule: Release of RFQual August 3, 2021 Deadline for Written Questions August 10, 2021 Responses to Questions Posted on Web August 17, 2021 Proposals are Due August 24, 2021 Qualification Proposals Evaluation Completed September 10, 2021 Interviews with Selected Firms Week of September 24, 2021 Approval of Contract October 2021 SUBMITTAL GUIDELINES Respondents are required to submit the following: Submission of Proposals Complete written proposals must be submitted electronically in PDF file format via the PlanetBids.com website no later than 4:00 p.m. (P.S.T) on Tuesday, August 24, 2021. Without exception, proposals will not be accepted after this deadline. Faxed or e-mailed proposals will not be accepted. Inquiries Questions about this RFP must be directed in writing through the PlanetBids Q&A tab no later than 5:00 p.m. PST) on August 10, 2021 for response. It is important to note that the City reserves the right to reject any and all responses. The City will not be liable for, nor pay for any costs incurred by responding firms relating to the preparation of the response. An explicit provision of this RFQ is that any oral communication is not binding on the City’s RFQ response process or selection criteria. 200 Website Design Services RFQ Submittal Deadline Tuesday, August 24, 2021 @ 4:00 p.m. Page 7 of 8 CITY OF HUNTINGTON BEACH WEBSITE DESIGN SERVICES REQUEST FOR QUALIFICATIONS SELECTION OF FIRM RFQ Assessment Process The City will coordinate a review and evaluation of all responses received by the City in response to this RFQ. As part of the assessment process, the City will place particular emphasis on: 1. Qualifications and experience of the individuals assigned to the contract 2. Qualifications and experience of the responding firm 3. Overall ability to undertake the proposed management of the City’s website redesign and successfully complete the scope of work in a timely manner 4. Understanding and approach to the proposed scope of work in Huntington Beach 5. Proposed cost of project The City may also contact and review the bidder’s references; contact any bidder to clarify any response; contact any current users of a bidder’s services; solicit information from any available source concerning any aspect of a Proposal; and seek and review any other information deemed pertinent to the review process. The review board shall not be obligated to accept the lowest-priced Proposal(s), but shall make an award in the best interests of the City. The City will only open the fee proposal if the firm is one of the finalists. After written Proposals have been reviewed, discussions with prospective firms may or may not be required. If scheduled, the oral interview will be a question/answer format for the purpose of clarifying the intent of any portions of the Proposals. The individual from your firm that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. A Notification of Intent to Award may be sent to the vendor selected. Award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing vendors unless an agreement is reached. If contract negotiations cannot be concluded successfully, the City may negotiate a contract with the next highest scoring vendor or withdraw the RFQual. 201 CITY OF HUNTINGTON BEACH WEBSITE DESIGN SERVICES REQUEST FOR QUALIFICATIONS TERMS AND CONDITIONS The following terms and conditions apply to this RFQ: 1. All responses shall become the property of the City. 2. Amendments - The City reserves the right to amend this RFQual prior to the Proposals due date. All amendments and additional information will be posted to the Huntington Beach Procurement Registry, Huntington Beach - Official City Web Site - Business - Bids & RFQual's; bidders should check this web page daily for new information. 3. Due care and diligence has been exercised in the preparation of this RFQ and all information contained herein is believed to be substantially correct. However, the responsibility for determining the full extent of the services rests solely with those making responses. Neither the City nor its representatives shall be responsible for any error or omission in this response, nor for the failure on the part of the respondents to determine the full extent of their exposures. 4. The City reserves the right to select firms from the responses received; to waive any or all informalities and / or irregularities; to re-advertise with either an identical or revised scope, or to cancel any requirement in its entirety; or to reject any or all responses received. 5. A response to this RFQ does not constitute a formal bid, therefore, the City retains the right to contact any / all proposing firms after submittal in order to obtain supplemental information and/or clarification in either oral or written form. Furthermore, an explicit provision of this RFQ is that any oral communication made is not binding on the City’s response process. 6. The City will not be liable for, nor pay for any costs incurred by responding firms relating to the preparation of any response for this RFQ. Confidentiality Requirements - The staff members assigned to this project may be required to sign a departmental non-disclosure statement. Proposals are subject to the Freedom of Information Act. The City cannot protect proprietary data submitted in Proposals. Financial Information - The City is concerned about bidders’ financial capability to perform, therefore, may ask you to provide sufficient data to allow for an evaluation of your firm’s financial capabilities. Insurance Requirements - City Resolution 2008-63 requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful bidder must furnish the City with the Certificates of Insurance proving coverage as specified in Appendix A. Failure to furnish the required certificates within the time allowed will result in forfeiture of the Proposal Security. 202 CITY OF HUNTINGTON BEACH WEBSITE DESIGN SERVICES REQUEST FOR QUALIFICATIONS Please carefully review the Sample Agreement and Insurance Requirements before responding to the Request for Qualifications enclosed herein. The terms of the agreement, including insurance requirements have been mandated by City Council, and can be modified only if extraordinary circumstances exist. Your response to the Request for Qualifications must indicate if you are unwilling or unable to execute the agreement as drafted as well as providing the insurance requirements. The City will consider this in determining responsiveness to the Request for Qualifications. 203 EXHIBIT A 204 City of Huntington Beach Website Design Services - Exhibit A New CMS Features Web page administration Easily add/edit/delete pages and content on pages Support versioning Easy layout and use of different modules on page Recycle Bin to restore deleted content Document management Add/edit/delete documents Easily create links to documents uploaded Images Publishers can upload and insert their own images Photo Galleries Image Carousels User login and security Allows Active Directory login Ability to assign and manage content areas by role Ability to set access permissions on pages Video management Video upload/embedding onto website News and announcements tool Email notification system Form/survey building tools Calendar tool Able to integrate with other applications (custom code) Analytics/Quality Assurance (broken links, misspellings, etc.) ADA Compliance Fully accessible per Section 508 and WCAG 2.1 AA accessibility standards Search Engine Optimization Usability analysis Document Archiving 205 SystemDescriptionTypePDF/Web Publishing SystemSystem designed to manage content on the city website.CustomGoogle AnalyticsAnalyzes statistics for city website3rd‐partyMyHB (MyCivic)System integrated with website for residents to "Report an Issue" or "Ask a Question" about various issue types. System is also used to manage the mobile application3rd‐partyMailjetEmail notification system used to communicate with city residents3rd‐partySiteimproveSystem for managing standards (Quality Assurance, etc.) of city website ‐ broken links, misspellings, etc.3rd‐partyVimeoSystem for hosting videos on the cloud, and embedding videos on city website.3rd‐partyLaserficheDocument Repository3rd‐partyLegistarMeeting agendas and minutes3rd‐partyZoho SurveySurveys linked to/embedded on city website3rd‐partyStreet Sweeping Notification Services (HB Notify)System designed for residents to sign up for street sweeping notificationsCustomPD Salary Calculatorhttps://huntingtonbeachca.gov/government/departments/pd/employment_opportunity/salary_calculator.cfmCustomBeach Conditionhttps://huntingtonbeachca.gov/residents/beach_info/LiveBeachCondition.cfmCustomCity Calendarhttps://huntingtonbeachca.gov/residents/calendar/CustomStaff Directoryhttps://huntingtonbeachca.gov/government/staff‐directory/CustomForms and Applications Directoryhttps://huntingtonbeachca.gov/services/forms‐applications/CustomFireMed Applicationhttps://huntingtonbeachca.gov/government/departments/fire/firemed/enroll/CustomCustomer Satisfaction Survey (General)https://huntingtonbeachca.gov/government/customer‐satisfaction‐survey/index2.cfmCustom206 APPENDIX A 207 HB Insurance Matrix_revised 4-7-16 (2).xlsx 1 of 4 Automobile Liability General Liability Professional Liability Property Insurance Workers' Comp Additional Insured Endorsements Contractors: Any persons or entities who contract with the City and/or provide services to the City which are readily available and efficiently procured by competitive bidding. Permittees: Any persons or entities who make application to the City for any use of or encroachment upon any public street, waterway, pier, or City property. Vendors: Any persons or entities who transfers property or goods to the City which may or may not involve delivery and/or installation. CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Note 2 - Workers' Compensation Exemption: If entity has no employees, a signed Declaration of Non-Employee Status form is required. Note 1 - Automobile Liability: The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers must be named as certificate holder and as additional insured by separate attached endorsement. Permittees who do not use vehicles or equipment in connection with the permit shall not be required to provide auto insurance. To be exempt from this requirement, permittees must execute a declaration such as Exhibit 1 attached. Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best’s Rating of no less than A:VII. See Exhibits A1 - 4 for sample forms. Email: Justin.Wessels@surfcity-hb.org or Heather.Campbell@surfcity-hb.org Phone: 714-374-5378 or 714-536-5210. Fax: 714-536-5212. Vendor Type Minimum Insurance Requirements Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be considered only under extraordinary circumstances. As required by the State of California, with Statutory Limits and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. (See Note 2 below.) Include the policy number and Additional Insured Endorsement Requirement statement below. (See Note 3 below.) Minimum of $1,000,000 per occurrence for bodily injury, personal injury and property damages. Allows up to $1,000 deductible.(See Note 1 below.) Combined single limit bodily injury and property damage. Minimum of $1,000,000 per occurrence. Allows up to $5,000 deductible. (Additional Insured Endorsement is always required with General Liability Ins.) Note 3 - Additional Insured Endorsement Requirements: The City, its officers, elected or appointed officials, employees, agents, and volunteers are to be covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City. 208 HB Insurance Matrix_revised 4-7-16 (2).xlsx 2 of 4 Automobile Liability General Liability Professional Liability Property Insurance Workers' Comp Additional Insured Endorsements CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best’s Rating of no less than A:VII. See Exhibits A1 - 4 for sample forms. Email: Justin.Wessels@surfcity-hb.org or Heather.Campbell@surfcity-hb.org Phone: 714-374-5378 or 714-536-5210. Fax: 714-536-5212. Vendor Type Minimum Insurance Requirements Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be considered only under extraordinary circumstances. Design Professionals: Professional service contractors who contract with the City and/or provide architectural and/or engineering services to the City. Professional Services: Services that involve the exercise of professional discretion and independent judgment based on an advanced or specialized knowledge, expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to HB Muni Code 3.02. Services includes but are not limited to those services provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians and other specialized consultants. 4) The reporting of circumstances or incidents that might give rise to future claims. 1) The policy retroactive date coincides with or precedes the professional services contractor’s start of work (including subsequent policies purchased as renewals or replacements). 2) The professional services contractor will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. 3) If insurance is terminated for any reason, professional services contractor agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this agreement or permit. Claims made policies are acceptable if the policy further provides that: Minimum of $1,000,000 per occurrence and in the aggregate. Allows up to $10,000 deductible. 209 HB Insurance Matrix_revised 4-7-16 (2).xlsx 3 of 4 Automobile Liability General Liability Professional Liability Property Insurance Workers' Comp Additional Insured Endorsements CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best’s Rating of no less than A:VII. See Exhibits A1 - 4 for sample forms. Email: Justin.Wessels@surfcity-hb.org or Heather.Campbell@surfcity-hb.org Phone: 714-374-5378 or 714-536-5210. Fax: 714-536-5212. Vendor Type Minimum Insurance Requirements Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be considered only under extraordinary circumstances. Licensees/Lessees: Any persons or entities who contract with the City for the use of public property. Combined single limit bodily injury and property damage. Minimum of $1,000,000 per occurrence. Allows up to $5,000 deductible. (Additional Insurance Endorsement is always required with General Liability Ins.) Full replacement cost with no coinsurance penalty provision. As required by the State of California, with Statutory Limits and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. (See Note 1 below.) Include the policy number and Additional Insured Endorsement Requirement statement below.(See Note 2.) Note 1 - Workers' Compensation Exemption: If entity has no employees, a signed Declaration of Non-Employee Status form is required. Note 2 - Additional Insured Endorsement Requirements: The City, its officers, elected or appointed officials, employees, agents, and volunteers are to be covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City. 210 HB Insurance Matrix_revised 4-7-16 (2).xlsx 4 of 4 Minimum Insurance Requirements Professional Liability Design Professionals: Professional service contractors who contract with the City and/or provide architectural and/or engineering services to the City. Professional Services: Services that involve the exercise of professional discretion and independent judgment based on an advanced or specialized knowledge, expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to HB Muni Code 3.02. Services includes but is not limited to those services provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians and other specialized consultants. CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best’s Rating of no less than A:VII. Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be considered only under extraordinary circumstances. 4) The reporting of circumstances or incidents that might give rise to future claims. Vendor Type Claims made policies are acceptable if the policy further provides that: Minimum of $1,000,000 per occurrence and in the aggregate. Allows up to $10,000 deductible. 1) The policy retroactive date coincides with or precedes the professional services contractor’s start of work (including subsequent policies purchased as renewals or replacements). 2) The professional services contractor will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. 3) If insurance is terminated for any reason, professional services contractor agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this agreement or permit. 211 APPENDIX B 212 agree/ surfnet/professional svcs mayor 1 of 11 5/19-204082 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY,” and , a hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to ; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on ____________________, 20____ (the "Commencement Date"). This Agreement 213 agree/ surfnet/professional svcs mayor 2 of 11 5/19-204082 shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Dollars ($ ). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or 214 agree/ surfnet/professional svcs mayor 3 of 11 5/19-204082 termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs “Design Professional Services” within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: “CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged 215 agree/ surfnet/professional svcs mayor 4 of 11 5/19-204082 to CONSULTANT exceed CONSULTANT’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney’s fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT’s professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. 216 agree/ surfnet/professional svcs mayor 5 of 11 5/19-204082 CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY’s election, to forthwith terminate this Agreement. Such termination shall not effect Consultant’s right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice; however, ten (10) days’ prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. 217 agree/ surfnet/professional svcs mayor 6 of 11 5/19-204082 The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all 218 agree/ surfnet/professional svcs mayor 7 of 11 5/19-204082 approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 219 agree/ surfnet/professional svcs mayor 8 of 11 5/19-204082 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which 220 agree/ surfnet/professional svcs mayor 9 of 11 5/19-204082 the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY’S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney’s fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 221 agree/ surfnet/professional svcs mayor 10 of 11 5/19-204082 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 222 agree/ surfnet/professional svcs mayor 11 of 11 5/19-204082 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, COMPANY NAME By: print name ITS: (circle one) Chairman/President/Vice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ________________________________ Mayor _________________________________ City Clerk INITIATED AND APPROVED: ____________________________________ REVIEWED AND APPROVED: _________________________________ City Manager APPROVED AS TO FORM: _________________________________ City Attorney 223 EXHIBIT A EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 224 Exhibit B 1 EXHIBIT “B” Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month’s bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 225 Exhibit B 2 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. . 226 Exhibit B EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 227 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Table of Contents 1 Scope of Services .....................................................................................................1 2 City Staff Assistance ................................................................................................2 3 Term; Time of Performance .....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work ...............................................................................................................2 6 Method of Payment ..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance......................................................................…….4 10 Certificate of Insurance ............................................................................................5 11 Independent Contractor ............................................................................................6 12 Termination of Agreement .......................................................................................6 13 Assignment and Delegation ......................................................................................6 14 Copyrights/Patents ...................................................................................................7 15 City Employees and Officials ..................................................................................7 16 Notices……………………………………………………………………………..7 17 Consent ....................................................................................................................8 18 Modification .............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement ..............................................................................8 21 Duplicate Original ....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited ................................................................9 24 Attorney's Fees ..........................................................................................................10 25 Survival .....................................................................................................................10 26 Governing Law .........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety ......................................................................................................................10 29 Effective Date………………………………………………………………………11 228 FIRM SUBMISSIONS FOR RFQ FOR WEBSITE REDESIGN 1. 360Civic 2. American Eagle Computer Products, Inc. 3. Arkivo, Inc. 4. CivicPlus 5. Creative Digital Agency, Inc. 6. Cyfuture, Inc. 7. eCuras LLC 8. Everwild 9. EvoGov, Inc. 10. Granicus, LLC 11. Interpersonal Frequency, LLC 12. Intrado Interactive Services Co. 13. LookThink LLC 14. Mobikasa LLC 15. Municode 16. Paramount Software Solutions 17. Planeteria Media 18. Promet Solutions Corp 19. Revize 20. Tripepi Smith 229 PROFESSIONAL SERVICES SERVICE: Website Redesign and Maintenance SERVICE DESCRIPTION: Website redesign and maintenance services for the City’s website, www.huntingtonbeachca.gov. VENDOR: Revize OVERALL RANKING: 1 SUBJECT MATTER EXPERTS/RATERS: 1. City Public Information Office - Supervisor 2. Police Department - PIO 3. Fire Department – PIO 4. City Manager’s Office Analyst 5. Information Systems – Website Analyst I. MINIMUM QUALIFICATIONS REVIEW Written Proposal Score: 1,843.75 Revize – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Compliance with RFQ 200 200 Tech Approach/Methodology 500 500 Qualifications 465 500 Clarity 190 200 Cost 398.75 500 References 90 100 Total 1,843.75 2,000 II. DUE DILIGENCE REVIEW Proposal Ranking: 1 Revize – Summary of Review 25 years of experience and over 1,800 government clients. Excellent references from past municipal clients Very competitive pricing with a reasonable annual maintenance fee Flexible, willing to work with our needs, and does not charge for certain elements, unlike other firms. Unlimited storage and used AWS Willing to allow us to pick the design team based on our aesthetics Revize – Pricing Pricing of $102K is among the most competitive. 230 City of Huntington Beach File #:21-831 MEETING DATE:11/16/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Ursula Luna-Reynosa, Director of Community Development Subject: Public Hearing to consider acceptance of the Five-Year Economic Development Subsidy Report for McKenna Motors Huntington Beach, Inc. Sales Tax Sharing Agreement Statement of Issue: Government Code Section 53083 mandates certain requirements of local agencies, prior to approving economic development subsidies as well as during the term of such subsidies. One requirement is that not less than five years after the approval of an economic development subsidy, a report (the “Five-Year Subsidy Report”) containing specific information shall be made available to the public via the City’s website and at a City Council public hearing. In November 2016, the City approved a Sales Tax Sharing Agreement (the “Agreement”) with McKenna Motors Huntington Beach, Inc. (McKenna). The Five-Year Subsidy Report is attached. Financial Impact: A fiscal impact was associated with the original action to approve the Agreement. However, there is no fiscal impact to receive and file this Five-Year Subsidy Report. Recommended Action: A) Open the public hearing and receive written and oral testimony; and, B) Receive and file the “Five-Year Economic Development Subsidy Report Pursuant to California Government Code Section 53083 for a Sales Tax Sharing Agreement by and Between the City of Huntington Beach and McKenna Motors Huntington Beach, Inc.,” in compliance with Government Code Section 53083. Alternative Action(s): Do not receive and file the Five-Year Subsidy Report. Analysis: The City has used sales tax sharing agreements as an economic incentive to help attract new businesses and retain existing businesses. Danny McKenna, owner of McKenna Volkswagen (VW), approached the City in 2016 expressing interest in constructing a new Subaru showroom, retail store, and maintenance facility adjacent to the McKenna VW lot. In order to offset the cost of the project, City of Huntington Beach Printed on 11/10/2021Page 1 of 3 powered by Legistar™231 File #:21-831 MEETING DATE:11/16/2021 and maintenance facility adjacent to the McKenna VW lot. In order to offset the cost of the project, originally estimated at $17 million, the City negotiated a sales tax sharing agreement (Agreement) with McKenna. The Agreement established that the sales tax portion of the original $25 million from McKenna VW in gross car sales be retained by the City. A good portion of the gross sales is not taxable (e.g. wholesale transactions for parts and used vehicles, service and labor, etc.) resulting in $15,080,000 of taxable sales with the City’s portion of sales tax being one percent; therefore, the City’s portion of sales tax revenue prior to the Agreement was $150,800 which amount serves as the City’s base amount. The agreement provides that annually the City’s portion of sales tax, in excess of the base amount, for both dealerships be split 55% to the City and 45% to McKenna. The economic subsidy enabled McKenna to expand VW operations and establish a new Subaru dealership with a private investment of $29.8 million. While the initial proposed investment by McKenna was $17 million, the final cost was higher and included $13.6 million for the purchase of land, $10.2 million to construct the new facility, and $6 million towards the purchase of the Subaru franchise. Subaru operated out of VW’s dealership beginning in 2016 until construction of the new Subaru facility was completed in July 2019. Despite unprecedented economic circumstances related to the COVID-19 pandemic, the Agreement has been revenue positive and has achieved higher revenues for the City than projected. In addition to the base amount of $150,800, McKenna has generated $145,335 in annual sales tax revenue for the City, for a total of approximately $296,000 in annual sales tax revenue. On January 1, 2014, the State approved Assembly Bill 562 (AB 562), a law that requires local agencies to disclose certain information, make it available to the public, and conduct a public hearing prior to approving an economic development subsidy. The bill was codified as section 53083 of the Government Code and requires the following information, as applicable: 1) The name and address of all corporations or any other business entities, except for sole proprietorships, that are beneficiary of the economic development subsidy. 2) The start and end dates and schedule for economic development subsidy. 3) A description of the economic development subsidy, including the estimated total amount of the expenditure of public by, or of revenue lost to, the local agency as a result of the economic development subsidy. 4) The net tax revenue accruing to the local agency as a result of the economic development subsidy. 5) The number of jobs created by the economic development subsidy, broken down by full-time, part-time, and temporary positions. In 2016, before approving the Agreement with McKenna, the Council held a public hearing and disclosed the information identified above. The staff report, the Agreement, and the original subsidy report from that public hearing are attached (Attachment #1). An additional requirement of the law is that a local agency that approves an economic development subsidy prepare a report and make it available to the public via the City’s website and at a public hearing within five years of the approval of the economic development subsidy. The report must include the items listed above. The City has prepared the Five-Year Subsidy Report (Attachment #2) City of Huntington Beach Printed on 11/10/2021Page 2 of 3 powered by Legistar™232 File #:21-831 MEETING DATE:11/16/2021 include the items listed above. The City has prepared the Five-Year Subsidy Report (Attachment #2) which includes the following key points: ·Agreement term through December 31, 2033; ·The City has retained $1,480,673 of total sales tax revenues; ·The City has provided McKenna with $594,550 in sales tax rebates; ·A total of 37 full-time jobs and 305 temporary construction jobs were created from the economic subsidy. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(4), government fiscal activities that do not result in a physical change in the environment and do not commit the lead agency to any specific project, do not constitute a project. Therefore, these activities are exempt in accordance with CEQA Guidelines Section 15060(c)(3). Strategic Plan Goal: Economic Development & Housing Attachment(s): 1. Original Staff Report, original Subsidy Report, and the Sales Tax Agreement Between the City of Huntington Beach and McKenna Motors Huntington Beach, Inc. 2. Five-Year Economic Development Subsidy Report Pursuant to Government Code Section 53083 for a Sales Tax Sharing Agreement by and Between the City of Huntington Beach and McKenna Motors Huntington Beach, Inc. City of Huntington Beach Printed on 11/10/2021Page 3 of 3 powered by Legistar™233 Dept. ID ED 16-35 Page 1 of 2 Meeting Date: 11/21/2016 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/21/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager Kellee Fritzal, Deputy Director, Business Development SUBJECT: Approve and authorize execution of a Sales Tax Sharing Agreement between the City and McKenna Motors Huntington Beach, Inc., for the opening of a new Subaru Dealership Statement of Issue: The City Council is asked to approve a Sales Tax Sharing Agreement with McKenna Motors Huntington Beach, Inc., for the development and opening of a Subaru car dealership at 18711 Beach Boulevard. The Agreement will incentivize McKenna Motors Huntington Beach to construct the car dealership. The Agreement establishes that the sales tax portion of the first $25 million from McKenna VW in gross car sales is retained by the City and annually after $25 million, the sales tax is split 55% to the City and 45% to McKenna Motors Huntington Beach, LLC. McKenna"). Financial Impact: The proposed agreement is revenue positive for the City. The base sales tax received from McKenna Volkswagen will 100% remain with the City. The new dealership is estimated to generate 27 million in annual sales; therefore, annually the City will see an increase (after the base) of 83,700 of sales tax generated. Based upon this estimate, McKenna is projected to receive approximately $68,500 per annum and the City a total of $234,500. Recommended Action: A) Approve and authorize the Mayor and City Manager to execute the "Sales Tax Agreement Between the City of Huntington Beach and McKenna Motors Huntington Beach, Inc."; and, B) Increase appropriation as revenue is received above the base to pay for City's share of the Sales Tax Sharing Agreement; and, C) Authorize the City Manager or designee to execute any additional documents required to further the Agreement. Alternative Action(s): Do not approve Agreement and direct Staff as necessary. Analysis: Mr. Danny McKenna owns and operates the McKenna VW on Beach Boulevard. He also owns the property that a majority of the Kia Dealership is located and operated from. Due to concerns over a pending residential project (the proposed Urban Art Lofts on the former McDonald's site) adjacent Item 13. - 1 Hg -810- 234 Dept. ID ED 16-35 Page 2 of 2 Meeting Date: 11/21/2016 to his dealership, the future of both car dealerships (VW and Kia) had been in question. Due to the residential project being in the planning application process, the property was valued much higher than an otherwise vacant parcel. In order to continue his auto dealer business, Mr. McKenna purchased the adjacent land (former Urban Art Lofts project) from the residential developer for 6.75 million. With the purchase of the land, Mr. McKenna was presented with the opportunity to also purchase a closing Subaru dealership, which he has done. Mr. McKenna would like to expand and use the two parcels adjacent to the McKenna VW lot, of which he is the now the owner, to construct a new showroom/retail store and maintenance facility to meet Subaru's dealership image and space guidelines. The opportunity is expensive and the Agreement provides for assistance. Mr. McKenna will be investing an additional $4.5 to $5 million to construct the new dealership in addition to the purchase of the land ($6.75 million) and the purchase of the Subaru franchise ($6 million), for a total private investment by Mr. McKenna of over $17 million. The proposed economic development subsidy will enable Mr. McKenna to expand the operations of both the VW and Subaru dealerships, with annual combined sales revenues of approximately $52 million per year and potentially increasing the annual sales tax revenues to the City by an average of $148,000 per year over the existing base of $150,800 per year, or approximately by 100%. In addition, with the Agreement, Mr. McKenna will be signing a long term lease with Kia (Ken Phillips) for the continued operation of the Kia car dealership and will allow Kia to remain in Huntington Beach. Mr. Phillips is in the planning process to build a new showroom representing another large private investment which could result from this deal. Environmental Status: Not Applicable Strategic Plan Goal: Strengthen Economic and Financial Sustainability Attachment(s): 1. Sales Tax Sharing Agreement between the City of Huntington Beach and McKenna Motors Huntington Beach, LLC 2. Letter from Danny McKenna 3. Subsidy Report — Government Code Section 53083 HB -811- Item 13. - 2235 ECONOMIC DEVELOPMENT SUBSIDY REPORT PURSUANT TO GOVERNMENT CODE SECTION 53083 FOR A SALES TAX SHARING AGREEMENT BY AND BETWEEN CITY OF HUNTINGTON BEACH AND MCKENNA MOTORS HUNTINGTON BEACH, INC. Pursuant to Government Code Section 53083, the City Council of the City of Huntington Beach must hold a noticed public hearing and, prior to the public hearing, provide all of the following information in written form and available to the public and through the City's website regarding a proposed economic development subsidy to be provided by the City pursuant to a Sales Tax Sharing Agreement by and between the City of Huntington Beach and McKenna Motors Huntington Beach, Inc. ("Agreement"). Notice was published on the City's website for a public hearing to be held on November 21, 2016. The purpose of this report is to provide the information required pursuant to Government Code Section 53083 in regards to the Agreement. This report shall remain available to the public and posted on the City's website until the end date of the economic development subsidy, as further described in Number 2 below. 1. The name and address of all corporations or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy. The Agreement is with McKenna Motors Huntington Beach, Inc. who will construct, own and operate a new Subaru dealership that will benefit from the economic development subsidy: McKenna Motors Huntington Beach, Inc. 18711 Beach Boulevard Huntington Beach, CA 92647 2. The start and end dates and schedule, if applicable, for the economic development subsidy. If the Agreement is approved by the City Council, the start date of the economic development subsidy will commence on January 1, 2017 and the end date will be no later than 16 years after the start date, on December 31, 2033. The economic development subsidy will be paid quarterly, within 60 days of the end of each quarter. 3. A description of the economic development subsidy, including the estimated total amount of the expenditure of public funds by, or of revenue lost to, the local agency as a result of the economic development subsidy. The economic development subsidy is equal to forty-five percent (45%) of the sales tax revenue received by the City for the VW and Subaru dealerships in excess of $150,800 (base year) for each year of the term. The term of the subsidy is 16 years and the estimated total amount of revenue lost to the City is estimated at $1.94 million ($121,250 average per year) in nominal dollars or approximately $987,000 in present value terms, assuming an 8% discount rate. City of Huntington Beach 1 November 2, 2016 HB -829- Item 13. - 20236 6. The estimated number of jobs created by the economic development subsidy, broken down by full-time, part-time and temporary positions. The City anticipates the construction and operation of the new dealership will yield a minimum of 85 full- and part-time jobs and approximately 50 temporary new jobs during the construction. City of Huntington Beach 3 November 2, 2016 H B -8; i - Item 13. - 22237 SALES TAX SHARING AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND McKENNA MOTORS HUNTINGTON BEACH, INC. THIS SALES TAX SHARING AGREEMENT ("Agreement") dated as of Mill- n 20A, is entered into by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California ("City"), and McKENNA MOTORS HUNTINGTON BEACH, INC., a California corporation ("McKenna"). RECITALS A. McKenna in the business of selling motor vehicles. McKenna's point of sale for purposes of the Uniform Local Sales and Use Tax Law is located at 18711 Beach Blvd., Huntington Beach, Catifornia 92648. B. McKenna is contemplating opening a new Subaru Dealership at 18711. Beach Blvd., in Huntington Beach. C. City recognizes that the expansion of McKenna to Huntington Beach will contribute to the economic vitality of the City, provide additional jobs, expand the City's tax base and otherwise improve economic and physical conditions in the City. D. In order to induce McKenna to open a new Subaru Dealership in Huntington Beach, the City is willing to provide incentive to McKenna as described in this Agreement. E. By its approval of this Agreement, the City Council of the City of Huntington Beach finds and determines that this Agreement serves a valid public purpose through expanding economic opportunities for businesses in the City, expanding the City's.employment base, and generating Sales Tax that City can utilize to fund general governmental services such as police, fire, street maintenance, and parks and. recreation programs. City and McKenna have agreed that the respective considerations are a fair exchange. F. The City has found that it is of benefit to the City and its citizens that certain obligations be imposed upon McKenna's future place of business to ensure Subaru vehicle sates and the resulting sales -tax revenues to the City. NOW, THEREFORE, based upon the foregoing Recitals and in consideration of the mutual covenants and conditions hereinafter set forth, McKenna and City agree as follows: 16-55 t 3/146896/DKO 238 DEFfNITIONS. The capitalized teens and words used in this Agreement shall have the following meanings unless expressly provided to the contrary. 1.1 "Commencement Date" means first day of the month following McKenna Motors Huntington Beach, Inc.'s opening of a Subaru Dealership in Huntington Beach. 1.2 "Event of Default" means any event so designated in this Agreement. 1.3 "Fiscal Year" means the City's Fiscal Year of October 1 through September 30. 1.4 "Laws" means all California State Statutes, laws, Ordinances, regulations, orders, writs, judgments, injunctions, decrees or awards of the United States or any state, county, municipality or other Governmental Agency. 1.5 "Operating Period" means the period beginning with the Commencement Date and expiring sixteen (16) years later. 1.6 "Party" means any party to this Agreement. The "Parties" shall be all parties to this Agreement. 1.7 "Penalty Assessments" means. penalties, assessments, collection costs and other costs, fees or charges resulting from late or delinquent payment of Sales Tax and which are levied, assessed, or otherwise collected from the business on the Site owning or obligated to pay Sales Tax. 1.8 "Person" means any entity, whether an individual, trustee, corporation, partnership, trust; unincorporated organization, governmental agency or otherwise. 1.9 "Sales Tax Increment" means that portion of taxes derived and received by the City of Huntington Beach from the imposition of the Bradley Bruns Uniform Local Sales And Use Tax Law, commencing with Section 7200 of the Revenue and Taxation Code of the State of California, as amended, or its equivalent, arising from all businesses and activities conducted on the Site. Sales Tax Increment shall not include Penalty Assessments, any Sales Taxes levied by, collected for or allocated to the State of California, the County of Orange, a district or any other entity, notwithstanding that such funds received by City are derived or measured by such other entity based upon Sales Taxes. The Sales Tax Increment shall not exceed one percent (1%) upon taxable sales and uses on the Site. 1.10 "Site" refers to 18711 Beach Blvd., Huntington Beach, California 92648, the property within the City of Huntington Beach where McKenna will establish a Subaru Dealership. 2 16-55I 3/ I46896/DKO 239 1.11 "Sales Tax" means the tax derived from McKenna's business conducted on the Site and a portion of which is allocated to and received by the City pursuant to the Uniform Local Sales and Use Tax Law, commencing with California Revenue and Taxation Code Section 7200, et seq., as amended. 2. THE PARTIES 2.1 McKenna, a California corporation, whose mailing address for purposes of this Agreement is: 18711 Beach Blvd., Huntington Beach, California 92648. Wherever_ the term McKenna is used in this Agreement, the term shall be deemed to refer to McKenna Motors Huntington Beach, Inc. McKenna may assign the rights and obligations of this Agreement to any other person, entity, or organization as long as the underlying business operations at the location remain an automobile dealership. By executing this Agreement, McKenna warrants and represents to City that it has the full power and authority to enter into this Agreement and that all authorizations and approvals required to make this Agreement binding upon McKenna have been duly obtained. 2.2 The City is a Municipal Corporation, duly organized and existing pursuant to its City Charter. 3. OBLIGATIONS OF McKENNA 3.1 Agreement. McKenna hereby covenants and agrees that they have opened a Subaru Dealership and are selling vehicles at the Site within, and to continue to use the Site as its primary Subaru Dealership business location during the Operating Period. 3.2 Site and Restrictions. McKenna shall, within a reasonable time, not to exceed three years from approval of this document by the City Council of the City of Huntington Beach, establish a Subaru Dealership at the Site. The purchase of the Site by McKenna shall result in a deed restriction on the Site, good and lasting for 16 years, which restricts the use of the Site and underlying property for new Auto Sales only. If McKenna is unable to purchase the Site in Huntington Beach, McKenna and the City Manager or his or her designee shall help identify an alternative site within the City of Huntington Beach. If said negotiations are unsuccessful, either party may terminate this Agreement upon thirty (30) days' written notice to the other party. 3.3 Maximize Sales Tax. During the Operating Period, McKenna shall use its best efforts, consistent with the requirements of law, to designate the Site as the point of sale in all sales of its products. 16-5513/146896/DKO 240 3.4 Indemnification. From the Commencement bate of this Agreement through the termination date, McKenna shall indemnify, defend, and hold harmless City and its officers, employees and agents, from and against all liabilities, obligations, claims, damages, penalties, causes of action, judgments, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) (collectively "Claims") imposed upon or incurred by or asserted against City arising out of any act or omission of McKenna or its business; provided, however, that the aforesaid obligations of McKenna shall not apply to the extent any Claim results from the active negligence or intentional misconduct of City or any of City's officers, employees, agents, or contractors. In the event that any action, suit or proceeding is brought against City by reason of any such occurrence, McKenna, upon City's request, will, at McKenna's expense, defend such action, suit or proceeding at its sole cost. 3.5 Insurance. McKenna shall take out and maintain in effect through the Operating period, at McKenna's sole cost and expense, the following insurance policies in. the minimum amounts specified and in the forms provided below: 1) Comprehensive General Liability in an amount of not less than One Million Dollars ($1,000,000) combined single limits for each occurrence for bodily injury, personal injury, and property damage including contractual liability. ii) Workers" Compensation as required by the Labor Code of the State of California and Employers' Liability insurance in an amount not less than required by California law. 3.6 Local, State and Federal Laws. McKenna shall carry out the operation of the business in conformity with all applicable local, State and Federal laws. 3.7 Anti -discrimination. McKenna shall not discriminate against any employee or applicant for employment because of age, sex, marital status, race, handicap, color, religion, reed, ancestry, or national origin. 3.8. McKenna's Representations and Warranties. McKenna makes the following representations and warranties as of the date of this Agreement and agrees that such representations and warranties shall survive and continue thereafter but shall not be remade after the date of this Agreement. 3.8.1 No Litigation. "There is no litigation, action, suit, or other proceeding pending or threatened against McKenna or the Site that may adversely affect the validity or enforceability of this Agreement or sale of vehicles at the Site. To the best of McKenna's knowledge, McKenna is not in violation of any State Statute, Federal law, regulation or Ordinance, or of any order of any court or governmental entity, the effect of which would prohibit McKenna from performing its obligations hereunder. 4 16-5513/146846/DKO 241 3. 8.2 Authority. McKenna has complied with all governmental requirements concerning its organization, existence and transactions. McKenna has the right and power to own and operate its business as contemplated in this Agreement. 3. 8.3 No Breach, To McKenna's knowledge, none of the undertakings contained in this Agreement violate any applicable governmental requirements, or conflicts with, or constitutes a breach or default under, any agreement by which McKenna is bound or regulated. 3.8.4 Warranty Against Payment of Consideration for Agreement. McKenna warrants that it has not paid or given, and will not pay or give, to any third person, any money or other consideration for obtaining this Agreement, other than nonnal costs of conducting business and costs of professional services such as accountants and attorneys. 3.9 Release of City Officials. No member, official, agent, employee, or attorney of the City shall be personally liable to McKenna, or any successor in interest of McKenna, in the event of any default or breach by the City or for any amount which may become due to McKenna or its successors, or on any obligations under the terins of this Agreement. McKenna hereby waives and releases any Claim it may have personally against the members, officials, agents, employees, consultants, or attorneys of the City with respect to any default or breach by the City or for any amount that may become due to McKenna or its successors, or on any obligations under the terms of this Agreement. 3.10 Reports. Within ten (10) days of filing each report with the State Board of Equalization, McKenna shall provide to the City true and correct copies of all reports filed by McKenna with the State Board of Equalization in order to allow the City to preliminarily determine the amount of Sales Tax paid by McKenna on account of sales from the Site; provided, however, that the City shall not be deemed to have received any Sales Tax until the City's actual receipt thereof. 4. OBLIGATIONS OF CITY OF HUNUNGTON BEACH 4.1 Tax Rebate. Within thirty (30) days after the City confirms its receipt of Sales Tax paid by McKenna on account of sales from the Site during the Operating Period, the City shall pay to McKenna on a quarterly basis financial assistance in an amount equal to forty-five percent (45%) of annual Sales Tax Increment generated by McKenna within the City of Huntington Beach and actually received by the City, after the first $150,800.00 in annual gross sales. City retains all sales tax of the first 150,800.00 in annual gross sales. 4.2 City's Obligation to Provide Assistance Conditional on Sales Tax Increment. The City's obligation to provide McKenna with assistance pursuant to 4.1 is conditioned upon McKenna producing Sales Tax Increment each Fiscal Year. To the extent McKenna does not produce Sales. Tax Increment, then the tax rebate obligations herein shall be reduced to zero. 16-5513/ 146896/DKO 242 4.3 Annual Adjustment. Promptly after each fiscal year of the City which includes a portion of the Operating Period, the City shall determine with respect to that fiscal year the aggregate amount of Sales Tax received by the City and the aggregate amount of financial assistance payments made to McKenna pursuant to Section 4.1. If for any reason (.including but not limited to reporting errors or other adjustments) the aggregate amount of payments by the City with respect to that fiscal year is less than the aggregate amount payable with respect to that fiscal year, the City shall pay to McKenna an adjustment payment equal to the amount of deficiency; if for any reason (including but not limited to reporting errors or other adjustments) the aggregate amount of payments by the City with respect to that fiscal year is more than the aggregate amount payable with respect to that fiscal year, then the amount of the excess shall be applied against the next payments due under Section 4.1, except that if any unapplied excess remains after the Operating Period, McKenna shall pay the amount of the unapplied excess to the City upon demand. 4.4 Legal Challenge. Should any third party successfully challenge the validity of this Agreement through a taxpayer suit or otherwise, either party may terminate this Agreement upon thirty (30) days written notice. 4.5 Contingent Liability and Limitations. The tax rebate obligations of the City of Huntington Beach shall be subject to the provisions of City Charter Section 605, regarding manual budget appropriations, and will not be payable for a period in excess of the twenty-year Operating Period after relocation to the new site. DEFAULTS AND REMEDIES 5.1 Events of Default. The following shall initiate the default sequence_ a) If McKenna materially breaches any of its obligations under Sections 3.1 through 3.7 of this Agreement. b) If McKenna is found by a trier of fact, after hearing, to be in violation of any Local, State or Federal Iaw. c) If McKenna is found by a trier of fact, after hearing, in a final, non -appealable order or judgment, either to be in violation of any anti -discrimination regulation or to be liable in a suit for discrimination. d) If McKenna fails to provide the City with copies of the quarterly or, if applicable, monthly) Board of Equalization reports filed by McKenna. e) If City fails to timely pay its obligations hereunder. 6 16-5513/ 146896/DK O 243 When any of the initiating events described in this Section 5.1 occur, City or McKenna may give the other written notice to cure. Where such act or omission is not cured by the breaching Party within thirty (30.) days after that Party's receipt of written notice that such obligation was not performed, it shall constitute an Event of Default; provided that, if cure cannot reasonably be effected within such 30-day period, such failure shall not be an Event of Default so long as the Party promptly (in any event, within 10 days after receipt of such notice) commences cure, and thereafter diligently (in any event within 10 days after receipt of such notice) commences cure, and thereafter diligently (in any event within a reasonable time after receipt of such notice) prosecutes such cure to completion. 5.2 Remedies Upon Default. Upon the occurrence of any Event of Default, and thirty (30) days after written notice of default, and after a reasonable opportunity to cure such default, City or McKenna, as appropriate, may terminate this Agreement and file any action available in law or equity. 6. GENERAL PROVISIONS 6.1 Time of the Essence. Time is of the essence of this Agreement and all Parties' obligations hereunder. 6.2 Venue. In the event of any litigation hereunder, all such actionsshall be instituted in the Superior Court of Orange,. State of California, or in an appropriate municipal court in the County of Orange, State of California or an appropriate Federal District Court in the Central District of California. 6. 3 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 6. 4 Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 6. 5 Attachments Incorporated. The Attachment to this Agreement is incorporated herein by this reference. 6. 6 Copies_ Any executed copy of this Agreement shall be deemed an original for all purposes. 6. 7 Severability. If any one or more of the provisions. contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability, unless it affects the substantial rights of a party or defeats the purpose of this Agreement, shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provision has not been contained herein. 7 16- 5513/146896/DKO 244 6.8 Interpretation. The language in all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any party. When the context of this Agreement requires, the neuter gender includes the masculine, the feminine, a partnership or corporation of joint venture or other entity, and the singular includes the plural. 6. 9 No Partnership or Joint Venture. The parties hereto agree that nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint venture, or association between City and McKenna; or cause City or McKenna to be responsible in any way for the debts or obligations of the other, and no other provision contained in this Agreement nor any acts the parties hereto shall be deemed to create any relationship between City and McKenna other than that of contracting parties. Further, nothing herein shall give or is intended to give any rights of any kind to any person not an express party hereto. 6.10 Integration. This Agreement, including the Attachments attached hereto, is. the entire Agreement between and final expression of the parties, and there are no agreements or representations between the parties except as expressed herein. All prior negotiations and agreements between City and McKenna with respect to the subject matter hereof are superseded by this Agreement. Except as otherwise provided herein, no subsequent change or addition to this Agreement shall be binding_unless in writing and signed by the parties hereto. 6.11 Nonwaiver. None of the provisions of this Agreement shall be considered waived by any party except when such waiver is given in writing. The failure of any party to insist in any one or more instances upon strict performance of any of its rights hereunder shall not be construed as a waiver of any such provisions or the relinquishment of any such rights for the future, but the same shall continue and remain in full force and effect. 6. 12 Notices. Any notice; approval, demand or other communication required or desired to be given pursuant to this Agreement shall be in writing and shall be effective upon personal service (including by means of professional messenger service) or, five (5) days after mailing via United States first-class mail or two (2) days after hailing via federal Express or other similar reputable overnight delivery service. Any notice shall be addressed as set forth below: If to City: If to McKenna: Kellee Fritzal McKenna Motors Huntington Beach, Inc_ Deputy Director of Business Development Attn: Daniel J. McKenna III City of Huntington Beach 18711 Beach Blvd. 2000 Main Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 16-5513/146896/DKO 245 With copies to (which shall not constitute Notice); Michael E. Gates, City Attorney City ofHuntington `Beach 2000 Maiii Street Huntington Beach.. CA 92648 and Fred Wilsop., City Manager City of Huntington .Bead] 2000 Main Street Huntington Beach, CA 92648 Either City or McKenna=y change its respective address by giving written notice to the others in accordance with the .provisions -of this Section, IN WITNESS WHEREOF; the,parties hereto, have caused this Agreement to be executed on the dates hereinafter respectively set forth: McKenna Motors California; carport By: print name ITS: ( circle one) Chairman/F Beach, Inc.j a CITY OF HUNTINGTON BEACH, a municipal corporation of e State of California Mayor ti y 1( db I J: (circle om) Secretary/Chief Financial Officer/Asst. Secretary — Treasurer f 9 16- 5513/1 Q6896/DKO APPROVED AS T-X : INI' ITATED A APPROVED - Deputy Directo.rof usiness Development iZEVI D APPROVED: Y WaAager 246 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder III II II 111111 II IR I I 1111 II NO FEE R 0 0 0 8 9 0 7 5 8 9$ 2016000618941 11:54 am 12/07/16 90 SCS Dot 6 RECORDING REQUESTED BY ) 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 AND WHEN RECORDED MAIL TO: ) City of Huntington Beach ) 2000 Main Street ) Huntington Beach, CA 92648 ) Attn: City Clerk ) Space above for Recorder's use) This document is exempt from recording fees pursuant to Government Code Section 27383. AGREEMENT DECLARING CONDITIONS, COVENANTS AND RESTRICTIONS FOR PROPERTY NEW AUTO SALES) This Agreement Declaring Conditions, CovWonz=__ estrictions for Property - New Auto Sales (the "Declaration") is made as of _, 2016by and between McKENNA MOTORS HUNTINGTON BEACH, INC., a California corporation (the "Covenantor"), and THE CITY OF HUNTINGTON BEACH, a California municipat corporation (the "City"). RECITALS A. Covenantor is the owner of record of that certain real property generally located at 18711 Beach Blvd., Huntington Beach, California and legally described in the attached Exhibit "A" (the "Site'; and B. On h , the City Council approved that certain Sales Tax Sharing Agreement with Covenanto7 authorizing a sales tax rebate incentive for the development of a new Subaru dealership on the Site; and C. The Sales Tax Sharing Agreement requires that the use of the Site be restricted to New Auto sales for a period of sixteen (16) years, and the execution and recordation of this Agreement is intended to fully satisfy these conditions. NOW, THEREFORE, the parties hereto agree and covenant as follows: i . Use Restriction. Covenantor agrees for itself and its successors and assigns, and every successor to Covenantor's interest in the Site, or any part thereof, that the Site shalt be held subject to this Declaration for sixteen (I b) years from the first day 16-5513/146897/I)KQ This dooxnent Is solety for the official businesf of the City of Huntington Basch, as contemplated under Government Code Sec. 6103 and M1otbs recorded free of charge. 247 of the month following Covenantor's opening of a new Subaru Auto Dealership on the Site as follows: a) New Auto Sales QrilY. Covenantor agrees that the Site will be used for purposes of New Auto sales only. As used in this Declaration, the term "Covenantor" shall mean Covenantor, its successors and assigns, and every successor to Covenantor's interest in the Project, or any part thereof. b) Duration. The terns of this agreement shall commence on the first day of the month following Covenantors opening of a new Subaru Auto Dealership on the Site and will continue for sixteen (16) years thereafter (the "Terra"). The covenant contained in this Section l shall run with the land and shall automatically terminate and be of no further force or effect upon the expiration of the Term. 2. Covenants for Benefit of City. All covenants without regard to technical classification or designation shall be binding for the benefit of the City and such covenants shall run in favor of the. City for the entire period during which time such covenants shall be in force and effect, without regard to whether the City is or remains an owner of any land or interest therein to which such covenants relate. The City, in the event of any breach of any such covenants, shall have the right to exercise all the rights and remedies and to maintain any such action at law or suits in equity or other proper legal proceedings to enforce and to cure such breach to which it or any other beneficiaries of these covenants may be entitled during the term specified for such covenants, except the covenants against discrimination which may be enforced at law or in equity at any time in perpetuity. 3. Binding on Successors and Assigns. The covenants and agreements established in this Declaration shall, without regard to technical classification and designation, be binding on Covenantor and any successor to Covenantor's right, title, and interest in and to all or any portion of the Project, for the benefit of and in favor of the City of Huntington Beach. All the covenants contained in this Declaration shall remain in effect for the Term, and shall automatically terminate and be of no further force or effect after such time. Upon expiration of the Affordability Period, City agrees to cooperate with Covenantor, at no cost to City, in removing this Declaration of record from the Site. 4. Counterparts_ This Agreement may be executed in a number of counterparts, each of which shall be an original, but all of which shall constitute one and the same document. Applicable Law. a) if any provision of this Agreement or portion thereof, or the application of any provision to any person or circumstances, shall to any extent be held invalid, inoperative, or unenforceable, the remainder of this Agreement, or the application of such provision or portion thereof to any other persons or circumstances, 16-55131146997/DKO 2 248 shall not:be affected thereby and it shall not deeded that any such invalid provision affects the consideration for this Agreement; acid each provision of this Agreement shall bevalid.andenforceableto the fullest extent permitted by law: b) This Agreement shall be construed.in accordance with the laws of the State of California and all applicable City Codes. IN WITNESS WHERE -Of, the City and Covenantor have caused this instrument to be executed on their behalf by their respective officers hereunto duty authorized as of the date`setforth above. COV.ENANTORc CITY: McKENNA RS HUNTINGTON CITY OF HUNTINGTON BEACH, I31 ACH;. IN liforiiiacorporation a Ca ifornia gnu 'cAQ ipalgorporation D nny McKenna By: hkkk3Vlyo ate s Katapodis prii t. 1 m ITS: ( ctrc=le=ore)lichairmal r' 1 ntNice (?resident AND City Clerk —Robin Estanislau Dann McKenna By: ITS: ( eiweAe) secretary Mef l:ina neial Officer/ Ass(. Secretary — Treasurer INITIATED AN APPROVED:. Depu Director of onomic Development REVI P A l APPROVED: City 4anager 16- 5513I146897/DKQ 3 249 FIVE-YEAR ECONOMIC DEVELOPMENT SUBSIDY REPORT PURSUANT TO GOVERNMENT CODE SECTION 53083 FOR A SALES TAX SHARING AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND MCKENNA MOTORS HUNTINGTON BEACH, INC. The following Five Year Report has been prepared pursuant to California Government Code Section 53083. Section 53083 requires that for economic development subsidy agreements approved on or after January 1, 2014, the city must hold a public hearing within five years to provide an update on the project. As required, this report reiterates details of the Sales Tax Sharing Agreement (Agreement) and provides information on subsidy payments to date. 1. The name and address of all corporations or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy. The Agreement is with McKenna Motors Huntington Beach, Inc. (McKenna), beneficiary of the economic development subsidy: McKenna Motors Huntington Beach, Inc. 18711 and 18801 Beach Boulevard Huntington Beach, CA 92647 2. The start and end dates and schedule, if applicable, for the economic development subsidy. The start date of the economic subsidy was on January 1, 2017, and it terminates 16 years later on December 31, 2033. 3. A description of the economic development subsidy, including the estimated total amount of the expenditures of public funds by, or of revenue lost to, the local agency as a result of the economic development subsidy. The economic development subsidy is equal to forty-five percent (45%) of the sales tax revenue received by the City for McKenna’s Volkswagen (VW) and Subaru dealerships in excess of $150,800 (base amount) for each year of the term. To date, the full amount paid by the City to McKenna as part of the economic development subsidy is $594,550.50 over the past 4.75 years. 250 4. The net tax revenue accruing to the local agency as a result of the economic development subsidy. The Agreement has retained substantial sales tax revenue for the City. Annual taxable sales for both the VW and Subaru dealerships since 2016 is $207,522,300. Thus far, McKenna has generated $2,075,223 in sales tax revenue. As shown below, the City has retained $1,480,672.83 of the total sales tax revenue. Fiscal Year*** Sales Tax Revenue Sales Tax Rebate City's Revenue* FY 2016-2017 $401,442.00 $112,788.90 $288,653.10 FY 2017-2018 $417,421.33 $119,979.60 $297,441.73 FY 2018-2019 $387,248.00 $106,401.60 $280,846.40 FY 2019-2020 $464,822.00 $141,309.90 $323,512.10 FY 2020-2021** $404,290.00 $114,070.50 $290,219.50 TOTAL $2,075,223.33 $594,550.50 $1,480,672.83 * Includes annual base of $150,800 ** Last quarter of the 5th fiscal year not received yet *** Fiscal year begins October 1 – September 30 Additionally, the property value has increased due to site acquisition and improvements, with an assessed value greater than $21 million in 2020. The City’s share of property taxes received by the County of Orange increased from $23,412 (FY 2015-16) to $31,866 (FY 2020-21), a difference of $8,454. 5. The number of jobs created by the economic development subsidy, broken down by full-time, part-time, and temporary positions. Subaru has hired a total of 37 full-time employees and they had approximately 300 workers onsite during construction. 251 City of Huntington Beach File #:21-852 MEETING DATE:11/16/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Sean Crumby, Director of Public Works Subject: Authorize the City Manager to execute a Sole Source purchase order for the purchase of two (2) Tesla Model Y Electric Vehicles for addition to the Police Department fleet Statement of Issue: All sole source purchases over $50,000 must be approved by City Council. Staff is recommending approval of a sole source purchase of two (2) Tesla Model Y Electric Vehicles. Financial Impact: The quote for both vehicles is $104,860. Funds in the amount of $160,000 for this purchase are available in Air Quality Management District (AQMD) fund 20185201.85050. The additional funds will be used to outfit the vehicles. Recommended Action: Approve the sole source purchase of two (2) Tesla Model Y Electric Vehicles. Alternative Action(s): Do not approve the purchase. Analysis: The City is in the process of transitioning its fleet to alternative fuel and away from traditional fossil fuel. This will incorporate electric vehicles and smaller trucks, as well as utilizing alternate fuels for larger, heavy-duty equipment, where practical. To that end, staff has begun exploring electric vehicle (EV) options for its police patrol cars. Tesla provided cars for the City to test in September, at which time the Tesla Model 3 and Model Y were driven. Staff determined that the Model 3 rear seating area was not large enough to accommodate one or more arrested individuals, and the trunk space was not sufficient to contain the various electronics and patrol equipment that the Police Department requires. However, the Model Y’s seating and cargo space were larger and able to accommodate both needs. Currently, Tesla is the only EV manufacturer to offer an appropriately sized SUV that can be City of Huntington Beach Printed on 11/10/2021Page 1 of 2 powered by Legistar™252 File #:21-852 MEETING DATE:11/16/2021 converted into a patrol car. Staff investigated other EVs and visited Huntinton Beach Ford to consider the Mach E. Unfortunately, that vehicle and others do not meet the size requirements and other needs of the Police Department. The Model Y provides more power and a longer lasting battery system than any other manufacturer at this time. Compared to other EVs, the Tesla’s also have an unobstructed view with minimal blind spots that will enhance public safety. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Sole Source Purchase Justification City of Huntington Beach Printed on 11/10/2021Page 2 of 2 powered by Legistar™253 254 255 256 City of Huntington Beach File #:21-863 MEETING DATE:11/16/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Travis K. Hopkins, Assistant City Manager Subject: Adopt Resolution Nos. 2021-65 and 2021-66 and approve for introduction Ordinance Nos. 4239, 4240, 4241, 4242, 4243, 4244 to update the Huntington Beach Municipal Code to reform, consolidate, and dissolve a select number of the City’s Boards, Commissions, and Committees Statement of Issue: As part of the 2021 Strategic Planning session, City Council identified the streamlining of its Boards, Commissions, and Committees (BCCs) as a key priority and formed an Ad-hoc Council Committee. The ad-hoc Committee subsequently met with City Staff on April 27, May 24, June 8, July 29, August 10, and September 27, 2021 and developed ten recommendations for City Council’s consideration. On October 19, the City Council approved ten recommendations to reform, consolidate and/or dissolve a select number of BCCs. Per the Council’s direction, Staff prepared the appropriate Resolution(s) and Ordinances necessary to implement adjustments approved by the Council. One of adjustments was to modify Personnel Commission’s scope to refocus primarily on the critical matters related to investigations, appeals, and impasse matters, and leave job classification reviews to the City’s administrative function. Staff is currently in the process of reviewing and updating current Personnel Rules adopted in 1974, including duties of the Personnel Commission and will bring a resolution back to the City Council for its consideration and adoption upon the completion of updating Personnel Rules. Separately, the City Council directed Staff to form the Disability Advisory Committee as a separate stand-alone committee with potentially seven at-large citizen appointees, rather than having it as a subcommittee of the Citizens Infrastructure Advisory Board/Public Works Commission to address needs of people with disabilities in Huntington Beach. As such, Staff plans to present a proposal with roles and structure of such committee to the City Council at a later time. The Huntington Beach Municipal Code 2.100 Operating Policies for Boards and Commissions also requires adjustments to modernize and make rules clear, consistent, and enforceable across all BCCs. The City will be enforce and ensure that all BCCs adhere to this code once the amendment is approved. City of Huntington Beach Printed on 11/10/2021Page 1 of 6 powered by Legistar™257 File #:21-863 MEETING DATE:11/16/2021 Financial Impact: Not applicable Recommended Action: A) Approve the official dissolution of the Strategic Planning Ad-hoc Committee and BCC Review Ad- hoc Committee; and/or, B) Approve the consolation of the Economic Development Committee and Downtown Economic Development Committee; and/or, C) Approve the conversion of Smart Cities Ad-hob Committee into a standing, three-Council member, Smart Cities & Technology Committee; and/or, D) Adopt Resolution No. 2021-65, “A Resolution of the City Council of the City of Huntington Beach repealing Resolution No. 2000-78 to formally dissolve the Children’s Needs Task Force;” and/or, E) Adopt Resolution No. 2021-66, “A Resolution of the City Council of the City of Huntington Beach amending and reconstituting the Human Relations Task Force to the Huntington Beach Human Relations Committee (HBHRC);” and/or, F) Approve for Introduction Ordinance No. 4242, “An Ordinance of the City Council of the City of Huntington Beach amending the Huntington Beach Municipal Code by repealing Chapter 2.103 and 2.111 and creating a new chapter 2.111 titled “Citizen Infrastructure Advisory Board/Public Works Commission;” and approve the official dissolution of the Beautiful, Landscape, and Tree (BLT) Committee; and/or, G) Approve for Introduction Ordinance No. 4241, “An Ordinance of the City Council of the City of Huntington Beach repealing the Huntington Beach Municipal Code Chapters 2.64 and 2.84 and adding a new chapter 2.64 titled Community Services Commission;” and/or, H) Approve for Introduction Ordinance No. 4243, An Ordinance of the City Council of the City of Huntington Beach repealing the Huntington Beach Municipal Code Chapter Chapters 2.86 and 2.30 and add a new chapter 2.30 titled Community and Library Services Department;” and/or, I) Approve for Introduction Ordinance No. 4240, “An Ordinance of the City Council of the City of Huntington Beach amending the Huntington Beach Municipal Code Chapter 2.102 entitled Environmental & Sustainability Board;” and/or, J) Approve for Introduction Ordinance No. 4239, “An Ordinance of the City Council of the City of Huntington Beach amending the Huntington Beach Municipal Code Chapter 2.109 entitled Finance Commission;” and/or, K) Approve for Introduction Ordinance No. 4244, “An Ordinance of the City Council of the City of Huntington Beach amending the Huntington Beach Municipal Code Chapter 2.100.” Alternative Action(s): City of Huntington Beach Printed on 11/10/2021Page 2 of 6 powered by Legistar™258 File #:21-863 MEETING DATE:11/16/2021 Do not approve the recommendation and direct staff accordingly. Analysis: Per the City Council’s direction, Staff worked with City Attorney’s Office and prepared the appropriate Resolution(s), Ordinance(s), and other reports necessary to implement adjustments approved by the Council. Such documents are presented tonight for the Council’s consideration and official adoption. 1. Approve the official dissolution of the Strategic Planning Ad-hoc Committee and BCC Review Ad-hoc Committee as their goals have been met. 2. Approve combining of the Downtown Economic Development Committee and the Economic Development Committee (EDC), comprising of the Mayor, Mayor Pro Tem, and Immediate Past Mayor. The EDC will meet every other month and as-needed. 3. Approve the conversion of Smart Cities Ad-hoc Committee into Smart Cities & Technology Committee. Per the Council’s approval, this Committee becomes a standing Council Committee comprised of three appointed City Council members, whose goal is to provide strategic policy direction towards the City’s Smart Cities roadmap / broadband master plan efforts as well as other innovative technology initiatives. 4. Adopt Resolution No. 2021-65 to repeal Resolution No. 2000-78 to formally dissolve the Children’s Needs Task Force. This allows an official dissolution of the Children’s Needs Task Force and its current members will retire effectively at the time of its dissolution. 5. Adopt Resolution No. 2021-66 to officially rename the Human Relations Task Force to the Human Relations Committee, approve its updated bylaws, and adopt the Declaration of Policy About Human Dignity (See Attachment 2). On October 19, 2021, the City Council approved the renaming the Human Relations Task Force (HRTF) to Huntington Beach Human Relations Committee (HBHRC) and directed Staff. The updated bylaws were approved by the HRTF and submitted tonight for the City Council’s approval. Key changes include: o Revise the HRTF’s title as the Huntington Beach Human Relations Committee o Update the Committee’s bylaws to be consistent with HBMC 2.100 o Add the following Vision Statement to the Committee’s bylaws: Ø Huntington Beach is a community where all people feel respected, valued, and are free from discrimination and violence. o Revise the Mission Statement from “to promote and celebrate diversity in our community through education and understanding” to “to inspire and promote mutual understanding, respect, safety, and the wellbeing of all in our community through education and engagement.” The attached bylaws were reviewed by the City Attorney and are approved as to form. Additionally, on January 19, 2021, at the requests of Mayor Carr and Councilmember Moser through City of Huntington Beach Printed on 11/10/2021Page 3 of 6 powered by Legistar™259 File #:21-863 MEETING DATE:11/16/2021 Additionally, on January 19, 2021, at the requests of Mayor Carr and Councilmember Moser through the Council Item, the City Council also approved the reaffirmation of the Declaration of Policy About Human Dignity. In response to the exponential increase in hate crimes and incidents in the region over the past two years (based on the data included in the 2020 Orange County Human Relations Hate Crimes Report released on September 17, 2021), Mayor Carr also directed the Task Force to review and enhance the 25-year old document. As such, the HRTF discussed and made recommended changes on the Declaration of Policy About Human Dignity. The updated document is being presented for City Council’s consideration and official adoption. This declaration was reviewed by the City Attorney and is approved as to form. 6. Adopt Ordinance No. 4242 to amend the Huntington Beach Municipal Code by repealing Chapter 2.103 and 2.111 and creating a new chapter 2.111 titled “Citizen Infrastructure Advisory Board/Public Works Commission”; Approve the official dissolution of the Beautiful, Landscape, and Tree (BLT) Committee. This allows the City to consolidate the Citizens Infrastructure Advisory Board (CIAB), Public Works Commission, and Beautification, Landscape, and Trees (BLT) Committee into the new CIAB/Public Works Commission. This will rename the Public Works Commission as the CIAB/Public Works Commission, incorporate the scopes of work for three advisory bodies and include the following provisions: o All current members of both bodies who remain in good standing will continue to serve in the new Commission until their terms sunsets. The Commission will thereafter be comprised of seven members serving the term that coincides with his / her Council appointer’s term. o Incorporate the BLT’s scope of work (excluding the administrative functions) into the duties of the CIAB/PW Commission. Current BLT Committee members will be released from membership. o Require future new members of the CIAB/PW Commission to be residents with special interest, training, and/or experience in the field of Public Works. o Revise the minimum project dollar threshold ($50,000) to be consistent with the City’s policies related to CIP projects. 7. Adopt Ordinance No. 4241 to repeal the HBMC Chapters 2.64 and 2.84 and add a new chapter 2.64 Community Services Commission 8. Adopt Ordinance No. 4243 to repeal the HBMC Chapters 2.30 and 2.86 and add a new chapter 2.30 Community and Library Services Department This enables the City to consolidate the Community Services Commission and Library Board of Trustees and to amend the HBMC chapters reflecting the reorganization of the Community and Library Services Department as one department. Key changes in provisions include: o All existing members in good standing with the Library Board and Community Services Commission will continue to serve in their current terms until they sunset. The Commission will thereafter be comprised of seven members serving the term that City of Huntington Beach Printed on 11/10/2021Page 4 of 6 powered by Legistar™260 File #:21-863 MEETING DATE:11/16/2021 coincides with his / her Council appointer’s term. o Remove the six one-year term member positions from the Community Services Commission. o Remove the Library Board of Trustee section on “Library Privileges Regulated” and incorporate such duties and authorities to the Community and Library Services Director, who is best equipped to oversee the library privileges and operations. 9. Adopt Ordinance No. 4240 to amend HBMC Chapter 2.102 Environmental and Sustainability Board This allows the City to re-establish the Environmental Board as the Environmental and Sustainability Board and refine its role to develop and monitor progress on the City’s comprehensive Sustainability Master Plan. The membership will be changed from 9 to 7 citizen members and chaired by two Council Liaison members. The Board will meet every other month and as needed. 10. Adopt Ordinance No. 4239 to amend HBMC Chapter 2.109 Finance Commission This allows the City to modify the Finance Commission structure to better align with the Finance Department’s fiscal year milestones, which include mid-year and annual budget reviews and audits. The composition of the Commission continues to be seven (7) individual Council appointees, but preferably with a professional finance or budgeting background. The Finance Commission will meet six times per year and as needed at the request of the City Council or by Finance Commission request with the approval of the City Council. 11. Adopt Ordinance No. 4244 to amend HBMC Chapter 2.100 Operating Policies for Boards and Commissions During this review, it was identified that the Huntington Beach Municipal Code 2.100 Operating Policies for Boards and Commissions also requires adjustment to modernize and make rules consistent and enforceable across all BCCs. The City will ensure that all BCCs adhere to this code once the amendment is approved. The amendment include rules regarding removal of members, record retentions, and attendance requirements. Change in provisions include: o Removal of Members (New): Members may be appointed and positions maintained by individual or majority of City Council. o Attendance (Revised): Members with unexcused absences greater than one third of the scheduled meetings during a calendar year or miss more than two consecutive unexcused absences shall automatically vacate the office. o Records (New): Records of the boards and commissions, and committees shall be retained per the City’s Records Retention Guideline. Environmental Status: Not applicable City of Huntington Beach Printed on 11/10/2021Page 5 of 6 powered by Legistar™261 File #:21-863 MEETING DATE:11/16/2021 Strategic Plan Goal: Community Engagement Attachment(s): 1. PowerPoint Presentation 2. Resolution No. 2021-65, “A Resolution of the City Council of the City of Huntington Beach repealing Resolution No. 2000-78 to formally dissolve the Children’s Needs Task Force” 3. Resolution No. 2021-66, “A Resolution of the City Council of the City of Huntington Beach amending and reconstituting the Human Relations Task Force to the Huntington Beach Human Relations Committee (HBHRC” 4. Ordinance No. 4242, “An Ordinance of the City Council of the City of Huntington Beach amending the Huntington Beach Municipal Code by repealing Chapter 2.103 and 2.111 and creating a new chapter 2.111 titled “Citizen Infrastructure Advisory Board/Public Works Commission” 5. Ordinance No. 4241, “An Ordinance of the City Council of the City of Huntington Beach repealing the Huntington Beach Municipal Code Chapters 2.64 and 2.84 and adding a new chapter 2.64 titled Community Services Commission” 6. Ordinance No. 4243, An Ordinance of the City Council of the City of Huntington Beach repealing the Huntington Beach Municipal Code Chapter Chapters 2.86 and 2.30 and add a new chapter 2.30 titled Community and Library Services Department” 7. Ordinance No. 4240, “An Ordinance of the City Council of the City of Huntington Beach amending the Huntington Beach Municipal Code Chapter 2.102 entitled Environmental & Sustainability Board” 8. Ordinance No. 4239, “An Ordinance of the City Council of the City of Huntington Beach amending the Huntington Beach Municipal Code Chapter 2.109 entitled Finance Commission” 9. Ordinance No. 4244, “An Ordinance of the City Council of the City of Huntington Beach amending the Huntington Beach Municipal Code Chapter 2.100” City of Huntington Beach Printed on 11/10/2021Page 6 of 6 powered by Legistar™262 City Council Meeting November 16, 2021 City of Huntington BeachBoard, Commission, & Committee (BCC) Reconfiguration ‐Approval and Adoption of Resolutions and OrdinancesCity Council Meeting 1263 2Background • A part of the 2021 Strategic Planning and Policy Priority document, staff was directed to work with City Council to develop recommended updates.• An Ad‐hoc Committee of 3 City Council Members was formed on March 15, 2021> Committee met six times on April 27, May 24, June 8, July 29, August 10, and September 27, 2021 and developed ten recommendations.• On October 19, the City Council approved ten recommendations to reform, consolidate and/or dissolve a select number of BCCs.• Per the Council’s direction, Staff prepared the appropriate Resolution(s) and Ordinances necessary to implement adjustments for your approval. • The HBMC 2.100 Operating Policies for Boards and Commissions also requires adjustment to make rules consistent and enforceable across all BCCs. City Council Meeting 2264 3Recommended Actions 1. Approve the official dissolution of the Strategic Planning Ad‐hoc Committee and BCC Review Ad‐hoc Committee2. Approve the consolidation of the Economic Development Committee and Downtown Economic Development Committee•A standing Council Committee, comprised of the Mayor, Mayor Pro Tem, and Immediate Past Mayor •The EDC will meet every other month and as needed3. Approve the conversion of Smart Cities Ad‐hoc Committee into a standing Smart Cities & Technology Committee•Structure: a standing, three‐Council member Committee, appointed by the City Council •Goal: to provide strategic policy direction towards the City’s Smart Cities roadmap / broadband master plan efforts as well as other innovative technology initiatives. City Council Meeting 3265 4Recommended Actions 4. Adopt Resolution No. 2021‐65, “A Resolution of the City Council of the City of Huntington Beach repealing Resolution No. 2000‐78 to formally dissolve the Children’s Needs Task Force;” •Their purpose of addressing the needs of the children in the community can be served by school districts, community‐based organizations, and through on‐going programs performed by City staff, the Library, the Youth Board, and quarterly School District / City Committee meetings•Current members will retire effectively at the time of its dissolution 5. Adopt Resolution No. 2021‐66, “A Resolution of the City Council of the City of Huntington Beach amending and reconstituting the Human Relations Task Force to the Huntington Beach Human Relations Committee (HBHRC);”•Approve its updated bylaws voted by the HRTF on August 10, 2021 including a new Vision Statement and revised Mission Statement, along with minor administrative changes. •Adopt the updated Declaration of Policy About Human Dignity; per Mayor Carr and Councilmember Moser’s direction, HRTF reviewed and made recommended changes on the Declaration document.City Council Meeting 4266 5Recommended Actions 6. Adopt Ordinance No. 4242, “An Ordinance of the City Council of the City of Huntington Beach amending the Huntington Beach Municipal Code by repealing Chapter 2.103 and 2.111 and creating a new chapter 2.111 titled “Citizen Infrastructure Advisory Board/Public Works Commission;” and approve the official dissolution of the Beautification, Landscape, and Tree (BLT) Committee.•All current members of both bodies who remain in good standing will continue to serve in the new Commission until their terms sunsets.•The Commission will thereafter be comprised of seven members serving the term that coincides with his / her Council appointer’s term. •Incorporate the BLT’s scope of work (excluding the administrative functions) into the duties of the CIAB/PW Commission. Current BLT Committee members will be released from membership.•Require future new members of the CIAB/PW Commission to be residents with special interest, training, and/or experience in the field of Public Works.•Remove the minimum project dollar threshold ($50,000) to be consistent with the City’s policies related to CIP projects.City Council Meeting 5267 6Recommended Actions 7. Adopt Ordinance No. 4241, “An Ordinance of the City Council of the City of Huntington Beach repealing the Huntington Beach Municipal Code Chapters 2.64 and 2.84 and adding a new chapter 2.64 titled Community Services Commission;” 8. Adopt Ordinance No. 4243, An Ordinance of the City Council of the City of Huntington Beach repealing the Huntington Beach Municipal Code Chapter Chapters 2.86 and 2.30 and add a new chapter 2.30 titled Community and Library Services Department;” All existing members in good standing with the Library Board and Community Services Commission will continue to serve in their current terms until they sunset. The Commission will thereafter be comprised of seven members serving 4‐year terms.•Remove the six one‐year term member positions from the Community Services Commission.•Remove the Library Board of Trustee section on “Library Privileges Regulated” and incorporate such duties and authorities to the Community and Library Services Director, who is best equipped to oversee the library privileges and operations.City Council Meeting 6268 7Recommended Actions 9. Adopt Ordinance No. 4240, “An Ordinance of the City Council of the City of Huntington Beach amending the Huntington Beach Municipal Code Chapter 2.102 entitled Environmental & Sustainability Board;” To re‐establish the Environmental Board as the Environment and Sustainability Board and refine its role to develop and monitor progress on the City’s comprehensive Sustainability Master Plan•Membership: changed from 9 to 7 members including five (5) citizen members appointed by the City Council and two Council Liaison members who shall be Chair and Vice Chair, unless the Council Liaison delegates the positions to another Board member •Limit board membership to two consecutive terms of 4 years, to be consistent with the “HBMC 2.100 – Operating Policies for Boards and Commissions” •Meeting: meet every other month and as needed. City Council Meeting 7269 8Recommended Actions 10. Adopt Ordinance No. 4239 “An Ordinance of the City Council of the City of Huntington Beach amending the Huntington Beach Municipal Code Chapter 2.109 entitled Finance Commission;” •To modify the Finance Commission structure to better align with the Finance Department’s fiscal year milestones•7 individual Council appointees, but preferably with a professional finance or budgeting background•Meeting: meet six times per year and as needed at the request of the City Council or by Finance Commission request with the approval of the City CouncilCity Council Meeting 8270 9Recommended Actions 11. Adopt Ordinance No. 4244 “An Ordinance of the City Council of the City of Huntington Beach amending the Huntington Beach Municipal Code Chapter 2.100 Operating Policies for Boards and Commissions”To modernize and make rules consistent and enforceable across all BCCs. Key changes include: –Removal of Members (NEW) “Members may be appointed and positions maintained by individual or majority of City Council” Attendance (REVISED) “Members with unexcused absences greater than one third of the scheduled meetings during a calendar year or miss more than two consecutive unexcused absences shall automatically vacate the office.”–Records (NEW) “Records (e.g. meeting agendas, minutes, and staff reports) of the boards and commissions, and committees shall be retained per the City’s Records Retention Guideline.” City Council Meeting 9271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 City of Huntington Beach File #:21-875 MEETING DATE:11/16/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Ursula Luna-Reynosa, Director of Community Development Subject: Consider 1) Directing Staff to Solicit Proposals to Prepare Construction Documents for a Redesign of Main Street and 2) an Extension of the Temporary Closure of the Second block of Main Street to Vehicular Traffic Statement of Issue: As part of the COVID-19 pandemic response, the City Council authorized a temporary closure of the second block of Main Street to vehicular traffic and allowed businesses to expand into the right-of- way. This closure has been in effect for approximately one year and has been extended until December 31, 2021. There has been favorable community response to the closure which caused staff to retain the services of Studio One Eleven to study permanent options related to Main Street as well as to study overall connectivity strategies between Main Street and the greater downtown area. Studio One Eleven has prepared two schemes for Main Street reconfiguration for City Council’s consideration. Financial Impact: If the City Council directs staff to procure a design professional to prepare construction documents to reconfigure Main Street, staff will return to the City Council with a contract for approval. At that time, the cost of the contract will be known and disclosed. There is no fiscal impact associated with directing staff to solicit proposals, and the City Council has previously allocated $1.75 million in Federal COVID relief ARPA dollars towards advancing this initiative. Recommended Action: A) Direct staff to solicit proposals to prepare construction documents for Main Street reconfiguration. And B) Direct Staff to extend the temporary closure of the second block of Main Street to vehicular traffic during the reconfiguration evaluation. Alternative Action(s): Do not direct staff to solicit proposals and direct staff accordingly. City of Huntington Beach Printed on 11/10/2021Page 1 of 3 powered by Legistar™330 File #:21-875 MEETING DATE:11/16/2021 Analysis: At the September 7th City Council meeting, the City Council authorized the City Manager to continue the temporary closure of the second block of Main Street to vehicular traffic to accommodate outdoor dining and retail in the public right-of-way through December 31, 2021. At the same meeting staff informed the Council that Studio One Eleven had been retained to further refine some connectivity ideas developed by RSM design which focused on connectivity strategies between Main Street and the resorts to the south-east. Studio One Eleven was also tasked with studying Main Street, as part of the COVID-19 response to the second block closure, and recommending permanent options for consideration. Studio One Eleven will present to the City Council two reconfigurations of Main Street; option one, a Plaza Scheme, and option two, a One-Way Flex Scheme. The Plaza Scheme envisions a full closure of Block 2 to vehicular traffic on Main Street to create a pedestrian plaza that is an everyday public space for residents and visitors. This scheme will reconfigure and expand on on-street dining that supports the existing restaurants on all three blocks. The One-Way Flex Scheme envisions reconfiguring all three blocks on Main Street to one-way traffic that makes space for a pedestrian promenade on the northern side of the street. This scheme will reconfigure and expand on-street dining on all three blocks as well. The two schemes were shared with the Ad Hoc Committee (Mayor Carr, Mayor Pro Tem Delgleize, and Councilwoman Moser) as well as with a focus group of stakeholders (property owners, business owners, hoteliers, Downtown BID and VHB). While comments were generally favorable for both options and stakeholders acknowledged that either selection results in much needed community investment in downtown, the overwhelming consensus was a preference for the Plaza Scheme. The Plaza Scheme was seen as an opportunity to truly create an outdoor living room for the community. It was acknowledged that the longer customers stay in downtown the more likely they are to patronize multiple restaurants and shops. The ability to program and activate the plaza provides an opportunity to attract more customers and to instill civic pride in the community. Both schemes offer the ability for businesses along all three blocks to reconfigure and expand private, outdoor dining opportunities. Based on this feedback, staff is recommending that the City Council direct staff to solicit proposals from design professionals to take the Plaza Scheme concept to full construction documents. There are three phases to developing the working drawings; schematic design, design development, and finally, construction documents. Community outreach regarding design themes will be conducted to refine the scheme selected by the City Council. Staff will check in with the Ad Hoc Committee during the schematic design phase. Towards the end of this phase staff will prepare a presentation, to the entire City Council, which will include computer renderings. At this point the design won’t include final materials. A project narrative will be included which will broadly describe the project and a more refined cost estimate will be included. During the design development phase a much more detailed set of drawings and a specification book will be prepared. There will be additional opportunities for community input related to street furniture, colors, hardscape, landscape, lighting, etc. This input will be shared with the Ad Hoc Committee and City of Huntington Beach Printed on 11/10/2021Page 2 of 3 powered by Legistar™331 File #:21-875 MEETING DATE:11/16/2021 they will be asked to make some recommendations that will be shared with the entire City Council prior to finalization. The cost estimate will again be refined based on selected finished materials. The final phase includes a complete set of drawings and specifications, referred to as construction documents. At this phase, staff will ask Council to direct staff to solicit bids to construct the improvements. On June 1, 2020, the City Council authorized and directed the City Manager to 1) expand the Temporary Emergency Use Permit (TEUP) to allow outdoor dining and retail displays and 2) expand the use of temporary signs and banners as a response to mitigate limited business operations during the early stages of the pandemic. Businesses are now able to open at full capacity. Staff will communicate to TEUP holders that the privileges conferred under the TEUP will cease effective December 31, 2021 at midnight. Restaurants that are interested in continuing outdoor dining operations may pursue a permit that allows outdoor dining. If the outdoor space that they desire to occupy is City right-or-way, they will need to pursue an encroachment permit in addition to an Administrative Permit (type - Outdoor Dining). Encroachment permits to convert public parking spaces into parklets for outdoor dining will not be considered as the loss of on-street public parking is problematic. Code Enforcement will also issue warnings to businesses utilizing temporary signs and banners but will commence regular enforcement effective January 1, 2022. If the City Council directs staff to solicit design proposals, then staff recommends that the temporary closure of the second block be extended. This temporary extension should continue until either 1) the City Council decides not to proceed with a reconfiguration of Main Street or 2) commencement of Main Street reconfiguration improvement. Construction cannot commence until replacement parking spaces are identified for any lost spaces due to the project. Environmental Status: Pursuant to Sections 15060(c)(2) and 15060(c)(3) of the California Environmental Quality Act (CEQA) guidelines, CEQA does not apply to this action because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and it is not a “project” pursuant to Section 15378(b)(5) of the State CEQA Guidelines. A future project contemplating the reconfiguration of a portion of Main Street may be considered in the future. Environmental analysis will be conducted prior to awarding a construction contract to construct such improvements. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Downtown SWOT Analysis 2. Main Street Scenarios Review City of Huntington Beach Printed on 11/10/2021Page 3 of 3 powered by Legistar™332 City of Huntington Beach, May 2021 Downtown Urban Design StudyHuntington Beach, CA SWOT ANALYSIS 333 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 Existing Context: Study Areas MAIN STREET ACTIVATIONMain Street5 minute walk radius5th Street6th StreetPACIFIC CITY STRAND PARKING STRUCTURE MAIN ST GARAGE HUNTINGTON CITY BEACH W a l n u t A v e D O W N T O W N S P E C I F I C P L A N E X T E N T S E x i s t i n g b i k e i n f r a s t r u c t u r e Pac i f i c V i e w A v e n u e P a c i f i c C o a s t H i g h w a y Ol i v e S t O r a n g e A v e 2nd StreetHuntington StAlabama StLake StAtlanta Avenue Designated for Visitor-Serving Commercial Uses in the Downtown Specific Plan Designated Neighborhood Subdistrict in the Downtown Specific Plan Downtown Specific Plan Boundary LEGEND Existing Bike Infrastructure Public Parking Lot or Garage 1st StreetP P P P P P HUNTINGTON BEACH PIER 3rd StreetD O W N T O W N C O N N E C T I O N S 5 minute walk radi u s INTERNATIONAL SURFING MUSEUM 334 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 Main Street Activation 335 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 Street Parking Sidewalk Seating ParkletBike CorralPACIFIC COAST HIGHWAYWALNUT AVEORANGE AVEOLIVE AVEMAIN ST FIRST BLOCK EXISTING STREET ACTIVATION ON MAIN STREET ( April 2021) SECOND BLOCK PARKING GARAGE TO PIER THIRD BLOCK Sidewalk RetailStreet Closure Sidewalk Dining Main Street Activation: Strengths Pedestrian scaled main street with existing streetscape and placemaking components such as widened sidewalks, trees and street lighting. 1 - SCALE 2 - ACTIVITY 3 - MAIN STREET PILOT Low vacancy rate on Main Street - existing active retail and F&B businesses, as well as sidewalk vendors that activate the three blocks of Main Street. This area is designated for Visitor-Serving Commercial Uses on the ground floor through the Downtown Specific Plan. Main Street already has a local and international draw/visitation. Successful street closure on the second block and street dining initiative on all three blocks sustained through COVID-19, without major impacts to traffic. 336 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 Main Street Activation: Strengths Existing Main Street Programming – Weekly Farmers’ markets as well as other annual and seasonal events hosted on the street and attended by a large audience. 4 - PROGRAMMING 5 - BRAND 6 - PARKING Surf City identity is a strong local brand. It lends uniqueness to Huntington Beach as a destination. This was reflected in signage, transit benches, etc. Existing City parking garages with over 1200 parking stalls, and street parking on adjacent streets support current need. Bike corrals and parking for skateboards are provided on Main Street in addition to vehicular parking. 337 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 Main Street Activation: Weaknesses Lack of certainty of street space availability for businesses to make investments in outdoor dining or parklets Lack of consistency in visual character and aesthetic for al fresco dining, street trees, furnishings, landscaping etc. to create a welcoming and cohesive environment Limited public space amenities such as seating and shade Need for improved feeling of safety and inclusivity for all users in the evenings/ at night Better wayfinding for both pedestrians and vehicles from Pacific Coast Highway to highlight Main Street as a destination Diversity of tenanting needed to make the first block more active throughout the day and evening Landscape acts more as a barrier, especially along the third block, separating the ground floor facade activity and sidewalk from the street 1 2 2 3 3 4 5 6 7 75 338 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 Main Street Activation: Opportunities/Possibilities Build on the success of the COVID-19 pilot to create a permanent urban plaza that compliments the pier plaza, and serves as an outdoor community living room with dining, art, shade, and lighting on the second block Better connect the first block with the public activity on the Pier through visual and pedestrian enhancements, such as a mural scramble crosswalk or creative crosswalks Develop Al Fresco design guidelines focused on a more unified palette of treatments and materiality Create more opportunities along the first block for programming and retail activity to spill into the public realm Reposition the Post Office property on the third block as an opportunity for adaptive reuse or mixed-use development Improve and unify the streetscape through a cohesive tree palette Improve ground-level landscaping on the third block to create more porosity of activity on the ground floor. 1 13 3 4 5 6 7 2 RESTAURANTS WITH PARKING GARAGE BEHIND PUBLIC PARKING SPORTING GOODS + DINING ABOVE SURF SHOP + SPORTING GOODS WALNUT AVENUEOLIVE AVEORANGE AVEPACIFIC COAST HIGHWAYFIRST BLOCKPIER SECOND BLOCK THIRD BLOCK RETAIL & RESTAURANTS SMALL RETAIL INTERNATIONAL SURF MUSEUM POST OFFICE SURFACE LOT RETAIL & RESTAURANTS RESIDENTIAL ABOVE 7 VISITOR COMMUNITYURBAN LIVING ROOM 4 5 339 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 Main Street Activation: Opportunities/Possibilities CONSISTENCY THROUGH BRANDING, DESIGN GUIDELINES OR KIT OF PARTS FOR DINING URBAN DINING PLAZA / COMMUNAL SEATING ON THE SECOND BLOCKLANDSCAPE AND LIGHTING AS UNIFYING STREETSCAPE ELEMENTS ACROSS ALL THREE BLOCKS FLEXIBLE URBAN/PEDESTRIAN PLAZA WITH PROGRAMMED ACTIVITY ON THE FIRST OR SECOND BLOCK 340 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 Main Street Activation: Opportunities/Possibilities PEDESTRIAN SCRAMBLE CONNECTING TO THE ACTIVITY OF THE PIERTREE-LINED PEDESTRIAN PROMENADE OR SHARED STREET ON THE FIRST BLOCK INTERSECTION MURALS / CREATIVE CROSSWALKS AT ENTRY TO MAIN STREETADAPTIVE REUSE OF THE POST OFFICE AND PARKING LOT ON THE THIRD BLOCK 341 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 Main Street Activation: Threats Lack of consensus or support from businesses and residents on permanent street reconfigurations. Lack of resources for governance, management and maintenance of new/added public spaces and public amenities. 1 2 342 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 Downtown Connections 343 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 Downtown Connections: Strengths Main Street is located within walking distance to key destinations such as Pacific City and accessible by resort visitors Existing network of streets provides multiple routes for pedestrian access to Main Street There is a density and diversity of people -- visitors and residents in the catchment area for Main Street DOWNTOWN SPECIFIC PLAN LAND USES Downtown Specific Plan Area Downtown Core - Mixed Use Visitor-Serving Mixed-Use Visitor-Serving Recreation Established Residential Multi-family Residential Beach 1 2 3 10-minute walk PA C I F I C C O A S T H I G H W A Y 1st STREET6th STREETHUNTINGTON STREETHYATT REGENCY HILTON WATERFRONT BEACH RESORT PACIFIC CITY MAIN ST HUNTINGTON BEACH PIER 5- minute walk344 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 Downtown Connections: Weaknesses Fast moving traffic, constrained sidewalks and lack of mid-block crossings along Pacific Coast Highway contribute to a reduced pedestrian experience. No clear entry experience from the south and lack of pedestrian wayfinding and branding elements that can highlight the presence of Main Street further south along Pacific Coast Highway 1 2 PA C I F I C C O A S T H I G H W A Y WAL N U T A V E 2nd STREET3rd STREETMAIN STREET CONSTRAINED SIDEWALKS INTERRUPTED BY DRIVEWAYS LACK OF CROSSING / CROSSWALK NO BRANDING OR WAYFINDING SIGNAGE PACIFIC COAST HIGHWAY 345 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 Downtown Connections: Weaknesses Atypical street grid and missing crosswalks at Walnut St and 1st St creates lack of legibility and barrier to safe pedestrian connections, where pedestrians are forced to use landscaped median as refuge. Existing oil operations create challenges for realignment of street grid. Industrial uses are visually problematic and inconsistent with the long-term goals for Downtown. 1st Street needs more character as the gateway/ entrance to Downtown from the other destinations to the south. 3 4 5 MISSING CROSSWALK OIL DRILLING SITES 1st STREETPA C I F I C C O A S T H I G H W A Y WAL N U T A V E PACI F I C V I E W A V E2nd STREEETWALNUT AVE MEDIAN CREATES A BARRIER LACK OF CHARACTER AND ACTIVATED EDGES ON 1ST STREET MISSING PEDESTRIAN CROSSING MISSING STREET LINK 1st ST and WALNUT AVE 346 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 Downtown Connections: Opportunities/Possibilities Improving pedestrian wayfinding to Main Street from the south along Pacific Coast Highway and Walnut with a branded experience by implementing a signage/wayfinding program. Create a visual gateway element at 1st Street and PCH to mark the entrance into Downtown on the South (mentioned in the Downtown Specific Plan) Pedestrianize Pacific Coast Highway with wider sidewalks, especially at the pinch points, with coordination from property owners fronting the street or Caltrans Explore working with CalTrans to reconfigure Pacific Coast Highway from 3 to 2 lanes on each side, from 6th Street to Huntington St, to create spaace for improved bike and pedestrian infrastructure. PACIFIC COAST HIGHWAY 1 2 3 4 Main Street 5th Street 6th StreetWalnut AvePacific View AvenuePacific Coast HighwayOlive StOrange Ave2nd Street Huntington StAlabama StLake StA t l a n t a A v e n u e 3rd Street 1 1 3 2 3 4 4 EXISTING CONDITION NORTH OF 6th ST - 2 LANES EACH WAY EXISTING CONDITION 6th ST TO HUNTINGTON ST - 3 LANES EACH WAY EXISTING CONDITION SOUTH OF HUNTINGTON ST - 2 LANES EACH WAY 347 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 PROTECTED BIKE LANESBANNER SIGNAGE FOR BRANDING AND PEDESTRIAN WAYFINDING LANDSCAPE BUFFERS ALONG SIDEWALKIDENTITY ELEMENT AT THE PIER PLAZAGATEWAY ELEMENT AT 1st & PCH Downtown Connections: Opportunities/Possibilities PACIFIC COAST HIGHWAY 348 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 Downtown Connections: Opportunities/Possibilities Realign Walnut Avenue to connect to Pacific View Ave through existing oil sites, using a land purchase or swap (outside of downtown). Explore a ped/bike trail cutting through an easement on the oil sites to maintain pedestrian and bike connectivity to Main Street. Improve pedestrian crossing infrastructure at all intersections along 1st St, 2nd St and Walnut Avenue leading to Main Street. Activate the triangular corner city-owned parcel with retail or civic uses to extend the Downtown experience to first street. Explore converting the City-owned public surface parking lot at 1st and Orange to a neighborhood-serving retail / corner park use as an entry point into Downtown from the residential neighborhood. Explore the potential for a street mural on 1st Street between PCH and Pacific View Avenue to create a strong visual gateway while calming traffic and creating a pedestrian-first street. 1st STREET & WALNUT AVENUE 5 5 6 7 8 10 9 6 7 8 9 10 2nd Street Pacific View AvePacific Coast HigghwaayWalnut AvenueRETAILCOMMUNITYNEW STREETNEW TRAILWalnut AvenueOlive AvenueOrange AvenueTo Main Street 1st Street 8 9 GATEWAY 349 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 Downtown Connections: Opportunities/Possibilities 1st STREET & WALNUT AVENUE RETAIL/RESTAURANT ACTIVATION AT 1st & WALNUT 350 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 Downtown Connections: Opportunities/Possibilities 1st STREET & WALNUT AVENUE MULTI-USE TRAIL OR GREEN ALLEY CONNECTING PACIFIC VIEW AVE TO WALNUT ST ASPHALT MURAL ON 1st ST BETWEEN PACIFIC COAST HIGHWAY AND PACIFIC VIEW AVE CREATIVE/ ARTISTIC CROSSWALKS ALONG 1st STREET 351 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 COMMUNITY GREEN SPACE AND/OR LOCAL RETAIL AT 1st & ORANGE COMMUNITY AMENITIES - DOG PARK AND/OR PASSIVE PLAY AT 1st & ORANGE Downtown Connections: Opportunities/Possibilities 1st STREET & ORANGE AVE 352 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 Downtown Connections: Threats If Caltrans and City are not aligned on a vision for Pacific Coast Highway any pedestrian improvements might prove to be an uphill battle. Process to consolidate oil extraction operations on one site to create greater permeability and alignment of the street grid, might be long- drawn out or complex. 1 2 353 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 Thank you 354 1 City of Huntington Beach, July 2021 Downtown Urban Design StudyHuntington Beach, CA MAIN STREET DESIGN SCENARIOS 355 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 2 Main Street Activation: Opportunities Diagram Building on the success of the COVID-19 pilot to create a permanent urban plaza that compliments the pier plaza, and serves as an outdoor community living room with dining, art, shade, and lighting on the second block Better connecting the first block with the public activity on the Pier through visual and pedestrian enhancements, such as a mural scramble crosswalk or creative crosswalks Developing Al Fresco design guidelines focused on a more unified palette of treatments and materiality Creating more opportunities along the first block for programming and retail activity to spill into the public realm Repositioning the Post Office property on the third block as an opportunity for adaptive reuse or mixed-use development Improving and unifying the streetscape through a cohesive tree palette Improving ground-level landscaping on the third block to create more porosity of activity on the ground floor 1 3 4 5 6 7 2 13 RESTAURANTS WITH PARKING GARAGE BEHIND PUBLIC PARKING SPORTING GOODS + DINING ABOVE SURF SHOP + SPORTING GOODS WALNUT AVENUEOLIVE AVEORANGE AVEPACIFIC COAST HIGHWAYFIRST BLOCKPIER SECOND BLOCK THIRD BLOCK RETAIL & RESTAURANTS SMALL RETAIL INTERNATIONAL SURF MUSEUM POST OFFICE SURFACE LOT RETAIL & RESTAURANTS RESIDENTIAL ABOVE 7 VISITOR COMMUNITYURBAN LIVING ROOM 4 5 356 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 4 Main Street Block 2: Existing Condition During the Pandemic Key Plan View 1 View 2 View 3 132 Block 1 Block 3Block 2 357 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 5 Main Street Block 2: Existing Condition (Pre-Pandemic) Key Plan Section A A B Section B Block 1 Block 3Block 2 358 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 6 Main Street Block 2: Proposed Concepts PLAZA ONE-WAY FLEX STREET ENHANCED MAIN STREET 359 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 7 Main Street Block 2: Plaza Plan PLAZA DININGZERO CURB PLAZA WITH DRAINAGE GRATE RETRACTABLE / COLLAPSIBLE BOLLARDS INTERSECTION MURAL PLAZA TEMPORAL PROGRAMMING CHALLENGESADVANTAGES STARBUCKSLONGBOARD RESTAURANT & PUBIHOP COACH’S MEDITERRANEAN GRILL SURF CITY MARKET BAJA SHARKEEZKILLARNEY’SIRISH PUB• A seamless plaza that improves the quality of the pedestrian experience • Improved opportunity for placemaking through a cohesive design and added space for the public realm • Opportunities for more diversity of daily programming for a variety of users - families, kids etc. • An attractive destination that will increase visitation • Increased public realm will demand greater resources and partnerships for maintenance and monitoring of the space as well as improved safety • Cost of improvements to completely redesign and implement a zero curb plaza can be significant • Disruption to existing activities during construction can be significant HURRICANE’S BAR AND GRILL BOMBURGER 360 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 8 Main Street Block 2: Plaza Section + Central zero-curb plaza for everyday and event programming. If needed, min. clearance for emergency access can be maintained by the intersections with Walnut and Olive Avenues Pedestrian zone without obstructions maintained on both sides of the street Outdoor dining maintained adjacent to the storefronts Existing Section 361 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 9 Main Street Block 2: Plaza Precedents 362 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 10 Main Street Block 2: Plaza Precedents 363 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 11 Main Street: Plaza Possibilities Possibility A Possibility C Possibility B ZERO-CURB PLAZA ON BLOCK 2 ZERO-CURB PLAZA ON BLOCK 1 & BLOCK 2 ZERO-CURB PLAZA ON ALL THREE BLOCKS RAISED INTERSECTION AT WALNUT RAISED INTERSECTION AT WALNUT & OLIVE NOTE ENHANCED SIDEWALKS ON BLOCK 1 ENHANCED SIDEWALKS ON BLOCK 3 ENHANCED SIDEWALKS ON BLOCK 3 • Temporary closure of blocks 1 and 3 to host events and festivals can still continue in Possibilities A and B, providing flexible public spaces on those blocks. 364 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 12 Main Street Block 2: One-Way Flex Street Plan CHALLENGESADVANTAGES • Creates added space for placemaking and the public realm while continuing to maintain some vehicular circulation through the street • Provides an opportunity to enhance the character and cohesiveness of the public realm design • Can be closed down entirely on event days but reduced the amont of public space to be managed on an everyday basis -- provides greater flexibility. • Does not create a grand public space for Downtown in the same way as the plaza scheme • Will still involve capital costs to create a well-design and cohesive public realm • May require one-way improvements on at last the first two blocks to ensure legibility of traffic circulation. PAINTED ASPHALT LANE LINEAR PLAZA BOLLARD EDGE ALONG STREET CORNER PLAZA ART STARBUCKSLONGBOARD RESTAURANT & PUBIHOP COACH’S MEDITERRANEAN GRILL SURF CITY MARKET BAJA SHARKEEXKILLARNEY’SIRISH PUBHOTSPOT PIZZAHURRICANE’S BAR AND GRILL BOMBURGER 365 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 13 Main Street Block 2: One-Way Flex Street Section + Flex lane can be closed to create a larger public space for events and programming, while providing the option for through travel one-way and emergency access in an everyday condition. Continuous linear promenade creates everyday spaces for passive activity in the public realm Outdoor dining maintained adjacent to the storefronts Existing Section 366 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 14 Main Street Block 2: One-Way Flex Street Precedents 367 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 15 Main Street: One Way Flex Street Possibilities Possibility A Possibility B ONE-WAY FLEX STEET ON BLOCKS 1 & 2 ENHANCED SIDEWALKS ON BLOCK 3 ONE-WAY FLEX STEET ON ALL THREE BLOCKS NOTE • Temporary closure of all the blocks for special event days can be continued in both lthe possibilities above. • May require one-way improvements on at last the first two blocks to ensure legibility of traffic circulation. 368 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 16 Main Street Block 2: Enhanced Main Street Plan CHALLENGESADVANTAGES • Retains a clear outdoor dining program on Main Street with dedicated space along the second block • Maintains the pre-pandemic circulation which was also recommended in the Downtown Specific Plan of one lane of travel in each direction • Will cause minimal disruption to existing activities due to construction • Will be the least in captial and maintenance costs compared to other concepts • Does not create space for additional placemaking or creating an iconic public realm • Does not provide the opportunity invite more types of users to the space on an everyday basis through passive or active programming other than dining • Could roll back some of the economic benefits of having added outdoor dining on the street during the pandemic TEMPORARY STREET CLOSURE CREATIVE CROSSWALKS PARKLET DINING PROGRAM STARBUCKSLONGBOARD RESTAURANT & PUBHURRICANE’S BAR AND GRILL BOMBURGER IHOP COACH’S MEDITERRANEAN GRILL SURF CITY MARKET BAJA SHARKEEZSUGAR SHACK CAFENO KA OIKILLARNEY’SIRISH PUBFUNNEL HOUSE369 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 17 Main Street Block 2: Enhanced Main Street Section One travel lane in each direction maintained Outdoor dining retained in parklets adjacent to the curb Existing Section 370 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 18 Main Street Block 2: Enhanced Main Street Possibility ENHANCED SIDEWALKS ON ALL THREE BLOCKS NOTE • Temporary closure of all the blocks for special event days can be continued in this option 371 2021 | City of Huntington Beach | Downtown Urban Design Study | 21081 20 Thank you 372 City of Huntington Beach File #:21-877 MEETING DATE:11/16/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Chris Slama, Director of Community & Library Services Subject: Consider Approval of the Community Services Commission Approved Edison Park Reconfiguration Conceptual Plan Statement of Issue: In May 2021, the City began coordinating the public outreach process related to developing a conceptual plan for the reconfiguration of Edison Park. Development of the 2021 conceptual plan included extensive community outreach, and staff and our design firm consultant RJM Design Group. solicited public input in the form of two virtual on-line surveys, an in person community survey meeting, and an in person design charrette conducted at the Edison Community Center. Additional details related to the local community input and conceptual planning process are available on the dedicated Edison Park Conceptual Plan website, available online at: <https://storymaps.arcgis.com/stories/3467e1031de94d37b78aeb93084c007b> The Community & Library Services Commission (CLSC) is meeting on Wednesday, November 10, 2021, to review and consider approval of a final design concept for Edison Park. The full CSC agenda report, along with the current proposed conceptual plan, are included as Attachment A & B to this report. Pending CLSC determination regarding the design concept, the final recommended design plan as reviewed by the CLSC will be transmitted via supplemental communication and presented for full City Council consideration at our November 16, 2021 meeting. Financial Impact: Funding in the amount of $300,000 has been included in the City’s FY 21-22 Capital Improvement Program (CIP) for Edison Community Park design services, which is sufficient to begin the design development process. Additional funds will need to be identified and budgeted as the project proceeds through the design and construction phases. Recommended Action: Approve the final Edison Park reconfiguration conceptual plan, and authorize staff to move forward with initiating development of the design and bid package for construction of the updated facility. City of Huntington Beach Printed on 11/10/2021Page 1 of 3 powered by Legistar™373 File #:21-877 MEETING DATE:11/16/2021 Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: Edison Park, located at 21377 Magnolia Avenue, was constructed in the early 1970’s and was opened to the public in 1974. Since that time, the 40 acre park has functioned as one of the main recreation facilities in the City. With multiple sports facilities and a community center building, Edison Park offers a wide range of programs for sports leagues, cultural and recreation classes to meet the recreational needs of the public. Based on the public outreach efforts engaged by the City as part of the Edison Park reconfiguration process, a variety of proposed improvements have been included in the proposed conceptual master. Among the elements that are incorporated into the draft plan include: ·Reconfigured parking lot with enhanced entries ·New basketball courts (4 full and 4 half-court) ·New dedicated tennis courts (2) ·New dedicated pickleball courts (8) on two of the existing tennis courts ·New dual striped courts (2 tennis, or 8 pickleball) ·New sport court plaza with seating and shade ·Enclosed dog area with water, seating, and shade ·Reconfigured walkways ·New trees ·New shade shelter ·New outdoor exercise stations ·New tot lot with rubberized surfacing, equipment and shade ·4 new U-10 youth soccer overlays, with 2 full size overlay options ·Enlarged skate area ·New pump track ·Reconfiguration of existing batting cages ·New park restrooms and concession stand near softball fields ·Expansion of the exterior community restrooms Pending approval by the CLSC and authorization by the City Council, the next step in the process would be the development of detailed engineering plans and specs, including preparation of a preliminary construction estimate. Environmental Status: The project will go through appropriate CEQA clearances as identified in the entitlement process . Strategic Plan Goal: Enhance and maintain infrastructure. City of Huntington Beach Printed on 11/10/2021Page 2 of 3 powered by Legistar™374 File #:21-877 MEETING DATE:11/16/2021 Attachment(s): 1. Community & Library Services Commission Staff Report - Edison Park Reconfiguration Conceptual Plan 2. Edison Park Conceptual Plan Diagram City of Huntington Beach Printed on 11/10/2021Page 3 of 3 powered by Legistar™375 CITY OF HUNTINGTON BEACH P.O. BOX 190 2000 Main Street California 92648 CITY OF HUNTINGTON BEACH COMMUNITY & LIBRARY SERVICES COMMISSION REQUEST FOR ACTION MEETING DATE: NOVEMBER 10, 2021 SUBMITTED TO: COMMUNITY & LIBRARY SERVICES COMMISSION SUBMITTED BY: CHRIS SLAMA, DIRECTOR OF COMMUNITY & LIBRARY SERVICES SUBJECT: EDISON COMMUNITY PARK RECONFIGURATION – CONCEPTUAL PLAN Statement of Issue: Staff has worked with RJM Design Group to conduct a public input process and develop a conceptual plan to make needed improvements at Edison Community Park (Edison Park). There is a need for the Community and Library Services Commission to review the conceptual plan and make a recommendation to City Council for approval. Financial Impact: Not applicable Recommended Action: Approve the conceptual diagram for Edison Park reconfiguration and forward to City Council for their consideration. Alternative Action: Do not approve the recommended action and direct staff on how to proceed. Analysis: Edison Park, located at 21377 Magnolia Avenue, was constructed in the early 1970’s and was opened to the public in 1974. Since that time, the 40 acre park has functioned as one of the main recreation facilities in the City. With multiple sports facilities and a community center building, Edison Park offers a wide range of programs for sports leagues, cultural and recreation classes to meet the recreational needs of the public. Development Background In the past, Commission and City Council have approved changes to the park in order to keep up with recreational programing trends and demographic changes. One such 376 change occurred in 2010 when approval was given to reconfigure portions of the park to function as a youth sports complex. At the time, the Fountain Valley School District decided to sell Wardlow and Lamb Schools. The Huntington Beach City School District was also in early discussions to consider claiming LeBard and Kettler Schools as surplus. Each of the four school campuses included multiple sports fields utilized by local non- profit youth sports organizations. Facing the possibility of losing the school sports fields, a master plan was created to develop multi-use sports practice fields, a competition level soccer field, and additional parking at Edison Park. The approved master plan update for the park was designed to be completed in four phases. Phase I was completed in 2011 and included additional parking to the south of the community center building and three multi-use, lighted practice fields running parallel to Hamilton Avenue. Additional phases were to include more parking at the northeast section of the park and the competition level soccer field to be an overlay on the two existing softball fields. The City was later able to purchase areas at certain closed school sites, which acquired: • 6 acres of land at Wardlow School, preserving six baseball fields utilized by Huntington Valley Little League • 2.6 acres at Lamb School, preserving a lighted soccer field to be utilized by AYSO • 6.6 acres at LeBard School, preserving the ballfields being used by Seaview Little League The ability to preserve these fields eliminated the need to provide additional youth sports fields within Edison Park at that time, so the remaining three phases of the Edison Park Master Plan were not executed. Today, existing park amenities at Edison Park include two lighted softball fields, three lighted multi-use practice field areas, four tennis courts, four full and four half-sized basketball courts, six outdoor racquetball courts, open turf areas, walkways and a 17,361 square foot community center building and parking. The interior of the community center was remodeled in 2021, modernizing the building and improving the functionality. A temporary skate spot was also recently developed in the location of the former picnic shelter area to utilize space during the Edison Park community outreach and design phases. Sections of the park have been affected by land settlement over the years. A portion of the park was developed over a former construction material landfill. While the former landfill is mainly covered with turf, there are certain park amenities that have been impacted. Sections of the existing tennis courts are located within the landfill limits. The courts were constructed with a post-tension slab design in an effort to minimize settlement issues, however, two of the four courts have shifted to the point of creating severe grade changes and developing cracks in the concrete playing surface. These two courts are no longer in use by the public. Sections of the tot playground and softball field areas have also shown significant settling. In an effort to get a better understanding of the landfill conditions and to determine feasible park improvements, staff consulted with a geotechnical engineering firm to conduct a subsurface investigation of the site. A copy of the report is available on the Community Services webpage for public review. In anticipation of a need to relocate amenities or 377 repurpose sections of the park, staff began looking at design options not only within the limit of the former landfill, but throughout the park. Since the park was constructed over four decades ago, there was a need to assess the current park layout and amenities, and consider options for reconfiguring the park to meet current demands and enhance recreational opportunities. Additionally, the Huntington Beach City School District is currently in the process of selling the Gisler School site to a private developer. This closed school site also featured a large field space with lighting, which has traditionally been utilized by AYSO Region 56 for youth soccer. Staff has coordinated with HBCSD, City Council, and AYSO leadership in an effort to identify alternate options for soccer field space. The pending reconfiguration of Edison has been identified as a feasible opportunity to provide significant soccer field space. While the formerly approved youth sports complex concept at Edison is no longer completely relevant, new recreational trends and input from the public have generated a need to develop a revised master plan for the park. To address the current issues and need for Edison Park rehabilitation, staff has consulted with RJM Design Group to develop a conceptual master plan that proposes both new and relocated amenities. Public Outreach Development of the 2021 conceptual plan included extensive community outreach. Staff and RJM solicited public input in the form of two virtual on-line surveys, an in person community survey meeting, and an in person design charrette conducted at the Edison Community Center. Each virtual survey was open for two weeks. Survey 1 received 160 responses, focusing on how Edison Park is used for recreation, what is most liked and disliked about the park, what improvements can be made, and what amenities should be added. Survey 2 received 295 responses, focusing on what respondents felt were the most important active and passive amenities, as well as maintenance and site improvements. Utilizing this data, 45 residents participated in the in-person design charrette, which included an awareness tour around the park. Attendees were separated into multiple groups, provided a scaled park site plan and various amenity and facility templates, and were tasked with working together to prepare a plan of preferred park improvements. A dedicated project website was also created and linked on the Community & Library Services Department webpage in an effort to keep the public informed as the project reached various milestones. Additionally, a “Feedback” button will continue to be active through the life of the development of the master plan, ensuring residents can continue to provide feedback until the master plan has been approved by City Council. Proposed Improvements Based on the community input received and professional analysis, RJM Design Group has prepared a conceptual master plan that includes repurposing sections of the park, enhancing some existing facilities and introducing new amenities. Main items of the proposed plan are: • Reconfigured parking lot with enhanced entries • New basketball courts (4 full and 4 half-court) • New dedicated tennis courts (2) 378 • New dedicated pickleball courts (8) on two of the existing tennis courts • New dual striped courts (2 tennis, or 8 pickleball) • New sport court plaza with seating and shade • Enclosed dog area with water, seating, and shade • Reconfigured walkways • New trees • New shade shelter • New outdoor exercise stations • New tot lot with rubberized surfacing, equipment and shade • 4 new U-10 youth soccer overlays, with 2 full size overlay options • Enlarged skate area • New pump track • Reconfiguration of existing batting cages • New park restrooms and concession stand near softball fields • Expansion of the exterior community restrooms Project Development Process/Timeline Pending approval by the Commission and City Council, the next step in the process would be the development of detailed engineering plans and specs, including preparation of a preliminary construction estimate. Funding in the amount of $300,000 has been included in the City’s FY 21-22 Capital Improvement Program (CIP) for Edison Community Park preliminary design services. Additional funds will need to be identified and budgeted as the project proceeds through the various design and construction phases. Environmental Status: N/A at this time. The appropriate environmental process will be followed as directed by the Planning Division of the Community Development Department once a re-use option is determined. Attachment(s): No. Description 1. RJM Conceptual Plan Diagram RCA Author: Chris Slama by David Dominguez 379 Edison Community Park Conceptual Design by RJM Design Group 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 City of Huntington Beach File #:21-880 MEETING DATE:11/16/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Brittany Mello, Interim Administrative Services Director Subject: Introduction of the Proposed Memorandum of Understanding Between the Huntington Beach Firefighters’ Association (HBFA) and the City of Huntington Beach for July 1, 2021 , through December 31, 2023 Statement of Issue: The Memorandum of Understanding (MOU) between the City of Huntington Beach and the Huntington Beach Firefighters’ Association (HBFA) expired on June 30, 2021. Subsequently, the City and HBFA engaged in good-faith negotiations, ultimately reaching tentative agreement on terms in October 2021 on a 2.5 year contract covering the period of July 1, 2021, through December 31, 2023. Financial Impact: Pursuant to the terms agreed upon with HBFA, the Finance Department estimates the total projected average annual cost of the MOU to be $1,098,447 per year during the life of the agreement. Recommended Action: Approve the introduction of the proposed Memorandum of Understanding between the Huntington Beach Firefighters’ Association and the City of Huntington Beach for the period of July 1, 2021, through December 31, 2023. Alternative Action(s): Do not approve the introduction of the proposed successor MOU for HBFA employees, and direct staff to: (1) continue to meet and confer with the Association, or (2) utilize the impasse procedures contained within the City’s Employer-Employee Relations Resolution Analysis: The Huntington Beach Firefighters’ Association (HBFA) represents approximately 112 employees in the City. Representatives for the City and HBFA engaged in active discussions over an extended period, ultimately reaching tentative agreement on contract terms for a 2.5 year period. Key changes in the City of Huntington Beach Printed on 11/10/2021Page 1 of 3 powered by Legistar™395 File #:21-880 MEETING DATE:11/16/2021 proposed MOU include the following: Term of Agreement July 1, 2021, through December 31, 2023 Salary Range Adjustment ·Effective July 1, 2021, employees will shift to a new, seven-step salary range (A - G). Employees will be placed on the nearest Step F in the new range without losing any wages. ·Employees will have the opportunity to earn an additional step (Step G) at their next regularly- scheduled performance evaluation. ·Employees who have reached top step (Step G) will be eligible to earn an annual merit-based bonus of up to three percent (3%) of their base rate of pay at their regularly-scheduled performance evaluations. CalPERS Cost Sharing ·Classic member safety employees shall contribute an additional 1% contribution towards CalPERS costs (for a total of 13% contribution) beginning July 1, 2021. ·New member safety employees shall contribute an additional 1% contribution towards CalPERS costs (for a total employee contribution of 13%) beginning July 1, 2021. Medical Benefits ·Beginning January 1, 2022, the City’s maximum monthly contribution to medical plan rates will increase to $853.60 for employee only; $1,170.75 for two party; and $1,706.25 for family coverage. ·Beginning January 1, 2023, the City’s maximum monthly contribution will increase to $876.93 for employee only; $1,194.08 for two party; and $1,729.58 for family coverage. Leave Benefits ·Holiday-in-Lieu Pay will be adjusted to 9 hours per holiday for employees on the 40-hour schedule, and 12.6 hours per holiday for employees on the 56-hour schedule. Special Pays ·Additional contract adjustments with regard in specialty pay types were made with regard to educational incentive pay, paramedic recertification bonuses, EMT pay, advanced paramedic pay, and swat medic pay. These key changes and all other negotiated provisions are included in the proposed Memorandum of Understanding. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item City of Huntington Beach Printed on 11/10/2021Page 2 of 3 powered by Legistar™396 File #:21-880 MEETING DATE:11/16/2021 Attachment(s): 1. Summary of Memorandum of Understanding Modifications 2. Fiscal Impact Report 3. Proposed Memorandum of Understanding City of Huntington Beach Printed on 11/10/2021Page 3 of 3 powered by Legistar™397 City of Huntington Beach Huntington Beach Firefighters’ Association (HBFA) Summary of MOU Modifications Article # Subject Proposal Article I Term of MOU Term July 1, 2021 – December 31, 2023 Article IV Salary Schedules New Salary Range Effective July 1, 2021, shift to new, seven-step (A – G) pay schedule with 5% between each step. Article V Special Pay Performance Based Bonus Employees who have attained Step G are eligible for an annual merit bonus of up to 3% of their base rate of pay. Article V Special Pay Master’s Degree Employees who have attained a Master’s Degree shall receive 9% incentive pay. An employee may only receive Educational Incentive Pay for one degree. Article V Special Pay Paramedic Re- certification Each time an employee is re-certified by the State of California and accredited by Orange County as a Paramedic, they shall be entitled to a lump sum cash payment of $2,500. Article V Special Pay Swat Medic Swat Medic special assignment pay rate is 4.6% above a Firefighter Paramedic Step G rate at time and one-half. Tactical Emergency Medical Services (TEMS) Captain special assignment pay rate is 11% above the Swat Medic rate. Article V Special Pay Advanced Paramedic Effective July 1, 2021, Advanced Paramedic certification pay rate is 2.0% of the base rate of pay. Effective July 1, 2022, Advanced Paramedic certification pay rate is 3.0% of the base rate of pay. Article V Special Pay Holiday Pay-In-Lieu Adjust holiday hours from 8 hours to 9 hours for those on a 40- hour shift, and from 11.2 hours to 12.6 hours for those on a 56- hour shift. Article V Special Pay Emergency Medical Technician Employees who possess an EMT certification shall receive 4.67% of base rate of pay. Article VIII Health and Other Insurance Benefits Employer contribution to Health and Other Insurance Benefits A modification to Article VIII to increase the monthly maximum employer contribution towards flex benefits as follows: Effective the beginning of the pay period that includes January 1, 2022: Single - $853.60 398 Two party - $1,170.75 Family - $1,706.25 Opt Out - $853.60 Effective the beginning of the pay period that includes January 1, 2023: Single - $876.93 Two party - $1,194.08 Family - $1,729.58 Opt Out - $876.93 Article IX Retirement CalPERS Cost Sharing Effective July 1, 2021: Classic member employees shall cost share an addition 1% for a total cost share of 4%, increasing the employee pension contribution to 13%. New member employees shall cost share 1%, increasing the employee pension contribution to 13%. 399 These estimates are subject to change.For Discussion Purposes Only City of Huntington Beach Draft HBFA Proposal October 2021 (Confidential) Proposed Term: 2.5 years (6 months) Year 1 Year 2 Year 3 FY 21/22 FY 22/23 FY 23/24 MOU Item #Union Description Rate / $ Estimated YOY Impact Estimated YOY Impact Estimated YOY Impact Total Cost of Proposal Notes: 1 All Term: 2.5 years (July 1, 2021 through December 31, 2023) 2a HBFA Salary Adjustment - Move to new range Various 345,821 - - 345,821 2b HBFA Salary Adjustment - Step Increase Various 649,175 329,025 43,798 1,021,998 2c HBFA Salary Adjustment - Annual Bonus Various - 448,964 96,861 545,825 3 HBFA Additional 1% CalPERS EE Contribution 1%(165,264) (8,857) (1,525) (175,646) 4 HBFA Increase City's maximum contribution towards employees' health insurance at each plan level to match the percentage increase provided to POA, plus $23.33/mo in year 2 various 102,561 33,875 - 136,436 5 HBFA Paramedic Recertification Bonus $2,500 95,698 - - 95,698 6 HBFA Education Incentive - Add'l 3% for Masters up to 9%23,296 394 107 23,797 7 HBFA Advanced Paramedic Cert Pay - 2% in year 1 and 3% in year 2 2% - 3%41,102 45,422 864 87,388 8 HBFA Swat Medic Pay Same as Arson 20,807 1,089 234 22,130 9 HBFA EMT Cert Pay 4.67%542,813 8,797 1,772 553,382 10 HBFA Holiday in Lieu Pay various 84,051 4,436 804 89,291 Total Cost of Proposal HBFA 1,740,060 863,145 142,914 2,746,119 Ability to earn an extra step on the new salary range; performance-based bonus up to 3% for top-step employees only. 400 Consent Calendar #21-880 Agenda Date: November 16, 2021 Attachment #3 – Proposed Memorandum of Understanding (MOU) between the Huntington Beach Firefighters’ Association (HBFA) and the City of Huntington Beach for July 1, 2021 through December 31, 2023 The MOU and any related documents will be published with Supplemental Communications scheduled for release on Friday, November 12, 2021 at approximately 3:00 PM and Tuesday, November 16, 2021 at approximately 2:00 PM. 401 402 Legislative Draft Memorandum of Understanding Between The Huntington Beach Firefighters’ Association And The City of Huntington Beach July 1, 2018 2021 through June 30, 2021December 31, 2023 403 TABLE OF CONTENTS HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 ii 404 TABLE OF CONTENTS HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 iii ARTICLE I - REPRESENTATIONAL UNIT/CLASSIFICATIONS ..................................................................................... 1 ARTICLE II – EXISTING CONDITIONS OF EMPLOYMENT ........................................................................................... 1 ARTICLE III - SEVERABILITY ............................................................................................................................................... 2 ARTICLE IV – SALARY SCHEDULES ................................................................................................................................... 2 ARTICLE V – SPECIAL PAY .................................................................................................................................................... 2 A. PERFORMANCE BONUS .................................................................................................................................... 2 B. EDUCATION...................................................................................................................................................... 2 1. Incentive Plan ................................................................................................................................................................... 2 a. Level I ..................................................................................................................................................................... 3 b. Level II ................................................................................................................................................................... 3 c. Level III .................................................................................................................................................................. 3 d. Maximum Education Incentive Pay ........................................................................................................................ 3 e. Degree Majors ........................................................................................................................................................ 3 f. Effective Date ......................................................................................................................................................... 3 C. ACTING ASSIGNMENTS .................................................................................................................................... 3 D. ADMINISTRATIVE APPOINTMENTS .................................................................................................................. 4 1. Administrative Appointments .......................................................................................................................................... 4 2. Pay Upon Completion of Administrative Appointment ................................................................................................... 4 D. PAY UPON COMPLETION OF PARAMEDIC DUTIES ........................................................................................... 4 E. SPECIAL CERTIFICATION/SKILL PAY ............................................................................................................... 5 1. Special Certification Pay .................................................................................................................................................. 5 2. State Board of Fire Service Certification ......................................................................................................................... 6 3. Paramedic Re-certification Pay ........................................................................................................................................ 6 4. Preceptor Pay ................................................................................................................................................................... 7 5. Administrative Assignment Pay ....................................................................................................................................... 7 6. Firefighter Tiller Certification .......................................................................................................................................... 7 7. Bilingual Skill Pay ........................................................................................................................................................... 8 8. Investigator Pay ................................................................................................................................................................ 8 9. Swat Medic Pay................................................................................................................................................................ 9 10. Urban Search and Rescue (USAR) Team Assignment Pay ........................................................................................... 10 11. Hazard Materials (Hazmat) Team Assignment Pay ....................................................................................................... 10 12. Rank Paramedic Assignment Pay................................................................................................................................... 10 13. Advanced Paramedic Certification Pay .......................................................................................................................... 10 F. HOLIDAY PAY-IN-LIEU .................................................................................................................................. 11 G. LONGEVITY PAY ............................................................................................................................................ 12 H. EMERGENCY MEDICAL TECHNICIAN PAY ..................................................................................................... 12 I. REPORTING TO CALPERS .............................................................................................................................. 13 ARTICLE VI – UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT .......................................................................... 13 A. UNIFORMS PROVIDED BY CITY ...................................................................................................................... 13 B. UNIFORM ALLOWANCE/FITNESS ................................................................................................................... 13 C. UNIFORM CARE AND REPLACEMENT............................................................................................................. 13 D. UNIFORM POLICIES AND ADVISORY COMMITTEE ......................................................................................... 13 ARTICLE VII – HOURS OF WORK/OVERTIME ............................................................................................................... 15 A. WORK SCHEDULE .......................................................................................................................................... 15 B. HOURS OF WORK - DEFINED .......................................................................................................................... 15 C. LEVEL PAY PLAN ........................................................................................................................................... 16 D. OVERTIME/COMPENSATORY TIME ................................................................................................................ 17 1. Paid Overtime ................................................................................................................................................................ 17 2. Compensatory Time ....................................................................................................................................................... 18 a. Non-Exempt .......................................................................................................................................................... 18 b. Staff Personnel ...................................................................................................................................................... 18 405 TABLE OF CONTENTS HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 iv c. Compensatory Time Paid Off ............................................................................................................................... 19 3. Callback ......................................................................................................................................................................... 19 4. Mandatory Standby ........................................................................................................................................................ 19 5. Required Training Attendance ....................................................................................................................................... 20 6. Cancellation of Overtime ............................................................................................................................................... 20 7. Court Time ..................................................................................................................................................................... 20 8. Pay Out of Rank ............................................................................................................................................................. 20 E. JURY DUTY .................................................................................................................................................... 20 F. SHIFT EXCHANGE/RELIEF .............................................................................................................................. 21 G. STATION / SHIFT ASSIGNMENTS .................................................................................................................... 21 H. MINIMUM STAFFING AND FILLING VACANCIES ............................................................................................ 21 I. PROBATIONARY PERIOD ................................................................................................................................ 22 ARTICLE VIII – HEALTH AND OTHER INSURANCE BENEFITS ................................................................................ 22 A. HEALTH INSURANCE ...................................................................................................................................... 22 B. ELIGIBILITY CRITERIA AND COST ................................................................................................................. 22 1. City Paid Medical Insurance – Employee and Dependents ............................................................................................ 22 2. Employer Contributions to Health and Other Insurance Benefits .................................................................................. 22 C. PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT (PEMHCA) OPTION ......................................... 30 D. MEDICAL OPT OUT ........................................................................................................................................ 30 E. SECTION 125 PLAN ........................................................................................................................................ 30 F. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT ............................................................................... 31 G. LONG TERM DISABILITY ................................................................................................................................ 31 H. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL RETIREE SUBSIDY PLAN 31 I. POST-65 SUPPLEMENTAL MEDICARE COVERAGE ......................................................................................... 31 J. RETIREE MEDICAL TRUST (RMT) ................................................................................................................. 32 K. MISCELLANEOUS ........................................................................................................................................... 33 ARTICLE IX – RETIREMENT ............................................................................................................................................... 33 A. BENEFITS ....................................................................................................................................................... 33 1. Public Employees’ Retirement System .......................................................................................................................... 33 2. Self-Funded Supplemental Retirement Benefit .............................................................................................................. 35 3. Medical Insurance for Retirees....................................................................................................................................... 35 B. REINSTATEMENT PRIVILEGES FOR DISABILITY RETIREES ............................................................................ 36 ARTICLE X – LEAVE BENEFITS .......................................................................................................................................... 36 A. LEAVE WITH PAY ........................................................................................................................................... 36 1. Vacation ......................................................................................................................................................................... 36 2. Sick Leave ...................................................................................................................................................................... 39 3 Leave Benefit Entitlements ............................................................................................................................................ 39 4. Bereavement ................................................................................................................................................................... 40 5. Association Business ...................................................................................................................................................... 40 ARTICLE XI – CITY RULES .................................................................................................................................................. 40 A PERSONNEL RULES ........................................................................................................................................ 40 B PRECEDENCE OF AGREEMENT ....................................................................................................................... 40 C DISCIPLINE ..................................................................................................................................................... 40 D. LAYOFF RULES .............................................................................................................................................. 40 ARTICLE XII - MISCELLANEOUS ....................................................................................................................................... 40 A. FIRE DEPARTMENT PROMOTIONAL EXAMS ................................................................................................... 40 B. LIVING QUARTERS ......................................................................................................................................... 40 C. PAYCHECKS ................................................................................................................................................... 40 D. CALIFORNIA DRIVER LICENSE FOR FIREFIGHTING EQUIPMENT .................................................................... 41 406 TABLE OF CONTENTS HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 v E. DEFERRED COMPENSATION LOAN PROGRAM ............................................................................................... 42 ARTICLE XIII – MANAGEMENT RIGHTS ......................................................................................................................... 42 ARTICLE XIV – TERM OF MOU .......................................................................................................................................... 42 ARTICLE XV - CITY COUNCIL APPROVAL ..................................................................................................................... 42 EXHIBIT A – EMPLOYER-EMPLOYEE RELATIONS RESOLUTION .......................................................................... 44 EXHIBIT B – SALARY SCHEDULE ...................................................................................................................................... 45 EXHIBIT C – RETIREE SUBSIDY MEDICAL PLAN ......................................................................................................... 48 EXHIBIT D – INCOME PROTECTION PLAN ..................................................................................................................... 54 EXHIBIT E – 40/56-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL ............................................. 55 EXHIBIT F – POLICY-14, MINIMUM STAFFING AND FILLING OF VACANCIES ................................................... 57 EXHIBIT G – FIREFIGHTERS’ RIGHTS TO APPEAL DISCIPLINARY ACTION ...................................................... 61 ARTICLE I - REPRESENTATIONAL UNIT/CLASSIFICATIONS ..................................................................................... 1 ARTICLE II – EXISTING CONDITIONS OF EMPLOYMENT ........................................................................................... 1 ARTICLE III - SEVERABILITY ............................................................................................................................................... 2 ARTICLE IV – SALARY SCHEDULES ................................................................................................................................... 2 ARTICLE V – SPECIAL PAY .................................................................................................................................................... 2 A. EDUCATION...................................................................................................................................................... 2 1. Incentive Plan ................................................................................................................................................................... 2 a. Level I ..................................................................................................................................................................... 2 b. Level II ................................................................................................................................................................... 2 c. Maximum Education Incentive Pay......................................................................................................................... 2 d. Degree Majors ........................................................................................................................................................ 2 e. Education Committee ............................................................................................................................................. 3 f. Effective Date ......................................................................................................................................................... 3 B. ACTING ASSIGNMENTS .................................................................................................................................... 3 C. ADMINISTRATIVE APPOINTMENTS .................................................................................................................. 3 1. Administrative Appointments .......................................................................................................................................... 3 2. Pay Upon Completion of Administrative Appointment ................................................................................................... 3 D. PAY UPON COMPLETION OF PARAMEDIC DUTIES ........................................................................................... 4 E. SPECIAL CERTIFICATION/SPECIAL ASSIGNMENT SKILL PAY .......................................................................... 4 1. Special Certification Pay .................................................................................................................................................. 4 a. Chief Officer Certification ...................................................................................................................................... 4 b. Fire Officer Certification ........................................................................................................................................ 4 c. Chief Fire Officer Courses/Classes ......................................................................................................................... 4 d. Company Officer Courses/Classes ......................................................................................................................... 5 2. State Board of Fire Service Certification ......................................................................................................................... 5 3. Paramedic Re-certification ............................................................................................................................................... 5 4. Preceptors ......................................................................................................................................................................... 5 5. Firefighter Tiller Certification .......................................................................................................................................... 6 a. Tiller Certification .................................................................................................................................................. 6 b. Class A,B, C Driver License ................................................................................................................................... 6 c. Light Air Unit ......................................................................................................................................................... 6 6. Bilingual Skill Pay ........................................................................................................................................................... 6 7. Investigator ....................................................................................................................................................................... 7 8. Swat .................................................................................................................................................................................... 8. Urban Search and Rescue (USAR) Team Assignment Pay ............................................................................................. 7 9. Hazardous Materials (Hazmat) Team Assignment Pay .................................................................................................... 8 10. Rank Paramedic Assignment Pay..................................................................................................................................... 8 11. Special Certification Pay .................................................................................................................................................. 8 407 TABLE OF CONTENTS HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 vi F. HOLIDAY PAY-IN-LIEU .................................................................................................................................... 9 G. LONGEVITY PAY ............................................................................................................................................ 10 H. EMERGENCY MEDICAL TECHNICIAN PAY………………………………………………………………….. 10 I. REPORTING TO CALPERS………………………………………………………………….. ........................ 10 ARTICLE VI – UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT .......................................................................... 10 A. UNIFORMS PROVIDED BY CITY ...................................................................................................................... 10 B. UNIFORM ALLOWANCE/FITNESS ................................................................................................................... 10 C. UNIFORM CARE AND REPLACEMENT............................................................................................................. 11 D. UNIFORM POLICIES AND ADVISORY COMMITTEE ......................................................................................... 11 E. REPORTABLE TO PERS .................................................................................................................................. 11 ARTICLE VII – HOURS OF WORK/OVERTIME ............................................................................................................... 12 A. WORK SCHEDULE .......................................................................................................................................... 12 B. HOURS OF WORK - DEFINED .......................................................................................................................... 12 C. LEVEL PAY PLAN ........................................................................................................................................... 13 1. Twenty-four (24) Hour Shift Personnel ......................................................................................................................... 13 3. Lost Time Defined ......................................................................................................................................................... 14 4. Forty (40) Hour Work Week .......................................................................................................................................... 14 5. 4/10 Work Schedule Defined ......................................................................................................................................... 14 D. OVERTIME/COMPENSATORY TIME ................................................................................................................ 14 1. Paid Overtime ................................................................................................................................................................ 14 2. Compensatory Time ....................................................................................................................................................... 15 a. Non-Exempt .......................................................................................................................................................... 15 b. Staff Personnel ...................................................................................................................................................... 15 c. Compensatory Time Paid Off ............................................................................................................................... 16 3. Callback ......................................................................................................................................................................... 16 4. Mandatory Standby ........................................................................................................................................................ 16 5. Electronic Communication Devices ............................................................................................................................... 16 6. Required Training Attendance ....................................................................................................................................... 16 7. Cancellation of Overtime ............................................................................................................................................... 17 8. Court Time ..................................................................................................................................................................... 17 9. Pay out of Rank .............................................................................................................................................................. 17 E. JURY DUTY .................................................................................................................................................... 17 F. SHIFT EXCHANGE/RELIEF .............................................................................................................................. 17 G. ASSIGNED SHIFT POLICY ............................................................................................................................... 18 H. MINIMUM STAFFING AND FILLING VACANCIES ............................................................................................ 18 1. Minimum Staffing Levels .............................................................................................................................................. 18 I. PROBATIONARY PERIOD ................................................................................................................................ 18 1. Lengthh of the Probationary Period ............................................................................................................................... 18 2. Extension of the Probationary Period ............................................................................................................................. 18 ARTICLE VIII – HEALTH AND OTHER INSURANCE BENEFITS ................................................................................ 19 A. HEALTH INSURANCE ...................................................................................................................................... 19 B. ELIGIBILITY CRITERIA AND COST ................................................................................................................. 19 1. City Paid Medical Insurance – Employee and Dependents ............................................................................................ 19 2. Employer Contribution to Health and Other Insurance Benefits .................................................................................... 19 C. PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT (PEMHCA) OPTION ......................................... 26 D. MEDICAL CASH-OUT ..................................................................................................................................... 26 E SECTION 125 PLAN ........................................................................................................................................ 26 F. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT ............................................................................... 26 1. Life ................................................................................................................................................................................. 26 2. Accidental Death and Dismemberment .......................................................................................................................... 27 G. LONG TERM DISABILITY ................................................................................................................................ 27 H. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL RETIREE SUBSIDY PLAN ........... 27 408 TABLE OF CONTENTS HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 vii I. POST-65 SUPPLEMENTAL MEDICARE COVERAGE ......................................................................................... 27 J. RETIREE MEDICAL TRUST K. MISCELLANEOUS ........................................................................................................................................... 28 ARTICLE IX – RETIREMENT ............................................................................................................................................... 28 A. BENEFITS ....................................................................................................................................................... 28 1. Public Employees’ Retirement System .......................................................................................................................... 28 h. Reporting of Base Salary ...................................................................................................................................... 29 2. Self-Funded Supplemental Retirement Benefit .............................................................................................................. 29 3. Medical Insurance for Retirees....................................................................................................................................... 30 B. REINSTATEMENT PRIVILEGES FOR DISABILITY RETIREES ............................................................................ 31 ARTICLE X – LEAVE BENEFITS .......................................................................................................................................... 31 A. LEAVE WITH PAY ........................................................................................................................................... 31 1. Vacation ......................................................................................................................................................................... 31 a. Accrual ................................................................................................................................................................. 31 b. Eligibility and Permission ..................................................................................................................................... 32 c. Conversion to Cash ............................................................................................................................................... 32 d. Pay-Off at Termination ......................................................................................................................................... 33 2. Sick Leave ...................................................................................................................................................................... 33 a. Accrual ................................................................................................................................................................. 33 b. Pay-Off at Termination ......................................................................................................................................... 33 c. Utilization in Conjunction with Industrial Disability Leave ................................................................................. 34 3. Leave Benefit Entitlements ............................................................................................................................................ 34 4. Bereavement ................................................................................................................................................................... 34 5. Association Business ...................................................................................................................................................... 34 ARTICLE XI – CITY RULES .................................................................................................................................................. 34 A. PERSONNEL RULES ........................................................................................................................................ 34 B. PRECEDENCE OF AGREEMENT ....................................................................................................................... 35 C. DISCIPLINE ..................................................................................................................................................... 35 D. LAYOFF RULES .............................................................................................................................................. 35 ARTICLE XII - MISCELLANEOUS ....................................................................................................................................... 35 A. FIRE DEPARTMENT PROMOTIONAL EXAMS – POLICY D-10 ......................................................................... 35 B. LIVING QUARTERS ......................................................................................................................................... 35 C. PAYCHECKS ................................................................................................................................................... 35 1. Bi-Weekly Pay ............................................................................................................................................................... 35 2. Paycheck Stub ................................................................................................................................................................ 35 3. Direct Deposit ................................................................................................................................................................ 35 4. Vacation Payroll Advance .............................................................................................................................................. 35 D. CA DRIVER LICENSE FOR FIREFIGHTING EQUIPMENT .................................................................................. 35 E. DEFERRED COMPENSATION LOAN PROGRAM ............................................................................................... 36 ARTICLE XIII – MANAGEMENT RIGHTS ......................................................................................................................... 36 ARTICLE XIV – TERM OF MOU .......................................................................................................................................... 37 ARTICLE XV - CITY COUNCIL APPROVAL ..................................................................................................................... 37 ARTICLE XVI - SUCCESSOR NEGOTIATIONS ................................................................................................................ 37 EXHIBIT A – EMPLOYER-EMPLOYEE RELATIONS RESOLUTION .......................................................................... 39 EXHIBIT B - SALARY SCHEDULE ....................................................................................................................................... 40 EXHIBIT C – RETIREE SUBSIDY MEDICAL PLAN ......................................................................................................... 42 EXHIBIT D – TILLER CERTIFICATION ............................................................................................................................. 47 409 TABLE OF CONTENTS HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 viii EXHIBIT E – INCOME PROTECTION PLAN ..................................................................................................................... 48 EXHIBIT F – 56-HOUR VACATION AND SICK LEAVE ACCRUAL – LEAVE BENEFITS (EXAMPLE) ................ 49 EXHIBIT G - POLICY D-14, MINIMUM STAFFING AND FILLING OF VACANCIES ............................................... 51 EXHIBIT H - FIREFIGHTERS' RIGHTS TO APPEAL DISCIPLINARY ACTION ……………………………………55 410 HBFA MOU July 1, 2018 – June 30, 2021 1 MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) and THE HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION (Hereinafter called ASSOCIATION or HBFA) July 1, 2018 through June 30, 2021 July 1, 2021 through December 31, 2023 ARTICLE I - REPRESENTATIONAL UNIT/CLASSIFICATIONS A. It is recognized that the Huntington Beach Firefighters’ Association is the employee organization, which has the right to meet and confer in good faith with the City on behalf of employees of the City of Huntington Beach within the following classifications: Administrative Fire Captain* Firefighter Fire Captain Firefighter Paramedic Fire Engineer *Administrative Appointment B. The City and Association have agreed to a procedure whereby the City, by and through the Human ResourcesAdministrative Services Director, would be entitled to propose a Unit Modification. This agreement, Exhibit A, consists of a modification of the City of Huntington Beach Employer-Employee Relations Resolution (Resolution Number 3335). The City hereby agrees not to propose a unit modification of the existing Association unit. ARTICLE II – EXISTING CONDITIONS OF EMPLOYMENT A. Except as expressly provided herein, the existing wages, hours, and other terms and conditions of employment within the lawful scope of representation of the Association that are contained in prior Memoranda of Understanding between the parties hereto and which are currently applicable to employees covered herein, shall remain in full force and effect. B. When used in this Memorandum of Understanding (MOU), the word “staffing” shall have the same meaning as the word “manning” and are used interchangeably. 411 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 2 ARTICLE III - SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this MOU or any additions or amendments thereof, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this MOU or its application to other persons. The City Council hereby declares that it would have adopted this MOU and each section, subsection, sentence, clause, phrase or portion, and any additions or amendments thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions, or the application thereof to any person, be declared invalid or unconstitutional. ARTICLE IV – SALARY SCHEDULES For each year of this MOU, the base salary of each classification represented by the Association shall be as set forth in the Salary Schedules, Exhibit B. All employees are required to utilize direct deposit of payroll checks. The City shall issue each employee direct deposit advice (payroll receipt) each pay period that details all income, withholdings, and deductions. ARTICLE V – SPECIAL PAY A. Performance Bonus 1. Effective July 1, 2022, every member who has advanced through all salary steps A-G are eligible for an annual merit bonus of up to three percent (3%) of their base rate of pay. The annual merit bonus amount will be determined based upon the evaluation of the employee’s performance. A completed performance evaluation with specific recognition of outstanding performance in accordance with the Fire Department’s Leadership Intent document must be attached to the Personnel Action Form and sent to the Human Resources Division. Employees who disagree with the performance bonus award granted by their supervisor / manager may appeal the decision directly to the Fire Chief for additional consideration. After review, the Fire Chief’s final decision regarding the performance bonus award amount shall be final and binding, and shall not be subject to grievance. The parties agree that to the extent permitted by CalPERS or law, the City will report the compensation in this section as special compensation pursuant to Title 2 CCR, Section 571(a)(1) Bonus. A.B. Education: 1. Incentive Plan – It is the purpose and intent of the City to provide an Education Incentive Plan to motivate the employee to participate in, and continue with his/hertheir education so as to improve his/hertheir knowledge and general proficiency which will, in turn, result in additional benefits to the Fire Department and to the City. As the levels of additional education listed below are satisfactorily 412 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 3 completed and attained, the employee will receive additional monetary compensation in recognition of his/hertheir educational achievement. a. Level I – Any employee who has attained an Associate Degree, or attained Junior status in a degree program, shall receive educational incentive pay of three percent (3%) of his/hertheir base rate of pay. An employee may only receive this education incentive pay for one degree. b. Level II – Any employee who has attained a Bachelor’s Degree shall in Fire Administration, Public Administration, Public Policy or an equivalent degree as determined by the Education Committee and Fire Chief will receive education incentive pay of six percent (6%) of his/hertheir base rate of pay. An employee may only receive this education incentive pay for one degree. c. Level III – Employees who have attained a Master’s Degree shall receive education incentive pay of ninethree percent (93%) of their base rate of pay. dc. Maximum Education Incentive Pay – - The maximum education incentive pay an employee may receive is six nine percent (69%) of his/her their base rate of pay. for a Bachelor’s Degree. An employee may only receive this education incentive pay for one degree. . ed. Degree Majors – Degree majors will be reviewed and approved by the Fire Chief. For current employees seeking additional degrees, the course of study will be reviewed and approved by the Fire Chief in advance. Appeals may be directed to the Administrative Services Director for final determination. in an equivalent course of study other than Fire Science, Fire Administration, Public Administration or Public Policy shall be approved in advance by the Education Committee. e. Education Committee – An Education Committee shall be established and composed of three (3) members. Of said three (3) members, one shall be appointed by the Association, one appointed by the Fire Chief, and the third shall be the Human Resources Director. f. Effective Date – Following approval certification by the Education Committee the date of degree award, the additional education incentive pay shall commence the beginning of the pay period following the employee’s submission of a completed application that qualifies for education incentive pay. The parties agree that to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Educational Incentive Pay. B.C. Acting Assignments – Employees acting in a higher classification shall be qualified as defined within Department Policy. Employees shall be paid at the step in the classification in which they are acting which provides them with at least a 5% increase. The acting assignment 413 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 4 shall end at the discretion of the City. The parties agree that to the extent permitted by law, Acting Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(3) Temporary Upgrade Pay. D. Administrative Appointments: 1. Administrative Appointments – The City may, from time to time, administratively appoint employees to administrative or specialist positions. Employees so appointed to the positions of Captain Paramedic, Engineer Paramedic, or Administrative Fire Captain, shall serve at the discretion of the Fire Chief and may be returned to their regular position at any time as determined by the Fire Chief. An administrative appointment shall not affect the employee’s regular classification or rank. Persons administratively appointed shall retain their highest previous permanent classification and the anniversary date of their appointment to the permanent classification. 2. Pay Upon Completion of Administrative Appointment: a. An employee administratively appointed to the positions of Captain Paramedic; Engineer Paramedic, or Administrative Fire Captain, who is subsequently voluntarily or involuntarily reassigned to a position within their permanent classification with a lower rate of pay, shall receive a two (2) step reduction in pay to initially coincide with their reduced assignment and at each anniversary date of the original reduction thereafter, until their rate of pay equals the rate of pay entitled as if they had not received the administrative appointment. b. An employee administratively appointed to the positions of Captain Paramedic, Engineer Paramedic, or Administrative Fire Captain who has completed four (4) years of service in the appointed or any other appointed parallel position, may request to return to their permanent classification, and shall within one (1) year thereafter, be entitled to return to his/hertheir permanent classification. The pay rate changes associated with the appointment or reappointment shall follow the process and procedures established for all positions within the classified service. c. This section shall not apply to demotions or layoffs. E. Pay Upon Completion of Paramedic Duties - - Any Firefighter Paramedic with a minimum of five (5) years of continuous service as a Paramedic may request reinstatement to his/hertheir previously held classification. Such request must be submitted in writing to the Fire Chief at least one (1) year prior to the date of the requested reinstatement. Upon reinstatement, if the employee’s current base salary is equivalent to or in excess of Step GE of the respective Firefighter salary range, his/hertheir salary will be set at Step GE of the respective Firefighter salary range. If the employee’s Paramedic salary is less than Step GE, his/hertheir salary shall be set at a step in the range closest to his/hertheir existing current base salary. This section shall not apply to demotions or layoffs. 414 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 5 E. Special Certification/Special Assignment Skill Pay: 1. Special Certification Pay a. a. Chief Fire Officer Certification – Employees in the classifications of Fire Captain and Administrative Fire Captain who are certified by the California State Board of Fire Services as a Chief Officer or who have completed the Chief Fire Officer courses as required by the California State Fire Marshal’s Office, along with the additional courses below, and additional classes set forth in section c. below shall receive special certification pay of three percent (3%) of their base rate of pay. The parties agree that, to the extent permitted by law, this Chief Officer Certification pay is special compensation and shall be reported as such to PERS pursuant to Title 2 CCR Section 571(a)(2) as Recertification Bonus. Required Additional Courses: 1) S234: Ignition Operations 2) S270: Basic Air Operations 3) AR330: Strike Team Leader 4) S404: Safety Officer 5) S290: Intermediate Wildland Behavior – Classroom based Employees who have completed classes under the previous State Fire Marshal’s course track will be eligible to receive the Special Certification Pay upon confirmation of the Fire Chief. b. Fire Company Officer Certification – Employees in the classifications of Firefighter, Firefighter Paramedic, and Fire Engineer who are certified by the California State Board of Fire Services as a Fire Officer or who have completed the Company Officer courses as required by the California State Fire Marshal’s Office, along with the additional courses below, and additional classes set forth in section d. below shall receive special certification pay of three percent (3%) of their base rate of pay. The parties agree that, to the extent permitted by law, this Fire Officer Certification pay is special compensation and shall be reported as such to PERS pursuant to Title 2 CCR Section 571 (a)(2) as Recertification Bonus. Required Additional Courses: 1) I300: Incident Command System 300 2) S230: Crew Boss 3) S231: Engine Boss 4) S290: Intermediate Wildland Behavior – Classroom Based c. Employees who have completed classes under the previous State Fire Marshal’s course track will be eligible to receive the Special Certification Pay upon confirmation of the Fire Chief. Chief Fire Officer Courses/Classes: 415 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 6 Current classes required for Chief Fire Officer Certifications through the California State Fire Marshalls Office. 1) Chief Fire Officer 3A: Human Resources Management 2) Chief Fire Officer 3B: General Administration Functions 3) Chief Fire Officer 3C: Budget and Fiscal Responsibilities 4) Chief Fire Officer 3D: Emergency Service Delivery Responsibilities Completion of additional courses 1) S234: Ignition Operations 2) S270: Basic Air Operations 3) AR330: Strike Team Leader 4) S404: Safety Officer 5) S290: Intermediate Wildland Behavior – Classroom based d. Company Officer Courses/Classes Current classes required for Fire Officer Certifications through the California State Fire Marshalls Office. 1) Company Officer 2A: Human Resources Management 2) Company Officer 2B: General Administration Functions 3) Company Officer 2C: Fire Inspections and Investigations 4) Company Officer 2D: All-Risk Command Operations 5) Company Officer 2E: Wildland Incident Operations 6) Instructor I: Instructional Methodology, and e. Completion of additional courses 1) I300: Incident Command System 300 2) S230: Crew Boss 3) S231: Engine Boss 4) S290: Intermediate Wildland Behavior – Classroom Based 2. State Board of Fire Service Certification - Any employee in a position that did not require certification as a condition of employment, and who at any time has been or becomes certified by the State Board of Fire Services in a classification then occupied, shall be entitled, upon request, to a lump sum cash payment of two hundred fifty dollars ($250). Each employee may only receive one such payment irrespective of the number of times he/she isthey are certified in any position. 3. Paramedic Re-certification Pay - Each time a Firefighter Paramedic assigned as a Firefighter Paramedic an employee is re-certified by the State of California and accredited by Orange County as a Paramedic, the Firefighter Paramedic they shall be entitled to a lump sum cash payment of two thousand five hundred dollars ($2,500). 416 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 7 Each time a Fire Captain or Fire Engineer is re-certified by the State of California as a paramedic, the employee shall be entitled to a lump sum cash payment of five hundred dollars ($500). Eligible employees are Fire Engineers or Fire Captains who currently possess a State of California Paramedic License and/or are re-certified by the State of California as a Paramedic to practice as a Paramedic. Re-certification pay for Captains and Engineers shall be limited to thirty (30) positions. The City will allow Fire Engineers and Fire Captains who are certified by the State of California as a paramedic to maintain local (Orange County) accreditation and to practice as a paramedic based upon established department standards. The parties agree that to the extent permitted by law, Paramedic Recertification Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Paramedic Pay. 4. Preceptor Pays - Firefighter Paramedics who possess the qualifications necessary to be a preceptor and are assigned preceptor duties by the Fire Chief or his/her sworn designee shall be paid a special pay of 5.34% of the base hourly rate of Firefighter 56-hour Step GE for each hour worked. It is the intention to provide all eligible Firefighter Paramedics the same dollar value in this special pay. For employees who are appointed as a new Firefighter Paramedic, the preceptor partner (i.e., the employee receiving preceptor pay) shall receive preceptor pay until the end of the first probationary rotation. The Fire Chief or designee may request the preceptor duties and the associated preceptor pay be extended after the first rotation for a designated term. For an internally promoted Firefighter Paramedic, not more than two persons on each crew may receive preceptor pay. The parties agree that to the extent permitted by law, Preceptor Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Training Premium. 5. Administrative Assignment Pay - Employees designated to perform Special Assignment duties by the Fire Chief or their sworn designee, as specified in the Huntington Beach Fire Department Organization Manual Policy D-25, shall be paid a special pay of 5.34% of the base hourly rate of Firefighter 56-hour Step G for each hour worked. The parties agree that to the extent permitted by law, Administrative Assignment Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Fire Staff Premium. 5.6. Firefighter Tiller Certification - Firefighters who obtain and maintain the certifications and qualifications as outlined in (a) through and (bc) below shall receive a special pay of 1.78% of the bi-weekly base rate of Firefighter 56-hour Step EG. It is the intention to provide all eligible Firefighters the same dollar value in this special pay - Firefighter Step EG. 417 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 8 a. Tiller Certification – Obtain and maintain Huntington Beach Tiller Certification. The parties agree that to the extent permitted by law, Tiller Certification Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Tiller Premium. b. Class A. B, C Driver License – Obtain and maintain a minimum of a valid Class A, Class B or Class C California driver license with firefighter endorsement or Class B restrictive California driver license. Light Air Unit – Ability to drive and operate, the Light Air Unit as required, and identified in Exhibit D. The parties agree that to the extent permitted by law, Light Air Unit Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Tiller Premium. c. Regular Duty Assignment – If a Firefighter Paramedic is routinely and consistently assigned to the Tiller truck, they are eligible to receive the Firefighter Tiller Certification Pay. 6. Bilingual Skill Pay - Employees who are qualified may be called upon to use Spanish, Vietnamese, or American Sign Language skills shall be paid an additional five percent (5%) of their base rate of pay in addition to their regular bi-weekly salary. Additional languages may be approved at the discretion of the City Manager. 7. 8.7. Employees may accept assignments utilizing bilingual skills in Japanese or other languages on a short-term assignment with approval by the City Manager. Such employees shall receive the additional five percent (5%) of their base rate of pay for the pay period that the assignment is in effect.Employees whose bilingual skills are qualified, in accordance with the most current Huntington Beach Fire Department Organization Manual Policy D-26, (Fire Department Policy) language skills shall be paid an additional five percent (5%) of their base rate of pay in addition to their regular bi-weekly salary. Additional languages may be approved at the discretion of the City Manager or Fire Chief. In order to be qualified and certified for said compensation, employee's language proficiency will be tested and certified by the Human Resources Administrative Services Director or designee. Basic conversational proficiency will be evaluated based on response to a scenario driven oral evaluation. The Human Resources Division will notify candidates of the results of the oral evaluation. If the candidate’s attempt is unsuccessful, he/shethey may repeat the process in six (6) months’ time from the date of the previous exam. Bilingual skill pay shall begin the first day of the pay period following certification. Employees certified and receiving bilingual skill pay for American Sign Language shall be required to re-certify bilingual skills with the Human Resources Administrative Services Director or designee every five (5) years. The parties agree that to the extent permitted by law, Bilingual Skill Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium. 9.8. Investigator Pay: Form stops 418 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 9 a. Level I Arson Investigators are appointed by the Fire Chief. Level I Arson Investigators are Level II Arson Investigator trainees. Level I Arson rate is 4.6% above a Firefighter Paramedic 40-hour Step G rate at time and one-half. 1) Level I Arson Investigators assigned to an incident or approved training while off duty will be compensated the full Level I Arson Investigator rate. 1)2) Level I Arson Investigators assigned to an incident or approved training while on duty will be compensated the difference between their current hourly rate and the current Arson Level I Investigator rate (differential). b. Level II Arson Investigators are appointedment by the Fire Chief. The Level II Arson Investigator rate is 11% above the Arson Level I Investigator rate. 1) Level II Arson Investigators assigned to an incident or approved training while off duty will be compensated the full Level II Arson Investigator rate. 1)2) Level II Arson Investigators assigned to an incident or approved training while on duty will be compensated the difference between their current hourly rate and the current Arson Level II Investigator rate (differential). The parties agree that to the extent permitted by law, Investigator Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Fire Investigator Premium. 9. Swat Medic Pay: c. Swat Medics are appointed by the Fire Chief. Swat Medic pay rate is 4.6% above a Firefighter Paramedic 40-hour Step G rate at time and one-half. 1) Swat Medics assigned to an incident or approved training while off duty will be compensated the full Swat Medic rate. 2) Swat Medics assigned to an incident or approved training while on duty will be compensated the difference between their current hourly rate and the current Swat Medic rate (differential). d. Tactical Emergency Medical Services (TEMS) Captains are appointed by the Fire Chief. The TEMS Captain rate is 11% above the Swat Medic rate. 1) TEMS Captain assigned to an incident or approved training while off duty will be compensated the full TEMS Captain rate. 2) TEMS Captain assigned to an incident or approved training while on duty will be compensated the difference between their current hourly rate and the current TEMS Captain rate (differential). 419 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 10 The parties agree that to the extent permitted by law, Swat Medic Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Hazard Premium. 10. Urban Search and Rescue (USAR) Team Assignment Pay: a. Employees certified and assigned to a Type 3 (Light Duty) USAR team shall receive special assignment pay of one percent (1%) of their base rate of pay. b. Employees certified and assigned to a Type 2 (Medium Duty) USAR team shall receive special assignment pay of three percent (3%) of their base rate of pay. c. Employees certified and assigned to a Type 1 (Heavy Duty) USAR team who are qualified and regularly assigned to the Team (not to exceed 24 employees) shall receive special assignment pay of five percent (5%) of their base rate of pay. The parties agree that to the extent permitted by law, USAR Team Assignment Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Hazard Premium. 11. Hazardous Materials (Hazmat) Team Assignment Pay: a. Employees assigned to the Hazmat team as a Hazmat Technician shall receive special assignment pay of five percent (5%) of their base rate of pay. b. Employees assigned to the Hazmat team as a Hazmat Specialist shall receive special assignment pay of seven and one-half percent (7.5%) of their base rate of pay. The parties agree that to the extent permitted by law, Hazmat Team Assignment Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Hazard Premium. 12. Rank Paramedic Assignment Pay – Employees in the classification of Fire Engineer and Fire Captain who are assigned to perform paramedic duties shall receive special assignment pay of fourteen percent (14%) of their base rate of pay. The parties agree that to the extent permitted by law, Rank Paramedic Assignment Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Paramedic Pay. 13. Special CertificationAdvanced Paramedic Certification Pay - Effective July 1, 2021, eEmployees who are licensed paramedics and locally accredited in Orange County paramedics and have obtained the following special certifications shall receive special certification pay as follows: 14. 13. Advanced Paramedic Certification – Each employee who possesses a current ccertifications of in the following courses shall receive special certification pay of two percent (2%) of their base rate of pay: 420 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 11 • (1) Advanced Cardiac Life Support through the American Heart Association;, and, • (2) Pediatric Advanced Life Support through the American Heart Association or Pediatric Education for Pre-hospital Personnel through the American Academy of Pediatrics; and, • (3) Pre-Hospital Trauma Life Support or Basic Trauma Life Support. shall receive special certification pay of one percent (1%) two percent (2%) of their base rate of pay. Effective July 1, 2022, the Advanced Paramedic Certification pay will increase one percent for a total of three percent (3%) of their base pay. Any licensed Paramedic who did not acquire their advance Paramedic certifications through the American Heart Association and the American Academy of Pediatrics prior to July 1, 2017 and was receiving this special certification pay, shall continue to receive the pay, but must meet the requirements herein when their current certification expires in order to continue to receive the pay. Employees who did not acquire their Advanced Paramedic certifications through the American Heart Association and the American Academy of Pediatrics prior to July 1, 2017, but have obtained the special certifications through other providers, and have submitted for this special certification pay, shall receive the pay. However, they must meet the requirements herein when their current certification expires in order to continue to receive the pay. The parties agree that to the extent permitted by law, Advanced Paramedic Certification is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Paramedic Pay. All special certification/special assignment/skill pay provided in Article V (E) shall be effective the beginning of the first full pay period following certification. In order to receive certification, The certification process shall be as follows: 1. tThe employee shall complete an Official Report submitted to the Fire Chief, which shall includeing evidence that he/shethey haves completed all required courses necessary to receive the certifications noted above. 2. Upon approval of the Fire Chief, the Official Report shall be submitted to the Education Committee for approval. 3. The effective date of the certification pays as defined above shall begin as defined in Article V.A.1.f. F. Holiday Pay-In-Lieu - Employees shall be compensated by the City in-lieu of the ten (10) listed holidays at their appropriate assigned work schedule rate, either at a forty-hour (40) or fifty-six hour (56) workweek. Employees assigned to the 40-hour workweek shall be compensated eight (8) nine (9) hours per holiday. Employees assigned to the 56-hour workweek shall be compensated eleven hours and twelve minutes (11.2) twelve hours and 36 minutes (12.6) hours per holiday. Personnel who change from a fifty-six (56) hour schedule to a forty (40) hour 421 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 12 schedule shall multiply the existing hours by .7143. Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their existing hours by .7143. The following are the recognized legal holidays under this MOU: 1. New Year’s Day (January 1) 2. Martin Luther King’s Birthday 3. President’s Day (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veterans’ Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. Friday after Thanksgiving 10. Christmas Day (December 25) Any day declared by the President of the United States to be a national holiday, or by the Governor of the State of California to be a State holiday, and adopted as an employee holiday by the City Council of Huntington Beach. The parties agree that to the extent permitted by law, Holiday in Lieu Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5) Statutory Items. G. Longevity Pay - All employees with the following full time, paid employment as a Firefighter continuous service in the City of Huntington Beach shall receive the following longevity pay: 1. Five (5) years or more, but less than ten (10) years, of service shall receive longevity pay equal to 2.5% of base salary as set forth in Exhibit B. 2. Ten (10) years or more, but less than twenty (20) years, of service shall receive longevity pay equal to 5% of base salary as set forth in Exhibit B. 3. Twenty (20) years or more of service shall receive longevity pay equal to 7.5% of base salary as set forth in Exhibit B. Volunteer, reserve, and part-time position time will not be factored into the total years of service under Longevity Pay. The parties agree that to the extent permitted by law, Longevity Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1) Longevity Pay. H. Emergency Medical Technician Pay – All employees in the unit who possess an Emergency Medical Technician (EMT) certification shall receive onefour and sixty-seven one hundredths percent (41.67%) of base salary. The parties agree that to the extent permitted by law, Emergency Medical Technician (EMT) Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Emergency Medical Technician Pay. 422 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 13 I. Reporting to CalPERS – In the event that CalPERS challenges the City’s report of any special compensation as compensation earnable and informs the City that it cannot not report the pay since it does not qualify as special compensation per Title 2 CCR section 571, the City is not obligated to continue to report the pay. This is provided for per Title 2 Section 571(c) & (d). ARTICLE VI – UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. Uniforms Provided by City – The City will provide all employees with uniforms as described in the most current Policy C-2 (Uniforms) executed by the City and HBFA. Either party may request to meet and confer during the MOU on Policy C-2. B. Uniform Allowance/Fitness – The City shall provide each employee who participates in the Fire Department’s current physical fitness program, Policy D-9, one hundred fifty dollars ($150) per fiscal year for the purchase of physical fitness uniforms and physical fitness shoes, payable in the first payroll period of December. New employees must actively participate a minimum of 90 days prior to December 1st to be eligible for the December uniform allowance. Either party may request to meet and confer during the MOU on Policy D-9. C. Uniform Care and Replacement: 1. The City, at no cost to the employee, shall replace any uniforms with the exception of the physical fitness uniforms that are destroyed, become unacceptable, or were damaged by circumstances involving the Firefighter’s regular work while on duty. 2. The uniforms described in paragraph A of this Article and Policy C-2 (Uniforms) shall be replaced by the City whenever the Fire Chief or his/hertheir sworn designee determines that such replacement is necessary. 3. The employee shall be responsible for the preservation and cleaning of all uniforms. 4. All uniforms and equipment furnished by the City, with the exception of T-shirts, shall remain the property of the City and be returned or replaced if the employee terminates. D. Uniform Policies and Advisory Committee: 1. The present uniform and clothing policies, as delineated in this Article, shall remain in effect. Either party may seek to meet and confer over a change to the policy during the term of this MOU. All safety clothing and uniforms required by the City to be worn by employees during working hours shall meet all applicable State and Federal regulations relating to said clothing and, with the exception of station uniforms, be of a high quality, fire resistant material. Form Form Form 423 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 14 2. A uniform advisory committee composed of two (2) members appointed by the Association and two (2) representatives appointed by the Fire Chief, shall make recommendations on the uniforms to be worn, the method of said uniforms will be provided and obtained and further recommendations on safety clothing and uniforms may be required during the term of this MOU. E. Reportable to PERS - The City will report as special compensation, in accordance with Title 2, California Code of Regulations, Section 571(a)(5) to the California Public Employees’ Retirement System (CalPERS), for each classification the average annual cost of uniforms provided by the City as well as the physical fitness uniform described in Subsection (B). For employees who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms shall apply. Upon request, the City will inform HBFA of the amounts reported as special compensation under this provision. For “new members” as defined by the Public Employees’ Pension Reform Act of 2013, the cost of uniforms will not be reported as compensation earnable to CalPERS. 424 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 15 ARTICLE VII – HOURS OF WORK/OVERTIME A. Work Schedule: 1. All twenty-four (24) hour shift employees shall work an average of fifty-six (56) hours per week pursuant to the current schedule of five (5) twenty-four (24) hour shifts in a fifteen (15) day period with six (6) consecutive days off. Effective February 2, 2019, employees shall work the 48/96 work schedule in which they are scheduled to work two (2) consecutive days on followed by four (4) consecutive days off. two (2) twenty-four (24) hour shifts in a two (2) day period with four (4) consecutive days off. 2. All twenty-four (24) hour shift employees shall be on a fifteen (15)twenty-four (24) day work period consistent with the 7(K) exemption set forth in the Fair Labor Standards Act (FLSA). Effective February 2, 2019, all twenty-four (24) hour shift employees shall be on a twenty-four (24) day work period consistent with the 7(K) exemption set forth in the Fair Labor Standards Act (FLSA). The parties agree that the 48/96 work schedule will be in effect for a trial period of exactly 360 days (fifteen (15) twenty-four (24) day work periods) at which time it will sunset unless the parties both agree to continue it. In the 90 day period prior to the expiration of the trial period, the parties shall inform each other if they want the 48/96 work schedule to end or continue. If both parties agree that it should continue (and therefore become the work schedule in effect for 24-hour shift employees) it shall continue unless and until it is changed in the future through labor negotiations. If either party wishes the 48/96 work schedule to end at the end of the trial period, it shall end. However, the parties agree to meet and discuss their respective positions prior to terminating the schedule to try to resolve any issues causing the desire to terminate the schedule. 2. Fire Prevention staff and Aadministrative work schedules are to be forty (40) hours per week on a four (4) day workweek, ten (10) hours per day, twenty eight (28) day 7(K) FLSA work period. 3. The parties agree that these work schedules shall continue unless and until it is changed in the future through labor negotiations. B. Hours of Work - Defined: 1. Hours worked shall be defined as actual time worked, approved vacation, sick leave, compensatory time off, bereavement leave, and industrial injury or illness leave, with the exception of exchange of shift not being included. 2. Exchange of shifts (aka as shift trades) shall occur at 0800 hours each day and comply with Fire Department Rules and Regulations, Policy B-2. 3. Meal periods are paid as hours worked for personnel who are subject to call for emergency duty. 425 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 16 4. The maximum time allowed within the forty (40) hour workweek (for employees assigned to work 40 hours per week) schedule for physical fitness shall not exceed four (4) hours within any given workweek. All physical fitness activities considered to be work activities shall be conducted on duty at the fire stations or as provided in the current fitness policy D-9. Fitness activities shall be conducted under supervision as appropriate. 5. An employee who is held over beyond the end of his/hertheir regular shift shall be compensated for the actual time they arehe/she is required to remain on duty, computed to nearest quarter (1/4) hour. If an employee works seven minutes or less, the time will be rounded down and if eight minutes or more will be rounded up to the nearest quarter (1/4) hour. 6. Exchanges of time (aka shift trades) count as hours worked for the employee whose shift was worked, not for the employee who worked the shift. These hours count as hours worked for FLSA purposes only. 7. An employee shall be considered to be working if he/shethey is are ordered to duty by the Fire Chief or his/hertheir sworn designee. C. Level Pay Plan: 1. Twenty-four (24) Hour Shift Personnel – The 15 day FLSA work period for each employee shall begin at 8 a.m. on the first shift worked by the A shift following six days off. All hours worked in excess of 114 hours in an FLSA work period shall be compensated at the premium rate (one and one half times the regular rate of pay). All regularly scheduled non “lost time” hours shall be counted as hours worked. Each employee assigned to twenty-four hour shifts for a full FLSA work period shall receive 106.4 hours of regular pay and 5.6 hours at the overtime rate of pay, as defined in subsection D.1.a.of this Article, in each bi-weekly pay period, which shall compensate the employee for FLSA overtime for regularly scheduled shift work. The intent of this system is that all FLSA overtime hours worked shall be compensated by the first payday following the end of the 15 day FLSA work period. In the event that an employee receives FLSA overtime on a payday before that employee has actually worked FLSA overtime hours, the amount received shall be credited for FLSA purposes toward the next occasion on which the employee works FLSA overtime. If an employee who is paid FLSA overtime in advance of working FLSA hours leaves City employment, there shall be an adjustment in his/her final paycheck to reflect such advance payment. 1. The 24 day FLSA work period for each employee shall begin at 8 a.m. All hours worked in excess of 182 hours in an FLSA work period shall be compensated at the premium rate (one and one half times the regular rate of pay). All regularly scheduled non “lost time” hours shall be counted as hours worked. Each employee assigned to twenty-four hour shifts for a full FLSA work period shall receive 106.15 hours of regular pay and 5.85 hours at the overtime rate of pay, as defined in 426 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 17 subsection D.1.a. of this Article, in each bi-weekly pay period, which shall compensate the employee for FLSA overtime for regularly scheduled shift work. 2. In addition to the overtime pay as provided in subsection 1 above, twenty-four (24) hour shift employees shall receive pay at the overtime rate for hours worked in excess of regularly scheduled hours unless the employee has “lost time” in a regularly scheduled shift. If there is “lost time” in any regularly scheduled shift, the employee shall receive overtime pay for only those overtime hours worked in excess of the number of lost time hours in the bi- weekly pay period. 3. Lost Time Defined – “Lost time” is defined as time when the employee does not work when regularly scheduled to do so and does not receive a leave of absence with pay. 4. Forty (40) Hour Work Week – Personnel who are not assigned to twenty-four hour shifts but are assigned to work forty (40) hours per week shall have a twenty-eight (28) day FLSA work period, which shall correspond to exactly two City pay periods and shall begin at the same time as a City pay period. Forty (40) hour personnel shall continue to receive overtime pay for working hours in excess of their regularly scheduled hours. 5. 4/10 Work Schedule Defined – The 4/10 work schedule shall be defined as working four (4) days at ten (10) hours per day in an FLSA designated work week. Meal periods are regarded as hours worked for personnel who are subject to call for emergency duty. All employees on the 4/10 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Manager, Department Head or designee may require such service from said employees. D. Overtime/Compensatory Time Off: 1. Paid Overtime: a. All employees covered by this MOU shall be eligible for overtime pay at one and one- half (1½) times their regular rate of pay, as defined by the FLSA, for all actual work performed in excess of the employees’ scheduled hours in their declared work period. Employees assigned to fire suppression duties are scheduled to work 18220 hours in the declared 2415 day FLSA work period. Effective February 2, 2019, while the 48/96 work schedule is in effect, employees assigned to fire suppression duties are scheduled to work 192 hours in the declared 24 day FLSA work period. b. Any employee who works overtime in either a higher or lower classification shall be compensated at the rate of pay consistent with the classification worked. However, if an employee is force hired to work in a lower classification (e.g., a Fire Engineer is force hired to work as a Firefighter) the employee shall be compensated at the rate attendant to his/hertheir regular classification. c. The City will maintain and adhere to the callback staffing system as set out in the most current Policy D-3 executed by the parties. The callback staffing system and/or Form Form Form 427 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 18 Policy D-3 may be modified by mutual agreement of the parties at any time during the term of the MOU. 2. Compensatory Time Off: a. Non-Exempt – All overtime worked by non-exempt employees shall be compensated at the employee’s overtime rate of pay and shall not be compensated by compensatory time off. b. Staff Personnel – For all employees in the classification of Administrative Fire Captain, in lieu of compensation by cash payment for overtime as provided in this Article, such employees may, at their option and with the approval of the Fire Chief or designee, be compensated by compensatory time off at time and one half for each overtime hour worked. 1) Compensatory time off may be accumulated to a maximum of one hundred- twenty (120) hours. Compensatory time off may be taken on an hour-for-hour basis, with the approval of the Fire Chief or his/hertheir sworn designee. Permission shall be granted unless granting the request will unduly disrupt the Department, or unless denying the request will violate the FLSA. Until December 31, 2018, upon his/her request, any employee may elect to convert all or a portion of compensatory time to a cash payment at the employee’s regular rate of pay. Any such payment shall be made on the next regular payday, following the request, provided the request is made by the end of the previous payroll period. Effective for calendar year 2019 and every year thereafter the previous paragraph is eliminated and the following shall apply: By December 15 (the first year being 2018) of each year, an employee may make an irrevocable election to cash out compensatory time off hours which he/shethey may earn in the following calendar year. An employee will receive the cash for the compensatory time off (assuming he/she they haves earned it) he/shethey irrevocably elected to cash out in the following calendar year. He/sheThey can either receive the cash all in the first pay period in December or half the cash in the second pay period in July and the other half in the first pay period in December. However, if the employee has not earned the compensatory time off for which he/shethey elected to cash out (either in July or December) the employee will receive cash for the amount of compensatory time off he/shethey has accrued in the calendar year. If an employee makes an irrevocable election to cash out compensatory time off in the following calendar year and uses compensatory time off in that subsequent year, the compensatory time off used will come from annual leave the employee had earned prior to January 1 of the year the employee has elected to cash out annual leave. This is to ensure that assuming an employee had a 428 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 19 compensatory time off balance prior to January 1, the compensatory time off used will not result in a reduction in the amount of compensatory time off the employee will be eligible to cash out. In addition to the above, starting in calendar year 2019, an employee who has an “unforeseen emergency” (defined as an unanticipated emergency that is caused by an event beyond the control of the employee and that would result in severe financial hardship to the employee if early withdrawal were not permitted) shall be entitled to make a request to the Administrative Services Director of Human Resources for a payoff of accrued compensatory time. The amount of compensatory time off which may be paid off is limited to the amount necessary to meet the emergency. The maximum payoff the employee can receive for an emergency what is in his/her their compensatory time off bank. 2) Compensatory time off may not be received in lieu of a cash payment for time worked during major emergencies when, in the opinion of the Fire Chief or his/her their sworn designee, the City may be eligible for reimbursement from another agency for said cash payment. c. Compensatory Time Paid Off – Immediately prior to the time of any change in the salary schedule, any accumulated time, which has not been used or paid off, shall be eligible to be paid in cash at the regular rate of pay based upon the salary schedule for forty (40) hour per week personnel in effect prior to the change. 3. Callback – Employees who are ordered to return to duty on other than their regularly scheduled shift shall receive a minimum of two (2) hours compensation at the employee’s overtime rate of pay. 4. Mandatory Standby – Any employee may be placed on “mandatory standby” by the Fire Chief or his/hertheir sworn designee. Employees on mandatory standby must remain available for immediate response during the designated standby period. All personnel placed on mandatory standby shall receive a minimum of two (2) hours compensation for each twelve (12) hours of off duty standby time or fraction thereof. 5. Electronic Communication Devices – Recognizing that electronic communication devices are part of the Fire Department’s business and emergency alerting system, electronic communication devices shall be issued and worn only on a voluntary basis with the exception of members who are placed on mandatory standby who may be required to wear an electronic communication device while on such standby. An employee placed on mandatory standby may voluntarily wear an electronic communication device, and if so, shall receive a minimum of two (2) hours compensation for each twenty-four (24) hours of off duty standby time or fraction thereof. Electronic communications devices, as described above, shall not include cell phones. Members assigned to special staff or prevention duties and voluntarily receiving other types of consideration (i.e., twenty-four (24) hour assigned vehicle) may be required to wear pagers and respond while off duty when within pager call range. 429 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 20 6.5. Required Training Attendance – An employee who is required to attend a class or seminar to maintain his/hertheir current position shall have his/hertheir related expenses paid by the City. If attendance occurs at a time when the employee is not scheduled to work, he/shethey shall be compensated on an hourly basis. 7.6. Cancellation of Overtime – Any employee who is scheduled by the City to work overtime in advance of the time set forth for such scheduling in accordance with the Huntington Beach Fire Department Organization Manual, Policy D-3, which is subsequently cancelled less than seventy-two (72) hours in advance of the commencement of the scheduled overtime shift, shall receive a minimum of two (2) hours pay at the employee’s overtime rate. 8.7. Court Time: a. Employees placed on standby for a court appearance involving City business during other than their scheduled working hours shall receive a minimum of two (2) hours base rate of pay for each morning and/or afternoon session. b. Employees appearing in court on City business during other than their scheduled working hours shall receive a minimum of three (3) hours pay at the overtime rate; provided, however, that if such time overlaps with the employee’s scheduled working hours, said pay shall be limited to those hours occurring prior to or after the employee’s scheduled work time. c. Employees shall not receive both standby pay and overtime pay for the same court session. An employee who is on standby and reports to court will be paid in accordance with (b) above. 9.8. Pay Oout of Rank - Subject to the approval of the Fire Chief or his/hertheir sworn designee, an employee may voluntarily work in a classification below his/hertheir rank. E. Jury Duty – Employees who are summoned to perform jury service shall be entitled to their regular compensation while serving; provided the fees, except mileage and subsistence allowance, if any, which they receive as jurors, are remitted to the City. If an employee calls in at night and finds out that he/shethey must report to jury duty the next day (and are scheduled to be working that day as part of a regular shift or on an overtime basis), he/shethey must contact his/hertheir Battalion Chief as soon as possible so that coverage can be arranged for his/hertheir shift. Employees are required to return to work if dismissed by the Court from jury duty. The returning employee will go back to his/hertheir shift and the employee who replaced him/herthem will be relieved from duty at that time for the remainder of the shift. 430 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 21 F. Shift Exchange/Relief: 1. The Fire Department shall allow Association members’ exchanges of schedule pursuant to the most current Policy D-7 of the Huntington Beach Fire Department Organization Manual that has been executed by the parties. Policy D-7 (Exchange of Work Schedule) may be modified by mutual agreement of the parties at any time during the term of this MOU. An employee may be relieved by any other employee who is qualified to relieve him/her at any time by utilizing appropriate leave (i.e., vacation). In addition, the parties acknowledge Department of Labor regulation, 29 CFR section 553.225 which provides: G. It is a common practice among employees engaged in fire protection activities to relieve employees on the previous shift prior to (between the hours of 0600 and 0800) the scheduled starting time. Such early relief time may occur pursuant to employee agreement, either expressed or implied. This practice will not have the effect of increasing the number of compensable hours of work for employees employed under section 7(k) where it is voluntary on the part of the employees and does not result, over a period of time, in their failure to receive proper compensation for all hours actually worked. On the other hand, if the practice is required by the employer, the time involved must be added to the employee's tour of duty and treated as compensable hours of work. Assigned Shift Policy – Employees of equal rank shall have the option to change assigned shifts on an employee for employee basis upon written request to and approved by the Fire Chief. H. Sta shall be set by following Organizational Manual Policy D-24 G. Station / Shift Assignments Station / Shift Assignments shall be set by following Organizational Manual Policy D-24. I.H. Minimum Staffing and Filling Vacancies: 1. Minimum Staffing Levels – The City shall cause apparatus to be staffed with sufficient employees to assure the safety of employees and the control of risk. For these purposes, the minimum staffing of apparatus shall be as defined by Policy D-14, Minimum Staffing and Filling of Vacancies, a copy of which is attached as Exhibit G and incorporated by reference herein. a. Minimum staffing in the Fire Department is set forth in Policy D-14, which is in Appendix G to this MOU. 431 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 22 b. If a Rank Paramedic is activated on a Paramedic Engine, the overall number of on- duty Firefighters will increase and the overall number of Firefighter/Paramedics will decrease for each Rank Paramedic. However, the total number of on-duty Paramedics will be no less than 16. c. If the Fire Chief determines the need to convert a Truck Company to a PAU or Paramedic Truck Company, the overall number of on-duty paramedics shall be no less than 16. J.I. Probationary Period: 1. Length of the Probationary Period - Employees in the bargaining unit shall serve a probationary period when initially appointed to a position in the unit and also when they promote into a higher rank. The probationary period shall be one year from the time of initial appointment or promotion into a higher rank. 2. Extension of the Probationary Period - An employee who uses more than 120 hours of leave for any purpose by the last day of his/hertheir probationary period will have his/hertheir probationary period extended by the total amount of leave (paid or unpaid) used during the probationary period. ARTICLE VIII – HEALTH AND OTHER INSURANCE BENEFITS A. Health Insurance - The City shall continue to make available group health, dental, and vision benefits to all HBFA employees. B. Eligibility Criteria and Cost: 1. City Paid Health Insurance – Employees and Dependents - An employee, eligible dependents, and qualifying domestic partners per state law, shall become eligible to participate in the City’s insurance plan described below effective the first of the month following the employee’s date of hire. Any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates. 2. Employer Contributions to Health and Other Insurance Benefits -– Effective January 1, 2022, and January 1, 2023, Tthe City’s maximum monthly employer contributions for health and other insurance premiums is set forth in the charts below. The amounts listed below are inclusive of the CalPERS statutory PEMHCA minimum amount. Table 1. HBFA Health Contributions Effective January 1, 2022 Maximum City Contribution Tier Medical Dental PPO Dental HMO Vision Single 853.60 42.88 23.00 17.58 Two Party 1,170.75 81.82 39.11 17.58 Family 1,706.25 116.36 59.81 17.58 432 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 23 Opt-out 853.60 - - - Table 2. HBFA Health Contributions Effective January 1, 2023 Maximum City Contribution Tier Medical Dental PPO Dental HMO Vision Single 876.93 42.88 23.00 17.58 Two Party 1,194.08 81.82 39.11 17.58 Family 1,729.58 116.36 59.81 17.58 Opt-out 876.93 - - - i. Employee only (“EE”) – The cost of the premium up to a maximum of $500.00. Effective the beginning of the pay period following City Council approval of this MOU, the cost of the premium up to a maximum of $600.00. Effective on the first day of the pay period which includes July 1, 2019, the cost of the premium up to a maximum of $700.00. Effective on the first day of the pay period which includes July 1, 2020, the cost of the premium up to a maximum of $800.00. ii. Employee + one dependent (“EE” + 1) –The cost of the premium up to a maximum of $815.00. iii. Effective the beginning of the pay period following City Council approval of this MOU, the cost of the premium up to a maximum of $915.00. Effective on the first day of the pay period which July 1, 2019, the cost of the premium up to a maximum of $1,015.00. Effective on the first day of the pay period which July 1, 2020, the cost of the premium up to a maximum of $1,115.00. iv. Employee + two or more dependents (“EE” + 2) –The cost of the premium up to a maximum of $1,325.00. v. Effective the beginning of the pay period following City Council approval of this MOU, the cost of the premium up to a maximum of $1,425.00. Effective on the first day of the pay period which includes July 1, 2019, the cost of the premium up to a maximum of $1,525.00. Form 433 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 24 Effective on the first day of the pay period which includes July 1, 2020, the cost of the premium up to a maximum of $1,625.00. Tier Upon City Council Approval (per month) Beginning of the pay period which includes July 1, 2019 (per month) Beginning of the pay period which includes July 1, 2020 (per month) *Single $600.00 $700.00 $800.00 *Two-Party $915.00 $1,015.00 $1,115.00 *Family $1,425.00 $1,525.00 $1,625.00 Opt Out $600.00 $700.00 $800.00 2018 Health Premiums and Contributions So CA Region - Effective 11/17/2018 HBFA Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution PERS Anthem HMO Select Single 659.69 600.00 59.69 27.55 Two-Party 1,319.38 915.00 404.38 186.64 Family 1,715.19 1,425.00 290.19 133.93 PERS Anthem HMO Traditional Single 735.08 600.00 135.08 62.34 Two-Party 1,470.16 915.00 555.16 256.23 Family 1,911.21 1,425.00 486.21 224.40 PERS Blue Shield Access+ Single 695.97 600.00 95.97 44.29 Two-Party 1,391.94 915.00 476.94 220.13 Family 1,809.52 1,425.00 384.52 177.47 PERS Health Net Salud y Mas Single 461.56 600.00 461.56 213.03 Two-Party 923.12 915.00 8.12 3.75 Family 1,200.06 1,425.00 1,200.06 553.87 PERS Health Net SmartCare Single 607.68 600.00 7.68 3.54 Two-Party 1,215.36 915.00 300.36 138.63 Family 1,579.97 1,425.00 154.97 71.52 PERS Kaiser Single 666.80 600.00 66.80 30.83 Two-Party 1,333.60 915.00 418.60 193.20 Family 1,733.68 1,425.00 308.68 142.47 PERS UnitedHealthcare Single 616.66 600.00 16.66 7.69 Two-Party 1,233.32 915.00 318.32 146.92 Family 1,603.32 1,425.00 178.32 82.30 PERS Choice Single 698.96 600.00 98.96 45.67 Two-Party 1,397.92 915.00 482.92 222.89 434 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 25 Family 1,817.30 1,425.00 392.30 181.06 PERS Select Single 654.74 600.00 54.74 25.26 Two-Party 1,309.48 915.00 394.48 182.07 Family 1,702.32 1,425.00 277.32 127.99 PERS Care Single 733.50 600.00 133.50 61.62 Two-Party 1,467.00 915.00 552.00 254.77 Family 1,907.10 1,425.00 482.10 222.51 PORAC Single 734.00 600.00 134.00 61.85 Two-Party 1,540.00 915.00 625.00 288.46 Family 1,970.00 1,425.00 545.00 251.54 Delta Dental PPO Single 56.00 42.88 13.12 6.06 Two-Party 104.60 81.82 22.78 10.51 Family 137.90 116.36 21.54 9.94 Delta Care HMO Single 30.11 23.00 7.11 3.28 Two-Party 51.19 39.11 12.08 5.58 Family 78.29 59.81 18.48 8.53 VSP Vision Single 23.86 17.58 6.28 2.90 Two-Party 23.86 17.58 6.28 2.90 Family 23.86 17.58 6.28 2.90 Medical Opt Out Benefit: $600.00 per month ($276.92 bi-weekly) Effective the beginning of pay period following Council approval of this MOU, the cost of the single party premium up to a maximum of $600.00 per month ($276.92 bi-weekly). CalPERS PEMHCA 2018 employer contribution = $133.00 per month, $61.38 bi-weekly. Employee and City contributions subject to change as a result of contract negotiations Other Southern California Region: Fresno, Imperial, Inyo, Kern, Kings, Madera, Riverside, Orange, San Diego, San Luis Obispo, Santa Barbara, Tulare 2018 Health Premiums and Contributions LA Region - Effective 11/17/2018 HBFA Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution PERS Anthem HMO Select Single 660.17 600.00 60.17 27.77 Two-Party 1,320.34 915.00 405.34 187.08 Family 1,716.44 1,425.00 291.44 134.51 Single 784.72 600.00 184.72 85.26 435 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 26 PERS Anthem HMO Traditional Two-Party 1,569.44 915.00 654.44 302.05 Family 2,040.27 1,425.00 615.27 283.97 PERS Blue Shield Access+ Single 613.29 600.00 13.29 6.13 Two-Party 1,226.58 915.00 311.58 143.81 Family 1,594.55 1,425.00 169.55 78.25 PERS Health Net Salud y Mas Single 404.32 404.32 0.00 0.00 Two-Party 808.64 808.64 0.00 0.00 Family 1,051.23 1,051.23 0.00 0.00 PERS Health Net SmartCare Single 577.15 577.15 0.00 0.00 Two-Party 1,154.30 915.00 239.30 110.45 Family 1,500.59 1,425.00 75.59 34.89 PERS Kaiser Single 642.70 600.00 42.70 19.71 Two-Party 1,285.40 915.00 370.40 170.95 Family 1,671.02 1,425.00 246.02 113.55 PERS UnitedHealthcare Single 602.78 600.00 2.78 1.28 Two-Party 1,205.56 915.00 290.56 134.10 Family 1,567.23 1,425.00 142.23 65.64 PERS Choice Single 620.39 600.00 20.39 9.41 Two-Party 1,240.78 915.00 325.78 150.36 Family 1,613.01 1,425.00 188.01 86.77 PERS Select Single 573.21 573.21 0.00 0.00 Two-Party 1,146.42 915.00 231.42 106.81 Family 1,490.35 1,425.00 65.35 30.16 PERS Care Single 673.73 600.00 73.73 34.03 Two-Party 1,347.46 915.00 432.46 199.60 Family 1,751.70 1,425.00 326.70 150.78 PORAC Single 734.00 600.00 134.00 61.85 Two-Party 1,540.00 915.00 625.00 288.46 Family 1,970.00 1,425.00 545.00 251.54 Delta Dental PPO Single 56.00 42.88 13.12 6.06 Two-Party 104.60 81.82 22.78 10.51 Family 137.90 116.36 21.54 9.94 Delta Care HMO Single 30.11 23.00 7.11 3.28 Two-Party 51.19 39.11 12.08 5.58 Family 78.29 59.81 18.48 8.53 VSP Vision Single 23.86 17.58 6.28 2.90 Two-Party 23.86 17.58 6.28 2.90 Family 23.86 17.58 6.28 2.90 Medical Opt Out Benefit: $600.00 per month ($276.92 bi-weekly) Effective the beginning of pay period following Council approval of this MOU, the cost of the single party premium up to a maximum of $600.00 per month ($276.92 bi-weekly). 436 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 27 CalPERS PEMHCA 2018 employer contribution = $133.00 per month, $61.38 bi-weekly Employee and City contributions subject to change as a result of contract negotiations Los Angeles Area Region: Los Angeles, San Bernardino, Ventura 2019 Health Premiums and Contributions So CA Region - Effective 7/1/2019 HBFA Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution PERS Anthem HMO Select Single 625.07 625.07 0.00 0.00 Two-Party 1,250.14 1,015.00 235.14 108.53 Family 1,625.18 1,525.00 100.18 46.24 PERS Anthem HMO Traditional Single 830.89 700.00 130.89 60.41 Two-Party 1,661.78 1,015.00 646.78 298.51 Family 2,160.31 1,525.00 635.31 293.22 PERS Blue Shield Access+ Single 760.04 700.00 60.04 27.71 Two-Party 1,520.08 1,015.00 505.08 233.11 Family 1,976.10 1,525.00 451.10 208.20 PERS Health Net Salud y Mas Single 427.81 427.81 0.00 0.00 Two-Party 855.62 855.62 0.00 0.00 Family 1,112.31 1,112.31 0.00 0.00 PERS Health Net SmartCare Single 642.71 642.71 0.00 0.00 Two-Party 1,285.42 1,015.00 270.42 124.81 Family 1,671.05 1,525.00 146.05 67.41 PERS Kaiser Single 628.63 628.63 0.00 0.00 Two-Party 1,257.26 1,015.00 242.26 111.81 Family 1,634.44 1,525.00 109.44 50.51 PERS UnitedHealthcare Single 646.65 646.65 0.00 0.00 Two-Party 1,293.30 1,015.00 278.30 128.45 Family 1,681.29 1,525.00 156.29 72.13 PERS Choice Single 721.11 700.00 21.11 9.74 Two-Party 1,442.22 1,015.00 427.22 197.18 Family 1,874.89 1,525.00 349.89 161.49 PERS Select Single 462.71 462.71 0.00 0.00 Two-Party 925.42 925.42 0.00 0.00 Family 1,203.05 1,203.05 0.00 0.00 PERS Care Single 907.29 700.00 207.29 95.67 437 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 28 Two-Party 1,814.58 1,015.00 799.58 369.04 Family 2,358.95 1,525.00 833.95 384.90 PORAC Single 774.00 700.00 74.00 34.15 Two-Party 1,623.00 1,015.00 608.00 280.62 Family 2,076.00 1,525.00 551.00 254.31 Delta Dental PPO Single 56.00 42.88 13.12 6.06 Two-Party 104.60 81.82 22.78 10.51 Family 137.90 116.36 21.54 9.94 Delta Care HMO Single 30.11 23.00 7.11 3.28 Two-Party 51.19 39.11 12.08 5.58 Family 78.29 59.81 18.48 8.53 VSP Vision Single 23.33 17.58 5.75 2.65 Two-Party 23.33 17.58 5.75 2.65 Family 23.33 17.58 5.75 2.65 Medical Opt Out Benefit: $700.00 per month ($323.08 bi-weekly) Effective the beginning of the pay period including July 1, 2019, the cost of the single party premium up to a maximum of $700.00 per month ($323.08 bi-weekly). Effective the beginning of the pay period including July 1, 2020 the cost of the single party premium up to a maximum of $800.00 per month ($369.23 bi-weekly). CalPERS PEMHCA 2019 employer contribution = $136.00 per month, $62.77 bi-weekly Employee and City contributions subject to change as a result of contract negotiations Other Southern California Region: Fresno, Imperial, Inyo, Kern, Kings, Madera, Riverside, Orange, San Diego, San Luis Obispo, Santa Barbara, Tulare 2019 Health Premiums and Contributions LA Region - Effective 07/01/2019 HBFA Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution PERS Anthem HMO Select Single 627.07 627.07 0.00 0.00 Two-Party 1,254.14 1,015.00 239.14 110.37 Family 1,630.38 1,525.00 105.38 48.64 PERS Anthem HMO Traditional Single 878.48 700.00 178.48 82.38 Two-Party 1,756.96 1,015.00 741.96 342.44 Family 2,284.05 1,525.00 759.05 350.33 438 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 29 PERS Blue Shield Access+ Single 669.75 669.75 0.00 0.00 Two-Party 1,339.50 1,015.00 324.50 149.77 Family 1,741.35 1,525.00 216.35 99.85 PERS Health Net Salud y Mas Single 356.50 356.50 0.00 0.00 Two-Party 713.00 713.00 0.00 0.00 Family 926.90 926.90 0.00 0.00 PERS Health Net SmartCare Single 584.27 584.27 0.00 0.00 Two-Party 1,168.54 1,015.00 153.54 70.86 Family 1,519.10 1,519.10 0.00 0.00 PERS Kaiser Single 618.64 618.64 0.00 0.00 Two-Party 1,237.28 1,015.00 222.28 102.59 Family 1,608.46 1,525.00 83.46 38.52 PERS UnitedHealthcare Single 669.61 669.61 0.00 0.00 Two-Party 1,339.22 1,015.00 324.22 149.64 Family 1,740.99 1,525.00 215.99 99.69 PERS Choice Single 654.50 654.50 0.00 0.00 Two-Party 1,309.00 1,015.00 294.00 135.69 Family 1,701.70 1,525.00 176.70 81.55 PERS Select Single 420.77 420.77 0.00 0.00 Two-Party 841.54 841.54 0.00 0.00 Family 1,094.00 1,094.00 0.00 0.00 PERS Care Single 843.78 700.00 143.78 66.36 Two-Party 1,687.56 1,015.00 672.56 310.41 Family 2,193.83 1,525.00 668.83 308.69 PORAC Single 774.00 700.00 74.00 34.15 Two-Party 1,623.00 1,015.00 608.00 280.62 Family 2,076.00 1,525.00 551.00 254.31 Delta Dental PPO Single 56.00 42.88 13.12 6.06 Two-Party 104.60 81.82 22.78 10.51 Family 137.90 116.36 21.54 9.94 Delta Care HMO Single 30.11 23.00 7.11 3.28 Two-Party 51.19 39.11 12.08 5.58 Family 78.29 59.81 18.48 8.53 VSP Vision Single 23.33 17.58 5.75 2.65 Two-Party 23.33 17.58 5.75 2.65 Family 23.33 17.58 5.75 2.65 Medical Opt Out Benefit: $700.00 per month ($323.08 bi-weekly) Effective the beginning of the pay period including July 1, 2019, the cost of the single party premium up to a maximum of $700.00 per month ($323.08 bi-weekly). Effective the beginning of the pay period including July 1, 2020 the cost of the single party premium up to a maximum of $800.00 per month ($369.23 bi-weekly). 439 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 30 CalPERS PEMHCA 2019 employer contribution = $136.00 per month, $62.77 bi-weekly Employee and City contributions subject to change as a result of contract negotiations Los Angeles Area Region: Los Angeles, San Bernardino, Ventura In no event shall the employee be entitled to the difference between the employer contribution and the premiums for insurance plan(s) selected by the employee. C. Public Employees’ Medical and Hospital Care Act (PEMHCA) OptionPTION – The City contracts with CalPERS to provide medical benefits to bargaining unit members in accordance with the Public Employees' Medical and Hospital Care Act (PEMHCA). The City contracts for the unequal method of employee contribution in accordance with Government Code section 22893. D. Medical Opt-Out - If an employee is covered by a group health insurance outside of a City- provided program (evidence of which must be supplied to the Employee Benefits Division the Human Resources Division, as described below), the employee may elect to discontinue City health insurance coverage and receive two hundred and thirty dollars and seventy-seven cents ($230.77) bi-weekly (effective the beginning of pay period following Council approval of this MOU, the cost of the single party premium up to a maximum of $600.00 per month ($276.92 bi-weekly) a cost equivalent to the single-party maximum City contribution. D. Effective the beginning of the pay period including July 1, 2019, the cost of the single party premium up to a maximum of $700.00 per month ($323.08 bi-weekly). Effective the beginning of the pay period including July 1, 2020 the cost of the single party premium up to a maximum of $800.00 per month ($369.23 bi-weekly) to This amount may be deposited into the employee’s deferred compensation account or any other pre-tax program offered by the City. In order to be eligible for the opt-out payment the employee must be able to demonstrate to the City’s satisfaction that they have minimum essential coverage as defined by the Affordable Care Act, (through another source other than coverage in the individual market, whether or not obtained through Covered California) and will not incur penalties under the ACA. E. Section 125 Plan – Employees shall be eligible to participate in a City approved Internal Revenue Code Section 125 Flexible Spending Plan under the same terms and conditions as all other eligible City employees. This plan allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or non-reimbursable medical expenses up to maximums provided by law. Form C, … Tab a Don't Form Form Form Form C, … Inden Form Numb Aligne with Form C, … Tab a 440 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 31 F. Life and Accidental Death and Dismemberment: 1. Life – The City shall provide a $50,000 (fifty thousand dollars) Life Insurance plan for each employee. 2. Accidental Death and Dismemberment – The City shall provide a fifty thousand dollars ($50,000) Accidental Death and Dismemberment Insurance plan for each employee. G. Long Term Disability – The City shall pay to the Association on behalf of each employee covered by this MOU, on a monthly basis, an amount not to exceed thirty-eight dollars ($38.00) per member for a Long Term Disability policy. The program shall be subject to the terms and conditions contained in Exhibit E. H. Retiree Medical Coverage for Retirees Not Eligible for the City Medical Retiree Subsidy Plan Employees who retire from the City after January 1, 2004, are granted a retirement allowance by the California Public Employees’ Retirement System, and are not eligible for the City’s Retiree Subsidy Medical Plan, may choose to participate in any health insurance plans available to all active employees in this bargaining unit until the first of the month in which they turn age sixty-five (65). The retirees shall pay the full premium for any - health insurance for themselves and/or qualified dependents without any City subsidy. Employees who retire from the City, receive a retirement allowance from the California Public Employees’ Retirement System, are not eligible for the City’s Retiree Subsidy Medical Plan and choose not to participate in City medical insurance plans available to eligible retirees in this bargaining unit upon retirement, will permanently lose eligibility for this insurance. However, if a retiree who is not eligible for the City’s Retiree Subsidy Medical Plan chooses not to participate in available medical insurance plans because the retiree has access to other group medical insurance, and subsequently loses eligibility for that group medical insurance, the retiree and their qualified dependents will have access to medical insurance plans available to retirees eligible for reinstatement. Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree or qualified dependent turns age sixty-five (65). I. Post-65 Supplemental Medicare Coverage - Retirees who are participating in the Retiree Subsidy Medical Plan as of January 1, 2004 and all future retirees who meet the criteria to participate in available medical insurance, with or without the Retiree Medical Subsidy Plan, may participate in available medical insurance plans that are supplemental to Medicare. A retiree or qualified dependent must choose to participate in available medical insurance plans that are supplemental to Medicare beginning the first of the month in which the retiree or qualified dependent turns age sixty-five (65). The retiree shall pay the full premium to participate in available medical insurance plans that are supplemental to Medicare for themselves or qualified dependents without any City subsidy. Form C, … Tab a Form C, … Tab a Form C, … Tab a Form C, … Tab a 441 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 32 Retirees or qualified dependents, upon turning age 65, who choose not to participate in available medical insurance plans that are supplemental to Medicare permanently lose eligibility for this insurance. J. Retiree Medical Trust (RMT) The City authorizes the HBFA to participate in a retiree medical plan administered by the PORAC Retiree Medical Trust, with the following conditions: 1. The City and HBFA agree that the City shall not provide any contribution to the program. 2. Effective 10/01/2020, City shall withhold $100.00 per month for each represented employee. Thereafter, said withholding shall be in an amount as designated in writing by HBFA. Deductions shall be made on the first two pay periods of each month. 3. 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 HBFA. Deductions shall be taken on the first two checks of each month. 4. HBFA shall pay all associated expenses incurred to participate in this program. 5. Upon request, the HBFA 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 HBFA 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 HBFA. 6. City shall pay the withheld funds to the PORAC Retiree Medical Trust bi-weekly. 7. All Federal and State laws regarding employee medical welfare benefit trust funds coverage shall be followed. 8. HBFA 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 qualified employee welfare benefit trust fund program. 9. Upon retirement of an employee, the City shall transfer to the Trust, an amount equal to the employee’s payout outlined in the City of Huntington Beach Separation Agreement and Form Form C, … Tab a 442 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 33 General Release. The City shall contribute the monies on a pre-tax basis. The monies contributed to the Trust fund shall only be used for retiree health insurance premiums or heath care services expenses. There shall be no employee election to take such amount in cash. 10. The City hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust Office in regard to reporting and depositing the required contributions set forth above. The City will cooperate with the Trust in allowing a payroll audit for the purpose of ascertaining if the proper amount of contributions have been made. J.K. Miscellaneous: 1. Nothing in this Article shall be deemed to restrict the City’s right to change insurance carriers should circumstances warrant. 2. Nothing in this Article shall be deemed to obligate the City to improve the benefits outlined in this Article. 3. Whenever an eligible employee is absent because of illness or injury, the City shall continue to provide to the employee and his/hertheir dependents, all of the insurance benefits set forth in this Article for the duration of any such approved absence not to exceed twenty- four (24) months. ARTICLE IX – RETIREMENT A. Benefits: 1. Public Employees’ Retirement System: a. The City shall provide all safety employees described as “classic members” by the Public Employees’ Pension Reform Act of 2013 (– “PEPRA)” with that certain retirement program commonly known and described as the “3%” at age 50 plan,” which is based on the retirement formula as set forth in the California Public Employees’ Retirement System (PERS), Sections 21362.2 of the California Government Code, including the one-half continuance option (Government Code Sections 21624 and 21626) for safety employees and the Fourth Level of the 1959 survivor option for all employees as established by the California Public Employees’ Retirement System, Section 21571 of the California Government Code. b. All “classic members” shall pay their CalPERS member contribution of nine percent (9%) of pensionable income. Effective the beginning of the pay period following City Council approval of this MOUincluding July 1, 2021, all classic members shall pay three four percent (43%) additional compensation earnable as employer cost sharing in accordance with Government Code section 20516(f) – for an employee pension contribution of twelve Form C, … Tab a 443 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 34 thirteen percent (132%). The parties agree that this cost sharing agreement per Government Code section 20516(f) shall continue after the expiration of this MOU unless/until otherwise negotiated to either an agreement (in a successor MOU) or the expiration of the impasse process by the parties. a.c. The City contracts with PERS to have retirement benefits calculated based upon the employee’s highest one year’s compensation, pursuant to the provisions of Section 20042 (highest single year). This benefit is available to “classic members” of CalPERS. b.d. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU. c.e. The City provides the Pre-Retirement Optional Settlement 2 Death Benefit as set forth in California Government Code Section 21548 for all safety employees represented by the Association. d.f. For “New Members” within the meaning of the California Public Employees’ Pension Reform Act of 2013 (PEPRA). 1) New Members shall be governed by the two and seven tenths percent at age 57 (2.7% @ 57) retirement formula set forth in Government Code section 7522.25(d) for all safety employees defined as “new members” per PEPRA represented by the Association. 2) Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member as required by Government Code section 7522.32(a). 3) New members shall contribute one half of the normal cost rate, as established by CalPERS. 4) Effective the beginning of the pay period following City Council approval of this MOUincluding July 1, 2021, all “new members” safety members shall, pay at least twelve thirteen percent (132%) of pensionable compensation as their retirement contribution. If the required contribution per PEPRA (half the normal cost) is less than twelve thirteen percent (132%), employees shall pay the difference between the required PEPRA contribution and twelve thirteen percent (132%) as cost sharing per Government Code section 20516(f). If the required PEPRA contribution is at least twelve thirteen percent (132%) or more, “new members” safety members will pay the required PEPRA contribution. c.g. The City has adopted the CalPERS Resolution in accordance with IRS Code section 414(h)(2) to ensure that both the employee contribution and the City pickup of the 444 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 35 required member contribution are made on a pre-tax basis. However, ultimately, the tax status of any benefit is determined by the law. d.h. Reporting of Base Salary – Provisions of the Level Pay plan, Article VII.C, shall be used for purposes of reporting the bi-weekly pay of twenty-four (24) hour shift employees to the Public Employees’ Retirement System (PERS). 2. Self-Funded Supplemental Retirement Benefit: a. In the event a member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employees’ Retirement Law, the City shall pay the difference between such elected option and the unmodified allowance which the member would have received for his/hertheir life alone as provided in California Government Code sections 21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the member, shall be payable by the City during the life of the member, and upon that member’s death, the City’s obligation shall cease. The method of funding this benefit shall be the sole discretion of the City. This benefit is vested for employees covered by this MOU. b. Employees hired on or after October 4, 1999, shall not be eligible for the “Supplemental Retirement Benefit” referenced in Article IX.A.2a above. 3. Medical Insurance for Retirees: a. Upon retirement, whether service or disability, each employee shall have the following options in regards to medical insurance under available plans: 1) With no change in benefits, retirees can stay in any of the plans offered by the City, to active members in this bargaining unit, at the retiree’s own expense, for the maximum time period required by Federal Law (COBRA), or 2) Early retirees (under age 65) may participate in the available health plans currently being offered to active employees. 3) Retirees over age 65 may participate in the Post-65 Supplemental Medicare Coverage described in Article VIII.I. b. Retired employees exercising either of the options in Article IX.A.3.a may cause any premiums not paid by the City to be paid out of funds due and owed to them for unused sick leave benefits upon retirement, as provided in Article IX.A.3.a. However, whenever a retired employee does not have any such available funds, he/shethey shall have the opportunity to provide the City with sufficient funds to pay the premiums. At retirement, the sick leave hours remaining may, at the employee’s option, be converted to a dollar figure, as provided in Article IX.A.3.a, and an estimate shall be provided by the City to the retired employee as to the approximate number of months the group insurance can be paid by such sick leave dollars. The City shall notify any retired employee whose funds available for unused sick leave benefits are about to be exhausted of such fact, in writing by certified mail, return receipt requested, at the retired employee’s most recent address of record with the City no later than three (3) months prior to the date upon which there will not be sufficient funds to pay 445 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 36 premiums. It shall be the individual retiree’s responsibility either to insure that there are sufficient sick leave dollars available to pay premiums or to make premium payments at least one (1) month in advance, to continue the group insurance in effect. If following exhaustion of sick leave funds a retired employee fails to provide the City with sufficient additional funds to pay premiums, the City shall have the right to notify said retired employee in the manner prescribed above that it intends to cause his/hertheir coverage to be terminated for non-payment of premiums, and the further right to terminate such coverage, if such default has not been cured within thirty (30) days following receipt of such notice. Any retired employee electing to obtain such medical coverage after retirement shall have no further option to terminate such coverage following the provision of thirty (30) days written notice to the City, whereupon any funds due and owed to him/her for unused sick leave benefits that have not been exhausted to pay these health insurance premiums shall be paid in a lump sum to the retired employee within thirty (30) days following receipt by the City of such notice. Once a retired employee elects to terminate such coverage, he/shethey shall be precluded from securing it at a later date at the group rate. B. Reinstatement Privileges for Disability Retirees – If a retiree seeks to cause PERS to revoke his/hertheir disability retirement (within three years of the effective date of the disability retirement) on the grounds that he/shethey is are no longer incapacitated from performing the duties of the position held at the time of retirement, the City will not certify that he/she isthey are no longer incapacitated from performing those duties until the employee passes the Departmental physical agility test. If PERS revokes his/hertheir disability retirement, the City shall immediately reinstate the employee at his/hertheir former position and pay step. ARTICLE X – LEAVE BENEFITS A. Leave with Pay: 1. Vacation – The purpose of annual vacation is to provide a rest period, which will enable each employee to return to work physically and mentally refreshed. All employees shall be entitled to annual vacation, with pay, in accordance with this Article. a. Accrual – Employees shall accrue annual vacations at their appropriate assigned work schedule rate, either forty- hour (40) or fifty-six hour (56) workweek. Paychecks will identify the accrued vacation (Accrued) and accrual rate (Constant) based on their actual work schedule, either a forty (40) hour or fifty-six (56) hour schedule. In the event of a change in work schedules, personnel will have their accrued vacation (Accrued) and accrual rate (Constant) changed to the new schedule using the conversion factor .7143 (40 ÷ 56). Personnel who change from a fifty-six (56) hour schedule to a forty (40) hour schedule shall multiply the existing hours by .7143, (see Exhibit G). Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their existing hours by .7143. Personnel shall accrue annual vacations at the following rates 1: 1 For a detailed explanation regarding conversion refer to Exhibit F 446 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 37 For the first four (4) years of continuous service vacation time shall be accrued at the rate of one hundred and twelve (112) hours per year for forty (40) hour per week employees, and one hundred and fifty-seven (157) hours per year for fifty-six (56) hour per week employees. After four (4) years of continuous service to the completion of nine (9) years of continuous service, vacation time shall be accrued at the rate of one hundred thirty- six (136) hours per year for forty (40) hour per week employees, and one hundred and ninety (190) hours per year for fifty-six (56) hour per week employees. After nine (9) years of continuous service to the completion of fourteen (14) years of continuous service, vacation time shall be accrued at the rate of one hundred sixty (160) hours per year for forty (40) hour per week employees, and two hundred and twenty-four (224) hours per year for fifty-six (56) hour per week employees. After fourteen (14) years of continuous service vacation, time shall be accrued at the rate of one hundred ninety-two (192) hours per year for forty- hour (40) per week employees, and two hundred sixty-nine (269) hours per year for fifty-six hour (56) per week employees. Vacation allowance shall not be accumulated in excess of three hundred forty-two (342) hours for forty (40) hour per week employees, and four hundred and eighty (480) hours per year for fifty-six (56) hour per week employees. b. Eligibility and Permission – No vacation may be taken until the completion of six (6) months of employment. No employee shall be permitted to take vacation in excess of actual time earned and no employee shall take vacation that is being accrued while the employee is on vacation. Vacations shall be taken only with permission of the Fire Chief or his/hertheir sworn designee, who shall schedule all vacations with due consideration for the request of the employee and particular regard for the need of the Department. The Fire Department operates on a three-shift basis, with personnel being assigned to the “A, B or C” Shift for work scheduling purposes. On each such shift, there shall be four (4) available vacation absences (referred to as “vacation slots”). That is, at any one time, there may be four (4) persons absent from duty on each such shift due to vacation. These slots shall be made available by rank, one (1) to Firefighters, one (1) to Fire Engineers, one (1) to Firefighter Paramedics; and one (1) to Captains. Thereafter, each additional employee shall be entitled to receive time off for requested vacation leave, so long as a qualified replacement is available to serve in his/hertheir absence. c. Conversion to Cash – Until December 31, 2018, on two (2) occasions during each fiscal year each employee shall have the option to convert into a cash payment up to a total of eighty (80) hours, at the forty (40) hour rate, or one hundred twelve (112) hours at the fifty-six (56) hour rate, of earned vacation benefits during any one (1) fiscal year. The employee shall give two (2) weeks advanced notice of his/her desire to exercise such option. 447 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 38 Effective for calendar year 2019 and every year thereafter the previous paragraph is eliminated and the following shall apply: By December 15 (the first year being 2018) of each year, an employee may make an irrevocable election to cash out up eighty (80) hours (for employees assigned to the 40 hour workweek) at the 40 hour rate, or one hundred and twelve (112) hours (for employees assigned to the 24 hour suppression shift) at the 56 hour rate, which will be earned in the following calendar year. In the following year, the employee can receive the cash for the vacation he/shethey irrevocably elected to cash out in either two (2) equal increments of half of what he/shethey elected to cash out or one (1) increment of up the maximum they elected to cash out. The employee would be paid one half of what he/shethey irrevocably elect to cash out on both the second pay day in July and the first pay day on in December or the employee can elect to be paid the full amount he/shethey elected to cash out on the first pay day in December. However, if the employee’s vacation balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of vacation the employee has accrued at the time of the cash out. If an employee makes an irrevocable election to cash out vacation in the following calendar year and uses vacation in that subsequent year, the vacation used will come from vacation the employee had earned prior to January 1 of the year the employee has elected to cash out vacation. This is to ensure that assuming an employee had a vacation balance prior to January 1, the vacation used will not result in a reduction in the amount of vacation the employee will be eligible to cash out. In addition to the above, starting in calendar year 2019, an employee who has an “unforeseen emergency” (defined as an unanticipated emergency that is caused by an event beyond the control of the employee and that would result in severe financial hardship to the employee if early withdrawal were not permitted) shall be entitled to make a request to the Administrative Services Director of Human Resources for a payoff of accrued vacation. The amount of vacation which may be paid off is limited to the amount necessary to meet the emergency. The maximum payoff the employee can receive for an emergency is limited to eighty (80) for forty hour employees and 112 hours for 56 hour employees. In addition to the employee’s election to cash out vacation, any vacation accumulated in excess of three hundred-forty-two (342) hours at the forty (40) hour rate shall be paid in cash at the straight time forty (40) hour rate, or four hundred and eighty (480) hours at the fifty-six (56) hour rate shall be paid in cash at the straight time fifty-six (56) hour rate regular rate of pay on the first payday following such accumulation. d. Pay-Off at Termination – Except as provided in Section A.1.c. of this Article, no employee shall be paid for unused vacation other than upon termination of employment. Any vacation pay off at termination shall be at the regular rate of pay and the accrual rate the employee is earning at the time of separation. 448 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 39 2. Sick Leave: a. Accrual – The conversion factor for sick leave accrual shall be in accordance with Rule 18-9 of the City’s Personnel Rules. Employees covered by this MOU shall accrue sick leave at the rate of 3.6923 hours per pay period for 40-hour week employees, and 5.1691 for fifty-six hour (56) week employees. Paychecks will identify the accrued sick leave (Accrued) and accrual rate (Constant) based on their actual work schedule, either a forty (40) hour or fifty-six (56) hour schedule. In the event of a change in work schedules, personnel will have their accrued sick leave (Accrued) and accrual rate (Constant) changed to the new schedule using the conversion factor .7143. Personnel who change from a fifty-six hour (56) schedule to a forty (40) hour schedule shall multiply their accrual rate by .7143, (see Exhibit F). Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their accrual rate by .7143. b. Pay-Off at Termination – Upon termination for reasons other than for industrial disability retirement, an employee shall have his/hertheir accrued sick leave paid at the regular rate of pay and the accrual rate the employee is earning at the time of separation. Sick Leave shall be paid (or have paid on his/hertheir behalf as provided in Article IX.A.3.b) at twenty-five percent (25%) of unused, earned sick leave from four hundred-eighty (480) through seven hundred-twenty (720) hours, and at fifty percent (50%) of all unused, earned sick leave for hours in excess of seven hundred- twenty (720) hours. Upon termination for industrial disability retirement, an employee shall have his/hertheir accrued sick leave paid (or have paid on him/her behalf as provided in Article IX.A.3.b) at the regular rate of pay and the accrual rate at the time of separation at twenty-five percent (25%) of unused, earned sick leave from zero (0) through four hundred-eighty (480) hours, and at fifty percent (50%) of all unused, earned sick leave in excess of four hundred-eighty (480) hours. c. Utilization in Conjunction with Industrial Disability Leave – Sick leave cannot be used to extend absences due to work-related (industrial) injuries or illnesses. 3. Leave Benefit Entitlements: – - As required by law, employees will be allowed to use up to one-half of their annual Sick Leave accrual for family sick leave, pursuant to the provisions of California Labor Code Section 233. The City shall comply with all state and federal leave benefit entitlement laws and regulations. An eligible employee on an approved leave may be allowed to use earned Sick Leave, Vacation and/or Compensatory Time Off. 449 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 40 4. Bereavement - Employees shall be entitled to bereavement leave not to exceed two (2) work shifts for those employees on the twenty-four (24) hour work schedule, or three (3) work shifts for all other employees in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, children, registered domestic partner; grandfather, grandmother, step-father, step-mother, step- grandfather, step-grandmother, grandchildren, stepsisters, step-brothers, mother-in-law, father-in-law, in-laws of registered domestic partner, brother-in-law, sister-in-law, son- in-law, daughter in-law, step-children, or wards of which the employee is the legal guardian. 5. Association Business – During the term of this MOU, authorized representatives of the Association shall be entitled to receive up to a total of four hundred (400) collective hours without any loss of compensation per contract year to be utilized for lawful Association activities. In addition, up to one hundred-fifty (150) unused hours may be carried forward to the next contract year. ARTICLE XI – CITY RULES A. Personnel Rules - All MOU provisions that supersede the City’s Personnel Rules shall automatically be incorporated in the City’s Personnel Rules. B. Precedence of Agreement - In any case in which any provision of this MOU is inconsistent with any City ordinance, rule, regulation, resolution, including provisions of any Fire Department Manual, the provisions of this MOU shall supersede and take precedence. C. Discipline - The procedure and practice regarding discipline is set forth in Exhibit H. D. Layoff Rules - The procedure and practice regarding layoffs as contained in the City’s Personnel Rules in effect on July 1, 1980, shall remain in full force and effect during the entire term of this MOU. ARTICLE XII - MISCELLANEOUS A. Fire Department Promotional Exams – Policy D-10 – Promotional and open competitive examinations shall be held in accordance with the most current Policy D-10 of the Huntington Beach Fire Department Organization Manual executed by the parties. Policy D-10 may be modified by the parties at any time during the term of this MOU. Either party may request to meet and confer during the MOU on Policy D-10. B. Living Quarters – The City shall provide necessary kitchen, living, and sleeping quarters in all fire stations and shall continue to provide facilities for Association meetings. C. Paychecks: 1. Bi-Weekly Pay – Salary shall be paid on a bi-weekly basis. By mutual consent of the City and the Association, early payment and other modifications may be made. 450 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 41 2. Paycheck Stub - An on-line pay stub shall contain an itemization of amounts paid under various categories of pay, including educational incentive pay, holiday pay, and all overtime, and shall also include an itemization of the nature and the purpose of each deduction withheld from the employee’s gross earnings. 3. Direct Deposit – Employees hired on or after January 1, 2007 shall receive their bi-weekly compensation through the City’s direct deposit system. Employees currently participating in the City’s direct deposit program must remain in that program. 4. Vacation Payroll Advance – Each employee shall, at his/hertheir option, by written notice to the City’s Human ResourcesAdministrative Services Director, be given at least two (2) weeks prior to the commencement of said employee’s scheduled vacation, be entitled to receive his/hertheir earned vacation pay, less deductions in advance of said vacation. Said right to receive advance payment of earned vacation pay shall be limited to one such advancement during each calendar year. D. California Driver License for Firefighting Equipment – Employees required by the City to obtain a valid Class A, Class B or Class C California driver license with firefighter endorsement or Class B restrictive California driver license will be reimbursed for fees paid to the California Department of Motor Vehicles to obtain the Driver License with Firefighter Endorsement. All employees in the classification of Fire Engineer shall be required to possess a valid Class A, Class B or Class C California driver license with firefighter endorsement or Class B restrictive California driver license. All other bargaining unit employees shall be required to obtain the following: All employees hired after February 19, 2008, must acquire a valid Class A, Class B or Class C California driver license with firefighter endorsement or Class B restrictive California driver license prior to completing their probationary period. All employees assigned to the USAR team who possess a valid Class A, Class B or Class C California driver license with firefighter endorsement or Class B restrictive California driver license as of the program’s implementation date shall be required to maintain their license. All current employees assigned to the USAR team prior to the program’s implementation date are not required to have a Firefighter Endorsed Driver License. All current employees assigned to the USAR team after the program’s implementation shall obtain and maintain a valid Class A, Class B or Class C California driver license with firefighter endorsement within one (1) year of their assignment. All employees assigned to the Hazardous Materials team who possess a valid Class A, Class B or Class C California driver license with firefighter endorsement or Class B restrictive California driver license shall maintain their license. All employees assigned to the Hazardous Materials team prior to February 19, 2008, are not required to obtain a Firefighter Endorsed Driver License. All current employees assigned to the Hazardous Materials team after February 19, 2008 shall obtain and maintain a valid Class A, Class B or Class C California driver license with firefighter endorsement or Class B restrictive California driver license within one (1) year of their assignment. 451 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 42 E. Deferred Compensation Loan Program – Employees may utilize the Deferred Compensation Loan Program, under which employees may borrow up to fifty percent (50%) of their deferred compensation funds for critical needs such as medical costs, college tuition, or purchase of a home. The value of any unused earned leave benefits may be transferred to deferred compensation in connection with separation, but the employee must request the transfer no later than the pay period prior to the employee’s last day of employment. ARTICLE XIII – MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the City retains all rights, powers, and authority with respect to the management and direction of the performance of fire services and the work forces performing such services. Such rights include, but are not limited to, determination of the merits, necessity, level or organization of fire services, the necessity for overtime, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, including work and safety rules and regulations, in order to maintain the efficiency and economy desirable for the performance of City services. ARTICLE XIV – TERM OF MOU This MOU shall be in effect commencing on July 1, 2018 2021, through June 30, 2021December 31, 2023. This MOU constitutes the entire agreement of the parties as to the changes in wages, hours, and other terms and conditions of employment of employees covered hereunder for the term hereof. ARTICLE XV - CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or effect whatsoever unless and until ratified by the membership of HBFA and adopted by Resolution of the City Council of the City of Huntington Beach. ARTICLE XVI – SUCCESSOR NEGOTIATIONS The parties agree to commence labor negotiations for a successor MOU no later than April September 1, 20212023. At that meeting, the parties shall discuss ground rules and meeting dates. 452 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 43 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this ______ day of _____________, 20182021. CITY OF HUNTINGTON BEACH A Municipal Corporation HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION. By: By: Fred A. WilsonOliver Chi City Manager Chad StewartGlenn Pavlosky HBFA President By: By: Lori Ann Farrell HarrisonTravis Hopkins Assistant City Manager Stuart D. Adams Esq. Chief Negotiator By: Michele Warren Brittany Mello ActingInterim Director of Human ResourcesAdministrative Services By: David Segura Scott Haberle Fire Chief By: Peter J. Brown Chief Negotiator APPROVED AS TO FORM By: Michael E. Gates City Attorney 453 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT A – EMPLOYEE RELATIONS RESOLUTION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 44 7.3 Human Resources Officer Motion of Unit Modification – The Human Resources Officer may propose, during the same period for filing a Petition for Decertification, that an established unit be modified in accordance with the following procedure: a. The Human Resources Officer shall give written notice of the proposed unit modification to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human Resources Officer’s rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for Appropriateness of Units. Additionally, the Human Resources Officer shall provide all affected employee organizations with all correspondence, memoranda, and other documents, which relate to any input regarding the unit modification which may have been received by the City or from affected employees and/or sent by the City to affected employees; b. Following receipt of the Human Resources Officer’s proposal for unit modification, any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the motion for unit modification to the Personnel Commission; c. The Personnel Commission shall conduct a noticed Public Hearing regarding the motion for unit modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed unit modification which determination may include a granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of bargaining units. Following the Personnel Commission’s determination of the composition of the appropriate unit or units, it shall give written notice of such determination to all affected employee organizations; d. Any party who chooses to appeal from the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. 454 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT B – SALARY SCHEDULE HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 45 2.0% Effective September 24, 2016 40-Hour Rate (Hourly) Job Code Classification Pay Grade A B C D E 229 Firefighter FA0229 34.97 36.88 38.90 41.04 43.30 160 Fire Engineer FA0160 40.80 43.04 45.41 47.91 50.54 226 Firefighter Paramedic FA0226 40.80 43.04 45.41 47.91 50.54 101 Fire Captain FA0101 46.91 49.49 52.21 55.08 58.11 100 Administrative Fire Captain FA0100 52.35 55.22 58.26 61.47 64.84 40-Hour Rate (Bi-Weekly) Job Code Classification Pay Grade A B C D E 229 Firefighter FA0229 2,797.60 2,950.40 3,112.00 3,283.20 3,464.00 160 Fire Engineer FA0160 3,264.00 3,443.20 3,632.80 3,832.80 4,043.20 226 Firefighter Paramedic FA0226 3,264.00 3,443.20 3,632.80 3,832.80 4,043.20 101 Fire Captain FA0101 3,752.80 3,959.20 4,176.80 4,406.40 4,648.80 100 Administrative Fire Captain FA0100 4,188.00 4,417.60 4,660.80 4,917.60 5,187.20 40-Hour Rate (Monthly) Job Code Classification Pay Grade A B C D E 229 Firefighter FA0229 6,061.47 6,392.53 6,742.67 7,113.60 7,505.33 160 Fire Engineer FA0160 7,072.00 7,460.27 7,871.07 8,304.40 8,760.27 226 Firefighter Paramedic FA0226 7,072.00 7,460.27 7,871.07 8,304.40 8,760.27 101 Fire Captain FA0101 8,131.07 8,578.27 9,049.73 9,547.20 10,072.40 100 Administrative Fire Captain FA0100 9,074.00 9,571.47 10,098.40 10,654.80 11,238.93 Form stops 455 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT B – SALARY SCHEDULE HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 46 2.0% Effective September 24, 2016 Effective the Beginning of the Pay Period Including July 1, 2021 56-Hour Rate (Hourly) Job Code Classification Pay Grade A B C D E 229 Firefighter FA0229 24.97 26.34 27.80 29.31 30.93 160 Fire Engineer FA0160 29.14 30.74 32.44 34.22 36.11 226 Firefighter Paramedic FA0226 29.14 30.74 32.44 34.22 36.11 101 Fire Captain FA0101 33.50 35.35 37.29 39.34 41.51 100 Administrative Fire Captain FA0100 37.39 39.44 41.62 43.91 46.32 56-Hour Rate (Bi-Weekly) Job Code Classification Pay Grade A B C D E 229 Firefighter FA0229 2,796.64 2,950.08 3,113.60 3,282.72 3,464.16 160 Fire Engineer FA0160 3,263.68 3,442.88 3,633.28 3,832.64 4,044.32 226 Firefighter Paramedic FA0226 3,263.68 3,442.88 3,633.28 3,832.64 4,044.32 101 Fire Captain FA0101 3,752.00 3,959.20 4,176.48 4,406.08 4,649.12 100 Administrative Fire Captain FA0100 4,187.68 4,417.28 4,661.44 4,917.92 5,187.84 56-Hour Rate (Monthly) Job Code Classification Pay Grade A B C D E 229 Firefighter FA0229 6,059.39 6,391.84 6,746.13 7,112.56 7,505.68 160 Fire Engineer FA0160 7,071.31 7,459.57 7,872.11 8,304.05 8,762.69 226 Firefighter Paramedic FA0226 7,071.31 7,459.57 7,872.11 8,304.05 8,762.69 101 Fire Captain FA0101 8,129.33 8,578.27 9,049.04 9,546.51 10,073.09 100 Administrative Fire Captain FA0100 9,073.31 9,570.77 10,099.79 10,655.49 11,240.32 Effective the Beginning of the Pay Period Including July 1, 2021 40-Hour Rate (Hourly) Job No Job Description Range A B C D E F G 229 Firefighter 183 34.26 35.97 37.77 39.66 41.64 43.72 45.91 160 Fire Engineer 198 39.77 41.76 43.85 46.04 48.34 50.76 53.30 226 Firefighter Paramedic 198 39.77 41.76 43.85 46.04 48.34 50.76 53.30 101 Fire Captain 212 45.72 48.00 50.40 52.92 55.57 58.35 61.27 Form Form Form Form Form Form Form Form 456 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT B – SALARY SCHEDULE HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 47 100 Administrative Fire Captain 223 51.01 53.56 56.23 59.05 62.00 65.10 68.35 56- Hour Rate (Hourly) Job No Job Description Range A B C D E F G 229 Firefighter 183 24.47 25.69 26.98 28.33 29.74 31.23 32.79 160 Fire Engineer 198 28.41 29.83 31.32 32.89 34.53 36.26 38.07 226 Firefighter Paramedic 198 28.41 29.83 31.32 32.89 34.53 36.26 38.07 101 Fire Captain 212 32.66 34.29 36.00 37.80 39.69 41.68 43.76 100 Administrative Fire Captain 223 36.43 38.25 40.17 42.18 44.28 46.50 48.82 Monthly Rate Job No Job Description Range A B C D E F G 229 Firefighter 183 5,938.10 6,235.00 6,546.75 6,874.09 7,217.80 7,578.69 7,957.62 160 Fire Engineer 198 6,893.95 7,238.64 7,600.58 7,980.61 8,379.64 8,798.62 9,238.55 226 Firefighter Paramedic 198 6,893.95 7,238.64 7,600.58 7,980.61 8,379.64 8,798.62 9,238.55 101 Fire Captain 212 7,924.42 8,320.64 8,736.67 9,173.50 9,632.18 10,113.78 10,619.47 100 Administrative Fire Captain 223 8,841.02 9,283.07 9,747.22 10,234.58 10,746.31 11,283.63 11,847.81 Form Form Form Form Form Form Form Form Form Form Form Form Form Form Form 457 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT C – RETIREE SUBSIDY MEDICAL PLAN HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 48 An employee who has retired from the City shall be entitled to participate in the available medical insurance plans and the City shall contribute toward monthly premiums for coverage in an amount as specified in accordance with this plan, provided: A. At the time of retirement the employee has a minimum of ten (10) continuous years of regular (permanent) City service immediately prior to retirement or is granted an industrial disability retirement. Said service must be continuous unless prior service is reinstated at the time of his/hertheir rehire in accordance with the City’s Personnel Rules; and B. At the time of retirement, the employee is employed by the City; and C. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees’ Retirement System. The City’s obligation to pay the monthly premium, as indicated, shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: 1. On the first of the month in which a retiree or dependent reaches age 65 or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made), the City’s obligation to pay monthly premiums may be adjusted downward or eliminated. Benefit coverage at age 65 under the City’s sponsored medical insurance plans shall be governed by applicable plan document. 2. In the event of the death of any employee, whether retired or not, the amount of the retiree medical insurance subsidy benefit which the deceased employee was receiving at the time of his/hertheir death or would be eligible to receive if he/shethey were retired at the time of death, shall be paid on behalf of the spouse or dependent(s) for a period not to exceed twelve (12) months. D. Industrial Disability Retirees - Industrial disability retirees with less than ten (10) continuous years of regular (permanent) service shall receive a maximum monthly payment toward the premium for health insurance of $121. Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. Payment shall not exceed dollar amount, which is equal to the full cost of premium for employee only. E. Maximum Monthly Subsidy Payments - The payment amounts may be reduced each month as dependent eligibility ceases due to death, divorce or loss of dependent child status. However, the amount shall not be reduced if such reduction would cause insufficient funds needed to pay the full premium for the employee and the remaining dependents. In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. All retirees, including those retired as a result of industrial disability whose number of years of continuous regular (permanent) service immediately prior to retirement exceeds ten (10) years, shall be entitled to maximum monthly payment of premiums by the City for each year of completed City service as follows: 458 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT C – RETIREE SUBSIDY MEDICAL PLAN HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 49 Maximum Monthly Payment for Retirees After: Years of Service 10 $ 121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 G.F. Eligibility: 1. The effective start-up date of the Retiree Subsidy Medical Plan for the eligible retirees shall be the first of the month following retirement date. 2. A retiree may change plans, add dependents, etc., during annual open enrollment. The City shall notify covered retirees of this opportunity each year. 3. Years of service computed for the Retiree Subsidy Medical Plan are actual years of completed continuous regular (permanent) service with the City of Huntington Beach immediately prior to retirement. 4. When a retiree is eligible for medical plan coverage at the expense of another employer due to post-retirement employment of the retiree or spouse of the retiree, the retiree and his/hertheir spouse must take that coverage regardless of benefit level and shall be deleted from any City sponsored health insurance Plan. Exceptions to this requirement are limited to the following: a. A retiree is not required to enroll in such “other” medical insurance plan coverage if there is significant disparity between the benefits provided by the “other” medical insurance plan and the City sponsored health insurance plan as defined below. “Significant disparity” means coverage available under the “other” medical plan is restrictive or limited in one or more of the following ways: 1) No in-patient hospitalization coverage. 459 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT C – RETIREE SUBSIDY MEDICAL PLAN HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 50 2) No major medical benefits. 3) Annual deductible is greater than or equal to $1,000 per person. 4) Major medical benefits are paid at 60% or less of covered expenses in network. b. The City Manager or designee will have the authority to provide additional exceptions following review of the “other” medical insurance plan policy. Exceptions will be made only if the “other” medical plan benefit provisions are comparable to the guidelines under (F.4.a.) above. c. Miscellaneous Provisions: 1) Benefits provided under the available medical insurance plan will be coordinated with the “other” medical insurance plan as the primary carrier. 2) The City shall have the right to require any retiree to provide a copy of the “other” medical insurance plan policy for review by the City Manager or designee. 5. When a retiree under age 65 becomes eligible for the other group coverage and then becomes no longer eligible, he/she they may have the Retiree Subsidy Medical Plan reinstated for the purchase of available health insurance. 6. Dependents of a retiree under age 65 may follow him/her into the Retiree Subsidy Medical Plan or they may choose to exercise COBRA rights along with the retiree. 7. When a retiree becomes 65 and has eligible dependents under 65, said dependents are eligible to exercise COBRA rights. 8. When a retiree is under 65 and his/hertheir spouse is over 65, the spouse is not covered. H.G. Premium payments are to be received at least one month in advance of the coverage period. Retiree Subsidy Medical Plan and COBRA participants shall be notified of non-payment of premium by means of a certified letter from the City in accordance with provisions of the Memorandums of Understanding. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the plan and shall not have reinstatement rights. I.H. Subsidies: 1. The subsidy payments will pay for: a. Available health insurance plans for eligible retirees. 460 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT C – RETIREE SUBSIDY MEDICAL PLAN HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 51 b. Part A of Medicare for those retirees not eligible for paid Part A. 2. Subsidy payments will not pay for: a. Part B Medicare. b. Any other City sponsored benefit plan. c. Any other commercially available benefit plan. d. Medicare supplements J.I. Medicare: 1. All persons are eligible for Medicare coverage at age 65. Those with sufficient credit quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age 65, but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, Part B of Medicare is paid for by the participant. 2. When a retiree and his/hertheir spouse are both 65 or over and neither is eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. 3. When a retiree at age 65 is eligible for paid Part A of Medicare and his/hertheir spouse is not eligible for paid Part A, the spouse shall not receive subsidy. When a retiree at age 65 is not eligible for paid Part A of Medicare and his/hertheir 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. K.J. Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated on the first day of the month in which the retiree reaches age 65 whether or not the retiree applies for Medicare coverage. If such retiree was covering dependents under the Plan, dependents will be eligible for COBRA continuation benefits effective as of first day of the month in which the retiree reaches age 65. b. When one of the following occurs, dependent coverage will be eliminated: 1) After 36 months of COBRA continuation coverage, or 2) When the covered dependent reaches age 65 in the event such dependent reaches age 65 prior to the retiree reaching age 65. 2. Premium payments are to be received at least one month in advance of the coverage period. 461 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT C – RETIREE SUBSIDY MEDICAL PLAN HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 52 3. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the plan and shall not have reinstatement rights. 462 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT D – TILLER CERTIFICATION HBFA MOU July 1, 2018 – June 30, 2021 53 Following is the method of application regarding Tiller Certification, Article V, Section E-4 of the Huntington Beach Firefighter's Association MOU: Article V, Section E-4-Tiller Certification . Tiller Certification -- The Huntington Beach Training Manual identifies the method and requirements for Tiller Certification. . Class A, B, or C California Driver License with a Firefighter Endorsement or Class B Firefighter Restrictive License.--.State Department Of Motor Vehicles established. . Light Air Unit -- The intent is for a Firefighter to be able to drive, set up, and safely operate the Light Air unit. Proper operation for the Light Air Unit is defined in policy. Note! All Fire Department personnel have been trained in the past in the operation of the Light Air Unit. All Firefighters who were previously trained have been grandfathered into meeting the requirements. This process will provide the following options for compensation: If the Firefighter was Tiller Certified and had a Class B Firefighter Restrictive License as of September 5, 1998, they will receive the identified compensation effective that date. • If, after September 5, 1998, a Firefighter obtains Tiller Certification and the Class A, B or C California Driver’s License with a Firefighter Endorsement or a Class B Firefighter Restrictive Drivers License, they will be eligible for compensation following application. Firefighters will be required to become certified in light air operation. • For Firefighters to request compensation for the Light Air Unit they must complete the appropriate training per policy, including obtaining Tiller Certification, Class A, B or C California Driver’s License with a Firefighter Endorsement or a Class B Firefighter Restrictive Drivers License, and be certified in light air operations. They will be eligible for compensation following application. Note! If a Firefighter elects not to participate in the above mentioned Tiller Certification compensation, it does not preclude the currently established requirement by the Department for a firefighter to be Tiller Certified, as identified in the Huntington Beach Training Manual. 463 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT DE – INCOME PROTECTION PLAN HBFA MOU July 1, 2018 – June 30, 2021 54 This is to memorialize an agreement between the City of Huntington Beach (City) and the Huntington Beach Firefighter’s Association (HBFA) regarding authorizing the HBFA to administer its own Long Term Disability (LTD) insurance program providing the following conditions are adhered to: 1. The City and HBFA agree that the City shall not provide a City-sponsored LTD Insurance Program for employees represented by HBFA. 2. HBFA shall contract with an insurance provider for LTD insurance for the employees represented by the HBFA. 3. The City shall pay to HBFA for the cost of LTD premiums not to exceed $38.00 per month per occupied covered position represented by HBFA. 4. Non-dues paying represented employees shall be covered by the LTD Policy at the same premium rate as dues paying represented employees. 5. City payment to HBFA is to be made for each represented employee per month based on the bi- weekly payroll. 6. HBFA shall pay the insurance company for the cost of premiums and any charges incurred for administering the program. 7. HBFA shall provide the City with a monthly listing of covered employees. 8. No self-funding/self-insurance of LTD benefits is permitted under this agreement. 9. HBFA shall authorize the City to have the insurance company provide documentation to the City as follows: a. A copy of the most current audited financial statements. b. A copy of the latest actuarial report, which should be completed by an independent “Fellow of the Society of Actuaries”; c. A copy of the in-force re-insurance Policy; 10. HBFA will provide a statement certifying that premiums collected are for LTD benefits for HBFA represented employees only. 464 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT EF - 40/56-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL LEAVE BENEFITS (EXAMPLE) HBFA MOU July 1, 2018 – June 30, 2021 55 Permanent, full-time employees shall accrue annual vacations or sick leave at their appropriate assigned work schedule rate, either 40-hour or 56-hour workweek. The actual accrual, as reflected on their payroll check will also reflect their actual work schedule. In the event of a change in work schedules, personnel will have their accrual rate (Constant) and actual accrual (Accrued) change to the new schedule using the conversion factor, .7143. Paychecks will reflect the accrual rate based on the actual work schedule, either forty (40) or fifty-six (56) hour schedule. All maximum accruals will be modified to reflect the proper number of hours, either 40-hour or 56-hour workweek. EXAMPLE – CURRENT EXCEPTION 40-HOUR EXAMPLE Paycheck stub shows 1000 hours accrued sick leave. Employee uses 24 hours sick time. 1000 hours – 24 hours = 976 hours. 56-HOUR FIREFIGHTER PARAMEDIC Paycheck stub shows 1000 hours accrued sick leave. Employee uses 24 hours sick time. 1000 hours – 24 x .7143 = 17.1 hours = 982.9 hours (This mathematical transaction takes place for each exception.) EXCEPTION ALL 56-HOUR PERSONNEL Modify to 56-hour schedule - current accrued hours divided by .7143. 40-hour rate paycheck stub indicates 1000 hours sick leave. 1000 hours divided by .7143 = 1400 hours 1400 hours would be reflected on the employee’s 56-hour workweek paycheck stub. 56-hour schedule employee uses 24-hours sick time - hours are taken hour for hour. 1400 hours – 24 hours = 1376 hours remaining. 465 HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 56 ACCRUAL RATE Current 40-hour employees - sick leave accrual - 3.6923 hours per pay period. 56-hour Firefighter Paramedic employee would accrue sick leave at 5.1691 (3.6923 divided by .7143 = 5.1691) hours per pay period. This would accurately indicate accrual at the 56-hour rate. 56-HOUR EMPLOYEE ASSIGNED TO A 40-HOUR POSITION Upon change of 56-hour Firefighter Paramedic employee to a 40-hour employee. Accrued sick leave = 1400 hours 1400 x .7143 = 1000 hours 1000 hours would be reflected on pay check. Sick leave accrual would return to 3.6923 per pay period 466 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT FG – POLICY –14, MINIMUM STAFFING AND FILLING OF VACANCIES HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 57 Applicable() to the following personnel: Fire Administration Fire Prevention Fire Captain Firefighter Paramedic Chief Officer Fire Suppression Fire Engineer Firefighter INTENT To establish and maintain the minimum staffing levels for the Huntington Beach Fire Department. DEFINITIONS 1. Apparatus - Any vehicle utilized to respond to fires, other emergencies or work assignments that requires a California Class A, Class B, or Class B firefighter restrictive driver's license. • Fire Engine- An apparatus with fire pump, fire hose, water tank, ground ladders, necessary firefighting equipment, and may include a "telesquirt" type ladder, but specifically excluding aerial ladder or platform capabilities. • Fire Truck- An apparatus that has mounted on the chassis, an aerial ladder or aerial platform, "TRUCK COMPANY" equipment, and may include a fire pump, fire hose, and water tank. • Hazardous Materials (HAZMAT) Unit - An apparatus that has tools and equipment used in the mitigation of Hazardous Materials incidents. · • Paramedic Engine or Paramedic Assessment Engine - A fire engine that carries Advanced Life Support equipment. • Paramedic Unit - Any Fire Department vehicle, other than a fire engine or fire truck, that carries Advanced Life Support equipment. • Special Purpose Apparatus - Apparatus (as described in No. 1 above), not otherwise defined in this policy and utilized for response to alarms. 2. Fire Company - A firefighting force commanded by a single Fire Captain (or a person assigned/qualified as such). 3. In-Service - Personnel, apparatus, and/or equipment that are available for dispatch to an alarm or actively involved in an alarm. 467 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT FG – POLICY –14, MINIMUM STAFFING AND FILLING OF VACANCIES HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 58 4. Qualified Personnel - Any Huntington Beach Fire Department employee meeting the minimum qualifications for the position as detailed in Policy D-10 who is operating/ functioning with the approval of the on-duty Battalion Chief. 4. POLICY The Duty Battalion Chief shall be responsible to ensure that each fire station and each apparatus are fully staffed according to this policy. A. MINIMUM STAFFING The City of Huntington Beach (City) shall cause apparatus to be staffed with sufficient personnel to ensure the safety of employees and the control of risk. For these purposes, the minimum staffing shall be as follows: 1. Each Fire Company shall be staffed with a minimum of three (3) personnel and may be assigned various firefighting or other emergency related activities, as well as routine duties. Fire Companies are generally assigned as engine companies or truck companies when they operate with a fire engine or fire truck apparatus. They may, however, operate without apparatus or with more than one (1) vehicle or apparatus. When operating with more than one (1) vehicle or apparatus, the minimum staffing requirements of this section shall be required when the vehicle is operated on an incident scene. Apparatus responding Code 3 shall be staffed with a minimum of two (2) persons. 2. Each in-service engine company shall be staffed with no less than one (1) Fire Captain, one (1) Fire Engineer, and one (1) Firefighter. Any member may be a Paramedic. a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are available, that Fire Company may continue to respond to augment single engine alarms. A second fully staffed engine shall be dispatched. 3. Each in-service truck company shall be staffed with no less than one (1) Fire Captain, one (1) Fire Engineer, and two (2) Firefighters. Any member may be a Paramedic. a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are available, that Fire Company may continue to respond to augment single engine alarms. A second fully staffed engine shall be dispatched. 4. Each in-service paramedic unit shall be staffed with no less than two (2) certified Paramedics. 5. Each in-service paramedic engine company shall be staffed with no less than one (1) Fire Captain, one (1) Fire Engineer, and two (2) Firefighters. Two (2) of the members must be certified Paramedics. 468 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT FG – POLICY –14, MINIMUM STAFFING AND FILLING OF VACANCIES HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 59 a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are available, that Fire Company may continue to respond to augment single engine alarms. A second fully staffed engine shall be dispatched. 6. Each in-service paramedic assessment engine company shall be staffed with no less than one (1) Fire Captain, one (1) Fire Engineer, and one (1) Firefighter. One (1) of the members must be a certified Paramedic. a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are available, that Fire Company may continue to respond to augment single engine alarms. A second fully staffed engine shall be dispatched. 7. Each in-service hazardous materials apparatus shall be staffed with a fire company of which the regularly assigned personnel shall be specially trained in hazardous materials incident practices and procedures. One or more of the personnel staffing the hazardous materials apparatus may be assigned as technical advisors to an emergency's Incident Commander. When this occurs, the remaining personnel may be reassigned to other companies involved in the incident or other Hazardous Materials Joint Powers Authority providers. 8. Special purpose apparatus shall be staffed with no less than one (1) person (Fire Engineer or Firefighter assigned/qualified as such) when responding Code 2, and with no less than two (2) personnel (one of whom must be a Fire Engineer or a Firefighter assigned/qualified as a Fire Engineer) when responding Code 3 to alarms. 9. Fire apparatus not considered to be in service shall not be required to have personnel assigned to them for the purposes of this Article. 10. The minimum staffing as set forth in this Article shall be specifically and exclusively from public safety employees of the Huntington Beach Fire Department for all routine activities and normal shift duties. Reserve Firefighters shall not be used to meet minimum staffing levels. a. No employee shall be assigned to more than one (1) fire-company at the same time for all routine activities and normal shift duties. b. Routine activities and normal shift duties shall include those emergencies that would normally be handled by the on-duty suppression force. C. FILLING VACANCIES 1. Employees acting in a higher classification, when properly qualified, shall be considered equivalent to the required classification. 469 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT FG – POLICY –14, MINIMUM STAFFING AND FILLING OF VACANCIES HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 60 c. Employees acting in a higher classification shall be paid acting pay for all time worked in the higher class when the time cumulatively exceeds two (2) hours within one (1) 24-hour shift. Acting pay will be calculated based on the step range of the higher classification, which provides at least a five percent range differential. For example, a Firefighter at E step who is qualified and acts as an Engineer will be compensated at the hourly rate of a D step Engineer, which is equal to or greater than a five percent differential. 2. Any employee assigned to serve in the capacity of Battalion Chief's Aide shall not be utilized to satisfy any of the minimum staffing requirements except as set forth in this Article. The BC's Aide may be utilized to fill a position for which he/she isthey are qualified to serve in cases of temporary fill-in of four (4) hours or less. 3. Either one (1) Firefighter or one (1) Firefighter Paramedic assigned to a truck company may be utilized for special assignments for a period not to exceed four (4) hours in a 24 hour period. 4. REPLACEMENT CALLBACK. When a vacancy exists on any apparatus, the Department will be obligated to meet minimum staffing obligations of this Article by use of off-duty personnel on an overtime basis. In the event an apparatus is placed out of service, those persons previously assigned thereto may be utilized to fill any vacancy prior to the use of off-duty personnel on an overtime basis. 5. When a vacancy exists on any apparatus, the vacancy shall be filled rank for rank based upon the provisions of the Fire Department's Policy D-3 (Callback Staffing System). D. NEW EQUIPMENT 1. If the City makes a managerial decision to change staffing levels provided for in the MOU, or to utilize any new apparatus over and above that presently in use, the City and the Association shall Meet and Confer in good faith prior to such action being implemented. 2. The Meet and Confer process/obligation shall apply to any managerial decision to eliminate any paramedic unit(s) / van(s). E. CHANGES IN STAFFING 1. If either party requests a Meet and Confer, as indicated in New Equipment and Changes in Staffing sections above, the parties shall complete the process (including any impasse procedure) within 60 days, unless otherwise extended by mutual agreement. 470 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT GH – FIREFIGHTERS’ RIGHTS TO APPEAL DISCIPLINARY ACTION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 61 The following appeals procedures are adopted pursuant to Government Code § 3254.5 of the Firefighters Procedural Bill of Rights Act and supersede any personnel rules to the contrary. 1. DEFINITIONS a. The term “firefighter” means an employee who is considered a “firefighter” under Government Code § 3251(a). b. The term “punitive action” means any action defined by Government Code §3251(c), i.e., “any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.” 2. APPEAL OF A PUNITIVE ACTION NOT INVOLVING DISCHARGE, DEMOTION OR SUSPENSION OR REDUCTION IN SALARY OF A FIREFIGHTER Pursuant to Government Code § 11445.20, the following informal hearing procedure shall be utilized for an appeal by a firefighter of a punitive action not involving discharge, demotion, reduction in salary or suspension. a. Notice of Appeal - Within fifteen (15) calendar days of receipt by a firefighter of notification of punitive action as set forth above, the firefighter shall notify the office of the Fire Chief in writing of the firefighter’s intent to appeal the punitive action. The notice of appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal. b. Presiding Officer - In an informal hearing, a Division Chief shall be the presiding officer. A Division Chief shall conduct the informal hearing in accordance with these procedures and shall make the final decision. If the Division Chief cannot serve as the hearing officer because of actual bias, prejudice or interest as defined by Government Code §11425.40, then the Fire Chief or theirhis/her designee shall serve as the Presiding Officer and shall make the final decision. Written reprimands adjudicated following the informal process provided herein shall be removed from the employee’s personnel file after two years if no similar occurrence takes place within that time. If a similar occurrence takes place (as determined by the Fire Chief) the discipline shall remain until two years have passed without such an occurrence. c. Burden of Proof - The employer shall bear the burden of proof at the hearing. 1) If the action being appealed does not involve allegations of employee misconduct, the limited purpose of the hearing shall be to provide the officer the opportunity to establish a record of the circumstances surrounding the action. The Department’s burden of proof shall be satisfied if the Department establishes by a preponderance of the evidence that the action was reasonable. The Department’s burden of proof may be satisfied even though reasonable persons may disagree about the appropriateness of the action. 471 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT GH – FIREFIGHTERS’ RIGHTS TO APPEAL DISCIPLINARY ACTION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 62 2) However, if the punitive action involves charges of misconduct, the Department shall have the burden of proving by a preponderance of the evidence the facts which form the basis for the charge and that the punitive action was reasonable under the circumstances. d. Conduct of Hearing 1) The formal rules of evidence do not apply, although the Presiding Officer shall have discretion to exclude evidence which is incompetent, irrelevant or cumulative, or the presentation of which will otherwise consume undue time. 2) The parties may present opening statements. 3) The parties may present evidence through documents and testimony. aa. Witnesses shall testify under oath. bb. Subpoenas may be issued pursuant to Government Code §§11450.05- 11450.50. 4) Following the presentation of evidence, if any, the parties may submit oral and/or written closing arguments for consideration by the hearing officer. e. Recording of the Hearing - The hearing may be tape recorded or stenographically recorded by a Certified Court Reporter by either party . The per diem cost of the court reporter shall be equally borne by the parties. The cost to receive a transcript of the hearing shall be borne by the party requesting the transcript. f. Representation - The firefighter may be represented by an association representative and/or attorney of his or her choice at all stages of the proceedings. All costs associated with such representation shall be borne by the firefighter. g. Decision - The decision shall be in writing pursuant to Government Code §11425.50. The decision shall be served personally or by first class mail, postage pre-paid, upon the firefighter as well as his/hertheir attorney or representative, shall be accompanied by an affidavit or certificate of mailing, and shall advise the firefighter that the time within which judicial review of the decision may be sought is governed by Code of Civil Procedure § 1094.6. 3. APPEAL OF A DISCIPLINARY DECISION INVOLVING DISCHARGE, REDUCTION IN SALARY, DEMOTION OR SUSPENSION OF A FIREFIGHTER a. In those instances where the procedures in Government Code §§ 11400, et seq. are inapplicable to an administrative appeal, the administrative appeal shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code. b. Notice of Discipline as Accusation - The final notice of discipline which may be issued at the conclusion of any pre-disciplinary procedures shall serve as the Accusation as described in Government Code §§ 11500, et seq. Pursuant to Government Code section 3254, 472 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT GH – FIREFIGHTERS’ RIGHTS TO APPEAL DISCIPLINARY ACTION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 63 subsection (f), the discipline shall not be effective sooner than 48 hours of issuance of the final notice of discipline. The notice shall be prepared and served in conformity with the requirements of Government Code §§11500, et seq. A copy of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code shall be provided to the firefighter concurrently with the notice of discipline. c. Notice of Defense/Request for Hearing - Within 15 calendar days after service of the accusation the respondent may file with the office of the Fire Chief a notice of defense in which the respondent may: 1) Request a hearing; 2) Object to the accusation upon the ground that it does not state acts or omissions upon which the agency may proceed; 3) Object to the form of the accusation on the ground that it is so indefinite or uncertain that the respondent cannot identify the transaction or prepare a defense; 4) Admit the accusation in whole or in part; 5) Present new matter by way of defense; 6) Object to the accusation upon the ground that, under the circumstances, compliance with the requirements of a regulation would result in a material violation of another regulation enacted by another department affecting substantive rights; Within the time specified respondent may file one or more notices of defense upon any or all of these grounds but all of these notices shall be filed within that period unless the agency in its discretion authorizes the filing of a later notice. The respondent shall be entitled to a hearing on the merits if the respondent files a notice of defense, and the notice shall be deemed a specific denial of all parts of the accusation not expressly admitted. Failure to timely file a notice of defense shall constitute a waiver of respondent's right to a hearing, but the agency in its discretion may nevertheless grant a hearing. Unless objection is taken as provided in Government Code Section 11506, all objections to the form of the accusation shall be deemed waived. The notice of defense shall be in writing signed by or on behalf of the respondent and shall state the respondent's mailing address. It need not be verified or follow any particular form. d. Administrative Law Judge - Pursuant to Government Code § 11512, the City has determined that appeals shall continue to be heard by the Personnel Commission with the administrative law judge presiding at the hearing, pursuant to Government Code § 11512(b). The administrative law judge shall rule on the admission and exclusion of evidence and advise the Personnel Commission on matters of law. The Personnel Commission shall exercise all other powers relating to the conduct of the hearing pursuant to pre-established Huntington 473 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT GH – FIREFIGHTERS’ RIGHTS TO APPEAL DISCIPLINARY ACTION HBFA MOU July 1, 2018 – June 30, 2021July 1, 2021 – December 31, 2023 64 Beach Rules. The process contemplated in this subsection may be “reopened” for discussion after three years. e. Time and Place of Hearing - Pursuant to Government Code § 11508, unless otherwise decided by the Personnel Commission, a hearing shall be conducted at City Hall at a time to be determined by the Personnel Commission. f. Notice of the Hearing - Notice of the hearing shall be provided to the parties pursuant to Government Code § 11509. g. The Personnel Commission may recommend to sustain, reduce, or rescind the disciplinary action taken where evidence produced in the hearing warrants such recommendation. The standard at the hearing shall be “Just Cause.” In all instances, the Personnel Commission shall certify copies of its findings and decision to the City Manager, the department head from whose action the appeal was made, and the appellant employee. The Board’s decision shall be final. Requests for reconsideration by the Personnel Commission shall be governed by Government Code §11527. The decision shall be in writing. The decision shall be served personally or by first class mail, postage pre-paid, upon the firefighter as well as his/hertheir attorney or representative, and shall be accompanied by an affidavit or certificate of mailing. Judicial review of the decision may be sought pursuant to Government Code § 11523 and the Code of Civil Procedure. h. In the event California Law cited herein is modified, these rules shall also be automatically modified in accordance thereto. 474 City of Huntington Beach File #:21-889 MEETING DATE:11/16/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Brittany Mello, Interim Administrative Services Director Subject: Introduction of the Proposed Memorandum of Understanding Between the Huntington Beach Fire Management Association (FMA) and the City of Huntington Beach for July 1, 2021 , through December 31, 2023 Statement of Issue: The Memorandum of Understanding (MOU) between the City of Huntington Beach and the Huntington Beach Fire Management Association (FMA) expired on September 30, 2017. Subsequently, the City and FMA engaged in good-faith negotiations, ultimately reaching tentative agreement on terms in October 2021 on a 2.5 year contract covering the period of July 1, 2021 , through December 31, 2023. Financial Impact: Pursuant to the terms agreed upon with FMA, the Finance Department estimates the total projected cost of the MOU to be $201,220 in Year 1; $24,453 in Year 2; and $17,721 in Year 3. This results in an average annual cost increase of $97,357 per year during the life of the agreement. Recommended Action: Approve the introduction of the proposed Memorandum of Understanding between the Huntington Beach Fire Management Association and the City of Huntington Beach for the period of July 1, 2021 , through December 31, 2023. Alternative Action(s): Do not approve the introduction of the proposed successor MOU for FMA employees, and direct staff to: (1) continue to meet and confer with the Association, or (2) utilize the impasse procedures contained within the City’s Employer-Employee Relations Resolution. Analysis: The Huntington Beach Fire Management Association (FMA) represents 8 employees in the City. Representatives for the City and FMA engaged in active negotiations over an extended period, and City of Huntington Beach Printed on 11/10/2021Page 1 of 2 powered by Legistar™475 File #:21-889 MEETING DATE:11/16/2021 have ultimately reached tentative agreement on contract terms for a 2.5 year period. Key changes in the proposed MOU include the following: Term of Agreement July 1, 2021, through December 31, 2023 Salary Range Adjustment ·Effective July 1, 2021, employees will shift to a new, seven-step salary range (A - G). Employees will be placed on the nearest step in the new range without losing any wages. ·Employees who have reached the top step (Step G) in their assigned range will be eligible for an annual, merit-based performance bonus of up to three percent (3%) of their base rate of pay. CalPERS Cost Sharing ·Classic member safety employees shall contribute an additional 2% contribution towards CalPERS costs (for a total of 13% contribution) beginning July 1, 2021. ·New member safety employees shall contribute an additional 1.25% contribution towards CalPERS costs (for a total employee contribution of 13%) beginning July 1, 2021. Medical Benefits ·Beginning January 1, 2022, the City’s maximum monthly contribution to medical plan rates will increase to $745.83 for employee only; $1,468.95 for two party; and $1,837.83 for family coverage. ·Beginning January 1, 2023, the City’s maximum monthly contribution will increase to $769.16 for employee only; $1,492.28 for two party; and $1,861.16 for family coverage. Special Pays ·Additional contract adjustments with regard to specialty pay types were made with regard to educational incentive pay, EMT pay, strike team leader, and longevity pay. These key changes and all other negotiated provisions are included in the proposed Memorandum of Understanding. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Summary of Memorandum of Understanding Modifications 2. Fiscal Impact Report 3. Proposed Memorandum of Understanding City of Huntington Beach Printed on 11/10/2021Page 2 of 2 powered by Legistar™476 City of Huntington Beach Huntington Beach Fire Management Association (FMA) Summary of MOU Modifications Article # Subject Proposal Article I Term of MOU Term July 1, 2021 – December 31, 2023 Article V Salary Schedules and Retirement New Salary Range Effective July 1, 2021, shift to new, seven-step (A – G) pay schedule with 5% between each step. Article V Salary Schedules and Retirement Performance Based Bonus Employees who have attained Step G are eligible for an annual merit bonus of up to 3% of their base rate of pay. Article V Salary Schedules and Retirement CalPERS Cost Sharing Effective July 1, 2021: Classic member employees shall cost share an additional 2% for a total cost share of 4%, increasing the employee pension contribution to 13%. New member employees shall cost share 1.25%, increasing the employee pension contribution to 13%. Article VI Additional Management Benefits Master’s Degree Employees who have attained a Master’s Degree shall receive 3% incentive pay. Article VI Additional Management Benefits Strike Team Leader Employees who earn the designation of Strike Team Leader will receive 1% of their base rate of pay. Article VI Additional Management Benefits Emergency Medical Technician Employees who possess an EMT certification shall receive 1.67% of their base rate of pay. Article VI Additional Management Benefits Longevity Pay FMA employees will be eligible to receive Longevity Pay as follows, based on total qualifying years of firefighting service: 477 5-10 years – 2.5% of base pay 10-20 years – 5.0% of base pay 20+ years – 7.5% of base pay Article IX Health and Other Insurance Benefits Employer Contribution to Health and Other Insurance Benefits A modification to Article IX to increase the monthly maximum employer contribution towards flex benefits as follows: Effective the beginning of the pay period that includes January 1, 2022, and eliminate the vision opt-out benefit: Single - $745.83 Two party - $1,468.95 Family - $1,837.83 Opt Out - $745.83 Effective the beginning of the pay period that includes January 1, 2023, increase the employer contribution toward medical benefits by $23.33 per month, as follows: Single - $769.16 Two party - $1,492.28 Family - $1,861.16 Opt Out - $769.16 478 These estimates are subject to change.For Discussion Purposes Only City of Huntington Beach Draft FMA Proposal October 2021 Proposed Term: 2.5 years (6 months) Year 1 Year 2 Year 3 FY 21/22 FY 22/23 FY 23/24 MOU Item #Union Description Rate / $ Estimated YOY Impact Estimated YOY Impact Estimated YOY Impact Total Cost of Proposal Notes: 1 All Term: 2.5 years (July 1, 2021 through December 31, 2023) 2 FMA Annual 3% Bonus up to 3%22,909 - 15,645 38,554 Performance-based bonus up to 3% for top-step employees only. 3 FMA Additional 2% CalPERS EE Contribution 2%(33,332) (1,198) (673) (35,203) 4 FMA Increase City's maximum contribution towards employees' health insurance at each plan level to match the percentage increase provided to POA, plus $23.33/mo in year 2 various - 10,489 153 10,642 Removal of Vision Opt Out benefit effective in Year 1. 5 FMA EMT Cert Pay 1.67%35,596 1,177 480 37,253 6 FMA Education Incentive - 3% Masters 3%24,189 885 214 25,288 7 FMA Special Assignment Skill Pay - Strike Team Leader 1.0%10,614 2,952 125 13,691 8 FMA Longevity Pay - Same as HBFA 2.5% - 7.5%141,244 10,148 1,778 153,170 Total Cost of Proposal FMA 201,220 24,453 17,721 243,394 479 Consent Calendar #21-889 Agenda Date: November 16, 2021 Attachment #3 – Proposed Memorandum of Understanding (MOU) between the Huntington Beach Fire Management Association (FMA) and the City of Huntington Beach for July 1, 2021 through December 31, 2023 The MOU and any related documents will be published with Supplemental Communications scheduled for release on Friday, November 12, 2021 at approximately 3:00 PM and Tuesday, November 16, 2021 at approximately 2:00 PM. 480 481 Legislative Draft Memorandum of Understanding Between Huntington Beach Fire Management Association And City of Huntington Beach October 1, 2015 – September 30, 2017July 1, 2021 – December 31, 2023 482 MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page i PREAMBLE .................................................................................................................... 1 ARTICLE I – TERM OF MOU ......................................................................................... 1 ARTICLE II – REPRESENTATIONAL UNIT ................................................................... 1 ARTICLE III -– SEVERABILITY ..................................................................................... 2 ARTICLE IV – MANAGEMENT RIGHTS ........................................................................ 2 ARTICLE V – SALARY SCHEDULES AND RETIREMENT ........................................... 2 A. MONTHLY COMPENSATION.................................................................................................... 2 B. WAGE INCREASESPERFORMANCE BONUS ............................................................................. 2 C. CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS) PICK-UP....................... 32 D. SELF FUNDED SUPPLEMENTAL RETIREMENT BENEFIT ............................................................ 4 E. MEDICAL INSURANCE UPON RETIREMENT ............................................................................ 54 F. CALPERS ADDITIONAL BENEFITS ......................................................................................... 5 G. DIRECT DEPOSIT ................................................................................................................ 65 ARTICLE VI – ADDITIONAL MANAGEMENT BENEFITS ............................................. 6 A. HOLIDAY PAY-IN-LIEU........................................................................................................... 6 B. BILINGUAL SKILL PAY ......................................................................................................... 76 C. PROFESSIONAL ACHIEVEMENT AWARDEDUCATION INCENTIVE PAY ......................................... 7 D. EMERGENCY MEDICAL TECHNICIAN PAY ................................................................................ 8 E. STRIKE TEAM LEADER PAY ................................................................................................... 8 F. LONGEVITY PAY ................................................................................................................... 8 ARTICLE VII – UNIFORMS .......................................................................................... 97 ARTICLE VIII – WORK SCHEDULE/COMPENSATORY PAY/TIME OFF ................... 98 A. WORK SCHEDULE .............................................................................................................. 98 B. COMPENSATORY PAY ......................................................................................................... 98 1. Prior Approval to Earn Compensatory Time .................................................................................. 98 2. Prior Approval to Work any Hours in Addition to Regular Schedule ............................................ 108 3. Description of Compensatory Benefits ......................................................................................... 108 ARTICLE IX – HEALT H AND OTHER INSURANCE BENEFITS ............................... 109 A. HEALTH ........................................................................................................................... 109 1. Effective Date of Coverage .......................................................................................................... 109 483 MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page ii 2. California Public Employees’ Retirement System (CalPERS) Public Employees’ Medical and Hospital Care Act (PEMHCA) ...................................................................................................... 109 a. PEMHCA Employer Contributions ........................................................................................... 119 b. Maximum Employer Contributions ........................................................................................... 119 3. Dental Insurance ............................................................................................................................ 10 34. Dental Insurance ............................................................................................................................ 12 4. Retiree (Annuitant) Coverage ...................................................................................................... 131 a. City Contribution (Unequal Contribution Method) for Retirees ................................................ 131 b. Termination of Participation in the CalPERS PEMHCA Program – Impact to Retirees .......... 131 5. Additional Costs for Participation in the PEMHCA Program ........................................................ 131 a. Retiree and/or Annuitant Coverage ......................................................................................... 131 b. Termination Clause.................................................................................................................. 142 6. Medical OptCash-Out ................................................................................................................... 142 B. SECTION 125 EMPLOYEE PLAN ......................................................................................... 153 C. POST RETIREMENT MEDICAL SAVINGS PLAN ...................................................................... 153 D. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT ......................................................... 153 E. LONG TERM DISABILITY INSURANCE .................................................................................. 153 F. RETIREE MEDICAL TRUST .................................................................................................... 16 G. MISCELLANEOUS ................................................................................................................. 174 1. City Paid Premiums While on Medical Disability ......................................................................... 174 2. Insurance and Benefits Advisory Committee ............................................................................... 174 3. Health Plan Over-Payments ........................................................................................................ 174 a. Reduction of Employee’s Bi-Weekly Sa lary Warrant .............................................................. 184 b. Notice of Ineligible Dependents ............................................................................................... 184 c. Twelve Month Recovery Period ............................................................................................... 185 ARTICLE X LEAVE BENEFITS .................................................................................. 185 A. GENERAL LEAVE .............................................................................................................. 185 1. Accrual ......................................................................................................................................... 185 2. Eligibility and Approval ................................................................................................................. 195 3. Conversion to Cash ...................................................................................................................... 196 B. SICK LEAVE ..................................................................................................................... 196 1. Accrual ......................................................................................................................................... 196 2. Credit .......................................................................................................................................... 2016 3. Usage ......................................................................................................................................... 2016 4. Family Sick Leave ...................................................................................................................... 2016 5. Pay Off At Termination ............................................................................................................... 2017 C. BEREAVEMENT LEAVE .....................................................................................................2218 ARTICLE XI – CITY RULES ..................................................................................... 2219 484 MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page iii ARTICLE XII – MISCELLANEOUS .......................................................................... 2219 A. VEHICLE POLICY .............................................................................................................2219 B. DEFERRED COMPENSATION LOAN PROGRAM ....................................................................2319 C. ASSOCIATION BUSINESS ................................................................................................... 230 D. MODIFIED RETURN TO WORK POLICY................................................................................ 230 E.. CONTROLLED SUBSTANCE AND ALCOHOL TESTING ............................................................ 230 F. GRIEVANCE HEARING OFFICER FEES ................................................................................ 230 G. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION ............................................................... 240 H. ALTERNATIVE DISPUTE RESOLUTION AGREEMENT ............................................................. 240 ARTICLE XIII – CITY COUNCIL APPROVAL ............................................................ 251 EXHIBIT A – SALARY SCHEDULE ........................................................................... 262 EXHIBIT B – SERVICE CREDIT SUBSIDY ................................................................ 273 EXHIBIT C – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM .... 3127 EXHIBIT D – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT ..................... 351 EXHIBIT E – HEALTH PREMIUMS AND CONTRIBUTIONS ...................................... 37 485 FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (Herein Called CITY) AND THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION (Hereinafter Called ASSOCIATION) PREAMBLE WHEREAS, the City of Huntington Beach and the Huntington Beach Fire Management Association (FMA) 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; Except as expressly provided herein, the adoption of this Memorandum of Understanding (MOU) shall not change existing terms and conditions of employment, which have been established for the classifications represented by the Huntington Beach Fire Management Association. NOW THEREFORE, this Memorandum of Understanding is effective October 1, 2015July 1, 2021, and it is agreed as follows: ARTICLE I – TERM OF MOU This Agreement shall be in effect for a period of twenty-four (24) months commencing October July 1, 202115, and expiring on September 30, 2017December 31, 2023. This MOU constitutes the entire agreement of the parties as to the changes in wages, hours, and other terms and conditions of employment of employees covered hereunder for the term hereof. ARTICLE II – REPRESENTATIONAL UNIT It is recognized that the Huntington Beach Fire Management Association is the employee organization which has the right to meet and confer in good faith with the City on behalf of represented employees of the Huntington Beach Fire Department within the classification titles of Fire Division Chief, Fire Battalion Chief, and Marine Safety Division Chief as outlined in Exhibit A attached hereto and incorporated herein. ARTICLE III – SEVERABILITY 486 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 2 If any section, subsection, sentence, clause, phrase or portion of this MOU or any additions or amendments thereof, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution or its application to other persons. The City Council hereby declares that it would have adopted this MOU and each section, subsection, sentence, clause, phrase or portion, and any additions or amendments thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions, or the application thereof to any person, be declared invalid or unconstitutional. ARTICLE IV – MANAGEMENT RIGHTS The City and the Fire Chief retain all rights, powers and authority to manage and direct the performance of fire services and the workforce, except as modified by the Memorandum of Understanding. The parties agree that 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 fire services, staffing requirements, extra duty 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 V – SALARY SCHEDULES AND RETIREMENT A. Monthly Compensation Employees shall be compensated at hourly rates by job code and pay grade during the term of this Agreement as set out in Exhibit A attached hereto and incorporated herein unless expressly provided for in other Articles of this Memorandum of Understanding. B. Wage Increases Effective the beginning of the pay period that includes October 1, 2016, all unit employees will receive a three percent (3.0%) wage increase. B. Performance Bonus Effective July 1, 2021, every member who has advanced through all salary steps A-G are eligible for an annual merit bonus of up to three percent (3%) of their base rate of pay. The annual merit bonus amount will be determined based upon the evaluation of the employee’s performance. A completed performance evaluation with specific recognition of outstanding performance in accordance with the Fire Department’s Leadership Intent 487 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 3 document must be attached to the Personnel Action Form and sent to the Human Resources Division. Employees who disagree with the performance bonus award granted by their supervisor / manager may appeal the decision directly to the Fire Chief for additional consideration. After review, the Fire Chief’s final decision regarding the performance bonus award amount shall be final and binding, and shall not be subject to grievance. The parties agree that to the extent permitted by CalPERS or law, the City will report the compensation in this section as special compensation pursuant to Title 2 CCR, Section 571(a)(1) Bonus. C. California Public Employees’ Retirement System (CalPERS) Pick-up a. The City shall provide all safety employees described as “classic members by the Public Employees’ Pension Reform Act of 2013 – “PEPRA” with that certain retirement program commonly known and described as the “3%” at age 50 plan” which is based on the retirement formula as set forth in the California Public Employees’ Retirement System (PERS), Sections 21362.2 of the California Government Code, including the one-half continuance option (Government Code Sections 21624 and 21626) for safety employees and the Fourth Level of the 1959 survivor option for all employees as established by the California Public Employees’ Retirement System, Section 21571 of the California Government Code. b. All “classic members” shall pay to PERS as part of the required member retirement contribution nine percent (9%) of pensionable income. i. Effective the beginning of the pay period that includes October 1, 2016, all “classic members” shall pay to CalPERS an additional two percent (2%) of pensionable compensation, for a total of eleven percent (11%) of pensionable compensation.Effective the beginning of the pay period that includes July 1, 2021, all “classic members” shall pay four percent (4%) additional compensation earnable as employer cost sharing, in accordance with Government Code Section 20516(f), for a total employee pension contribution of thirteen percent (13%). The parties agree that this cost sharing agreement shall continue after the expiration of this MOU unless/until otherwise negotiated to either an agreement (in a successor MOU) or the expiration of the impasse process by the parties. ii. This provision shall not sunset at the expiration of this agreement. 488 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 4 iii. This cost-sharing provision is pursuant to Government Code Section 20516(f). c. The City has contracted with PERS to have retirement benefits calculated based upon the employee’s highest one year’s compensation, pursuant to the provisions of Section 20042 (highest single year). d. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU. e. The City provides the Pre-Retirement Optional Settlement 2 Death Benefit as set forth in California Government Code Section 21548 for all safety employees represented by the Association. f. For “New Members” within the meaning of the California Public Employees’ Pension Reform Act of 2013 (PEPRA). 1) New Members shall be governed by the two and seven tenths percent at age 57 (2.7% @ 57) retirement formula set forth in Government Code section 7522.25(d). 2) Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member. 3) “‘New members” as defined by PEPRA shall contribute one half of the normal cost rate, as established by CalPERS. i. Effective the beginning of the pay period that includes July 1, 2021, all new members shall pay at least thirteen percent (13%) of pensionable compensation as their retirement contribution. If the required contribution per PEPRA (half the normal cost) is less than thirteen percent (13%), employees shall pay the difference between the required PEPRA contribution and thirteen percent (13%) as cost sharing per Government Code Section 20516(f). If the required PEPRA contribution is at least thirteen percent (13%) or more, new members will pay the required PEPRA contribution. The parties agree that this cost sharing agreement shall continue after the expiration of this MOU unless/until otherwise negotiated to either an agreement 489 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 5 (in a successor MOU) or the expiration of the impasse process by the parties. g. The City has adopted the CalPERS Resolution in accordance with IRS Code section 414(h)(2) to ensure that both the employee contribution and the City pickup of the required member contribution are made on a pre-tax basis. However, ultimately, the tax status of any benefit is determined by the law. D. Self Funded Supplemental Retirement Benefit Employees hired prior to August 17, 1998, are eligible for the Self Funded Supplemental Retirement Benefit, which provides that: 1. In the event an employee elects Option #1, #2, #2W, #3, #3W, or #4 of the Public Employees’ Retirement Law, the City shall pay the difference between such elected option and the unmodified allowance which the employee 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 employee, shall be payable by the City during the life of the employee, and upon that employee’s death, the City obligation shall cease. The method of funding this benefit shall be at the sole discretion of the City. This benefit is vested for employees covered by this agreement. 2. Employees hired on or after August 17, 1998, shall not be eligible for this benefit. E. Medical Insurance Upon Retirement As required by the Government Code, while the City is contracted with CalPERS to participate in the Public Employees' Medical and Hospital Care Act (PEMHCA) program, retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. CalPERS shall be the sole determiner of eligibility for retiree (annuitant) to participate in the PEMHCA program. 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. 490 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 6 In the event that the City terminates its participation in the PEMHCA program, the retiree medical subsidy program in place in Resolution No. 2002-120 Exhibit B to the Memorandum of Understanding shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. F. CalPERS Additional Benefits 1. The City shall provide all “Classic” safety employees with the retirement program commonly known and described as the “3% at age 50 plan” which is based on the retirement formula as set forth in the California Public Employees’ Retirement Law, , Section 21362.2 of the California Government Code, including the one-half continuance option (Government Code Sections 21263 and 21263.1) for safety employees and the Fourth Level of the 1959 survivor option for all employees as established by the California Public Employees’ Retirement Law, Section 21574 of the California Government Code. 2. The City shall continue to contract with CalPERS to have retirement benefits calculated based upon the employee’s highest one year’s compensation, pursuant to the provisions of Section 20042 (highest single year). 3. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU. 4. Employees shall be covered by the Pre-Retirement Optional Settlement 2 Death Benefit as provided in Government Code Section 21548 G. Direct Deposit All unit employees shall be required to utilize direct deposit of payroll checks. ARTICLE VI –ADDITIONAL MANAGEMENT BENEFITS A. Holiday Pay-In-Lieu 491 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 7 Employees shall be compensated by the City in lieu of the ten (10) listed holidays at the rate of 3.0768 hours multiplied by the employee’s hourly rate set forth in Exhibit A, payable each and every pay period. The following are the recognized legal holidays under this MOU: 1. New Year’s Day (January 1) 2. Martin Luther King’s Birthday (third Monday in January) 3. President’s Day (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veteran’s Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. Friday after Thanksgiving 10. Christmas Day (December 25) Any day declared by the President of the United States to be a national holiday, or by the Governor of the State of California to be a state holiday, and adopted as an employee holiday by the City Council of Huntington Beach. Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. Employees designated by the Fire Chief who are required to work regular shifts on the above listed holidays as set forth in this Article, shall not be entitled to time off or additional pay. 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) Holiday Pay. B. Bilingual Skill Pay Employees whose bilingual skills are qualified, in accordance with the most current Huntington Beach Fire Department Organization Manual Policy D-26, shall be paid an additional five percent (5%) of their base rate of pay in addition to their regular bi-weekly salary. In order to be qualified and certified for said compensation, employee's language proficiency will be tested and certified by the Administrative Services Director or designee. Basic conversational proficiency will be evaluated based on response to a scenario driven oral evaluation. Human 492 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 8 Resources will notify candidates of the results of the oral evaluation. If the candidate’s attempt is unsuccessful, they may repeat the process in six (6) months’ time from the date of the previous exam. Bilingual skill pay shall begin the first day of the pay period following certification. The parties agree that to the extent permitted by law, Bilingual Skill Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium. Employees who are qualified to use Spanish, Vietnamese, or Sign Language skills shall be paid an additional five-percent (5%) of their hourly rate in addition to their regular bi-weekly salary. Employees may accept assignments utilizing bilingual skills in other languages on a short-term assignment with approval by the Fire Chief and City Manager or designee. Such employees shall receive the additional five percent (5%) of their hourly rate for every bi-weekly pay period that the assignment is in effect. In order to be qualified for said compensation, employee’s language proficiency will be tested and certified by the Human Resources Director or designee. Bilingual Skill Pay shall be effective the first full pay period following certification as verified to the Fire Chief in writing by the Human Resources Director or designee. 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) Bilingual Premium C. Professional Achievement AwardEducation Incentive Pay Employees who have attained a Master’s Degree or successfully completed the United States Fire Administration Executive Fire Officer Program (EFOP) shall receive education incentive pay of three percent (3%) of their base rate of pay. The City supports employee participation in the United States Fire Administration Executive Fire Officer Program (EFOP). The City will provide each participating employee, upon EFOP program acceptance, full payment of each required program course, time to attend the course for each required program year, and travel expense to attend the required course for each program year. The parties agree that to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Educational Incentive Pay. D. Emergency Medical Technician Pay 493 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 9 All employees in the unit who possess an Emergency Medical Technician (EMT) certification shall receive one and sixty seven one hundredths percent (1.67%) of base rate of pay. The parties agree that to the extent permitted by law, Emergency Medical Technician (EMT) Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Emergency Medical Technician Pay. Upon presenting a certificate of completion from the United States Fire Administration’s National Fire Academy for the Executive Fire Officer Program to the Human Resources Director, the employee will receive a one-time lump sum award of two thousand five hundred ($2,500) dollars. The award shall be subject to all applicable state and federal taxes. The classification of Marine Safety Division Chief is exempt from this provision. Education Incentive Pay Employees who have attained a Master’s Degree shall receive education incentive pay of three percent (3%) of their base rate of pay. E. Strike Team Leader Pay Employees who successfully complete the required Incident Command System (ICS) training courses and Position Task Books as outlined in the California Incident Command Certification System (CICCS) Incident Qualifications Guide, and are certified as a Strike Team Leader Engine through the sponsoring Operational Area Peer Review Committee will receive one percent (1%) of their base rate of pay. The parties agree that to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Educational Incentive Pay. F. Longevity Pay All employees with the following full time, paid employment as a Firefighter shall receive the following longevity pay: All employees with the following full time, paid non volunteer or reserve employment as a Firefighter shall receive the following longevity pay: 494 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 10 1. Five (5) years or more, but less than ten (10) years, of service shall receive longevity pay equal to 2.5% of base salary as set forth in Exhibit A. 2. Ten (10) years or more, but less than twenty (20) years, of service shall receive longevity pay equal to 5% of base salary as set forth in Exhibit A. 3. Twenty (20) years or more of service shall receive longevity pay equal to 7.5% of base salary as set forth in Exhibit A. Volunteer, reserve, and part-time position time will not be factored into the total years of service under Longevity Pay. The parties agree that to the extent permitted by law, Longevity Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1) Longevity Pay. ARTICLE VII – UNIFORMS The City agrees to provide uniforms to employees on active duty who are required to wear uniforms. For each eligible employee, the City will report to the CalPERS the average annual cost of uniforms provided by the City as special compensation in accordance with Title 2, California Code of Regulations, Section 571(a)(5). For employees who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms shall apply. For “new members” as defined by the Public Employees’ Pension Reform Act of 2013, the cost of uniforms will not be reported as compensation earnable to CalPERS. ARTICLE VIII – WORK SCHEDULE/COMPENSATORY PAY/TIME OFF A. Work Schedule 1. All twenty-four (24) hour shift employees shall work an average of fifty-six (56) hours per week pursuant to the current schedule of two (2) twenty-four (24) hour shifts in a two (2) day period with four (4) consecutive 495 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 11 days off. Total hours worked in a calendar year will equal two thousand nine hundred and twelve (2912) hours. All twenty-four (24) hour shift employees shall be on a fifteen (15) day work period consistent with the 7(K) exemption set forth in the Fair Labor Standards Act (FLSA). 2. Administrative work schedules are to be forty (40) hours per week on a four (4) day workweek, ten (10) hours per day, twenty eight (28) day 7(K) FLSA work period. Employees assigned to suppression assignments shall work an average of fifty-six (56) hours per week pursuant to the current schedule of five (5) twenty-four (24) hour shifts in a fifteen (15) day period with six (6) consecutive days off. Total hours worked in a calendar year will equal two thousand nine hundred and twelve (2912) hours. Employees assigned to non-suppression staff assignments shall work four (4) days per week, ten (10) hours each day, meal times to be included during the ten hour shift. Total hours worked in a calendar year will equal two thousand eighty (2080) hours. B. Compensatory Pay 1. Prior approval to earn accrue compensatory time All employees must gain approval from the Fire Chief in advance of accruing compensatory time. For approved compensatory time, employees working suppression or administrative duties, as approved by the Fire Chief, earn accrue compensatory pay or compensatory time off at time and one half , on an hour for hour basis, for hours worked in addition to their regular schedule, subject to the limitations contained in Article VII.B.3. below. 2. Prior approval to work any hours in addition to regular schedule a. Battalion Chiefs must gain approval to work any hours that are in addition to their regular schedule in advance from a Division Chief. Division Chiefs must gain approval to work any hours that are in addition to their regular schedule in advance from the Fire Chief. 3. Description of Compensatory Pay Benefits a. Compensatory pay is paid at the forty (40) hour hourly rate for each hour. 496 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 12 b. Compensatory time earned can be converted to cash at the employee’s forty (40) hour hourly rate. c. Maximum accrual shall be one hundred sixty (160) hours. ARTICLE IX – HEALTH AND OTHER INSURANCE BENEFITS A. Health The City shall continue to make available group medical, dental, and vision benefits to all Aassociation employees. A copy of the medical, dental, and vision plan brochures may be obtained from the Human Resources OfficeDivision. 1. Effective Date of Coverage An employee and eligible dependent(s) shall become eligible to participate in the City’s health insurance plans described herein. Effective the first of the month following the employee’s date of hire, any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates from employment. All employee contributions shall be deducted on a pre-tax basis. 2. California Public Employees’ Retirement System (CalPERS) Public Employees' Medical and Hospital Care Act (PEMHCA) 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, except as provided in Article VIII(4)(b). In addition, while the City is in CalPERS, its obligations to make payments on behalf of retirees shall be limited to the minimum payment required by law. a. PEMHCA Employer Contributions The City shall contribute on behalf of each employee the mandated minimum sum per month toward the payment of premiums for medical insurance under the PEMHCA program. As the mandated minimum is increased, the City shall make the appropriate adjustments by 497 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 13 decreasing its flex benefits contribution accordingly as defined in the following sub-section. b. Maximum Employer Contributions For the term of this agreement, the City’s maximum monthly employer contribution for each employee’s health and other insurance premiums are set forth as follows: i. The City contribution shall be the sum of the participating Orange County Blue Shield HMO PEMHCA Plan plus the Vision Service Plan (VSP) vision premiums for each of the following categories: a. Employee only (“EE”) b. Employee + one dependent (“EE +1”) c. Employee + two or more dependents (“EE +2”) i. The maximum City contribution shall be based on the employee’s enrollment in each plan. The parties agree that the mandated minimum PEMHCA contribution referenced above in paragraph 2a is included in the sums stated above in this sub-section. 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. ii. Effective the first health insurance deduction following City Council approval of this agreementJanuary[BKM1] 1, 2022, the City’s maximum monthly contribution to PORAC medical premiums shall be: 1. Single - $745.83699.00 2. Two Party - $1,468.951,399.00 3. Family - $1,837.831,750.31 3. iii. Effective January 1, 202317, the City’s maximum monthly contribution in each category shall not increase.be: 1. Single - $769.16 2. Two Party - $1,492.28 3. Family - $1,861.16 iii.iv. Any increase in premiums above the City’s 202316 contribution cap will be the responsibility of the employee. 3. Dental Insurance 498 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 14 The annual maximum benefit for the Delta Dental PPO plan is $2000. a. Effective with the first health insurance deduction following City Council ratification of this agreementJanuary 1, 2022, the maximum City contribution shall be equivalent to the premium for the Delta Dental PPO plan based on the employee’s enrollment of employee only (“EE”), employee plus one dependent (“EE+1”), or employee plus two or more dependents (“EE+2”). b. Effective January 1, 202316, and January 1, 2017, the City contribution shall not increase. Any increase in premiums above the City’s current contribution cap will be the responsibility of the employee. alth Premiums and Contributions Tables in Exhibit E] The City’s maximum monthly employer contributions for health and other insurance premiums are summarized in the tables below. The amounts are inclusive of the CalPERS statutory minimum amount. Table 1. FMA Health Contributions Effective January 1, 2022 Maximum City Contributions Tier Medical Dental PPO Dental HMO Vision Single 745.83 58.00 26.54 23.87 Two-Party 1,468.95 108.40 45.12 23.87 Family 1,837.83 142.90 69.01 23.87 Opt-out 745.83 - - - Table 2. FMA Health Contributions Effective January 1, 2023 Maximum City Contributions Tier Medical Dental PPO Dental HMO Vision Single 769.16 58.00 26.54 23.87 Two-Party 1,492.28 108.40 45.12 23.87 Family 1,861.16 142.90 69.01 23.87 Opt-out 769.16 - - - 499 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 15 4. 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 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 shall use the Unequal Contribution Method to make the mandated minimum allowable City contribution on behalf of each retiree or annuitant. b. Termination of Participation in the CalLPERS PEMHCA program – Impact to Retirees 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 per Resolution No. 2002-120, Exhibit B, to the Memorandum of Understanding shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. 5. Additional Costs for Participation in the PEMHCA Program a. Retiree and/or Annuitant Coverage The Association shall pay to the City an amount equal to $1.00 per month for each additional retiree and/or annuitant in the bargaining unit who elects to participate in the PEMHCA plan but is not 500 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 16 participating in the City sponsored retiree medical program as of the beginning of a pay period after the PEMHCA program is in place. Each January 1st the amount per month paid to the City for each retiree and/or annuitant described above shall increase by the amount PEMHCA requires the City to pay on behalf of each retiree (annuitant). Article VIII (A) (4) (a) above provides an example of expected payments per retiree or annuitant per month. In the event of passage of state legislation, judicial rulings, or CalPERS board actions that increases the mandatory minimum monthly contribution for retirees (annuitants), the Association shall pay an equal amount to the City. Payments shall be made the first of the month (following implementation). If the Association fails to make timely payments for two consecutive months, the City shall implement a decrease in the supplemental benefit contribution to health insurance for each unit employee by an amount equal to the total increased cost paid by the City. (For example, if the increased cost for retirees equals $6,000 per year, the monthly supplemental benefit for each employee will be decreased as follows: $6,000 divided by twelve (months) = $500, which is then divided by the number of employees receiving supplemental benefits). b. 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. 6. Medical OptCash-Out If an employee is covered by a medical programgroup health insurance outside of a City-provided program (evidence of which must be supplied to the Human Resources OfficeDivision, as described below), the employee may elect to discontinue City medical health insurance coverage and receive as taxable compensation, the cash equivalent of the single-party 501 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 17 maximum City contributionCity’s monthly contribution to the PORAC single plan ($699.00), paid bi-weekly. An employee may also elect to discontinue vision coverage. The employee premium paid for vision coverage will be applied toward medical premium. This amount may be deposited into the employee’s deferred compensation account or any other pre-tax program offered by the City. In order to be eligible for the opt-out payment the employee must be able to demonstrate to the City’s satisfaction that they have minimum essential coverage as defined by the Affordable Care Act, (through another source other than coverage in the individual market, whether or not obtained through Covered California) and will not incur penalties under the ACA. B. 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 medical expenses as determined by the Internal Revenue Code. C. Post Retirement Medical Savings Plan The Association may request to reopen this agreement during its term to implement an employee funded, post-retirement medical savings plan, at no cost to the City. D.C. Life and Accidental Death and Dismemberment Each employee shall be provided with $50,000 (fifty thousand) life insurance and $50,000 (fifty thousand) accidental death and dismemberment insurance paid for by the City. Each employee shall have the option, at his/hertheir own expense, to purchase additional amounts of life insurance and accidental death and dismemberment insurance to the extent provided by the City’s current providers. Evidence of insurability is contingent upon total participation in additional amounts. E.D. Long Term Disability Insurance This program provides, for each incident of illness or injury, a waiting period of thirty (30) calendar days, during which the employee may use accumulated sick leave, general leave, or the employee may elect to be in a non-pay status. Subsequent to the thirty (30) day waiting period, the employee will be covered by an insurance plan paid for by the City, providing 66 2/3% (sixty six 502 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 18 and two-third percent) of the first $12,500 (twelve thousand five hundred) of the employee’s basic monthly earnings. The maximum benefit period for disability due to accident or sickness shall be to age 65 (sixty-five). Days and months refer to calendar days and months. Benefits under the plan are integrated with sick leave, Worker’s Compensation, Social Security and other non-private program benefits to which the employee may be entitled. Disability is defined as: “The inability to perform all of the duties of regular occupation during two years, and thereafter the inability to engage in any employment or occupation, for which he is fitted by reason of education, training or experience.” Rehabilitation benefits are provided in the event the individual, due to disability, must engage in another occupation. Survivor’s benefit continues plan payment for three (3) months beyond death. A copy of the plan is on file in the Human Resources Divisionoffice. E. Retiree Medical Trust (RMT) The City authorizes the FMA to participate in a retiree medical plan administered by the PORAC Retiree Medical Trust, with the following conditions: 1. The City and FMA agree that the City shall not provide any contribution to the program. 2. Effective 10/01/2020, City shall withhold $100.00 per month for each represented employee. Thereafter, said withholding shall be in an amount as designated in writing by FMA. Deductions shall be made on the first two pay periods of each month. 3. 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 FMA. Deductions shall be taken on the first two checks of each month. 4. FMA shall pay all associated expenses incurred to participate in this program. 5. Upon request, the FMA shall provide documentation to the City as follows: a. A copy of the in-force employee medical welfare benefit trust fund program; 503 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 19 b. A statement certifying that funds collected are for employee welfare medical benefits for FMA 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 FMA. 6. City shall pay the withheld funds to the PORAC Retiree Medical Trust bi- weekly. 7. All Federal and State laws regarding employee medical welfare benefit trust funds coverage shall be followed. 8. FMA 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 qualified employee welfare benefit trust fund program. 9. Upon retirement of an employee, the City shall transfer to the Trust, an amount equal to the employee’s payout outlined in the City of Huntington Beach Separation Agreement and General Release. The City shall contribute the monies on a pre-tax basis. The monies contributed to the Trust fund shall only be used for retiree health insurance premiums or heath care services expenses. There shall be no employee election to take such amount in cash. 10. The City hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust Office in regard to reporting and depositing the required contributions set forth above. The City will cooperate with the Trust in allowing a payroll audit for the purpose of ascertaining if the proper amount of contributions have been made. F.G. Miscellaneous 1. City Paid Premiums While on Medical Disability 504 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 20 When an employee is off work without pay for reason of medical disability, the City shall maintain the City paid employee’s insurance premiums during the period the employee is in a non-pay status for the length of said leave, not to exceed twenty-four (24) months. 2. Insurance and Benefits Advisory Committee The City and the Association participate in a City-wide joint labor and management insurance and benefits advisory committee to discuss and study issues relating to insurance benefits available for employees. 3. Health Plan Over-Payments Unit employees shall be responsible for accurately reporting the removal of ineligible dependents from health plan coverage. The City shall have the right to recover any premium paid by the City, on behalf of ineligible dependents. Recovery of such over-payments shall be made as follows: a. Reduction of Employee’s Bi-Weekly Salary Warrant The employee’s bi-weekly salary warrant shall be reduced by one- half (1/2) of the amount of the bi-weekly over-payment. Such reduction shall continue until the entire amount of the over- payment is recovered. b. Notice of Ineligible Dependents The City shall use its best efforts to advise all unit employees of their obligation to report changes in the status of dependents, which affect their eligibility. c. Twelve Month Recovery Period The City shall be entitled to recover a maximum of twelve (12) months of premium over-payments. Neither the employee nor the dependent shall be liable to the City other than as provided herein. 505 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 21 ARTICLE X - LEAVE BENEFITS A. General Leave 1. Accrual Employees accrue General Leave at the accrual rates outlined below. General Leave may be used for any purpose, including vacation, sick leave and personal leave. Employees shall accrue General Leave at their appropriate assigned work schedule rate, either forty (40) hour or fifty six (56) hour workweek. In the event of a change in work schedules, which must be at the beginning of a pay period, payroll shall change the accrued General Leave balance and accrual rate based on the new schedule using the conversion factor of .7143. Personnel who change from a fifty-six (56) hour schedule to a forty (40) hour schedule shall multiply the existing General Leave by .7143. Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their existing General Leave by .7143. Years of Service General Leave Accrual 40-Hour Rate General Leave Accrual 56-Hour Rate First through Fourth Year 176 Hours 246.4 Hours Fifth through Ninth Year 200 Hours 280.0 Hours Tenth through Fourteenth Year 224 Hours 313.6 Hours Fifteenth Year and Thereafter 256 Hours 358.4 Hours 2. Eligibility and Approval General Leave must be pre-approved; except for illness, injury or family sickness, which may require a physician’s statement for approval. Accrued General Leave may not be taken prior to six (6) months’ service except for illness, injury or family sickness. General Leave accrued time is to be computed from hiring date anniversary. Employees shall not be permitted to take General Leave in excess of actual time earned. Employees on a forty (40) hour schedule shall not accrue General Leave in excess of six hundred forty (640) hours; fifty- six (56) -hour employees shall not accrue General Leave in excess of eight hundred and ninety six (896) hours. General Leave accumulated in excess of six hundred forty (640) hours for forty (40) hour schedule employees and General Leave 506 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 22 accumulated in excess of eight hundred and ninety six (896) hours for fifty-six (56) hour employees shall be paid at the base hourly rate of pay, on the first pay day following such accumulation. Employees may not use their General Leave to advance their separation date on retirement or other separation from employment. 3. Conversion to Cash Twice during each fiscal year, each employee shall have the option to convert into a cash payment up to a total of one hundred twenty (120) hours of earned General Leave benefits. The employee shall give two (2) weeks advance notice of his/hertheir desire to exercise such option. B. Sick Leave 1. Accrual No employee shall accrue sick leave. 2. Credit Employees assigned to FMA shall carry forward their sick leave balance and shall no longer accrue sick leave credit. 3. Usage Employees may use accrued sick leave for the same purposes for which it was used prior to the employee’s assignment to FMA. 4. Family Sick Leave 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 implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). 5. Pay Off At Termination 507 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 23 a. Employees covered by this agreement and on the payroll on November 20, 1978, shall be entitled to the following sick leave payoff plan: At involuntary termination by reason of industrial or non-industrial disability, or by death, or by retirement, employees shall be compensated at their then current rate of pay for seventy-five percent (75%) of all unused sick leave accumulated as of July 1, 1972, plus fifty percent (50%) of unused sick leave accumulated subsequent to July 1, 1972, up to a maximum of seven hundred twenty (720) hours of unused, accumulated sick leave, except as provided in paragraph 4 below. Upon termination for any other reason, employees shall be compensated at their current forty (40) hour equivalent rate of pay for fifty percent (50%) of all unused, accumulated sick leave. The maximum number of hours paid off at termination will be a total of seven hundred twenty (720) hours. Example: Employee has one thousand nine hundred twenty (1920) hours of accrued sick leave. 1920 hours X 50% = 960 hours. Maximum pay off is seven hundred twenty (720) hours. Pay off = 720 hours X employee’s current forty (40) hour equivalent pay rate. b. Employees hired after November 20, 1978, shall be entitled to the following sick leave payoff plan: Upon termination, all employees shall be paid, at their then current forty (40) hour equivalent rate, for twenty-five percent (25%) of unused, earned sick leave to four hundred eighty (480) hours accrued, and for thirty-five percent (35%) of all unused, earned sick leave in excess of four hundred eighty (480) hours, but not to exceed seven hundred twenty (720) hours, except as provided in paragraph 4 below. c. Except as provided in paragraph 4 below, no employee shall be paid at termination for more than seven hundred twenty (720) hours of unused, accumulated sick leave. However, employees may utilize accumulated sick leave on the basis of “last in, first out” meaning that sick leave accumulated in excess of the maximum for payoff may be utilized first for sick leave, as defined in Personnel Rule 18-8. 508 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 24 d. Employees who had unused, accumulated sick leave in excess of seven hundred twenty (720) hours as of July 5, 1980, shall be compensated for such excess sick leave remaining on termination under the formulas described in paragraphs a and b above. In no event shall any employee be compensated upon termination for any accumulated sick leave in excess of the “cap” established by this paragraph (i.e., 720 hours plus the amount over seven hundred twenty (720) hours existing on July 5, 1980). Employees may continue to utilize sick leave accrued after that date in excess of such “cap” on a “last in, first out” basis. e. To the extent that any “capped” amount of excess sick leave over seven hundred twenty (720) hours is utilized, the maximum compensable amount shall be correspondingly reduced. (Example: Employee had one thousand (1,000) hours accumulated. Six months after July 5, 1980, employee has accumulated another forty eight (48) hours. Employee is then sick for one hundred (120) hours. Employee’s maximum sick leave “cap” for compensation at termination is now reduced by seventy two (72) hours to nine hundred twenty-eight (928) hours. C. Bereavement Leave Employees assigned to the forty (40) hour work week shall be entitled to Bereavement Leave not to exceed thirty (30) work hours in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, registered domestic partner, children, grandfather, grandmother, stepfather, stepmother, step grandfather, step grandmother, grandchildren, stepsisters, stepbrothers, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of which the employee is the legal guardian. Employees assigned to the fifty-six (56) hour work week for suppression assignments shall be entitled to Bereavement Leave not to exceed forty- eight (48) work hours in each instance of death in the immediate family., as defined above. 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- 509 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 25 law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of which the employee is the legal guardian. ARTICLE XI – CITY RULES The City's Personnel Rules are incorporated into this Agreement by reference as though set forth in full. 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 XII -- MISCELLANEOUS A. Vehicle Policy 1. Approval is required by the City Manager or his/hertheir designee for any City vehicle to be taken home by an employee. 2. The auto allowance for qualifying employees shall be one hundred sixty-one dollars and fifty-three cents ($161.53) bi-weekly. 3. The monthly automobile allowance shall not be reduced during the term of this agreement. 4. Eligibility for automobile allowance and the use of City vehicles shall be determined in accordance with the Administrative Regulation, Vehicle Use Policy and the City’s Fleet Management Program. 5. Only employees that reside within thirty five (35) miles of the City’s limits may be assigned a City vehicle. An employee assigned a vehicle may be required to be able to report directly to work or any emergency situation, at the direction of the Fire Chief or his/hertheir designee. Use of the assigned vehicle for more than minimal personal use is not authorized. Employees assigned a City vehicle pursuant to this section shall participate in the DMV Pull Notice program. B. Deferred Compensation Loan Program 510 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 26 Employees may borrow up to fifty percent (50%) of their deferred compensation funds for critical needs, such as medical costs, college tuition, or purchase of a home, pursuant to program standards and regulations. C. Association Business An allowance of fifty (50) hours per year shall be established for the purpose of allowing authorized representatives of the Association to represent employees in their employment relations. D. Modified Return To Work Policy The City and Association agree to meet and confer during the term of this agreement to establish a modified return to work policy for employees who experience an industrial or non-industrial injury or illness. E. Controlled Substance and Alcohol Testing The City maintains the right to conduct a controlled substance and/or alcohol test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace. F. Grievance Hearing Officer Fees The City and Association agree that for any personnel matter, pursuant to Personnel Rules 19 and 20, whereby a hearing officer is mutually agreed upon to render an opinion, the hearing officer costs shall be shared equally by the City and Association. G. Employer-Employee Relations Resolution During the term of this agreement, the City and the Association agree to meet and confer to update the Employer Employee Relations Resolution to reflect current state law. H. Alternative Dispute Resolution Agreement The Alternative Dispute Resolution (ADR) agreement between the City and FMA as executed on April 1, 2013, and amended on December 16, 2019, is herein referenced as Exhibit D. 511 FIRE MANAGEMENT ASSOCIATION FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 27 ARTICLE XIII - CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or effect whatsoever unless and until adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this ____ day of ____________, 20162021. CITY OF HUNTINGTON BEACH HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION Oliver Chi City Manager Martin Ortiz FMA President Travis Hopkins Assistant City Manager Tim Andre FMA Vice-President Brittany Mello Interim Administrative Services Director of APPROVED AS TO FORM: Michael Gates City Attorney 512 FIRE MANAGEMENT ASSOCIATION EXHIBIT A – SALARY SCHEDULE FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 28 Fire Management Association Salary Schedule 3.0% Effective September 24, 2016 40-Hour Rate Job Code Classification Pay A B C D E Grade 0031 Fire Battalion Chief FMA031 70.44 74.31 78.40 82.71 87.27 0026 Fire Division Chief FMA026 81.29 85.75 90.46 95.45 100.69 0032 Marine Safety Division Chief FMA032 53.94 56.91 60.04 63.33 66.83 56-Hour Rate Job Code Classification Pay A B C D E Grade 0031 Fire Battalion Chief FMA031 50.32 53.09 56.01 59.08 62.34 0026 Fire Division Chief FMA026 58.07 61.25 64.62 68.18 71.91 0032 Marine Safety Division Chief FMA032 38.53 40.65 42.89 45.24 47.74 Monthly Rate Job Code Classification Pay A B C D E Grade 0031 Fire Battalion Chief FMA031 12,209.60 12,880.40 13,589.33 14,336.40 15,126.80 0026 Fire Division Chief FMA026 14,090.27 14,863.33 15,679.73 16,544.67 17,452.93 0032 Marine Safety Division Chief FMA032 9,349.60 9,864.40 10,406.93 10,977.20 11,583.87 513 FIRE MANAGEMENT ASSOCIATION EXHIBIT A – SALARY SCHEDULE FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 29 Effective the Beginning of the Pay Period Including July 1, 2021 40 Hour Rate (Hourly) Job No Job Description Range A B C D E F G 31 Fire Battalion Chief 248 65.41 68.68 72.12 75.72 79.51 83.48 87.66 26 Fire Division Chief 262 75.19 78.95 82.90 87.04 91.39 95.96 100.76 32 Marine Safety Division Chief 221 50.00 52.50 55.13 57.88 60.78 63.82 67.01 56 Hour Rate (Hourly) Job No Job Description Range A B C D E F G 31 Fire Battalion Chief 248 46.72 49.06 51.51 54.09 56.79 59.63 62.61 26 Fire Division Chief 262 53.71 56.39 59.21 62.17 65.28 68.54 71.97 32 Marine Safety Division Chief 221 35.71 37.50 39.38 41.34 43.41 45.58 47.86 Monthly Rate Job No Job Description Range A B C D E F G 31 Fire Battalion Chief 248 11,338.01 11,904.91 12,500.15 13,125.16 13,781.42 14,470.49 15,194.01 26 Fire Division Chief 262 13,032.75 13,684.38 14,368.60 15,087.03 15,841.38 16,633.45 17,465.12 32 Marine Safety Division Chief 221 8,666.82 9,100.16 9,555.16 10,032.92 10,534.57 11,061.30 11,614.36 514 FIRE MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 30 An employee who has retired from the City and meets the plan participation requirements shall receive a monthly Service Credit Subsidy to reimburse the retiree for the payment of qualified medical expenses incurred for the purchase of medical insurance. 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 the occurrence of any one of the following: a. On the first of the month in which a retiree or dependent reaches age sixty five (65) or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City’s obligation to pay 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/hertheir 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 Huntington Beach. Said service must be continuous unless prior service is reinstated at the time of his/hertheir rehire in accordance with the City’s Personnel Rules. 515 FIRE MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 31 To receive the Service Credit Subsidy retirees are required to purchase medical insurance from City sponsored plans. The City shall have the right to require 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 premium for health insurance of $120 (one hundred twenty). 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 exceeds ten (10) continuous years of regular (permanent) service immediately prior to retirement shall be entitled to a maximum monthly Service Credit Subsidy by the City for each year of completed City service as follows: 516 FIRE MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 32 Maximum Service Credit Subsidy Retirements After: Years of Service Service Credit Subsidy 10 $ 120 11 135 12 150 13 165 14 180 15 195 16 210 17 225 18 240 19 255 20 270 21 285 22 299 23 314 24 329 25 344 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). Article VIII(A)(4)(a) provides an example of expected reductions per retiree per month. 8. Medicare 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/hertheir 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. 517 FIRE MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 33 c. When a retiree at age 65 is eligible for paid Part A of Medicare and his/hertheir 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/hertheir 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. 518 FIRE MANAGEMENT ASSOCIATION EXHIBIT C – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 34 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. Employees who accrue Vacation, General Leave or Exempt Compensatory Time may donate such leave to another 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 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 Exempt Compensatory Time, 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. Exempt Compensatory Time 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 salary during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted 519 FIRE MANAGEMENT ASSOCIATION EXHIBIT C – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 35 into a dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient’s hourly wage. An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. Employees wanting to make donations will submit an Authorization for Donation to Payroll in the Finance Department. 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. Other Please contact the Human Resources Department Division on questions regarding staff participation in this program. 520 FIRE MANAGEMENT ASSOCIATION EXHIBIT C – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 36 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 Exempt Compensatory Time. MY SIGNATURE CERTIFIES THAT: • A Leave of absence in relation to a catastrophic illness or injury has been approved by my department; and • I am not receiving disability benefits or Workers' Compensation payments. Name: (Please Print or Type: Last, First, MI) Work Phone: Department: Job Title: Employee ID#: Requester Signature: Date: Department Director Signature of Support: Date: Human Resources Department 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 Administrative Services Director Signature: Date signed: 521 FIRE MANAGEMENT ASSOCIATION EXHIBIT C – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 37 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 Exempt 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, Exempt Compensatory Time 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. 522 FIRE MANAGEMENT ASSOCIATION EXHIBIT D– ALTERNATIVE DISPUTE RESOLUTION AGREEMENT FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 38 LABOR MANAGEMENT WORKERS’ COMPENSATION ALTERNATIVE DISPUTE RESOLUTION AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE FIRE MANAGEMENT ASSOCIATION This Labor Management Alternate Dispute Resolution Agreement (“Agreement”) entered into by and between the City of Huntington Beach (“City”) and the Fire Management Association (“FMA”) 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(c)©. Now, therefore, in consideration of the mutual terms, covenants and conditions herein, the parties agree as follows: 523 FIRE MANAGEMENT ASSOCIATION EXHIBIT D– ALTERNATIVE DISPUTE RESOLUTION AGREEMENT FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 39 Article II. Term of Agreement The City and FMA 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 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 Workers’ 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. Retirees 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. 524 FIRE MANAGEMENT ASSOCIATION EXHIBIT D– ALTERNATIVE DISPUTE RESOLUTION AGREEMENT FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 40 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 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 FMA. 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. 525 FIRE MANAGEMENT ASSOCIATION EXHIBIT D– ALTERNATIVE DISPUTE RESOLUTION AGREEMENT FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 41 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/shethey breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. G. Appointments. 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/hertheir 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/hertheir 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. 526 FIRE MANAGEMENT ASSOCIATION EXHIBIT D– ALTERNATIVE DISPUTE RESOLUTION AGREEMENT FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 42 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. H. Industrial Disability Retirements a. The City and FMA recognize that the ADR process can also be utilized to obtain a competent medical opinion as it relates to determining an employee’s eligibility for an Industrial Disability Retirement (IDR), pursuant to California Government Code Sections 21154 and 21156(a)(2). b. Pursuant to the guidelines outlined in Article IV of this Agreement, the City and the FMA shall meet and confer to identify an agreed-upon listing of IMEs to serve as the competent medical examiner in reviewing the employee’s eligibility for an IDR. I. Use of IME When Medical Disputes Exist a. 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). b. Furthermore, City and FMA agree that IME reports will be admissible in any proceeding and / or hearing involving an injured employee. 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 impact(s) to the City and/or the FMA 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 527 FIRE MANAGEMENT ASSOCIATION EXHIBIT D– ALTERNATIVE DISPUTE RESOLUTION AGREEMENT FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 43 covered by Labor Code section 5710. There will be no attorney’s fees for doctor’s depositions. Article VI. General Provisions 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 parties 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. 528 FIRE MANAGEMENT ASSOCIATION EXHIBIT E – HEALTH PREMIUMS AND CONTRIBUTIONS FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 44 City of Huntington Beach 2016 Health Premiums and Contributions Effective 1/1/2016 FMA (Employees who enrolled in Medical and Vision plans) Plan Tier Monthly Premium Employer Monthly Contributions Employee Monthly Contributions Employee Bi-Weekly Contributions PERS Anthem HMO Select Single 634.75 498.73 136.02 62.78 Two-Party 1,269.50 997.47 272.03 125.55 Family 1,650.35 1,296.70 353.65 163.22 PERS Anthem HMO Traditional Single 710.79 498.73 212.06 97.87 Two-Party 1,421.58 997.47 424.11 195.74 Family 1,848.05 1,296.70 551.35 254.47 PERS Blue Shield Access+ Single 654.87 498.73 156.14 72.06 Two-Party 1,309.74 997.47 312.27 144.12 Family 1,702.66 1,296.70 405.96 187.37 PERS Blue Shield NetValue Single 666.35 498.73 167.62 77.36 Two-Party 1,332.70 997.47 335.23 154.72 Family 1,732.51 1,296.70 435.81 201.14 PERS Health Net Salud y Mas Single 535.98 498.73 37.25 17.19 Two-Party 1,071.96 997.47 74.49 34.38 Family 1,393.55 1,296.70 96.85 44.70 PERS Health Net SmartCare Single 596.98 498.73 98.25 45.35 Two-Party 1,193.96 997.47 196.49 90.69 Family 1,552.15 1,296.70 255.45 117.90 PERS Kaiser Single 605.05 498.73 106.32 49.07 Two-Party 1,210.10 997.47 212.63 98.14 Family 1,573.13 1,296.70 276.43 127.58 PERS UnitedHealthcare Single 493.99 493.99 0.00 0.00 Two-Party 987.98 987.98 0.00 0.00 Family 1,284.37 1,284.37 0.00 0.00 PERS Choice Single 683.71 498.73 184.98 85.38 Two-Party 1,367.42 997.47 369.95 170.75 Family 1,777.65 1,296.70 480.95 221.98 PERS Select Single 625.20 498.73 126.47 58.37 Two-Party 1,250.40 997.47 252.93 116.74 Family 1,625.52 1,296.70 328.82 151.76 PERS Care Single 761.50 531.53 229.97 106.14 Two-Party 1,523.00 1,063.07 459.93 212.28 Family 1,979.90 1,381.98 597.92 275.96 529 FIRE MANAGEMENT ASSOCIATION EXHIBIT E – HEALTH PREMIUMS AND CONTRIBUTIONS FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 45 Plan Tier Monthly Premium Employer Monthly Contributions Employee Monthly Contributions Employee Bi-Weekly Contributions PORAC Single 699.00 503.33 195.67 90.31 Two-Party 1,399.00 955.83 443.17 204.54 Family 1,789.00 1,214.31 574.69 265.24 Delta Dental PPO Single 58.10 58.00 0.10 0.05 Two-Party 108.60 108.40 0.20 0.09 Family 143.20 142.90 0.30 0.14 Delta Care HMO Single 30.11 26.54 3.57 1.65 Two-Party 51.19 45.12 6.07 2.80 Family 78.29 69.01 9.28 4.28 VSP Vision Single 25.12 23.87 1.25 0.58 Two-Party 25.12 23.87 1.25 0.58 Family 25.12 23.87 1.25 0.58 Medical Opt Out Benefit: $200.00 per month ($92.31 bi-weekly) CalPERS PEMHCA 2016 employer contribution: $125.00 per month ($57.69 bi-weekly) Employee and City contributions subject to change as a result of contract negotiations Other Southern California Region: Fresno, Imperial, Inyo, Kern, Kings, Madera, Riverside, Orange, San Diego, San Luis Obispo, Santa Barbara, Tulare 530 FIRE MANAGEMENT ASSOCIATION EXHIBIT E – HEALTH PREMIUMS AND CONTRIBUTIONS FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 46 City of Huntington Beach 2016 Health Premiums and Contributions TBD - Effective with the first health insurance deduction following City Council approval FMA (Employees who enrolled in Medical and Vision plans) Plan Tier Monthly Premium Employer Monthly Contributions Employee Monthly Contributions Employee Bi-Weekly Contributions PERS Anthem HMO Select Single 634.75 498.73 136.02 62.78 Two-Party 1,269.50 997.47 272.03 125.55 Family 1,650.35 1,296.70 353.65 163.22 PERS Anthem HMO Traditional Single 710.79 498.73 212.06 97.87 Two-Party 1,421.58 997.47 424.11 195.74 Family 1,848.05 1,296.70 551.35 254.47 PERS Blue Shield Access+ Single 654.87 498.73 156.14 72.06 Two-Party 1,309.74 997.47 312.27 144.12 Family 1,702.66 1,296.70 405.96 187.37 PERS Blue Shield NetValue Single 666.35 498.73 167.62 77.36 Two-Party 1,332.70 997.47 335.23 154.72 Family 1,732.51 1,296.70 435.81 201.14 PERS Health Net Salud y Mas Single 535.98 498.73 37.25 17.19 Two-Party 1,071.96 997.47 74.49 34.38 Family 1,393.55 1,296.70 96.85 44.70 PERS Health Net SmartCare Single 596.98 498.73 98.25 45.35 Two-Party 1,193.96 997.47 196.49 90.69 Family 1,552.15 1,296.70 255.45 117.90 PERS Kaiser Single 605.05 498.73 106.32 49.07 Two-Party 1,210.10 997.47 212.63 98.14 Family 1,573.13 1,296.70 276.43 127.58 PERS UnitedHealthcare Single 493.99 493.99 0.00 0.00 Two-Party 987.98 987.98 0.00 0.00 Family 1,284.37 1,284.37 0.00 0.00 PERS Choice Single 683.71 498.73 184.98 85.38 Two-Party 1,367.42 997.47 369.95 170.75 Family 1,777.65 1,296.70 480.95 221.98 PERS Select Single 625.20 498.73 126.47 58.37 Two-Party 1,250.40 997.47 252.93 116.74 Family 1,625.52 1,296.70 328.82 151.76 531 FIRE MANAGEMENT ASSOCIATION EXHIBIT E – HEALTH PREMIUMS AND CONTRIBUTIONS FMA MOU October 1, 2015July 1, 2021 through December 31, 2023September 30, 2017 Page 47 532 City of Huntington Beach File #:21-898 MEETING DATE:11/16/2021 Submitted by Mayor Carr and Councilmember Kalmick - Proposal to create a new position of Chief of Staff to better support City Council activities It is recommended that the City Council vote to direct the City Manager to develop a job class specification establishing a “Chief of Staff” position modeled after the same role in Costa Mesa for City Council approval. City of Huntington Beach Printed on 11/10/2021Page 1 of 1 powered by Legistar™533 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: THE HONORABLE CITY COUNCIL FROM: DAN KALMICK, CITY COUNCIL MEMBER KIM CARR, Mayor DATE: NOVEMBER 16, 2021 SUBJECT: PROPOSAL TO CREATE A NEW POSITION OF CHIEF OF STAFF TO BETTER SUPPORT CITY COUNCIL ACTIVITIES Over the past several years, as the Huntington Beach has instituted dynamic programs and emerged as an organization leading on various fronts in Orange County, the responsibilities, expectations, and roles of the Mayor and City Council have grown more complex. As the 4th largest city in Orange County, with a population of over 200,000, council members face increased demands from constituents, and it has become clear that providing the council with additional staff support would help ensure better, more responsive service to the community. To that end, several nearby cities – including Costa Mesa and other Orange County cities – have established full-time Chief of Staff positions to provide day-to-day constituent and policy development support for the Mayor and for the City Council, on an as needed. In particular, the Chief of Staff position in Costa Mesa (see attached job flyer) reports to the City Manager, and is a role that has responsibility for managing and prioritizing constituent services; meeting requests and communications; community outreach and events; research and data gathering for Council-led agenda items; briefings with City Council; and general projects and assignments as requested. Given the evolving complexity of the role of the Mayor and City Council here in Huntington Beach, it would be prudent to consider establishing such a Chief of Staff position here to provide similar levels of support for the city council. RECOMMENDED ACTION It is recommended that the City Council vote to direct the City Manager to develop a job class specification establishing a “Chief of Staff” position modeled after the same role in Costa Mesa for City Council approval. 534 THE CITY OF COSTA MESA invites applications for Chief of Staff to the Mayor and City Council (Senior Management Analyst-Confidential) FULL-TIME SALARY: CURRENT: $69,588 – $93,252 per year EFFECTIVE JULY 7, 2019: $71,508 - $95,832 per year City Council Aide (Management Aide-Confidential) PART-TIME SALARY: CURRENT: $27.71 – $37.13 per hour EFFECTIVE JULY 7, 2019: $28.47 - $38.15 per hour APPLY BY: FRIDAY, DECEMBER 14, 2018, 5:00 P.M. THE CITY OF COSTA MESA IS AN EQUAL OPPORTUNITY EMPLOYER 535 The Positions CHIEF OF STAFF TO THE MAYOR AND CITY COUNCIL (Senior Management Analyst−Confidential) The full-time Chief of Staff to the Mayor and City Council will be responsible for managing constituent services, legislative research and analysis, coordination with Federal and State offices, special projects and ensuring the Mayor and Councilmembers are fully briefed and prepared for council meetings, press events, and community meetings. Duties include: Project Management: Works with the Mayor and Councilmembers to set SMART goals (Strategic, Measurable, Achievable, Relevant, and Time bound) and priorities, and works with staff to implement work plans that achieve the goals. Tracks progress weekly, sets project specific meetings including the team, ensures successful projects, provides status reports to the Mayor and Councilmembers and tracks impacts of completed projects. Responds to any items of urgency and is responsible for notifying the Mayor and Councilmembers. Council Agenda: Ensures the Mayor and Councilmembers review agenda one week prior to meeting, works with the Mayor and Councilmembers on all agenda items, ensures the Mayor and Councilmembers staff reports are prepared thoroughly and that any agenda item questions are answered. Budget: Prepares and monitors the office's budget, including processing check requests, monitoring balances, and planning annual budget, as well as managing unexpected variables; monitors and researches items in City budget. Provides a quarterly report to the Mayor and Councilmembers to assess budget priorities. Constituent Services: Manages Management Aides to respond promptly to constituent complaints or inquiries by gathering information, coordinating with city staff or others; discusses constituent complaints or inquiries with the Mayor or Councilmembers and receives direction; responds to constituent via letter, phone, or e-mail; researches and follows up on status of projects or pending issues. Attends meetings, neighborhood association meetings, special meetings on urgent issues in the community, and others of a variable nature; represents the Mayor and/or Councilmembers at a wide variety of meetings both during workday and evening, as required. Communications: Assists with and manages Management Aides in the review of emails, preparation of responses and ensures messaging is consistent, and is responsible for producing one pagers to be shared with constituents on important community issues. Assists the PIO, Event Coordinator, Mayor, Councilmembers and other staff with special events, preparing articles for local media, and constituent communication as required. Ensures the Mayor and Councilmembers have bullet point talking points for every public speaking occasion. Performs other or related duties as assigned. COUNCIL AIDE (Management Aide−Confidential) The part-time Council Aides will work up to 20 hours per week and assist City Councilmembers with constituent services, outreach, response to requests, research and analysis, assists with agenda packet review and perform other related duties assigned. Qualifications Senior Management Analyst−Confidential Responsible professional experience equivalent to five years of full-time experience in a public agency performing analytical work. Graduation from an accredited four-year college or university with major coursework in business administration, public administration, or a closely-related field. A Master’s, Master of Business Administration or Juris Doctorate degree or current enrollment in any of these programs may substitute for two years of experience. Management Aide−Confidential Previous administrative work experience in a public agency is desirable. Graduation from an accredited four-year college or university with major coursework in business administration, public administration, or a closely-related field; or current enrollment in a four-year college or university as a junior or senior with major coursework in business administration, public administration, or a closely-related field. Requisite Knowledge, Skills, and Abilities Knowledge of the principles and practices of administration including program monitoring, personnel policy, project measurement and control administration. Knowledge of municipal operations, procedures, policies, laws, objectives and organization. Knowledge of research methods and techniques, statistical and work measurements, and standards development and implementation. Knowledge of modern office practices, procedures and equipment. Knowledge of recordkeeping techniques and procedures. Knowledge of correct English usage, grammar, spelling, punctuation and vocabulary. Knowledge of budget systems and procedures. Skill in using a computer and Microsoft Office programs. Ability to interpret specific rules, laws and policies and apply them in a variety of procedural situations. Ability to perform responsible and difficult administrative work with accuracy, speed and initiative. Ability to conduct analytical studies and surveys. Ability to prepare analytical reports and critiques of both policy and administrative matters. Ability to communicate effectively and present technical information succinctly in an interesting manner both orally and in writing. Ability to analyze situations accurately and adopt an effective course of action. Ability to establish and maintain effective working relationships with staff, city officials, representatives of other agencies, community leaders and the general public. Ability to organize workload to ensure responsibilities are carried out in a timely manner. Ability to attend Council, commision and/or committee meetings after hours. 536 Management Aide-Confidential Part-time Pay and Benefits: Current: $27.71 – $37.13 per hour Effective July 7, 2019: $28.47 - $38.15 per hour Part-time employees are appointed by and serve at the will of the Department Director/City of Costa Mesa. Retirement- Part-time employees participate in either Public Agency Retirement System (PARS) or the California Public Employees Retirement System (CalPERS). Employees enrolled in PARS contribute 3.75% of salary with a matching City contribution. Employees enrolled in CalPERS contribute 6.75 - 10.469% of salary depending on elibigility. General Leave- Certain part-time positions are eligible to receive general leave benefits that can be used for sick, vacation, or holiday time. Direct Deposit- As a condition of employment, all new employees are required to participate in the direct deposit program. Compensation & Benefits Senior Management Analyst-Confidential Full-time Pay and Benefits: Current: $69,588 – $93,252 per year Effective July 7, 2019: $71,508 - $95,832 per year Retirement- New employees contribute 12% of their salary on a pre-tax basis towards the 2%@60 or 2%@62 CalPERS retirement formula depending on eligibility. The City does not participate in the Social Security system; however, federal mandate requires new employees to contribute 1.45% of wages to Medicare. Health Insurance- Employees receive the following health insurance flexible benefits contribution: Current: $1,300 monthly Effective July 7, 2019: $1,400 monthly Long Term Disability (LTD) Insurance- Insurance administered through CIGNA with a maximum monthly amount of $7,000. Life Insurance- The City offers a $50,000 term life insurance policy. Supplemental life insurance, short-term disability, accident and/or cancer insurance is available at the employee’s option. AD&D Insurance- The City offers a $50,000 accidental death and dismemberment insurance policy. Deferred Compensation- Voluntary contributions up to $19,000 per year for 2019. Holidays- 96 hours per year (includes 16 floating holiday hours). Vacation- Initially, 40 hours per year. This amount increases to 80 hours per year for the second year of service, and increases to a maximum of 120 hours per year in the sixth year of service and beyond (maximum accrual of 320 hours). Sick Leave- 192 hours of available sick time are granted to each new employee. July 1 of each year, the Sick Leave Bank is augmented with a maximum of 96 hours of credited sick leave, but in no case shall the annual augmentation result in more than 192 hours in the Sick Leave Bank. Bilingual Pay- After qualifying, employees may be eligible to receive 2.5% or 5% over assigned pay rate for bilingual pay. Tuition Reimbursement- Up to a maximum of $1,250 per fiscal year. See MOU for specific requirements. Direct Deposit- As a condition of employment, all new employees are required to participate in the direct deposit program. *For a complete listing of available benefits, please review the “Benefits Summary” on the Human Resources section of our website at: www.costamesaca.gov 537 Community Profile The City of Costa Mesa—just one mile from the Pacific Coast in the heart of Orange County—is one of California’s most eclectic and vibrant cities. The city is home to South Coast Plaza, one of the nation’s largest shopping centers, and the world-class Segerstrom Center for the Arts and South Coast Repertory theatre. Costa Mesa is also the capitol of the action sports industry and the headquarters for companies such as Hurley International, Volcom, RVCA, Rip Curl, and Vans. The city’s diverse dining scene has earned Costa Mesa the award from Rand/McNally and USA Today as being the best small town for restaurants west of the Mississippi River. Costa Mesa’s creative bent has given rise to The Lab and The Camp, two counter-culture retail developments, and the SoCo Collection, a cutting edge, environmentally friendly shopping center. Costa Mesa encompasses 16 square miles and has a population of about 110,000. Since its incorporation in 1953, Costa Mesa has evolved from a semi-rural farming community of 15,000 to a city with robust local economy that generates tax revenues of about $100 million annually. Costa Mesa offers 28 parks, two municipal golf courses, 20 public schools and three libraries. Orange Coast College, Coastline Community College, Vanguard University, and Whittier Law School have their campuses in Costa Mesa. The Orange County Fair and Event Center is also within the city limits. Costa Mesa residents enjoy a mild Southern California climate. The City's location provides easy access to many of Southern California's major attractions, including beaches, mountain areas, high and low deserts, Disneyland, Knott's Berry Farm, Palm Springs and Los Angeles. Selection Procedure To be considered for this opportunity, candidates must submit an application on-line via the City’s website: www.costamesaca.gov (Click on “Employment Opportunities”). Candidates must upload a detailed resume into their on-line application. A select number of candidates with the most relevant qualifications will then be invited to participate in the next phase of the selection process. The application filing date is: Friday, December 14, 2018 at 5:00 p.m. Please notify the Human Resources Division 72 hours in advance of the test date if you have a disability, which requires accommodation for the testing process. All employment offers made by the City are contingent upon establishing proof of a perspective candidate’s legal authorization to work in the United States and successfully passing a comprehensive background investigation and post-offer medical examination. All new employees will be fingerprinted as part of the employment process and a background investigation and/or criminal check will be conducted with the Department of Justice. The City of Costa Mesa is an Equal Opportunity Employer. References will not be checked without prior permission. The Organization The Costa Mesa City Council just expanded from a five-member City Council to a seven-member City Council as a result of this last election. Further, the City now has its first directly elected Mayor. The City provides services through eight departments that include: City Manager, Development Services, Finance, Fire and Rescue, Information Technology, Police, Parks and Community Services and Public Services. City services are delivered with the assistance of 475 budgeted full-time staff and the General Fund budget of $124.4 million for FY 2018-19. The City’s capital improvement program has allocated $16.9 million to include improvements of streets, curbs, sidewalks, parks, and traffic signals. WWW.COSTAMESACA.GOV 538 City of Huntington Beach File #:21-900 MEETING DATE:11/16/2021 Submitted by Mayor Pro Tem Delgleize - Adopt an Ordinance to prohibit the unlawful possession of Catalytic Converters Direct the City Manager, Police Chief, and City Attorney to draft an ordinance to prohibit the unlawful possession of catalytic converters and present it to the City Council for further consideration. City of Huntington Beach Printed on 11/10/2021Page 1 of 1 powered by Legistar™539 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BARBARA DELGLEIZE, MAYOR PRO TEM DATE: NOVEMBER 16, 2021 SUBJECT: ADOPT AN ORDINANCE TO PROHIBIT THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS California currently leads the nation in catalytic converter thefts, which have increased significantly over the past year. According to a report by State Farm Insurance, more than 3 out of 10 claims for catalytic converter thefts are filed in California, and thefts have risen nationally by 293% in Fiscal Year 2020-21. Catalytic converters can be found underneath a vehicle and reduce the amount of pollutants released from the exhaust system. However, the precious metals contained inside this auto part (i.e. platinum, palladium or rhodium) make them a valuable commodity on the black market, and the speed with which it can be removed make them an easy and lucrative target. These thefts create major financial and logistical burdens for our community members, and here in Huntington Beach, the Police Department is well-aware of this trend. Officers have hosted multiple public events to etch identification numbers onto catalytic converters, making them traceable and less attractive on the black market. HBPD has also paired this program with regular outreach and education about parking vehicles in well-lit areas and installing protective cages. However, it remains difficult to halt the transportation, sale and distribution of catalytic converters within the City’s existing laws. Police Officers who spot an individual in possession of an unattached catalytic converter are currently unable to ask for proof of ownership. While preventative measures are enormously helpful, I believe the City can utilize municipal tools to help reduce the illegal distribution of catalytic converters after they are stolen. An ordinance that allows our Police Officers to require proof of ownership for unattached catalytic converters is one step that the City can take to slow this costly trend. RECOMMENDED ACTION Direct the City Manager, Police Chief, and City Attorney to draft an ordinance to prohibit the unlawful possession of catalytic converters and present it to the City Council for further consideration. 540 City of Huntington Beach File #:21-899 MEETING DATE:11/16/2021 Submitted by Councilmembers Kalmick and Moser - Consider implementing a study to identify Street Segments eligible for Speed Limit Reductions under AB 43 (Friedman) It is recommended that the City Council direct the City Manager coordinate a citywide assessment to identify a list of qualifying streets that are recommended for speed limit reductions, with priority given to streets that have a history of fatal and severe injury collisions. City of Huntington Beach Printed on 11/10/2021Page 1 of 1 powered by Legistar™541 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: DAN KALMICK, CITY COUNCIL MEMBER NATALIE MOSER, CITY COUNCIL MEMBER DATE: NOVEMBER 16, 2021 SUBJECT: CONSIDER IMPLEMENTING A STUDY TO IDENTIFY STREET SEGMENTS ELIGIBLE FOR SPEED LIMIT REDUCTIONS UNDER AB 43 (FRIEDMAN) Drivers of speeding vehicles are known to increase the deadliness of on-street crashes, particularly when they involve unprotected pedestrians and bicyclists. As communities trend towards more walkable neighborhoods and alternate modes of non-motorized transit, it has become imperative to prioritize the safety of our most vulnerable users (i.e. children, people with disabilities, seniors) over the speed of drivers. However, the state continues to support and enforce raised limits, based on a guideline known as the 85th Percentile Rule. This rule allows traffic engineers to conduct speed surveys and set speed limits at or below which 85 percent of vehicles drive, as opposed to the speed that facilitates safe non-motorized travel in and around our roadways. The 85th Percentile Rule has made it difficult for local jurisdictions to lower speed limits and make them enforceable, and State legislators have recently taken notice. AB 43 (Friedman) was recently signed into law, permitting cities to lower speed limits on their own accord and prioritize the safety of vulnerable pedestrians and bicyclists. It also allows the City to maintain and enforce existing safe speed limits and roll back speed limit increases and make them enforceable, regardless of the 85th Percentile Rule. In anticipation of this bill taking effect on January 1, the City has the opportunity to identify street segments that are eligible for speed limit reductions and institute recommendations where reducing vehicular speed limits would promote greater public safety, particularly for non-motorists. RECOMMENDED ACTION It is recommended that the City Council direct the City Manager coordinate a citywide assessment to identify a list of qualifying streets that are recommended for speed limit reductions, with priority given to streets that have a history of fatal and severe injury collisions. 542