Loading...
HomeMy WebLinkAbout2022-01-18 Agenda Packet - Virtual-Revised AGENDA – Revised City Council/Public Financing Authority Regular Meeting Tuesday, January 18, 2022 Closed Session – 5:00 PM Regular Meeting – 6:00 PM MAYOR AND CITY COUNCIL BARBARA DELGLEIZE, Mayor MIKE POSEY, Mayor Pro Tem RHONDA BOLTON, Councilmember KIM CARR, Councilmember DAN KALMICK, Councilmember NATALIE MOSER, Councilmember ERIK PETERSON, Councilmember Virtual Location Huntington Beach, CA STAFF SEAN JOYCE, Interim City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer PUBLIC PARTICIPATION/ZOOM ACCESS: In keeping with the Governor’s mandate to limit in-person gatherings that can spread COVID-19, the Tuesday, January 18, 2022 meeting of the Huntington Beach City Council will be held virtually. 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 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 January 18, 2022City Council/Public Financing Authority 5:00 PM - VIRTUAL LOCATION CALL TO ORDER ROLL CALL Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) - At approximately 5:00 PM, individuals wishing to provide a comment on item(s) scheduled for Closed Session may do so 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. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. RECESS TO CLOSED SESSION CLOSED SESSION 22-0371.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Hernandez (Angela) v. City of Huntington Beach, et al., OCSC Case No. 30-2020-01137506. 22-0382.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Emmer (Cynthia) v. City of Huntington Beach, OCSC Case No. 30-2020-01145487. 22-0493.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Litigation threatened in December 21, 2021 letter from Cole/Huber, LLP. 22-0584.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Page 1 of 7 *New 2 AGENDA January 18, 2022City Council/Public Financing Authority Malaszewski (Aaron) v. City of Huntington Beach, et al., OCSC Case No.: 30-2021-01206676. 6:00 PM – VIRTUAL LOCATION RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Peterson, Bolton, Posey, Delgleize, Carr, 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. 21-9625.Marsha Rechsteiner, of Saints Simon and Jude Catholic Church, and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 22-0256.Mayor Delgleize to present commendation to 15-year-old Huntington Beach resident, Jack Rico, the youngest graduate ever at the University of Las Vegas 22-0267.Mayor Delgleize to present commendations to Murdy Community Center Recreation Leader Valerie Sanudo, and Parking and Camping Assistant, Monica Candelario for their individual heroic efforts 22-0278.Mayor Delgleize to present the Mayor’s HB Excellence Award for the month of January to Richard Crosthwaite, Media Services Specialist, Community and Library Services 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 via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833). Zoom Webinar Page 2 of 7 3 AGENDA January 18, 2022City Council/Public Financing Authority 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. 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 21-10149.Approve and Adopt Minutes A) Approve and adopt the City Council/Public Financing Authority special meeting minutes dated November 12, 2021, as written and on file in the office of the City Clerk; and, B) Approve and adopt the City Council/Public Financing Authority special meeting minutes dated December 14, 2021, as written and on file in the office of the City Clerk; and, C) Approve and adopt the City Council/Public Financing Authority regular and special meeting minutes of the Housing Authority, Parking Authority, and Successor Agency dated December 21, 2021, as written and on file in the office of the City Clerk. Recommended Action: 22-00610.Annual Review of the City Code of Ethics Direct the City Clerk to record in the official minutes that the City Code of Ethics was presented to the City Council, City Manager, Chairpersons, and City Department Directors for their review and distribution as required by Resolution No. 2016-73. Recommended Action: 21-97211.Reaffirm adoption of Resolution No. 2021-62 finding a proclaimed state of emergency continues to impact the ability to meet safely in person, and allows meetings of the City Council and all City boards, Page 3 of 7 4 AGENDA January 18, 2022City Council/Public Financing Authority commissions and committees to be conducted remotely as needed in compliance with new Brown Act provisions identified in Assembly Bill 361 Reaffirm Resolution No. 2021-62, “A Resolution of the City Council of the City of Huntington Beach, California, Finding that the Proclaimed State of Emergency Continues to Impact the Ability to Meet Safely in Person.” Recommended Action: 21-101012.Approve appointment of Iliana Velazquez to the Huntington Beach Human Relations Committee (HBHRC) as recommended by City Council Liaisons, Councilmember Rhonda Bolton and Councilmember Natalie Moser Approve the appointment of Iliana Velazquez as a member of the Huntington Beach Human Relations Committee through December 31, 2025, the end of term for the current unscheduled vacancy, as recommended by City Council Liaisons Bolton and Moser. Recommended Action: 22-03013.Approve and authorize execution of Professional Services Contracts for On-Call Professional Design/Landscape Architectural Services with David Volz Design, Integrated Consulting Group, Inc., Michael Baker International, Inc., Moore Iacofano Goltsman, Inc., NUVIS, and RJM Design Group, Inc. each in an amount not to exceed $1,000,000 over a three-year term A) Approve and authorize the Mayor and City Clerk to execute a “Professional Services Contract Between the City of Huntington Beach and David Volz Design Landscape Architects, Inc. for As-Needed Professional Design/Landscape Architectural Services” in an amount not to exceed $1,0 00,000 over a three-year term; and, B) Approve and authorize the Mayor and City Clerk to execute a “Professional Services Contract Between the City of Huntington Beach and Integrated Consulting Group, Inc. for As-Needed Professional Design/Landscape Architectural Services” in an amount not to exceed $1,000,000 over a three-year term; and, C) Approve and authorize the Mayor and City Clerk to execute Professional Services Contract Between the City of Huntington Beach and Michael Baker International, Inc. for As-Needed Professional Design/Landscape Architectural Services” in an amount not to exceed $1,000,000 over a three-year term; and, Recommended Action: Page 4 of 7 5 AGENDA January 18, 2022City Council/Public Financing Authority D) Approve and authorize the Mayor and City Clerk to execute a “Professional Services Contract Between the City of Huntington Beach and Moore Iacofano Goltsman, Inc. (MIG, Inc.) for As-Needed Professional Design/Landscape Architectural Services” in an amount not to exceed $1,000,000 over a three-year term; and, E) Approve and authorize the Mayor and City Clerk to execute a “Professional Services Contract Between the City of Huntington Beach and NUVIS for As-Needed Professional Design/Landscape Architectural Services” in an amount not to exceed $1,000,000 over a three-year term; and, F) Approve and authorize the Mayor and City Clerk to execute a “Professional Services Contract Between the City of Huntington Beach and RJM Design Group, Inc. for As-Needed Professional Design/Landscape Architectural Services” in an amount not to exceed $1,000,000 over a three-year term. 22-03214.Affirm the Employment Agreements for Sean Joyce as Interim City Manager and Eric Parra as Chief of Police Pursuant to Government Code Section 54956 (b), approve the following actions: A) Affirm the employment agreement with Mr. Joyce who has been appointed to serve as Interim City Manager; and/or B) Affirm the employment agreement with Mr. Parra who has been appointed to serve as the Chief of Police. Recommended Action: 21-101615.Adopt Ordinance No. 4245 amending Ch. 3.02 of the Huntington Beach Municipal Code, Ordinance No. 4246 adding Ch. 17.52 to the Huntington Beach Municipal Code, and Ordinance No. 4247 amending Chapter 8.21 and adding Ch. 8.22 of the Huntington Beach Municipal to comply with State Mandated Organics Collection and Recycling Services, Edible Food Recovery, and Procurement As Required by CalRecycle Approved for Introduction December 21, 2021 - Vote: 7-0 A) Adopt Ordinance No. 4245, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 3.02 of the Huntington Beach Municipal Code Purchase of Goods and Services;” and , Recommended Action: Page 5 of 7 6 AGENDA January 18, 2022City Council/Public Financing Authority B) Adopt Ordinance No. 4246, “An Ordinance of the City Council of the City of Huntington Beach Adding Chapter 17.52 to the Huntington Beach Municipal Code Green Building Standards Code;” and, C) Adopt Ordinance No. 4247, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 8.21 of the Huntington Beach Municipal Code Refuse Management and Adding Chapter 8.22 Mandatory Organic Waste Disposal Reduction.” 21-101716.Adopt Ordinance No. 4248 amending Chapter 5.48 of the Huntington Beach Municipal Code regulating Taxicabs to comply with California Government Code Section 53075.5 and Adopt Resolution No. 2021-78 to establish fees for the City of Huntington’s Taxicab Program Approved for Introduction December 21, 2021 - Vote: 7-0 Adopt Ordinance No. 4248, “An Ordinance of the City of Huntington Beach Amending Chapter 5.48 of the Huntington Beach Municipal Code Taxicab-Vehicles for Hire.” Recommended Action: ADMINISTRATIVE ITEMS 22-01417.Adopt Resolution No. 2022-02 approving and implementing the Memorandum of Understanding (MOU) between the Huntington Beach Municipal Teamsters (HBMT) and the City of Huntington Beach for January 1, 2022, through December 31, 2024 A) Adopt Resolution No. 2022-02, “A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Municipal Teamsters (HBMT) and the City for January 1, 2022, Through December 31, 2024;” and, B) Authorize appropriations for all costs related to implementation of Resolution No. 2022-02 and all labor contracts approved by City Council on December 21, 2021. Recommended Action: COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, February 1, 2022, 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 Page 6 of 7 7 AGENDA January 18, 2022City Council/Public Financing Authority STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov Page 7 of 7 8 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-037 MEETING DATE:1/18/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Hernandez (Angela) v. City of Huntington Beach, et al., OCSC Case No. 30-2020-01137506. City of Huntington Beach Printed on 1/12/2022Page 1 of 1 powered by Legistar™9 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-038 MEETING DATE:1/18/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Emmer (Cynthia) v. City of Huntington Beach, OCSC Case No. 30-2020-01145487. City of Huntington Beach Printed on 1/12/2022Page 1 of 1 powered by Legistar™10 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-049 MEETING DATE:1/18/2022 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Litigation threatened in December 21, 2021 letter from Cole/Huber, LLP. City of Huntington Beach Printed on 1/12/2022Page 1 of 1 powered by Legistar™11 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-058 MEETING DATE:1/18/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Malaszewski (Aaron) v. City of Huntington Beach, et al., OCSC Case No.: 30-2021-01206676. City of Huntington Beach Printed on 1/14/2022Page 1 of 1 powered by Legistar™12 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:21-962 MEETING DATE:1/18/2022 Marsha Rechsteiner, of Saints Simon and Jude Catholic Church, and member of the Greater Huntington Beach Interfaith Council City of Huntington Beach Printed on 1/14/2022Page 1 of 1 powered by Legistar™13 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-025 MEETING DATE:1/18/2022 Mayor Delgleize to present commendation to 15-year-old Huntington Beach resident, Jack Rico, the youngest graduate ever at the University of Las Vegas City of Huntington Beach Printed on 1/14/2022Page 1 of 1 powered by Legistar™14 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-026 MEETING DATE:1/18/2022 Mayor Delgleize to present commendations to Murdy Community Center Recreation Leader Valerie Sanudo, and Parking and Camping Assistant, Monica Candelario for their individual heroic efforts City of Huntington Beach Printed on 1/14/2022Page 1 of 1 powered by Legistar™15 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-027 MEETING DATE:1/18/2022 Mayor Delgleize to present the Mayor’s HB Excellence Award for the month of January to Richard Crosthwaite,Media Services Specialist, Community and Library Services Department City of Huntington Beach Printed on 1/14/2022Page 1 of 1 powered by Legistar™16 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:21-1014 MEETING DATE:1/18/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority special meeting minutes of November 12, 2021, special meeting minutes of December 14, 2021, regular meeting and Housing Authority, Parking Authority and Successor Agency special meeting minutes of December 21, 2021, require review and approval. Financial Impact: None. Recommended Action: A) Approve and adopt the City Council/Public Financing Authority special meeting minutes dated November 12, 2021, as written and on file in the office of the City Clerk; and, B) Approve and adopt the City Council/Public Financing Authority special meeting minutes dated December 14, 2021, as written and on file in the office of the City Clerk; and, C) Approve and adopt the City Council/Public Financing Authority regular and special meeting minutes of the Housing Authority, Parking Authority, and Successor Agency dated December 21, 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): City of Huntington Beach Printed on 1/14/2022Page 1 of 2 powered by Legistar™17 File #:21-1014 MEETING DATE:1/18/2022 1. November 12, 2021 CC/PFA special meeting minutes 2. December 14, 2021 CC/PFA special meeting minutes 3. December 21, 2021 CC/PFA regular and Housing Authority, Parking Authority and Successor Agency special meeting minutes City of Huntington Beach Printed on 1/14/2022Page 2 of 2 powered by Legistar™18 Special Meeting Minutes Huntington Beach City Council City of Huntington Beach Friday, November 12, 2021 7:30 AM – Meeting Room D Huntington Central Library 7111 Talbert Avenue Huntington Beach, California 92648 7:30 AM — HUNTINGTON CENTRAL LIBRARY (ROOM D, LOWER LEVEL) CALLED SPECIAL CITY COUNCIL MEETING TO ORDER - 7:37 AM 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 – 7:38 AM A motion was made by Posey, second Delgleize to recess to Closed Session Item No. 1 (21-885). The motion carried by the following roll call vote: AYES: Peterson, Bolton, Delgleize, Carr, Posey, Moser, and Kalmick NOES: None CLOSED SESSION 1. 21-885 Pursuant to Government Code Section 54957(b)(1), the City Council shall recess to Closed Session to discuss the following personnel matter: Public Employment – Police Chief Recruitment At approximately 11:00 a.m., Council reconvened for a lunch break; at approximately 12:00 p.m., Council recessed into Closed Session for further discussion on Item No. 1 (21-885). RECONVENE AND ADJOURN — The meeting was reconvened and adjourned at 1:45 PM to the next regularly scheduled meeting of Tuesday, November 16, 2021, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. 19 City Council Special Meeting Minutes November 12, 2021 Page 2 of 2 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, California ATTEST: ______________________________________ City Clerk ______________________________________ Mayor 20 Special Meeting Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, December 14, 2021 4:00 PM — Closed Session 4:30 PM — Special Meeting Civic Center, 2000 Main Street Huntington Beach, California 9264 or via Zoom webinar A video recording of the 4:00 PM and 4:30 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 CALL TO ORDER — 4:04 PM ROLL CALL Present: Peterson (via Zoom), Bolton, Posey, Delgleize, Carr, Moser, and Kalmick Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) — None A motion was made by Bolton, second Moser, to recess to Closed Session for Item 1. RECESSED TO CLOSED SESSION – 4:06 PM CLOSED SESSION 1. 21-993 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). 4:30 PM - COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 4:42 PM ROLL CALL Present: Peterson (via Zoom), Bolton, Posey, Delgleize, Carr, Moser, and Kalmick Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember Bolton 21 City Council/PFA Special Meeting Minutes December 14, 2021 Page 2 of 4 CLOSED SESSION REPORT BY CITY ATTORNEY — None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown “Open Meetings” Act, Assistant City Clerk Patty Esparza announced supplemental communications received by her office following distribution of the Council Agenda packet: Administrative Items #3 (21-997) Two (2) email communications regarding a declaration of a local emergency in Huntington Beach with regards to the current refuse service impacts PUBLIC COMMENTS (3 Minute Time Limit) — 2 In-Person and 1 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. Jeanette Barnes, representing the Teamsters Union Local 396, was called to speak and stated there was a very positive meeting earlier in the day with Republic Services, and a resolution is expected very soon. (00:08:52) Elizabeth Gonzalez, representing the Teamsters Union Local 396, was called to speak and stated that Republic Services appears to be listening and understanding the importance of the Union workers’ concerns, and everyone is focused on a quick resolution. (00:09:34) Caller Mark Sheldon, a 30-year resident of Huntington Beach, was invited to speak and shared his opinions on Administrative Items No. 3 regarding the declaration of a local emergency in Huntington Beach with regards to the current refuse service impacts. (00:18:19) ADMINISTRATIVE ITEMS 2. 21-989 Approved the appointment of Sean Joyce as Interim City Manager. City Manager Oliver Chi introduced this item by briefly describing the process and qualifications of Mr. Sean Joyce. Highlights of the employment contract were also covered, including no benefits other than salary, the contract can be terminated at any time based on the Council's desire, and there is no severance consideration. Mr. Joyce expressed appreciation for the opportunity to serve as Interim City Manager, and stated his commitment to work with Council and staff to achieving their aspirations for the community. Mayor Pro Tem Posey stated that Mr. Joyce's reputation stands out, especially his service of 12 years in Irvine, which demonstrates a successful working relationship with about six different councils. Mayor Pro Tem also stated his support for the appointment. Councilmember Carr expressed her appreciation that such a well-qualified individual has agreed to serve, which will certainly take some of the pressure off as Council works to find a new City Manager. Councilmember Kalmick thanked Mr. Joyce for stepping forward and stated his support for this appointment. 22 City Council/PFA Special Meeting Minutes December 14, 2021 Page 3 of 4 Councilmember Moser thanked Mr. Joyce for his willingness to step up and support the City's exceptional staff to continue serving the community. Mayor Delgleize provided Mr. Joyce the opportunity to introduce his wife, Veronica. A motion was made by Posey, second Carr to approve the employment agreement between the City and Sean Joyce, naming Mr. Joyce as Interim City Manager. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 3. 21-997 Approved the declaration of a local emergency in Huntington Beach with regards to the current refuse service impacts in the City by adopting Resolution No. 2021-77 Chris Kentopp, General Manager, Republic Services, was called to speak and stated Republic Services values its relationship with Huntington Beach, as well as the rights of their employees for collective bargaining, and is encouraged by the progress made today. Mr. Kentopp described measures Republic is taking to provide continued service to critical infrastructures like hospitals, assisted care facilities and schools, and to address residential needs. Mr. Kentopp stated his opinion that involving a third-party hauler will only create additional confusion and disruption. He closed his comments stating Republic is optimistic, based on conversations with the Teamsters today, and Republic looks forward to resuming full service as quickly as possible. City Manager Chi and Director of Public Works Sean Crumby presented a PowerPoint communication titled Trash Service Disruption Overview, with slides entitled: City Response Issued on December 11, 2021; City Develops Trash Disruption Mitigation Response Plan; Additional HB Support Provided; Trash Services Update; Temporary Trash Drop-Off Locations; and Questions? Mayor Pro Tem Posey thanked Teamster Representatives and Mr. Kentopp for their positive and encouraging reports, and added that declaring a local emergency is a proactive step by delegating to staff the ability to exercise an alternate carrier appointment if it becomes necessary. Mayor Pro Tem Posey stated his support for proactively providing authority if it needs to be exercised. Councilmember Kalmick thanked staff for stepping forward to address options under these unexpected circumstances, and stated his support for Mayor Pro Tem Posey's comments. He also stated that it is obvious that the City needs to develop a better method for community-wide communication for non- emergency situations. Councilmember Carr thanked Teamster Representatives Ms. Gonzales and Ms. Barnes, and Republic Services General Manager Kentopp for taking the time to attend this meeting and sharing their positive comments. She also stated her support for being proactive and having a plan of action in place if it is needed for this health and safety issue. Councilmember Carr stated her support for getting accurate details out to the residents as timely as possible. Councilmember Moser stated her appreciation for representatives stepping up with positive reports, and thanked staff for being proactive under the circumstances. 23 City Council/PFA Special Meeting Minutes December 14, 2021 Page 4 of 4 Councilmember Moser confirmed with City Manager Chi that the issue of making residents whole from this disruption of service will be an important part of the conversation with Republic Services after the labor negotiations are completed. She also stated this situation highlights the need for better non- emergency communication with residents. Councilmember Bolton stated support for the comments of her colleagues, and added that from her perspective communication on this issue from Republic Services has been confusing, fragmented, and chaotic. She further stated that a work stoppage is potentially not the only reason for lack of trash pick- up, and expressed her expectation that Republic Services will make a better effort to share pertinent details for the residents. Mayor Delgleize stated her appreciation for the attendance of the Teamster's Representatives as well as Republic Services General Manager, and called for a motion. A motion was made by Kalmick, second Moser to consider a declaration of a local emergency in Huntington Beach with regards to the current refuse service impacts in the City by adopting Resolution No. 2021-77 The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None COUNCILMEMBER COMMENTS (Not Agendized) — None ADJOURNMENT — 5:21 PM to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, December 21, 2022, 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 24 Minutes City Council/Public Financing Authority Regular Meeting and Special Meetings of the Housing Authority, Parking Authority and Successor Agency City of Huntington Beach Tuesday, December 21, 2021 4:00 PM – Study Session/Closed Session 6:00 PM - Regular Session Civic Center, 2000 Main Street Huntington Beach, California 9264 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 – 4:03 PM ROLL CALL Present: Peterson, Bolton (arrived at 4:15 pm), Posey, Delgleize, Carr, Moser, and Kalmick Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO STUDY SESSION AND CLOSED SESSION ITEMS (3 Minute Time Limit) — 1 In-Person and 2 Call-In Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Shelly McKay, a resident of Huntington Beach for 27 years, a cannabis patient, and a fractional owner of Kannabis Works Licensed Dispensary in Santa Ana, Manager, Cannabis Compassion Program as Cannabis Educator, and Director for Compassion for LA NORML, and Director of OC NORML, was called to speak and stated her support for Huntington Beach to allow the licensed retail sale of cannabis. (00:01:02) Caller Sabrina Noah, Senior Vice President, Crystal Lab, born and raised in Huntington Beach, was invited to speak and stated her support for the City's interest in this economical and job-creating opportunity to allow licensed retail sale of cannabis. (00:04:30) Caller Billy, Founder/Owner of a cannabis Multiple Listing Service (MLS), and life-long resident of Huntington Beach, was called to speak and stated his support for the City's interest in allowing retail sale of cannabis. (00:06:17) STUDY SESSION 25 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 2 of 28 1. 21-1006 Review ed response options to the recent cannabis petitions filed with the City City Manager Oliver Chi introduced this item with a PowerPoint communication titled Cannabis Petition Response Options, with slides entitled: Background — Key State Legislation; Background — HB Mirrored Statewide Attitudes; City of Huntington Beach — Where are We?; Cannabis Petitions Filed in HB; Signature Gathering Efforts Initiated; Meeting w/Legal Cannabis Industry Reps; Current Cannabis Industry Proposal; Initial Staff Assessment; and City Council Discussion / Direction. Mayor Pro Tem Posey and City Manager Chi discussed the number of stores allowed typically is determined by allowing one (1) store for every ten thousand (10,000) residents, and the plan for twelve (12) stores in Huntington Beach is beyond the typical number. There was further discussion on the regulations and number of stores allowed by the four Orange County cities that have already approved commercial cannabis activity: Costa Mesa, Irvine, Santa Ana and Stanton. Mayor Pro Tem Posey and City Manager Chi also discussed banking limitations for the cannabis industry and mechanisms the City could put in place to ensure proper accounting and payment of taxes. City Manager Chi stated the amount of tax is determined by each individual city within their regulations. Councilmember Kalmick stated his support for the City to be proactive in managing an effort that he expects to be successful by setting up an Ad Hoc Committee, which he would like to be part of, to research and propose appropriate guidelines and regulations. He stated the importance of listening to the residents, addressing their concerns throughout the process, and building policy around those concerns. Councilmember Moser stated her support for Councilmember Kalmick's comments regarding staff negotiating with the industry, and establishing an Ad Hoc Committee to help with negotiations. Councilmember Moser and City Manager Chi discussed the 600 feet of buffer space being proposed, and options for different buffer space required for different environments such as schools, parks and residential neighborhoods that can be regulated through land use authority. Councilmember Peterson stated he supports the City being proactive, and from his personal experience of installing security, monitoring and fire systems for the industry, he has seen good and bad ordinances. He also said the City needs to be aware of total costs associated with monitoring, as well as the input required to ensure appropriate regulations are met for fire and police standards. He added that the state has refined the metrics for tracking from seed to manufacture, distribution, and sale. Councilmember Peterson supports digging into all the details and being informed of all considerations, including the odors created by the industry. Councilmember Carr stated her support for Councilmember Peterson's comments, and added that educating the Council and residents is important. She supports setting up an Ad Hoc Committee as well as more Study Sessions on the issue. Councilmember Bolton stated her support for an Ad Hoc Committee, and learning from the mistakes of the other cities that have gone down this path, including realistic revenue expectations. 26 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 3 of 28 Mayor Delgleize and Councilmember Peterson discussed whether there is a need to consider hiring a consultant to help guide Council and staff through the process. Councilmember Peterson stated his opinion that staff from Building, Police and Fire Departments are capable of sifting through the existing regulations and determining whether or not there is the need to hire a consultant. Mayor Delgleize confirmed with City Manager Chi that Council is supportive of setting up an Ad Hoc Committee as well as holding more Study Sessions in the effort to keep the City in the driver's seat moving forward. A motion was made by Carr, second Posey, to recess to Closed Session for New Item 21-1009. RECESSED TO CLOSED SESSION — 4:45 PM CLOSED SESSION *New 21-1009 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, AND CALLED TO ORDER SPECIAL MEETINGS OF THE HOUSING AUTHORITY, PARKING AUTHORITY AND SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF HUNTINGTON BEACH — 6:03 PM ROLL CALL Present: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick Absent: None PLEDGE OF ALLEGIANCE — Led by Mayor Delgleize 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. 2. 21-961 Jynene Johnson, with Huntington Beach Stake of The Church of Jesus Christ Latter-day Saints, and member of the Greater Huntington Beach Interfaith Council Orange County Theater Vocalist Makeda Gwaltney sang “Silent Night” in celebration of the first day of winter, and to recognize National Homeless Persons’ Memorial Day. CLOSED SESSION REPORT BY CITY ATTORNEY — City Attorney Gates announced he was not present in Closed Session; City Manager Chi announced there was nothing to report. AWARDS AND PRESENTATIONS 27 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 4 of 28 3. 21-907 Mayor Delgleize called on newly crowned Miss Huntington Beach Gisell Gochman and her princesses to present commendations to the 2021-2022 Court Mayor Delgleize introduced Miss Huntington Beach Gisell Gochman and Princesses Jenny Thach and Huonh Nguyen for 2021-2022. Ms. Gochman, a lifetime resident of Huntington Beach, expressed her appreciation for the recognition, and her excitement for the opportunities to represent the City at events in the coming year. Sand Dollars of Huntington Beach was thanked for offering the program to provide young women with financial assistance to assist in obtaining their educational goals. 4. 21-1003 Mayor Delgleize presented a Commendation to Outgoing City Manager Oliver Chi Mayor Delgleize described City Manager Chi's infectious and tireless leadership through the last couple of years. She thanked him for his OneHB vision, which resulted in a team-oriented staff and thoughtful leaders in each department dedicated to serving the community. City Manager Chi expressed his appreciation for the privilege to lead such a dedicated staff in serving the community. Mr. Sean Crumby, Director of Public Works, presented City Manager Chi with an "Oliver Chi Drive and Bobbie Jo Chi Drive" Huntington Beach city street sign. 5. 21-1005 Mayor Delgleize called on Ben Barker, Financial advisor with California Municipal Finance Authority, who presented three checks, each in the amount of $78,186.38 to the following non-profits that work to address and prevent homelessness within the City of Huntington Beach: Project Self Sufficiency, Robyn’s Nest, and Stand Up for Kids Orange County Mr. Barker described the affordable housing projects financed by the California Municipal Finance Authority, and explained that fifty percent (50%) of their fees are shared with twenty-five percent (25%) returned to the local municipality, and twenty-five percent (25%) shared with local non-profits. Cherie Schenck, President, Project Self-Sufficiency, described some of the services provided to assist low-income individuals, and expressed sincere appreciation for the funds received. Councilmember Posey introduced Justine Palmore, Executive Director, Stand Up for Kids Orange County, which is a non-profit focused on preventing youth homelessness. Ms. Palmore expressed appreciation for the partnership with the City of Huntington Beach, and the financial support received. Mayor Delgleize introduced Robyn Wood, Founder and Director, Robyn's Nest, a non-profit focused on supporting high school graduation for homeless and at-risk students with little to no parental support. Ms. Wood expressed her appreciation for the support of the Huntington Beach community, and the financial support received. A short video presentation was played with a testimonial from a recipient of the services of Robyn's Nest. 28 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 5 of 28 ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications received by her office following distribution of the Council Agenda packet: Council Committee – Appointments – Liaison Reports, AB 1234 Reporting, and Openness in Negotiations Disclosures #6 (21-1001) 2022 Council Liaison List received from Mayor Barbara Delgleize. Consent Calendar #12 (21-982) Communication received from Chief Financial Officer, Dahle Bulosan, regarding a date correction made on Resolution 2021-75. #14 (21-936) Email communication received regarding the memorial plaque for Rick “Rockin’ Fig” Fignetti. #19 (21-1002) Inter-Departmental Communication submitted by Interim Administrative Services Director, Brittany Mello, providing clarification on the two, on-call contracts with All American Leadership, LLC and the Southern California Center for Nonprofit Management. #19 (21-1002) Four (4) email communications received regarding the two on-call contracts for Citywide Leadership Development Training. #24 (21-909) Three (3) email communications received regarding the proposed updates to the Huntington Beach Municipal Code regarding a select number of the City’s Boards, Commissions and Committees. Administrative Items #26 (21-966) PowerPoint Presentation titled “Bluff Top Park Improvement Project” submitted by Sean Crumby, Director of Public Works. #27 (21-879) PowerPoint Presentation titled “Rodgers Seniors’ Center Site Redevelopment” submitted by Sean Crumby, Director of Public Works. #27 (21-879) Twenty-one (21) email communications received regarding the redevelopment of the Michael E. Rodgers Center. Ordinances For Introduction #35 (21-847) PowerPoint Presentation titled “City of Huntington Beach Public Works Department – Introduction of Ordinances for the Implementation of SB 1383 Regulations” submitted by Sean Crumby, Director of Public Works. #36 (21-991) PowerPoint Presentation titled “City of Huntington Beach Taxicab Program” submitted by Dahle Bulosan, Chief Financial Officer. 29 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 6 of 28 Councilmember Items #37 (21-1008) Letter received from City Attorney, Michael E. Gates in response to the proposed selection of an Outside Legal Firm that would directly report to and support the City Council. #37 (21-1008) Letter on behalf City Attorney Michael Gates received from Derek P. Cole of Cole Huber LLP. #37 (21-1008) Sixty-one (61) email communications received regarding the proposed selection of an Outside Legal Firm that would directly report to and support the City Council. PUBLIC COMMENTS (3 Minute Time Limit) — 26 In-Person and 1 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. Steven Graham, Partner at Cole Huber LLP, was called to speak and stated his opposition to Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly report to and support the City Council. (01:19:19) Linda Rose, over 40-year Huntington Beach resident and homeowner, was called to speak and stated her support for the City Council and opposition to the HB Recall effort. (01:21:46) Luanne Nichols, a fourth generation Huntington Beach property owner, was called to speak and shared her background and support for continuing to operate Art-Affaire as it has been done for the last ten years. She stated her support for the HB Recall effort with details at www.savesurfcity.org. (01:24:10) Maureen was called to speak and shared her dismay at the removal of left-hand turn lanes on Delaware Street, which in her opinion make the street unsafe, and asked that the left-hand lanes be restored. (01:26:37) Norman Lawson was called to speak, and stated his opinion that the removal of the left-hand turn lanes on Delaware Street described by Maureen has increased opportunity for accidents, and the street is now dangerous. (01:29:27) Karen, a long-time resident of Huntington Beach whose father resides in Scandia Mobile Country Club, was called to speak and described the predatory policy of spiking space rents for the retired and elderly residents by the new property owners. She asked that the Council and City staff come to the aide of all manufactured home residents seeking help addressing increasing costs. (01:31:06) Cari Swan, supporter of Save Surf City Recall, was called to speak and stated her opposition to Consent Calendar Item #18 regarding Citywide Leadership Development Training contracts, and opposition to Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly report to and support the City Council. Ms. Swan encouraged residents to go to www.savesurfcity.org. (01:33:10) Deb Janus, a 42-year resident of Huntington Beach, was called to speak and stated her opposition to Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly report to and support the City Council. (01:35:25) 30 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 7 of 28 Vicki Gray, a 30-year resident of Huntington Beach, was called to speak and stated her support for the HB Recall effort. She shared her opinion that Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly report to and support the City Council will stimulate people to sign the recall petition, and sarcastically “thanked” authors of the item. (01:37:17) Pano Frousiakis, Candidate for City Council in 2022, was called to speak and shared his opposition to Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly report to and support the City Council, and encouraged residents to go to www.savesurfcity.org. (01:38:26) Nathalie Wong was called to speak and stated her support for Administrative Items #27 regarding the Rodgers Senior Center Redevelopment Project, and her opposition to Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly report to and support the City Council. (01:42:02) William Hennerty, a 10-year resident of Huntington Beach and member of the Small Business Alliance, Huntington Beach Chapter, was called to speak and stated his opposition to Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly report to and support the City Council. (01:43:27) Melissa Sheets, local homeowner, was called to speak and asked for Council's assistance in dealing with chain smokers who are polluting the neighborhood air. Ms. Sheets asked Council to implement a multi- unit housing smoking ordinance, and provided examples of ordinances addressing the issue from other municipalities. (01:45:35) Fran Varga, a resident of 18th Street, was called to speak and stated her support for Administrative Items #27 regarding the Rodgers Senior Center Redevelopment Project. Ms. Varga also stated her support for Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly report to and support the City Council. (01:48:27) Martha Morrow, 30-year resident and former business owner, was called to speak and shared her opposition to Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly report to and support the City Council, and encouraged residents to go to www.savesurfcity.org. (01:50:57) Larry McNeely was called to speak and stated his opposition to Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly report to and support the City Council. He also stated opposition to holding any City Council meetings during weekday business hours, and raises for the City union members. Mr. McNeely made reference to a public eviction notice targeted at certain Councilmembers, and stated his support for the Recall effort. (01:53:21) Lisa, a 45-year resident of Huntington Beach, was called to speak and stated her opposition to Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly report to and support the City Council. (01:56:33) Amory Hanson, a Candidate for City Council in 2022 and member of the Huntington Beach Historic Resources Board, was called to speak, and stated that he had submitted supplemental communication in 31 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 8 of 28 support of Administrative Items #27 regarding the Rodgers Senior Center Redevelopment Project, as well as his thoughts on Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly report to and support the City Council. (01:57:44) Dave Sullivan, a resident of Huntington Beach for over 50 years, Former Councilmember and Mayor , was called to speak and stated his opposition to Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly report to and support the City Council. (01:59:00) Rob Pool was called to speak and stated his opposition to Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly report to and support the City Council. (02:01:25) Casey McKeon, resident of Huntington Beach and Charter Revision Committee member, was called to speak and stated his opposition to Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly report to and support the City Council. (02:04:15) Eric Silkenson, a 50-year resident of Huntington Beach and member of the Mobile Home Advisory Board, was called to speak and thanked Public Works and City Council for the improvements on Delaware Street. He also shared his opinion that elections, not recalls, are the proper method for making changes for elected positions. (02:07:21) Ceason Baker was called to speak and stated her opposition to Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly report to and support the City Council, and her support for the City Council Recall effort. (02:09:32) Gracey Van Der Mark was called to speak and stated her opposition to Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly report to and support the City Council. (02:12:40) John Genovese, a veteran, was called to speak and shared his personal challenges of living independently as a mature citizen. (02:15:50) Caller Mark Sheldon, a resident of Huntington Beach for over 30 years and former member of the Environmental Board, was invited to speak and stated his concerns regarding Consent Calendar Item #24 updating the Municipal Code for a select number of the City's Boards, Commissions, and Committees, specifically related to reducing the Environmental & Sustainability Board to under nine members. (02:20:00) Bridget Kaub was called to speak and identified herself as an elected official and former member of the Community Services Commission. She shared her concerns regarding Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly report to and support the City Council. W hile recognizing Councilmembers as good people who know what is right vs. wrong, Ms. Kaub urged Council to put aside their personal feelings for City Attorney Gates and respect the provisions of the City Charter. She also expressed her appreciation for proposed plans on the Rodgers’ Senior Center property. (02:23:04) COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES 32 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 9 of 28 Councilmember Carr reported attending a meeting of the Orange County Sanitation District, and stated that when the OC Sands Outfall Assessment and Study is completed after April 2022, she will report on the results. Mayor Pro Tem Posey reported attending a meeting of the Orange County Power Authority (OCPA) to welcome Orange County Supervisor Don Wagner as a new OCPA Board Member and County of Orange as a new OCPA member. He also reported that Vector Control voted to continue discussions on their headquarters relocation. Mayor Pro Tem Posey also described Council's directions and his personal stance, as stated by the court, that the issues related to Regional Housing Needs Assessment (RHNA) numbers need to be addressed by legislation, not litigation, regarding the City of Huntington Beach and Southern California Association of Government (SCAG), California Department of Housing and Community Development (HCD), and Orange County Council of Governments (OCCOG). Mayor Pro Tem Posey also provided a brief background on the GreenPrint effort to place land into conservancy to protect farming and nature, which will drive higher density into developed areas. Further details on GreenPrint can be found on both SCAG and Association of California Cities – Orange County (ACC-OC) websites. Mayor Delgleize reported attending Board meetings for the Association of California Cities – Orange County (ACC-OC), and the Orange County Transportation Authority (OCTA). 6. 21-1001 Approved Mayor Delgleize’s 2022 Council Liaison List A motion was made by Carr, second Moser to as recommended by the City Council, Public Financing Authority, Housing Authority, Parking Authority, and Successor Agency: Approve the 2022 Council Liaison List that includes appointments to citizen boards, commissions, committees, and task forces as presented by Mayor Delgleize. (The City Clerk certifies that FPPC Form 806 "Agency Report of Public Official Appointments" which is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards or commissions of a public agency, special district and joint powers agency or authority was posted to the City's website according to law prior to this vote.) as amended by Supplemental Communication (Liaison List). The motion as amended carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None CITY MANAGER’S REPORT — None CONSENT CALENDAR Councilmembers Carr and Peterson pulled Consent Calendar Item #19 for further discussion. 7. 21-836 Approved and Adopted Minutes A motion was made by Kalmick, second Posey to approve and adopt the City Council/Public Financing Authority regular meeting minutes dated November 16, 2021, as written and on file in the office of the 33 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 10 of 28 City Clerk; and, approve and adopt the City Council/Public Financing Authority special meeting minutes dated December 1, 2021, as written and on file in the office of the City Clerk; and, approve and adopt the City Council/Public Financing Authority regular meeting minutes dated December 7, 2021, as written and on file in the office of the City Clerk. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 8. 21-822 Received and filed the Maddy Act Local Appointments List – 2022 (terms on City boards, commissions, and committees that expire in 2022) informing the public of openings and vacancies based on 2022 expiration of current members’ terms A motion was made by Kalmick, second Posey to receive and file the Maddy Act Local Appointments List – 2022 showing vacancies that will occur on City boards, commissions, and committees in the year 2022, and direct the City Clerk to post the list at official posting locations (Civic Center, Huntington Central Library, and Main Street Library). Copies of the Maddy Act Local Appointments List - 2022 will also be posted at all branch libraries and on the City's website. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 9. 21-845 Approved and authorized execution of Professional Services Contracts for On-Call Materials Testing and Engineering Services with AESCO, Inc., GMU Geotechnical, Inc., Leighton Consulting, Inc., Ninyo & Moore Geotechnical & Environmental Sciences Consultants, and Twining, Inc. A motion was made by Kalmick, second Posey to approve and authorize the Mayor and City Clerk to execute $600,000 "Professional Services Contract Between the City of Huntington Beach and AESCO, Inc., for On-Call Material Testing and Engineering Services;" and, approve and authorize the Mayor and City Clerk to execute $600,000 "Professional Services Contract Between the City of Huntington Beach and GMU Geotechnical, Inc. for On-Call Material Testing and Engineering Services;" and, approve and authorize the Mayor and City Clerk to execute $600,000 "Professional Services Contract Between the City of Huntington Beach and Leighton Consulting, Inc., for On-Call Material Testing and Engineering Services"; and, approve and authorize the Mayor and City Clerk to execute $600,000 "Professional Services Contract Between the City of Huntington Beach and Ninyo & Moore for On-Call Material Testing and Engineering Services;" and, approve and authorize the Mayor and City Clerk to execute $600,000 "Professional Services Contract Between the City of Huntington Beach and Twining, Inc., for On-Call Material Testing and Engineering Services." The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 34 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 11 of 28 10. 21-970 Approved two (2) appointments to the Harbor Commission, as recommended by City Council Liaisons, Councilmembers Kalmick and Peterson A motion was made by Kalmick, second Posey to approve the appointment of Van Vu as a Member of the Harbor Commission through December 31, 2024; and, approve the appointment of Diane Wood as a Member of the Harbor Commission through December 31, 2024. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 11. 21-878 Adopted Resolution No. 2021-69 authorizing cancellation of the City Council/Public Financing Authority regular meeting of January 4, 2022; and, directed the City Clerk to provide notice of such cancellation A motion was made by Kalmick, second Posey to adopt Resolution No. 2021-69, "A Resolution of the City Council of the City of Huntington Beach Declaring the Cancellation of the City Council and Public Financing Authority Regular Meeting of January 4, 2022; and Directing the City Clerk to Provide Notice of Such Cancellation." The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 12. 21-982 Adopted Resolution No. 2021-75 accepting and approving the Development Impact Fee (DIF) Report for Fiscal Year 2020-21 and to make findings as required by Government Code Sections 66006 and 66001 A motion was made by Kalmick, second Posey to accept and approve the Development Impact Fee Report for Fiscal Year Ending June 30, 2021 by adopting Resolution No. 2021-75, "A Resolution of the City Council of the City of Huntington Beach to Accept and Approve the Development Impact Fee Report for Fiscal Year Ending June 30, 2021 and to Make the Findings as Required by Government Code Section 66006(b) and 66001(d)" as amended by Supplemental Communication. The motion as amended carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 13. 21-998 Adopted Successor Agency Resolution Nos. 2021-03 and 2021-04 approved the Recognized Obligation Payment Schedule (ROPS) and Administrative Budget for the Huntington Beach Successor Agency for the period of July 1, 2022, through June 30, 2023, in accordance with Health and Safety Code Section 34177 and related actions 35 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 12 of 28 A motion was made by Kalmick, second Posey to adopt Resolution No. 2021-03, "A Resolution of the Successor Agency to the Redevelopment Agency of the City of Huntington Beach Approving the Successor Agency Administrative Budget for the Period July 1, 2022, through June 30, 2023;" and, adopt Resolution No. 2021-04, "A Resolution of the Successor Agency to the Redevelopment Agency of the City of Huntington Beach Approving the Recognized Obligation Payment Schedule for the Period July 1, 2022 - June 30, 2023 ('ROPS 22-23')." The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 14. 21-936 Approved Memorial Plaque Recognition for Rick "Rockin’ Fig" Fignetti A motion was made by Kalmick, second Posey to approve recommendation by the Community & Library Services Commission to approve the design concept of a memorial plaque honoring Rick "Rockin' Fig" Fignetti to be placed at Tower Zero on the Huntington Beach Municipal Pier; and, authorize staff to work with the Greater Huntington Beach Interfaith Council to have the plaque manufactured and installed as proposed. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 15. 21-951 Accepted the lowest responsive and responsible bid, approved appropriation and authorized execution of a construction contract with Nobest, Inc. in the amount of $1,007,200 for the Zone 5 Curb Ramp Project, CC-1637 A motion was made by Kalmick, second Posey to accept the lowest responsive and responsible bid submitted by Nobest, Inc. in the amount of $1,007,200; and, appropriate $430,871 from the Measure "M" fund balance to account (21390004.82300) and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 16. 21-891 Approved and authorized execution of Professional Services Contract for Fleet Sustainability Transition Plan with Mercury Associates, Inc.; and approved appropriation funds A motion was made by Kalmick, second Posey to approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract Between the City of Huntington Beach and Mercury Associate, Inc. for Development of Fleet Sustainability Transition Plan," in an amount not to exceed $100,000; and, appropriate funding in the amount of $100,000 from the General Fund undesignated fund balance to account 10085701.69365. 36 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 13 of 28 The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 17. 21-939 Approved and authorized execution of a contract with Data Ticket, Inc., for the provision of Parking Citation Payment Processing and Parking Permit Services A motion was made by Kalmick, second Posey to approve and authorize the Mayor and City Clerk to execute "Service Agreement Between the City of Huntington Beach and Data Ticket, Inc. for Parking Citation Processing and Parking Permit Solution" in an amount not to exceed $360,000 for a 3-year term with two additional one-year extensions; and, authorize the City Manager to execute all documents in furtherance of this Agreement. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 18. 21-969 Approved the execution of a Subdivision Agreement with Huntington Gateway Industrial II, LLC and accepted Securities for the Huntington Gateway Phase II Industrial Project, located on the north side of Bolsa Avenue at the intersection with Graham Street A motion was made by Kalmick, second Posey to approve and authorize the Mayor and City Clerk to execute and record the "Subdivision Agreement by and Between the City of Huntington Beach and Huntington Gateway Industrial II, LLC for Parcel Map No. 2019-153" to construct public improvements for the Huntington Gateway Phase II industrial project (Attachment 1); and, accept the Faithful Performance Bond No. 800043002 (Attachment 2), Labor and Material Bond No. 800043002 (Attachment 3) and Monument Bond No. 800043002-M (Attachment 4), the securities furnished for installation of the required public improvements; and, instruct the City Clerk to file the bonds with the City Treasurer. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 19. 21-1002 Approved and authorized approval of two on-call Professional Services Contracts for Citywide Leadership Development Training with All American Leadership, LLC, and the Southern California Center for Nonprofit Management Councilmember Peterson pulled this item to confirm with City Manager Chi that this is for on-call citywide supervisory and leadership training, and the budget amount is the maximum over three-years. City Manager Chi explained that as people are promoted into supervisory positions, these funds will allow for a more thorough and coordinated approach to duplicate in other departments the successful efforts over the last several years in the Fire Department. 37 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 14 of 28 Councilmember Carr stated she pulled this item to make everyone aware of the late afternoon communication from Interim Administrative Services Director Brittany Mello to clarify the $450,000 is the maximum budget over three years on an as-needed basis. Mayor Carr thanked City Manager Chi and staff for the clarification and stated her support for this opportunity for staff development. A motion was made by Carr, second Moser to approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and All American Leadership, LLC, for Leadership Development Training;" and, approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract Between the City of Huntington Beach and Southern California Center for Nonprofit Management for Leadership Development Training," as amended by Supplemental Communication. The motion as amended carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 20. 21-952 Ap proved and authorized execution of a Landscape Maintenance Agreement and License Agreement for the Pierside Pavilion Project at 300 Pacific Coast Highway A motion was made by Kalmick, second Posey to approve and authorize the Mayor and City Clerk to execute the "Landscape Maintenance Agreement Within State Highway Right of Way on Route 1 Within the City of Huntington Beach" with Caltrans for the Pierside Pavilion project (Attachment 1); and, approve and authorize the Mayor and City Clerk to execute and record the "License Agreement Between the City of Huntington Beach and Pierside Pavilion, LLC, to Provide Installation and Maintenance of Landscaping Improvements in the Public Right-of-Way," for the Pierside Pavilion project (Attachment 2). The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 21. 21-968 Approved the Section 3-Labor Compliance Plan, HOME Program Rehabilitation Standards, and the Affordable Housing Program Underwriting and Subsidy Layering Guidelines A motion was made by Kalmick, second Posey to approve and adopt the Section 3-Labor Compliance Plan; and, approve and adopt the HOME Program Rehabilitation Standards; and, approve and adopt the Affordable Housing Program Underwriting and Subsidy Layering Guidelines. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 22. 21-992 Approved Fiscal Year 2021/22 Mid-Year Positional Adjustments 38 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 15 of 28 A motion was made by Kalmick, second Posey to approve FY 2021/22 mid-year requests for positions as detailed in the in the Table of Organization (Attachment 1) and authorize appropriations in FY 2021/22 for the additional Full Time Equivalent (FTE) positions. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 23. 21-1007 Considered positions on legislation pending before the Federal Legislature, as recommended by the Intergovernmental Relations Committee (IRC) A motion was made by Kalmick, second Posey to adopt Resolution 2021-80 of support and approve support letters to federal legislators and the Orange County Congressional Delegation, backing the Orange County Water District's (OCWD) position regarding pending "PFAS" federal legislation. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 24. 21-909 Adopted Ordinance Nos. 4239, 4240, 4241, 4242, 4243, 4244 updating the Huntington Beach Municipal Code to reform, consolidate, and dissolve a select number of the City’s Boards, Commissions, and Committees Approved for introduction November 16, 2021 – Vote 7-0 (#4239, #4241, #4242, #4243, #4244) and 6-1 (Peterson-No) on #4240 A motion was made by Kalmick, second Posey to 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, 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 and Library Services Commission;" and, 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;" and, 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;" and, 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;" and, 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." The motion to approve carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: Peterson stated for the record “No” on Ordinance No. 4240 only 39 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 16 of 28 PUBLIC HEARING 25. 21-976 Adopted Resolution No. 2021-76 approving the issuance of Tax-Exempt Bonds for the Huntington Beach Senior Housing Apartments located at 18431 Beach Blvd. City Manager Chi introduced Housing Manager Charles Kovac who presented a PowerPoint communication entitled Public Hearing for the Issuance of Multifamily Housing Revenue Bonds for Huntington Beach Senior Housing Apartments with slides titled: Background, Income Limits/Affordable Rents, Construction Financing, Permanent Financing, Request for Bond Approval, Recommended Action, and Questions. Mayor Delgleize opened the Public Hearing. Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communication that was received by her office following distribution of the Council Agenda packet: Public Hearing #25 (21-976) PowerPoint Communication titled Public Hearing for the Issuance of Multifamily Housing Revenue Bonds for Huntington Beach Senior Housing Apartments submitted by Ursula Luna- Reynosa, Director of Community Development. Public Hearing Speakers — None There being no public speakers, Mayor Delgleize closed the Public Hearing. Councilmember Kalmick confirmed with Director Luna-Reynosa that California Municipal Finance Authority is issuing the bonds, debt service responsibility belongs to the developer through revenue generated by the project, and Federal law requires City Council to approve the project. A motion was made by Moser, second Bolton to conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (the "Code"); and, adopt Resolution No. 2021-76, "Resolution of the City Council of the City of Huntington Beach Approving California Municipal Finance Authority Issuance of the Multifamily Housing Revenue Bonds in an Aggregate Principal Amount Not To Exceed $20,000,000 for the Purpose of Financing or Refinancing the Acquisition, Construction, Improvement and Equipping of Huntington Beach Senior Housing and Certain Other Matters Relating Thereto." (Attachment 1) The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 40 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 17 of 28 ADMINISTRATIVE ITEMS 26. 21-966 Accepted the lowest responsive and responsible bid, approved appropriation and authorized execution of a construction contract with Green Giant Landscape, Inc. in the amount of $1,864,013.45 for the Bluff Top Park Trail Improvements Project, CC- 1631 City Manager Chi introduced Public Works Director Sean Crumby who presented a PowerPoint communication entitled Bluff Top Park Trail Improvement Project — Phase 2, with slides titled: Project Overview, Scope of Work, Trail Improvements, and Thank You/Questions? Mayor Delgleize stated her support for this exciting project. Councilmember Carr confirmed with Director Crumby that the $1.7M funding received from Assemblywoman Cottie Petrie-Norris was primarily used for Phase 1 of this project. Councilmember Moser expressed her appreciation for the improvements taking place to increase safety. A motion was made by Kalmick, second Posey to accept the most responsive and responsible bid submitted by Green Giant Landscape, Inc. in the amount of $1,864,013.45; and, authorize the appropriation of $48,609 from the Infrastructure Fund to account 31490010.82900; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 27. 21-879 Accepted the lowest responsive and responsible bid, approved appropriation and authorized execution of a construction contract with Legion Contractors Inc. in the amount of $2,398,315.90 for the Rodgers Senior Center Redevelopment Project, CC- 1632 City Manager Chi introduced Public Works Director Sean Crumby who presented a PowerPoint communication entitled Rodgers Seniors’ Center Site Redevelopment with slides titled: Scope of the project, and Rodgers Seniors’ Center Background. Mayor Delgleize stated how delighted members of the American Legion are to see this renovation and the updated facilities for their use. Councilmember Peterson asked to ensure there has been, or will be, opportunity for a good photo record of the building before it is taken down. Councilmember Peterson noted that every pilot in WWII from this area went through that building before the City of Huntington Beach bought it from Santa Ana and moved it here. He also stated his support for a project that will also complete the City's commitment to provide a building for the American Legion. 41 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 18 of 28 Councilmember Carr thanked staff and City Manager Chi for making this project a reality, and noted that Videographer Matt Lieffring is compiling a documentary on the history of the building before it is taken down. A motion was made by Peterson, second Carr to accept the most responsive and responsible bid submitted by Legion Contractors, Inc. in the amount of $2,398,315.90; and, authorize the appropriation of $1,358,539.08 from the Infrastructure Fund to account 31490009.82900; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 28. 21-918 Adopted Resolution No. 2021-68 approving and implementing the 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; and authorized appropriation of funds City Manager Chi introduced Interim Administrative Services Director Brittany Mello who presented a PowerPoint communication entitled: Consideration of Proposed Memoranda of Understanding with Huntington Beach Firefighters’ Association; Fire, Police, and Marine Safety Management Associations; and Management Employees’ Organization; and Introduction of the Huntington Beach Municipal Teamsters’ MOU with slides titled: Overview (3), Proposed Memoranda of Understanding (3), and City Council Options. Councilmember Peterson noted that the Management Associations have been without a contract for some time, and again thanked the Fire Department for accepting minimal increases during the restructuring effort. He also explained that these raises are in steps over time and not an immediate raise for everyone. Councilmember Peterson stated his opinion it would benefit the Council as well as the residents if there were more dialogue involved in the negotiating process in the future. Mayor Carr and City Manager Chi discussed the process used this time to bring contract dates and unified pay schedule alignment, and did not provide base cost-of-living adjustments (COLA) increases, but rather provided additional steps to earn increases moving ahead. City Manager Chi stated the improved labor relations was a positive outcome for everyone and demonstrates acknowledging staff value while being fiscally responsible. Mayor Pro Tem Posey stated his support for bringing back an outside labor negotiator for the next round of negotiations, and thanked labor for accelerating the process this time, and submitting realistic proposals. Councilmember Carr thanked all of the Management Associations for making the process easier, and for being realistic in providing fair offers. A motion was made by Carr, second Moser to adopt Resolution No. 2021-68, "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Firefighters' Association (HBFA) and the City for July 1, 2021, through 42 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 19 of 28 December 31, 2023;" and, authorize appropriations for all costs related to implementation of Resolution No. 2021-68. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 29. 21-919 Adopted Resolution No. 2021-67 approving and implementing the 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; and authorize appropriation of funds A motion was made by Carr, second Moser to adopt Resolution No. 2021-67, "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Fire Management Association (FMA) and the City for July 1, 2021, through December 31, 2023;" and, authorize appropriations for all costs related to implementation of Resolution No. 2021-67. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 30. 21-996 Adopted Resolution No. 2021-71 approving and implementing the Memorandum of Understanding (MOU) between the Management Employees’ Organization (MEO) and the City of Huntington Beach for January 1, 2022, through December 31, 2024 A motion was made by Carr, second Moser to adopt Resolution No. 2021-71, "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding between the Huntington Beach Management Employees' Organization (MEO) and the City for January 1, 2022, through December 31, 2024." The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 31. 21-995 Adopted Resolution No. 2021-72 approving and implementing the Memorandum of Understanding (MOU) between the Marine Safety Management Association (MSMA) and the City of Huntington Beach for January 1, 2022, through December 31, 2024 A motion was made by Carr, second Moser to adopt Resolution No. 2021-72, "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding between the Huntington Beach Marine Safety Management Association (MSMA) and the City for January 1, 2022, through December 31, 2024." The motion carried by the following vote: 43 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 20 of 28 AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 32. 21-994 Adopted Resolution No. 2021-70 approving and implementing the Memorandum of Understanding (MOU) Between the Police Management Association (PMA) and the City of Huntington Beach for July 1, 2021, through December 31, 2023 A motion was made by Carr, second Moser to adopt Resolution No. 2021-70, "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding between the Huntington Beach Police Management Association (PMA) and the City for July 1, 2021 Through December 31, 2023." The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 33. 21-990 Approved Introduction of the Proposed Memorandum of Understanding (MOU) Between the Huntington Beach Municipal Teamsters (HBMT) and the City of Huntington Beach for January 1, 2022, through December 31, 2024 A motion was made by Carr, second Moser to approve the introduction of the proposed Memorandum of Understanding between the Huntington Beach Municipal Teamsters and the City of Huntington Beach for the period of January 1, 2022, through December 31, 2024. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 34. 21-988 Adopted Resolution No. 2021-79 Amending the City’s Classification Plan to Add Council Policy Analyst as a New Job Classification, and Approved Requisite Funding for the Role City Manager Chi provided a brief introduction for the item, and noted that Interim Administrative Services Director Brittany Mello was also available to answer any questions. Councilmember Kalmick confirmed with City Manager Chi that staffing has been coordinated based on operational needs. Councilmember Kalmick feels the suggested position changes will meet some of the needs created by losing an employee who worked 80 to 100 hours per week. He sees the responsibilities of this position as helping to 1) inform residents, 2) develop public policy, and 3) involved in reorganization, working alongside a new City Manager. Councilmember Kalmick voiced his support for the presented classification. Mayor Pro Tem Posey stated he would support this item with cautious optimism as long as the process and rules used in the past are still applicable, such as project time limitations, and ensuring the position reports exclusively to the City Manager. 44 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 21 of 28 Councilmember Peterson stated he could not support this item as he views many of the described responsibilities as already part of the Public Information Officer (PIO) responsibilities. He further stated his opinion there are a number of other positions that could be funded with this money, which would result in greater benefit to the public and City's businesses. Councilmember Carr explained that this position is really an assistant to the City Manager, and the City Manager will be directing this position, not the City Council. She further stated that additional staff will be required to make a successful City Manager transition, and therefore this item has her support. Councilmember Moser stated this item has her support because the position reports to the City Manager and Assistant City Manager. She added her expectation this position will ensure projects are completed efficiently with the right resources. Councilmember Bolton stated that just responding in a timely manner to the volume of public inquiries provides justification for her support of this item. Mayor Delgleize stated her support for Councilmember Bolton's comments, appreciation for having experienced the support of such a position in the past, and therefore appreciating the impact approving this item will provide Council. A motion was made by Kalmick, second Posey to adopt Resolution No. 2021-79, "A Resolution of the City Council of the City of Huntington Beach Amending the City's Classification Plan by Adding the Job Classification of Council Policy Analyst and Establishing Compensation," and authorize filling the position during the current FY 2021/22, by allocating $75,000 from the General Fund to establish the role of Council Policy Analyst. The motion carried by the following vote: AYES: Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: Peterson ORDINANCES FOR INTRODUCTION 35. 21-847 Approved for Introduction Ordinance No. 4245 amending Ch. 3.02 of the Huntington Beach Municipal Code, Ordinance No. 4246 adding Ch. 17.52 to the Huntington Beach Municipal Code, and Ordinance No. 4247 amending Chapter 8.21 and adding Ch. 8.22 of the Huntington Beach Municipal to comply with State Mandated Organics Collection and Recycling Services, Edible Food Recovery, and Procurement As Required by CalRecycle City Manager Chi introduced Public Works Director Sean Crumby who presented a PowerPoint communication entitled Introduction of Ordinances for the Implementation of SB 1383 Regulation with slides titled: Background (2), Implementation Regulations, City of HB Responsibilities (2), Tonight's Ordinances (2), Next Steps, and Questions and Comments. Mayor Delgleize confirmed with Director Crumby that Ordinance No. 4245 allows staff to develop program details, confirm that solid waste hauler Republic has implemented treatment changes on the 45 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 22 of 28 back end, and then return back to the community with adjusted rates. If approved for introduction tonight, the second reading would be in January, and if approved at that time, the Ordinance would be effective 30 days later. Councilmember Peterson and Director Crumby discussed that the new processing requirements are actually performed at the trash collection facility, and the State regulations apply to all municipalities, regardless of whether or not they operate under a charter. Councilmember Kalmick and Director Crumby discussed the multi-family situations where it will be necessary to see if it will be possible to host a second bin, or possibly going with smaller bins with more frequent pick-ups. The ultimate option would be to change to a three-bin system, but the program will require evaluating each property individually. There was further discussion on the waste stream. Councilmember Carr and Director Crumby discussed public outreach and education plans, which will be coordinated with Republic using mailers, stuffers in the utility bills and social media. Councilmember Carr and Director Crumby briefly discussed code enforcement noting the emphasis will be focused on cooperation to meet compliance. Director Crumby described the handling process for construction and demolition waste, which must be processed separately. Councilmember Moser and Director Crumby discussed options for updating several aspects of the Republic contract, and Director Crumby stated any changes outside of these specific Ordinances would be handled as a separate item at another time. A motion was made by Kalmick, second Carr to, after the City Clerk reads by title, approve for Introduction Ordinance No. 4245, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 3.02 of the Huntington Beach Municipal Code Purchase of Goods and Services;" and, approve for Introduction Ordinance No. 4246, "An Ordinance of the City Council of the City of Huntington Beach Adding Chapter 17.52 to the Huntington Beach Municipal Code Green Building Standards Code;" and, approve for Introduction Ordinance No. 4247, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 8.21 of the Huntington Beach Municipal Code Refuse Management and Adding Chapter 8.22 Mandatory Organic Waste Disposal Reduction." The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 36. 21-991 Approved for Introduction Ordinance No. 4248 amending Chapter 5.48 of the Huntington Beach Municipal Code regulating Taxicabs to comply with California Government Code Section 53075.5 and Adopted Resolution No. 2021-78 to establish fees for the City of Huntington Beach’s Taxicab Program City Manager Chi introduced Chief Financial Officer (CFO) Dahle Bulosan who presented a PowerPoint communication entitled City of Huntington Beach Taxicab Program with slides titled: Background, City of Huntington Beach Taxicab Program, Taxicab Program Fees, and Recommended Action. 46 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 23 of 28 Mayor Delgleize and CFO Bulosan discussed that neighboring impacted Orange County cities appear to be in the midst of this same process, and there currently is not another municipal model. CFO Bulosan briefly reviewed the process and confirmed that the Huntington Beach Police Department will also be involved in the licensing process. Councilmember Posey and CFO Bulosan discussed the different government classifications for yellow cabs hailed on the street versus ride sharing services, and confirmed that this Ordinance relates to yellow cabs only. Councilmember Kalmick confirmed with CFO Bulosan that the Ordinance would not affect Circuit transportation options. A motion was made by Posey, second Moser to, after the City Clerk reads by title, approve for Introduction Ordinance No. 4248, "An Ordinance of the City of Huntington Beach Amending Chapter 5.48 of the Huntington Beach Municipal Code Taxicab-Vehicles for Hire;" and, adopt Resolution No. 2021-78, "A Resolution of the City Council of the City of Huntington Beach Establishing Taxicab Permit Fees By Amending Resolution 2016-59, As Amended By Resolution Nos. 2017-28, 2017-44, 2017-46, 2018-01, 2018-29, 2018-48, 2018-55, 2019-07, 2019-19, 2019-87, 2020-37, 2021-17, 2021-18 And 2021-36, Which Established A Consolidated Comprehensive Citywide Master Fee and Charges Schedule (Supplemental Fee Resolution 15). The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None COUNCILMEMBER ITEMS 37. 21-1008 Item Submitted by Mayor Delgleize, Mayor Pro Tem Posey and Councilmember Kalmick continued for Closed Session discussion on January 18, 2022 – Request that Staff engage a process to facilitate City Council selection of an Outside Legal Firm that would directly report to and support the City Council Mayor Delgleize introduced this item by reading a prepared statement documenting her perspective on the issue, including her request to review the City Charter for clarification so Council's concerns can be resolved once and for all. She also shared her disappointment in the extreme public response to this item by City Attorney Gates, and stated the need for a second legal opinion in some situations. She added she is not interested in usurping City Attorney Gates, and confirmed that historically he has brought in other legal counsel when City Council deemed it necessary. Councilmember Kalmick stated his surprise at the extreme and public response to this item by City Attorney Gates. Councilmember Kalmick described a theoretical circuitous legal situation and asked how it would be circumvented if Councilmembers were served. In summary, Councilmember Kalmick stated his opinion that if there were a conflict of interest, and an adverse relationship exists between City Council and the City Attorney, as a corporate body the City Council is then stuck. He continued by asking who represents the Councilmembers when residents sue them, as they have threatened to do several times, and the City Attorney was elected by the residents to represent them. Councilmember 47 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 24 of 28 Kalmick also asked how Councilmember interests could be served when the City Attorney has threatened a lawsuit against Councilmembers via communication on City of Huntington Beach letterhead. Mayor Pro Tem Posey stated his support for Councilmember Kalmick's comments and agreed there is no intent to usurp the authority of City Attorney Gates or engage outside legal authority for anything other than a second opinion. Mayor Pro Tem Posey provided three litigation examples to describe his concerns, and stated his request for City Attorney Gate's cooperation when Council seeks a second opinion. Mayor Pro Tem Posey stated he is not minimizing the role of City Attorney Gates, and clarified that City Council has the option to accept or reject the advice of City Attorney Gates. Mayor Pro Tem Posey added there should be an option for a second opinion to confirm, or not, the advice of the City Attorney, or another opinion held by Councilmembers. Councilmember Peterson added information from his perspective related to Mayor Pro Tem Posey's litigation examples, and provided another example to document that City Council majority currently can ask, and has successfully asked for, second legal opinions. Councilmember Peterson shared he had discussed this situation with some previous Councilmembers, and it appears possibly this Council may be trying to make policy changes based on their conflicts with the person of Mr. Gates. He stated his support for following the City Charter, and his opinion that this item is wrong. Councilmember Bolton stated she had read all of the documentation for this item, including the initial public response by City Attorney Michael Gates and his references, as well as the City Charter. She added that under Rules of Professional Responsibility, there is no allowance for any attorney to represent and also sue a client. Councilmember Bolton explained that the Rules of Professional Responsibility dictate that if there is an adversarial position with your own attorney, then it is appropriate for the client to retain different counsel. She further stated her opinion that City Charter provisions 304B and 309 are inconsistent, and she is not aware of any case law that has addressed the precise situation that currently exists. Councilmember Bolton suggested that the focus be directed to reaching an agreement on a procedure to follow when there is an adversarial situation like this. Councilmember Moser thanked Councilmember Bolton for her comments, and described the confusing inconsistencies between City Charter provisions 304B and 309. She stated her desire to focus on clarifying through the City Charter how to handle a situation when there is conflict between the City Attorney's Office and City Council. Councilmember Carr explained that as a municipal corporation, the City Council is the Board of Directors and voice of the people, not the City Attorney, who is the head of the Legal Department. Councilmember Carr further stated her opinion that the letter of public response from City Attorney Michael Gates violated the confidentiality of Closed Session. She acknowledged the differences of opinion between Councilmembers and City Attorney Michael Gates on how to respond to State housing mandates, and shared her opinion that suing the State is not the appropriate response. Councilmember Carr stated her dismay at recent judgement calls made by City Attorney Gates and his public responses, which indicate he does not have the back of the City Council, and it appears he is speaking for the City, which is the responsibility of the Mayor. Mayor Delgleize stated that the conflict between provisions 304B and 309 of the City Charter must be corrected. She also rhetorically asked City Attorney Gates why he would choose to respond to a Councilmember Item through social media. 48 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 25 of 28 Councilmember Peterson asked Mayor Delgleize to allow City Attorney Gates to respond to comments made by the Council. City Attorney Gates stated he both agrees and disagrees with the comments made this evening, and the reality is he and Council are stuck working together as they are all elected officials. He added that the Court has already resolved the apparent conflict between City Charter provisions 304B and 309 and in the past, the City has abided by the Court of Appeal decision. City Attorney Gates confirmed that he has always followed the City Council's direction on whether or not to file lawsuits, appeal, or settle. He explained that Council direction comes through votes, not through one-on-one “hallway” conversations. City Attorney Gates stated that when City Councilmembers, by this Councilmember “H” Item, decide to try to violate the law, he cannot support that action. City Attorney Gates also provided examples of the many instances that second opinions were secured at Council's request. He stated his opinion that this item should have been agendized for discussion in Closed Session, and not in a public forum. City Attorney Gates closed his remarks by stating his desire is to provide the best legal representation for the City, and that his constituents expect to hear his responses. He asked that the City Council not continue to address this conflict in public, but rather continue the discussion in a Closed Session. City Attorney Gates clarified for the record that he has never made public comments on City Council policy decisions. Mayor Delgleize stated support for continuing the discussion as a Closed Session item. Councilmember Bolton stated her opinion there is a fundamental disagreement about the legality of what City Council is striving to accomplish when the City Attorney has a conflict because the City Charter is not clear. City Attorney Gates responded that it is the responsibility of the City Attorney to determine if there is a conflict, and the Council already has the right to choose legal counsel for any specific conflict. Councilmember Bolton stated she does not like the fact that Councilmembers are accused of ignoring the law, and it appears to her that City Attorney Gates and Councilmembers are in a very adversarial situation, and interpretation of the Charter conflict represents the false concept that people police themselves, and that issue must be addressed. City Attorney Gates stated his opinion that this conversation has evolved into a "what if there is ever a conflict" and there are already ways to get additional legal counsel for City Council. He stated the current issue is the Councilmember “H” Item which seeks ". . . selection of an Outside Legal Firm that would directly report to and support the City Council." He continued by stating Councilmembers are creating the conflict when they acknowledge the City Attorney is the City's legal voice, while trying to independently get a second opinion. City Attorney Gates stated he would not support, condone or endorse efforts that only further complicate their relationship. Mayor Delgleize shared her opinion that the Councilmember “H” Item could have been written better. Councilmember Kalmick stated his opinion that City Attorney Gates has presented an unpublished case and expressed his personal opinion and interpretation, but it is not case law, and if Councilmember 49 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 26 of 28 Kalmick wants a second opinion on the City Attorney Gates interpretation, he currently has to go through City Attorney Gates to get it. Councilmember Kalmick further added that he does not agree with City Attorney Gates opinion that the Councilmember “H” Item as presented is illegal. Mayor Delgleize asked for recommendations for moving forward and reaching a resolution. City Attorney Gates suggested one way to resolve the Charter conflict is to agree to file a Declaratory Relief Action with the court, and let a judge decide. A motion was made by Bolton, second Carr to continue discussion on the item in Closed Session. Discussion ensued. Councilmember Kalmick clarified that the Councilmember “H” Item is to engage a process to facilitate the City Council's selection of an outside legal firm, does not exclude the City Attorney from the discussion, and work with the City Manager to develop a process to access outside counsel in adverse situations. Councilmember Carr stated her support for Councilmember Kalmick's clarified statement. City Attorney Gates stated that City Council can legally request outside counsel through his office, or proceed illegally by going through the City Manager to secure outside counsel. Councilmember Carr asked City Attorney Gates that if Councilmember Kalmick did not agree with a City Attorney's opinion, could Councilmember Kalmick go to one of the legal firms recommended by the City Attorney's Office, for a second opinion. City Attorney Gates clarified that only the City Council as a whole, not as an individual Councilmember, could reach out to another law firm. If there was a conflict where he, as City Attorney, chose to recuse himself, he would present a panel of law firms from which the City Council could choose for their opinion. Mayor Pro Tem Posey stated that in theory the process sounds great, and described the situation when City Council made the decision to not sue the State [regarding housing mandates], and yet City Attorney Gates publicly contradicted Council's decision by stating his opinion was to litigate. City Attorney Gates responded by asking what the purpose really is for rehashing these situations which don't warrant violating the City Charter. Mayor Delgleize responded that no one is interested in violating the City Charter, but there is a need to assess the Charter in a way that feels fair. City Attorney Gates stated his goal is to provide the best legal representation possible that often requires second opinions and consulting with experts, and also that his office’s ninety percent plus win rate on cases is a remarkable record. Mayor Delgleize stated that a real win would be if City Attorney Gates completely stayed off social media. Councilmember Carr asked if anyone was considering a substitute motion, based on comments by City Attorney Gates, to direct the City Council and City Manager to select a process to facilitate selection of an Outside Legal Firm, amended to include “with the help of the City Attorney.” 50 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 27 of 28 Councilmember Kalmick stated concerns regarding a previous situation when there was a conflict and City Attorney Gates recused himself. City Attorney Gates stated the process worked for previous Councils, but it appears that certain current Councilmembers did not like those results when he followed that City Council's direction. City Manager Chi summarized the options before the Council: 1) vote on the motion to continue the discussion to Closed Session for selecting additional legal support for the Council, or 2) make a substitute motion to identify a selection process to find outside legal counsel and include the City Attorney in the discussion, or 3) just do nothing. Councilmember Carr stated support for returning to discussions during the next Closed Session, and determining at that time the boundaries for using an outside legal firm, and when it would be appropriate to include the City Attorney in the discussions. A substitute motion was made by Kalmick, second Bolton to direct the City Manager to engage a process, which includes discussion with the City Attorney's Office, to facilitate the City Council's selection of an outside legal firm, for conflict situations, that would directly report to and support the City Council, and then exclude any further involvement by the City Attorney's Office. Discussion ensued. Councilmember Bolton withdrew her second to Councilmember Kalmick’s substitute motion, and amended her original to continue discussions in Closed Session at the Council's next regular meeting on January 18, 2022. Councilmember Carr seconded the motion as amended. The original motion as amended carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None COUNCILMEMBER COMMENTS (Not Agendized) Mayor Delgleize expressed her gratitude to everyone who spoke up on Councilmember Items #37. In closing, Mayor Delgleize read the following statement: "You are going to come in contact with a lot of people who are absolutely at the breaking point this week. Friends, family, co-workers, teachers, strangers in the grocery store, or retail workers. While it may be the merriest time of the year for some, it is the saddest, most stressful, loneliest, and most heart breaking for others. We are all busy, but not too busy to be kind, caring and patient. Remember, the best thing you can do this season is to give someone love." ADJOURNMENT — 10:32 PM to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, January 18, 2022, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. 51 City Council/PFA Regular Meeting Minutes and Special Meeting Minutes for the Housing Authority, Parking Authority, and Successor Agency December 21, 2021 Page 28 of 28 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, Housing Authority, Parking Authority and Successor Agency of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 52 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-006 MEETING DATE:1/18/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor Pro Tem and City Council Members SUBMITTED BY:Barbara Delgleize, Mayor DATE:January 18, 2022 Subject: Annual Review of the City Code of Ethics Statement of Issue: Resolution No. 2016-73 specifies that an annual review of the City Code of Ethics (Code) should occur each year. As stated in the Code, its purpose is “to set a standard of conduct for all elected officials, officers, employees, and members of advisory boards, commissions, committees of the City of Huntington Beach.” The Mayor, City Manager, Chairpersons, and City Department Directors are responsible for accomplishing this annual review. With this memorandum, I am formally presenting the City Code of Ethics to the City Council, City Manager, Chairpersons, and City Department Directors for their review and distribution as specified by Resolution No. 2016-73. An explanation of the Code and link to Resolution No. 2016-73 can be found on the City’s website under Transparency in Huntington Beach - HB Open. Financial Impact: None. Recommended Action: Direct the City Clerk to record in the official minutes that the City Code of Ethics was presented to the City Council, City Manager, Chairpersons, and City Department Directors for their review and distribution as required by Resolution No. 2016-73. Alternative Action(s): None. Strategic Plan Goal: Non-Applicable - Administrative Item City of Huntington Beach Printed on 1/14/2022Page 1 of 2 powered by Legistar™53 File #:22-006 MEETING DATE:1/18/2022 Attachment(s): 1. Resolution No. 2016-73, including Exhibit “A”, City of Huntington Beach Code of Ethics. City of Huntington Beach Printed on 1/14/2022Page 2 of 2 powered by Legistar™54 55 56 57 58 59 60 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:21-972 MEETING DATE:1/18/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Reaffirm adoption of Resolution No. 2021-62 finding a proclaimed state of emergency continues to impact the ability to meet safely in person, and allows meetings of the City Council and all City boards, commissions and committees to be conducted remotely as needed in compliance with new Brown Act provisions identified in Assembly Bill 361 Statement of Issue: On September 16, 2021, Governor Newsom approved Assembly Bill 361 (Rivas) that amends the Ralph M. Brown Act to include a new authorization that allows all local agencies to host remote meetings and remote public comments. The authorization, which largely extends the provisions of the Governor’s Executive Order N-29-20 (approved March 17, 2020) and Executive Order N-35-20 (approved March 21, 2020), is in effect until January 1, 2024. To comply with the new provisions identified in AB 361, the City Council adopted Resolution No. 2021-62 finding a proclaimed state of emergency continues to impact the ability to meet safely in person, and allows meetings of the City Council and all City boards, commissions and committees to be conducted remotely as needed due to health and safety concerns for the public. Financial Impact: Not applicable. Recommended Action: Reaffirm Resolution No. 2021-62, “A Resolution of the City Council of the City of Huntington Beach, California, Finding that the Proclaimed State of Emergency Continues to Impact the Ability to Meet Safely in Person.” Alternative Action(s): Do not reaffirm Resolution No. 2021-62 and direct staff accordingly. Analysis: A provision of Assembly Bill 361 requires local agencies to verify every 30 days that the exemption from traditional teleconference requirements is still necessary. Specifically, the legislative body must City of Huntington Beach Printed on 1/14/2022Page 1 of 2 powered by Legistar™61 File #:21-972 MEETING DATE:1/18/2022 make findings no later than 30 days after the first teleconference and every 30 days thereafter that: ·The legislative body has reconsidered the state of emergency circumstances; and ·Either i) the state of emergency continues to directly impact the ability of the members to meet safely in person, or ii) state or local officials continue to impose or recommend measures to promote social distancing. If necessary, the City will continue to make appropriate findings at least every 30 days to ensure compliance with this verification requirement of Assembly Bill 361 until its sunset date of January 1, 2024. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Resolution No. 2021-62 2. Assembly Bill 361 City of Huntington Beach Printed on 1/14/2022Page 2 of 2 powered by Legistar™62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:21-1010 MEETING DATE:1/18/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Sean Joyce, Interim City Manager PREPARED BY:Travis K. Hopkins, Assistant City Manager Subject: Approve appointment of Iliana Velazquez to the Huntington Beach Human Relations Committee (HBHRC) as recommended by City Council Liaisons, Councilmember Rhonda Bolton and Councilmember Natalie Moser Statement of Issue: The City Council is asked to consider one appointment to the Huntington Beach Human Relations Committee currently to fill one unscheduled vacancy. Financial Impact: Not applicable. Recommended Action: Approve the appointment of Iliana Velazquez as a member of the Huntington Beach Human Relations Committee through December 31, 2025, the end of term for the current unscheduled vacancy, as recommended by City Council Liaisons Bolton and Moser. Alternative Action(s): Do not approve the recommended appointment and direct staff accordingly. Analysis: The Huntington Beach Human Relations Committee (HBHRC) is a nine (9) member advisory board to the City Council with a mission to “inspire and promote mutual understanding, respect, safety, and the wellbeing of all in our community through education and engagement.” Currently, there is one unscheduled vacancy on the Committee, due to the resignation of Committee Member Antonio Benitez. The City advertised the vacancy through the following means: postings on the City's website and facilities. 16 eligible applications were reviewed and considered for appointment. After deliberation, both City Council Liaisons recommend Iliana Velazquez to fill the vacancy, which is scheduled to end on December 31, 2025. City of Huntington Beach Printed on 1/14/2022Page 1 of 2 powered by Legistar™80 File #:21-1010 MEETING DATE:1/18/2022 Ms. Velazquez is a marketing expert with over 20 years of experience in product management, marketing, and strategy. Fluent in Spanish, she has supported many community organizations working with diverse, multi-ethnic communities and been serving the HBHRC as a volunteer for various tasks. Additionally, she is a recent graduate of the Huntington Beach Citizens Academy. Her application and the HBHRC’s updated member roster are attached. Environmental Status: Not applicable. Strategic Plan Goal: Community Engagement Attachment(s): 1. Application for Appointment - Iliana Velazquez 2. HBHRC Membership Roster City of Huntington Beach Printed on 1/14/2022Page 2 of 2 powered by Legistar™81 Application for Appointment to a Citizen Commission, Board, Committee, or Task Force Page 1 Last Name *First Name *Middle Initial Date * Name of Board, Commission, Committee, or Task Force * Length of Residency in Huntington Beach * Occupation * United States Citizen?*Currently Serving on a City Board or Commission?* Home Address:* Phone Numbers Personal Type *(?)Number * Phone Numbers Business Type (?)Number Personal Email * Velazquez Iliana 1/7/2021 Human Relations Task Force 10 years Marketing Director Yes No Yes No City Huntington Beach State CA Postal / Zip Code 92646 Street Address Address Line 2 ilianavelazquez@hotmail.com 82 Page 2 Educational Background * Professional Licenses and/or Associations * Professional Experience * Special Knowledge or Skills * Civic Interests and/or Service Memberships?* How will your qualifications best serve the citizen advisory group that you are applying for, and why do you wish to serve on this group?* It is the policy of the City Council to make appointments to the citizen commissions, boards, and committees, based on the needs of the city, as well as the interests and qualifications of each applicant. Selection will be made without discrimination based on the race, creed, gender, or sexual orientation of the applicant. Additional information concerning a particular commission, board, committee, or task force or the application process is available through the staff support department identified above. General questions can be directed to Cathy Fikes, (714) 536-5553. BA from University of California, San Diego MBA from University of Southern California Certified by Association of International Product Marketing and Management Volunteer Junior Achievement Program Proactive and results-oriented Product and Marketing Leader with over 20 years of experience in product management, marketing and strategy. Fluent in Spanish, experience working with diverse communities, strong collaboration and communication skills I am interested in contributing back to Huntington Beach and want to have more of a direct impact. I am part of an Enrichment Organization at work for Latinos and enjoy volunteering at my local church. I have also volunteered for the Junior Achievement Program. I have lived in Huntington Beach for over 10 years and have 2 children. As a first generation college graduate growing up in lower income neighborhoods, I feel I can bring a unique perspective to this advisory group. My husband grew up in Huntington Beach and we are a multiracial family. We love our community and I want to help ensure that it continues to be a wonderful, welcoming place for us and our future generations. Times have changed and the perception of Huntington Beach has also changed. The combination of my background, my work experience and commitment to the community will allow me to make impactful contributions. 83 The City of Huntington Beach HUMAN RELATIONS COMMITTEE Membership Roster Effective January 6, 2022 MEMBER SEATS WITH TERMS EXPIRING 12-31-2023 NAME Date of Appointment 1st Term Expiration 2nd Term Expiration 1 Debbie Parrott 3-15-2021 12-31-23 2 V.C. Rhone 12-18-2017 12-31-19 12-31-23 3 Jonathan Smith 10-05-2021 12-31-23 4 Teresa Carlisle 1-21-2020 12-31-23 5 Timothy Stuart 1-21-2020 12-31-23 MEMBER SEATS WITH TERMS EXPIRING 12-31-2025 NAME Date of Appointment Partial Term Expiration (per HBMC) 1st Term Expiration 6 Chris Hoff 3-15-2021 12-31-21 12-31-25 7 Hemesh Patel 1-21-2020 12-31-21 12-31-25 8 Elaine Bauer Keeley 10-05-2021 12-31-21 12-31-25 9 VACANT (Benitez) Iliana Velazquez* 1-18-2022 12-31-25 *pending City Council approval on 1/18/2022 84 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-030 MEETING DATE:1/18/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Sean Joyce, Interim City Manager PREPARED BY:Chris Slama, Director of Community & Library Services Subject: Approve and authorize execution of Professional Services Contracts for On-Call Professional Design/Landscape Architectural Services with David Volz Design, Integrated Consulting Group, Inc., Michael Baker International, Inc., Moore Iacofano Goltsman, Inc., NUVIS, and RJM Design Group, Inc. each in an amount not to exceed $1,000,000 over a three-year term Statement of Issue: The Community & Library Services and Public Works Departments require professional design/landscape architectural services on an on-call, as-needed basis for landscape design and construction administration for capital projects and city facilities. Financial Impact: More than $3.5 million in park development projects are included in the FY 2021/22 Capital Improvement Program (CIP). With additional projects anticipated to be scheduled in future years , there is a need to approve new professional services contracts for project design, efficiency and continuity purposes. The six recommended contracts, totaling a not-to-exceed amount of $1.0 million each, will be funded as needed. As such, no additional funding is required for this action. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a “Professional Services Contract Between the City of Huntington Beach and David Volz Design Landscape Architects, Inc. for As- Needed Professional Design/Landscape Architectural Services” in an amount not to exceed $1,00 0,000 over a three-year term; and, B) Approve and authorize the Mayor and City Clerk to execute a “Professional Services Contract Between the City of Huntington Beach and Integrated Consulting Group, Inc. for As-Needed Professional Design/Landscape Architectural Services” in an amount not to exceed $1,000,000 over a three-year term; and, C) Approve and authorize the Mayor and City Clerk to execute Professional Services Contract City of Huntington Beach Printed on 1/14/2022Page 1 of 4 powered by Legistar™85 File #:22-030 MEETING DATE:1/18/2022 Between the City of Huntington Beach and Michael Baker International, Inc. for As-Needed Professional Design/Landscape Architectural Services” in an amount not to exceed $1,000,000 over a three-year term; and, D) Approve and authorize the Mayor and City Clerk to execute a “Professional Services Contract Between the City of Huntington Beach and Moore Iacofano Goltsman, Inc. (MIG, Inc.) for As-Needed Professional Design/Landscape Architectural Services” in an amount not to exceed $1,000,000 over a three-year term; and, E) Approve and authorize the Mayor and City Clerk to execute a “Professional Services Contract Between the City of Huntington Beach and NUVIS for As-Needed Professional Design/Landscape Architectural Services” in an amount not to exceed $1,000,000 over a three-year term; and, F) Approve and authorize the Mayor and City Clerk to execute a “Professional Services Contract Between the City of Huntington Beach and RJM Design Group, Inc. for As-Needed Professional Design/Landscape Architectural Services” in an amount not to exceed $1,000,000 over a three-year term. Alternative Action(s): Do not approve the recommended actions and direct staff accordingly. Analysis: The current FY 2021/22 Capital Improvement Program (CIP) includes over $3.5 million in Parks, Facilities and Beach Development projects, and several projects are anticipated to be added throughout the term of the contracts. Proposals for Professional Design/Landscape Architecture Services were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Thirteen proposals were received and staff from Public Works and Community & Library Services reviewed and ranked the submittals based on firm qualifications, experience, staffing, and project understanding and methodology (Attachment 7). Based on this review, staff is recommending contract awards to the following six firms: 1) David Volz Design, 2) Integrated Consulting Group, Inc., 3) Michael Baker International, Inc., 4) Moore Iacofano Goltsman, Inc., 5) NUVIS, and 6) RJM Design Group, Inc. These professional service contracts allow the Community & Library Services and Public Works Departments to utilize professional landscape services in a timely manner on an on-call, as-needed basis for a wide variety of projects, including new development, refurbishing, building design, and environmental assessment. The contracts will also allow each vendor’s area of expertise to be utilized as needed and based on availability for scheduled and upcoming projects. Funding sources for work on various CIP projects will be the City Council approved CIP budget. The contracts provide for a three-year contract term with a total budget not to exceed $1,000,000 for each vendor. The $1,000,000 amount is a not-to- City of Huntington Beach Printed on 1/14/2022Page 2 of 4 powered by Legistar™86 File #:22-030 MEETING DATE:1/18/2022 exceed limit only, and not a guaranteed amount. The City will issue task orders for each project based upon the scope of services. For task orders greater than $50,000, the City will typically solicit proposals from two or more qualified consultants. In general, the scope of work for landscape architecture firms may involve all phases of a development project. The following summarizes the major elements of the scope of work included in the RFP. Preliminary Plans and Design -Prepare alternative preliminary layouts, surveying, architectural services, and estimates of probable cost for alternatives, and prepare details and calculations. Present alternatives, as needed at staff and/or City Council meetings, and provide recommendations and analyses of the advantages of each alternative. Entitlements/Permits -As a primary consultant, assist the City in obtaining entitlements and approvals from applicable agencies for environmental and/or other permits as may be required. Construction Documents -Prepare designs, plans, specifications, cost estimates and contract bidding documents. The City shall review the construction documents at the preliminary engineering, 60%, 90%, and final documents stages. Landscape, Architectural, Engineering Services -Provide landscape, architectural, planning, and design services primarily for existing City Parks, facilities, Community Centers, Clubhouses, i.e., tenant improvements, ADA modifications, etc., and park developments, as well as City medians and public spaces. Prepare sketches, renderings, and materials boards providing alternative architectural concepts, designs, and options that can be applied to project requirements. Prepare construction drawings for bidding and archival purposes, as well as technical specifications for materials and methods. Technical Reports and Analysis - Prepare needs assessments, master plans, and technical studies such as park development fee analysis, including public outreach, community workshops and surveys. Bidding Stage - Assist the City in answering bidders’ questions, attend pre-bid conferences and job walks, prepare addenda, analyze bids, and recommend award. Construction Stage - Attend pre-construction conference, monitor construction schedule, visit construction site as required for progress and quality of work. Assist the contract manager, contractor, and inspector with interpretation of the plans, and specifications, analysis of changed conditions, development of corrective action, review of shop drawings, and as-built drawings. In addition to the services listed above, through the use of sub-consultants or in-house personnel, landscape architect firms may be required to perform environmental assessments, civil and soils engineering and building architecture. Given the breadth of services required, it is customary to have more than one qualified landscape City of Huntington Beach Printed on 1/14/2022Page 3 of 4 powered by Legistar™87 File #:22-030 MEETING DATE:1/18/2022 architecture firm available to provide specific areas of expertise and to accommodate potential scheduling issues. The City then has the option of selecting either one of these firms to consult on a project. Current FY 2021/22 CIP Projects requiring landscape architectural services include Marina Park Rehabilitation, Edison Park Reconfiguration, as well as Carr Park improvements. Additional park development projects will be added to future CIP’s. Environmental Status: Not applicable - Once initiated, specific projects will go through the appropriate entitlement process. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and David Volz for On- Call Professional Design/Landscape Architectural Services 2. Professional Services Contract between the City of Huntington Beach and Integrated Consulting Group, Inc. for On-Call Professional Design/Landscape Architectural Services 3. Professional Services Contract between the City of Huntington Beach and Michael Baker International, Inc. for On-Call Professional Design/Landscape Architectural Services 4. Professional Services Contract between the City of Huntington Beach and Moore Iacofano Goltsman, Inc. for On-Call Professional Design/Landscape Architectural Services 5. Professional Services Contract between the City of Huntington Beach and NUVIS for On-Call Professional Design/Landscape Architectural Services 6. Professional Services Contract between the City of Huntington Beach and RJM Design Group, Inc. for On-Call Professional Design/Landscape Architectural Services 7. Rating sheet list of On-Call Professional Design/Landscape Architectural Proposals City of Huntington Beach Printed on 1/14/2022Page 4 of 4 powered by Legistar™88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 ÐÑÔ×ÝÇÒËÓÞÛÎæ COMMERCIAL GENERAL LIABILITY ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò   ̸·­»²¼±®­»³»²¬³±¼·º·»­·²­«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ    ײº±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·­Í½¸»¼«´»ô·º²±¬­¸±©²¿¾±ª»ô©·´´¾»­¸±©²·²¬¸»Ü»½´¿®¿¬·±²­ò ·­¿³»²¼»¼¬±·²ó ´±½¿¬·±²¼»­·¹²¿¬»¼¿²¼¼»­½®·¾»¼·²¬¸»­½¸»¼«´»±º ½´«¼»¿­¿²¿¼¼·¬·±²¿´·²­«®»¼¬¸»°»®­±²ø­÷±®±®ó ¬¸·­»²¼±®­»³»²¬°»®º±®³»¼º±®¬¸¿¬¿¼¼·¬·±²¿´·²ó ¹¿²·¦¿¬·±²ø­÷­¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§©·¬¸ ­«®»¼¿²¼·²½´«¼»¼·²¬¸»þ°®±¼«½¬­ó½±³°´»¬»¼±°»®¿ó ®»­°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þ±®þ°®±°»®¬§¼¿³ó ¬·±²­¸¿¦¿®¼þò ¿¹»þ½¿«­»¼ô·²©¸±´»±®·²°¿®¬ô¾§þ§±«®©±®µþ¿¬¬¸» ×ÍÑЮ±°»®¬·»­ôײ½òôîððì п¹»ï±ºï Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. CG T8 02 XX XX DATE OF ISSUE: 6806H244891 10/29/2021 161 ÐÑÔ×ÝÇÒËÓÞÛÎ COMMERCIAL GENERAL LIABILITY ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò    ̸·­»²¼±®­»³»²¬³±¼·º·»­·²­«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ    øײº±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·­Í½¸»¼«´»ô·º²±¬­¸±©²¿¾±ª»ô©·´´¾»­¸±©²·²¬¸»Ü»½´¿®¿¬·±²­ò÷ Í»½¬·±²×× É¸±×­ß²×²­«®»¼·­¿³»²¼»¼¬±·²ó ̸·­·²­«®¿²½»¼±»­²±¬¿°°´§¬±þ¾±¼·´§·²¶«®§þ±® ½´«¼»¿­¿²¿¼¼·¬·±²¿´·²­«®»¼¬¸»°»®­±²ø­÷±® þ°®±°»®¬§¼¿³¿¹»þ±½½«®®·²¹ô±®°»®­±²¿´·²¶«®§Œ ±®¹¿²·¦¿¬·±²ø­÷­¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§ ±®¿¼ª»®¬·­·²¹·²¶«®§Œ¿®·­·²¹±«¬±º¿²±ºº»²­» ©·¬¸®»­°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þôþ°®±°»®¬§ ½±³³·¬¬»¼ô¿º¬»®æ ¼¿³¿¹»þôþ°»®­±²¿´·²¶«®§Œ±®¿¼ª»®¬·­·²¹·²¶«®§þ ß´´©±®µô·²½´«¼·²¹³¿¬»®·¿´­ô°¿®¬­±®»¯«·°ó½¿«­»¼ô·²©¸±´»±®·²°¿®¬ô¾§æ ³»²¬º«®²·­¸»¼·²½±²²»½¬·±²©·¬¸­«½¸©±®µô DZ«®¿½¬­±®±³·­­·±²­å±®±²¬¸»°®±¶»½¬ø±¬¸»®¬¸¿²­»®ª·½»ô³¿·²¬»ó ²¿²½»±®®»°¿·®­÷¬±¾»°»®º±®³»¼¾§±®±²̸»¿½¬­±®±³·­­·±²­±º¬¸±­»¿½¬·²¹±²§±«®¾»¸¿´º±º¬¸»¿¼¼·¬·±²¿´·²­«®»¼ø­÷¿¬¬¸»´±½¿ó¾»¸¿´ºå ¬·±²±º¬¸»½±ª»®»¼±°»®¿¬·±²­¸¿­¾»»²½±³ó·²¬¸»°»®º±®³¿²½»±º§±«®±²¹±·²¹±°»®¿¬·±²­º±®°´»¬»¼å±®¬¸»¿¼¼·¬·±²¿´·²­«®»¼ø­÷¿¬¬¸»´±½¿¬·±²ø­÷¼»­·¹ó ̸¿¬°±®¬·±²±ºþ§±«®©±®µþ±«¬±º©¸·½¸¬¸»²¿¬»¼¿¾±ª»ò ·²¶«®§±®¼¿³¿¹»¿®·­»­¸¿­¾»»²°«¬¬±·¬­·²óÉ·¬¸®»­°»½¬¬±¬¸»·²­«®¿²½»¿ºº±®¼»¼¬±¬¸»­»¬»²¼»¼«­»¾§¿²§°»®­±²±®±®¹¿²·¦¿¬·±²¿¼¼·¬·±²¿´·²­«®»¼­ô¬¸»º±´´±©·²¹¿¼¼·¬·±²¿´»¨½´«ó ±¬¸»®¬¸¿²¿²±¬¸»®½±²¬®¿½¬±®±®­«¾½±²¬®¿½ó­·±²­¿°°´§æ ¬±®»²¹¿¹»¼·²°»®º±®³·²¹±°»®¿¬·±²­º±®¿ °®·²½·°¿´¿­¿°¿®¬±º¬¸»­¿³»°®±¶»½¬ò ݱ°§®·¹¸¬îððë̸»Í¬òп«´Ì®¿ª»´»®­Ý±³°¿²·»­ôײ½òß´´®·¹¸¬­®»­»®ª»¼ò п¹»ï±ºï ײ½´«¼»­½±°§®·¹¸¬»¼³¿¬»®·¿´±º×²­«®¿²½»Í»®ª·½»­Ñºº·½»ôײ½ò©·¬¸·¬­°»®³·­­·±²ò Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. CG T8 01 XX XX DATE OF ISSUE: 6806H244891 10/29/2021 162 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this methoo, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non-Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis. this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury'' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit perioo we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation , and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written not ice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, prooucts or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1000219 Includes copyrighted material of Insurance Services Office, Inc. with its permiss ion. Policy #6806H244891 6806H2448916806H244891 163 COMMERCIAL GENERAL LIABILITY that is available to any of your "employees"occupational therapist or occupational for "bodily injury" that arises out of providingtherapy assistant, physical therapist or or failing to provide "incidental medicalspeech-language pathologist; or services" to any person to the extent not(b)First aid or "Good Samaritan services"subject to Paragraph 2.a.(1)of Section II –by any of your "employees" or "volunteer Who Is An Insured.workers", other than an employed or volunteer doctor. Any such "employees"K. MEDICAL PAYMENTS – INCREASED LIMIT or "volunteer workers" providing or failing The following replaces Paragraph 7.ofto provide first aid or "Good Samaritan SECTION III – LIMITS OF INSURANCE:services" during their work hours for you 7.Subject to Paragraph 5.above, the Medicalwill be deemed to be acting within the scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business.because of "bodily injury" sustained by any one person, and will be the higher of:3.The following replaces the last sentence of Paragraph 5.of SECTION III – LIMITS OF a.$10,000; orINSURANCE: b.The amount shown in the Declarations ofFor the purposes of determining the this Coverage Part for Medical Expenseapplicable Each Occurrence Limit, all related Limit.acts or omissions committed in providing or failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION – PROFESSIONAL LIABILITYservices" to any one person will be deemed The following is added to Paragraph 4.b.,to be one "occurrence".Excess Insurance, of SECTION IV –4.The following exclusion is added to COMMERCIAL GENERAL LIABILITYParagraph2.,Exclusions, of SECTION I –CONDITIONS: COVERAGES – COVERAGE A – BODILY This insurance is excess over any of the otherINJURY AND PROPERTY DAMAGE insurance, whether primary, excess, contingentLIABILITY:or on any other basis, that is ProfessionalSale Of Pharmaceuticals Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION –pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACTknowledge or consent of the insured.OR AGREEMENT5.The following is added to the DEFINITIONS The following is added to Paragraph 8.,TransferSection: Of Rights Of Recovery Against Others To Us,"Incidental medical services" means:of SECTION IV – COMMERCIAL GENERAL a.Medical, surgical, dental, laboratory, x-LIABILITY CONDITIONS: ray or nursing service or treatment,If the insured has agreed in a written contract oradvice or instruction, or the related agreement to waive that insured's right offurnishing of food or beverages; or recovery against any person or organization, we b.The furnishing or dispensing of drugs or waive our right of recovery against such personmedical, dental, or surgical supplies or or organization, but only for payments we makeappliances.because of: 6.The following is added to Paragraph 4.b.,a."Bodily injury" or "property damage" thatExcess Insurance, of SECTION IV –occurs; orCOMMERCIAL GENERAL LIABILITY b."Personal and advertising injury" caused byCONDITIONS: an offense that is committed;This insurance is excess over any valid and subsequent to the signing of that contract orcollectible other insurance, whether primary, excess, contingent or on any other basis,agreement. CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy #6806H244891 COMM RCI L AUTOE A T IS ENDORSEMENT CHANGES T E POLICY.PL ASE READ IT CAREFULLY.H H E BLANKET ADDITIONAL INSURED Thi e dorseme t m d fie i surance prov ded under he f l o ing:s n n o i s n i t o l w BUS NE S A TO OV RAGE F RMI S U C E O M TO CA RI R COV RA E F RMO R R E E G O The fo lo ing i added to Parag aphl w s r c.in A.1.,Who be ween you and that pe son or organiza ion,that istrt Is An Insu edr,of SECTION II CO E ED AU OV R T S si ned by yo be o e the "bodi y injury or "prope tyg u f r l " r L ABI I Y CO E AGEI L T V R in the BUSIN SS AUTE O dam ge occur and that is in ef e t during the pol cya " s f c i CO ERAGE FO MVR and Pa agraphr e.in A.1.,Who Is pe iod,to nam as an addi ional insured fo Cov redretr e An Insu edr,of SECT ON II CO ERED AU OIV T S Auto Liabil ty Cov rage,but o ly fo dam ges tos i e n r a L ABI I Y CO ERAGEI L T V in the MOT R CARRIEOR whi h this insurance applie an only to the ex ent ocs d t f CO ERAGE FO MVR,whichev r Co erage Form i that perso 's o o ganizat o 'se v s n r r i n lia il ty fo the co ductb i r n pa t o y ur poli y o anot er "in ured".r f o c :f h s Thi i cl de any perso or organi ation who you ares n u s n z re ui ed unde a written cont a t o ag ee entq r r r c r r m CA 4 37 2 16T 0 ©2016 The Travelers Indemnity Company.All rights reserved.Page 1 of 1 Includes copyrighted material of nsurance Services OfIf ce,Inc.with its permis ion.i s Policy:BA2S559471 165 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5.,Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us,of the prior to any "accident"or "loss",provided that the CONDITIONS Section:"accident"or "loss"arises out of the operations 5.Transfer Of Rights Of Recovery Against Oth-contemplated by such contract.The waiver ap- ers To Us plies only to the person or organization desig- nated in such contract.We waive any right of recovery we may have against any person or organization to the extent CA T3 40 02 15 ©2015 The Travelers Indemnity Company.All rights reserved.Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy #BA2S559471 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (A) POLICY NUMBER: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be %of the California workers'compensation pre- mium. Schedule Person or Organization Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insurance Company Countersigned by DATE OF ISSUE:Page 1 of 1 Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. UB7J274169 Travelers Property Casualty Company of America 10/19/2021 167 1 of 11 22-10843/273745 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RJM DESIGN GROUP, INC. FOR AS-NEEDED PROFESSIONAL DESIGN/LANDSCAPE ARCHITECURAL SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY,” and RJM Design Group, Inc., a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide as-need professional design/landscape architectural services; 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 Zachary Mueting 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. 168 169 170 171 172 173 174 8 of 11 22-10843/273745 TO CITY: TO CONSULTANT: City of Huntington Beach ATTN: Director of Community & Library Services 2000 Main Street Huntington Beach, CA 92648 RJM Design Group, Inc. ATTN: Zachary Mueting 31591 Camino Capistrano San Juan Capistrano, CA 92675- 2649 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 175 176 177 178 179 180 181 182 183 184 185 186 Rater #1 Rater #2 Rater #3 AVG Proposer David Volz Design Gllb Hirsch & Associate Integrated Consulting Group, Inc. Micheal Baker International, Inc. MIG, Inc. NUVIS Landscape Architecture RHA RJM Design Group, Inc. Site Scape Studio One Eleven SWA Verde Design Subtotal (100 max) CITY OF HUNTINGTON BEACH On-Call Professional Design/ Landscape Architectural Services 187 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-032 MEETING DATE:1/18/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis K. Hopkins, Assistant City Manager PREPARED BY:Travis K. Hopkins, Assistant City Manager Subject: Affirm the Employment Agreements for Sean Joyce as Interim City Manager and Eric Parra as Chief of Police Statement of Issue: In December 2021, the City Council selected and appointed Sean Joyce as the Interim City Manager and Eric Parra as the Chief of Police during special meetings. The employment agreements for these positions are being affirmed during a regularly scheduled City Council meeting pursuant to, and in accordance with, Government Code Section 54956 (b). Financial Impact: Funding for both positions is included in the FY 2021/2022 budget. Recommended Action: Pursuant to Government Code Section 54956 (b), approve the following actions: A) Affirm the employment agreement with Mr. Joyce who has been appointed to serve as Interim City Manager; and/or B) Affirm the employment agreement with Mr. Parra who has been appointed to serve as the Chief of Police. Alternative Action(s): Do not approve one or more recommended actions and provide staff with alternate direction. Analysis: During a special meeting on December 1, 2021, the City Council and City Manager selected Eric Parra as the Police Chief and authorized the execution of an Employment Agreement with Mr. Parra. During a special meeting on December 14, 2021, the City Council selected Sean Joyce as the Interim City Manager and authorized the execution of an Employment Agreement with Mr. Joyce. City of Huntington Beach Printed on 1/14/2022Page 1 of 2 powered by Legistar™188 File #:22-032 MEETING DATE:1/18/2022 The City Council affirms the direction to execute the employment agreements of Mr. Joyce and Mr. Parra (see attached). Environmental Status: N/A Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Employment Agreement with Sean Joyce 2. Employment Agreement with Eric Parra City of Huntington Beach Printed on 1/14/2022Page 2 of 2 powered by Legistar™189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:21-1016 MEETING DATE:1/18/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Sean Joyce, Interim City Manager PREPARED BY:Sean Crumby, Director of Public Works Subject: Adopt Ordinance No. 4245 amending Ch. 3.02 of the Huntington Beach Municipal Code, Ordinance No. 4246 adding Ch. 17.52 to the Huntington Beach Municipal Code, and Ordinance No. 4247 amending Chapter 8.21 and adding Ch. 8.22 of the Huntington Beach Municipal to comply with State Mandated Organics Collection and Recycling Services, Edible Food Recovery, and Procurement As Required by CalRecycle Approved for Introduction December 21, 2021 - Vote: 7-0 Statement of Issue: Senate Bill 1383 (Lara, Chapter 395, Statutes of 2016) codifies and creates regulations that local jurisdictions must implement to achieve reduction in the emission of greenhouse gas from solid wastes, specifically organic materials. Under these regulations, by January 1, 2022 the City of Huntington Beach is required to adopt an ordinance that establishes the mandated organics collection service requirements and enforcement protocols, including a schedule of fines for non- compliant entities. The proposed ordinances provide the mandated updates to the Huntington Beach Municipal Code. Financial Impact: There is no immediate financial impact as a result of this action. There may eventually be an increase in revenue in FY 2023-2024 and beyond as enforcement programs are implemented. This would be the result of fines issued to non-compliant entities. This revenue may be offset by the expense of enforcing the regulations. Recommended Action: A) Adopt Ordinance No. 4245, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 3.02 of the Huntington Beach Municipal Code Purchase of Goods and Services;” and, B) Adopt Ordinance No. 4246, “An Ordinance of the City Council of the City of Huntington Beach Adding Chapter 17.52 to the Huntington Beach Municipal Code Green Building Standards Code;” City of Huntington Beach Printed on 1/14/2022Page 1 of 4 powered by Legistar™214 File #:21-1016 MEETING DATE:1/18/2022 and, C) Adopt Ordinance No. 4247, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 8.21 of the Huntington Beach Municipal Code Refuse Management and Adding Chapter 8.22 Mandatory Organic Waste Disposal Reduction.” Alternative Action(s): Do not approve one or more of the above actions. Direct staff to proceed differently. Analysis Several years ago, Governor Brown signed into law SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, the most significant waste reduction mandate adopted in California in 30 years. The law focuses on reduction of methane waste, which is known as a climate “super pollutant.” Landfills are the third largest source of methane in the state due to the decomposition of organic waste (i.e., food scraps, yard trimmings, paper, and cardboard), which makes up approximately half of total landfill disposal. Accordingly, SB 1383 established methane emissions reduction targets to reduce emissions of short-lived climate pollutants (SLCP) as follows: ·A 50% reduction in statewide disposal of organic waste from 2014 levels by 2020. ·A statewide 75% reduction in organic waste to the landfill from 2014 levels by 2025, which equates to over 20 million tons annually. ·20% recovery of edible food currently disposed for distribution to hungry people by 2025. SB 1383 also required CalRecyle to develop regulations to implement the law. On November 3, 2020, the California Office of Administrative Law approved lengthy, specific and comprehensive regulations that stipulate the implementation of residential and commercial organics recovery programs and make local jurisdictions responsible to ensure 100% compliance. Under these regulations, the City is responsible for: ·Evaluating its readiness and capacity to implement SB 1383, including organics collection, recycling, and edible food recovery capacity. ·Providing organic waste collection to all residents and businesses, which means providing service automatically and not relying on the generator to subscribe or “opt-in.” ·Establishing an edible food recovery program that recovers edible food from the waste stream. ·Conducting outreach and education to all affected parties, including generators, haulers, facilities, edible food recovery organizations and city/county departments. ·Procuring recycled organic waste products such as compost, mulch, renewable natural gas, and electricity. However, procuring does not necessarily mean purchasing. ·Inspecting and enforcing compliance with SB 1383. ·Maintaining accurate and timely records of SB 1383 compliance. Finally, and as relevant here, the City is also required to adopt an ordinance or similarly enforceable mechanism to implement relevant provisions of the SB 1383 regulations by January 1, 2022. CalRecycle provides the regulatory oversight for SB 1383 programs and compliance. Failure to enact City of Huntington Beach Printed on 1/14/2022Page 2 of 4 powered by Legistar™215 File #:21-1016 MEETING DATE:1/18/2022 and undertake all SB 1383 responsibilities will result in CalRecycle taking compliance action, which may include fines up to $10,000 per day. Due to various implementation setbacks experienced statewide during the COVID-19 pandemic, CalRecycle has indicated its intention to work with jurisdictions who are still implementing their SB 1383 programs in 2022. However, CalRecycle has also recently indicated that it is imperative for jurisdictions to, at a minimum, have the appropriate ordinances and enforcement mechanisms in place by January 2022. The ordinances being introduced provide for the following changes to the Huntington Beach Municipal Code: ·Ordinance No. 4245 amends Ch. 3.02 Purchases of Goods and Services to enact procurement measures for recycled content paper and recycled compost and mulch. ·Ordinance No. 4246 adds Ch. 17.52 containing the CALGreen provisions for adequate space for recycling storage and collection and for construction and demolition recycling to comply with SLCP requirements for a locally enforceable measure. —Ordinance No. 4247 adds Ch. 8.22 Mandatory Organics Waste Disposal to the Huntington Beach Municipal Code containing a framework for all newly mandated organics services, inspection, and enforcement; and amends Ch. 8.21 Refuse Management to align definitions with the new regulations along with minor cleanup language. Once the ordinances are adopted, the City will be able to provide an organics collection service to all residents and businesses. To that end, Public Works staff has been working with a solid waste consultant, HF & H, to develop and negotiate comprehensive franchise agreement updates with Republic Services. Based on preliminary proposals, it is anticipated that Republic will provide a collection program that includes food scraps mixed with landscape materials. For our residential service customers this will work within the framework of our existing 3-container collection system. For businesses and multifamily customers with commercial bins, most will transition to 3-container service for recycling, organics, and trash. All residents and businesses will be required to have the proper containers and to separate their organic materials accordingly. In order to facilitate the implementation process, the SLCP regulations allow the City to take an educational, rather than punitive approach to enforcement during through 2023. Staff is developing social media and other educational outreach material in anticipation of programs commencing in 2022. The City must begin taking punitive action against non-compliant entities beginning on January 1, 2024. These proposed amendments and additions to the Huntington Beach Municipal Code will provide the mandated programs and services and enforcement of same as set forth in CalRecycle’s SLCP regulations. Staff is recommending City Council approval of this item. Environmental Status: SB 1383 Regulations were the subject of a program environmental impact report (EIR) prepared pursuant to the California Environmental Quality Act (CEQA). The proposed amendments to the Huntington Beach Municipal Code are consistent with the SB 1383 Regulations and the Program EIR. No mitigation measures identified in the Program EIR are applicable to the City’s enactment of City of Huntington Beach Printed on 1/14/2022Page 3 of 4 powered by Legistar™216 File #:21-1016 MEETING DATE:1/18/2022 the proposed ordinance amendments. Moreover, none of the conditions requiring a subsequent or supplemental EIR, as described in Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15163, have occurred. Additionally, the proposed ordinance is exempt from CEQA pursuant to Section 15308, Class 8 of the CEQA Guidelines as an action that will not have a significant impact on the environment and as an action taken by a regulatory agency for the protection of the environment, specifically, for the protection of the climate. No unusual circumstances exist that would cause the proposed ordinance to have a significant effect on the environment. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Ordinance No. 4245, An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 3.02 of the Huntington Beach Municipal Code Purchase of Goods and Services 2. Ordinance No. 4246, An Ordinance of the City Council of the City of Huntington Beach Adding Chapter 17.52 to the Huntington Beach Municipal Code Green Building Standards Code 3. Ordinance No. 4247, An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 8.21 of the Huntington Beach Municipal Code Refuse Management and Adding Chapter 8.22 Mandatory Organic Waste Disposal Reduction 4. PowerPoint Presentation City of Huntington Beach Printed on 1/14/2022Page 4 of 4 powered by Legistar™217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Introduction of Ordinances for the Implementation of SB 1383 Regulations December 21, 2021 275 The Short-Lived Climate Pollutant Reduction Act of 2016 (SLCP), also known as SB 1383, established statewide mandatory Methane Reduction Goals Landfills are the third largest source of methane in California CalRecycle responsible to develop regulations to implement and enforce the mandates Background 276 SB 1383 mandates a 75% reduction in statewide organic waste disposal and 20% recovery and redistribution of edible food to hungry people from 2014 levels by 2025 This is the most comprehensive solid waste legislation since AB 939 was enacted in the 1990’s Background 277 Implementation Regulations Extensive and detailed regulations were created by CalRecycle and approved by the Office of Administrative Law in November 2020. Jurisdictions are responsible to create and implement all mandated organics programs and to ensure 100% compliance. 4 278 City of HB Responsibilities Provide organics (food, yard and fiber) collection to all residents and businesses without relying on the generator to “opt-in” Expand existing edible food recovery program Conduct outreach and education to all affected parties in multiple languages Procure products made from recycled organics including compost, mulch, and paper 279 City of HB Responsibilities Enforce CALGreen construction and demolition recycling along with space for recycling containers in certain new or remodeled buildings Provide the mandated inspections and enforcement per the regulations Maintain accurate, timely records and provide to CalRecycle upon request Adopt ordinance to implement and to enforce the required programs 280 Tonight’s Ordinance The City Attorney has drafted amendments and additions to the HB Municipal Code that comply with CalRecycle’s requirements for enforceable local regulations Adds Ch. 8.22 Mandatory Organics Waste Disposal to the Huntington Beach Municipal Code This new chapter provides a complete framework for all mandated residential and commercial services, inspection, and enforcement 281 Tonight’s Ordinances Adds Ch. 17.52.020 to the HB Municipal Code to Adopt the CALGreen Building Standards for Local Enforcement Amends Ch. 3.02 Purchases of Goods and Services to add the requirements for recycled content organic products, including compost, mulch and paper Amends Ch. 8.21 Refuse Management of the HBMC to align certain definitions with the new regulations and minor cleanup language 282 Finalize franchise updates with Republic Services via HF & H consultants City Council approval of residential and commercial rate increases to pay for the new/expanded services Roll out new/expanded programs and educate all generators about the new programs and how to comply Report progress to CalRecycle Next Steps 283 10 Questions and Comments 284 285 286 287 288 289 290 291 292 293 294 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:21-1017 MEETING DATE:1/18/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Sean Joyce, Interim City Manager PREPARED BY:Dahle Bulosan, Chief Financial Officer Subject: Adopt Ordinance No. 4248 amending Chapter 5.48 of the Huntington Beach Municipal Code regulating Taxicabs to comply with California Government Code Section 53075.5 and Adopt Resolution No. 2021-78 to establish fees for the City of Huntington’s Taxicab Program Approved for Introduction December 21, 2021 - Vote: 7-0 Statement of Issue: California Government Code Section 53075.5 requires cities to adopt ordinances to regulate services provided by taxi companies that are substantially located in the city. City Council approval is requested to approve amendments to the Municipal Code Chapter 5.120 and establish fees for the City’s Taxicab Program. Financial Impact: The proposed taxicab fees would fully offset all costs associated with the administration of the Taxicab Program. The Taxicab program will be managed within the current General Fund budget. Therefore, no new appropriation is needed at this time. Recommended Action: Adopt Ordinance No. 4248, “An Ordinance of the City of Huntington Beach Amending Chapter 5.48 of the Huntington Beach Municipal Code Taxicab-Vehicles for Hire.” Alternative Action(s): Do not approve the recommended action(s) and direct staff accordingly. Analysis: The Orange County Taxi Administration Program (OCTAP), an association of Orange County Agencies, was originally established to regulate taxicab transportation services for all cities within Orange County. In December 2020, OCTAP dissolved and Orange County cities are now responsible for administering their own taxicab programs in jurisdictions where taxi companies are “substantially located” in the city. The California Government Code defines “substantially located” as City of Huntington Beach Printed on 1/14/2022Page 1 of 3 powered by Legistar™295 File #:21-1017 MEETING DATE:1/18/2022 the following: 1) Has its primary business address within the city’s or county’s jurisdiction. 2) The total number of prearranged and nonprearranged trips that originate within that city’s or county’s jurisdiction account for the largest share of the taxicab company’s total number of trips within each county where the taxicab company operated over the previous calendar year, as determined annually. There appears to be several taxi companies with business addresses in Huntington Beach that would be considered to be “substantially located” in the City. In order to comply with State law, staff is recommending the establishment of a Taxicab Program to permit taxicab companies, vehicles, and drivers that would meet the criteria of being “substantially located” in the City. The Taxicab Program establishes minimum safety and service standards for the provision of taxicab services in the City of Huntington Beach. Staff developed regulations to define minimum taxicab company, taxicab vehicle, and taxicab driver permitting requirements. The regulations were developed using OCTAP’s regulations as a base template with modifications for the City of Huntington Beach’s needs and operations. The following are key regulatory program requirements: 1) Taxicab companies must have drug and alcohol policy meeting the City’s Taxicab Program requirements and proof that the company has implemented a Drug and Alcohol Certification Program covering all its affiliated permitted drivers pursuant to Government Code Section 553075.5. 2) A negative drug and alcohol screening test administered by a City approved test lab is required by taxicab drivers to be permitted in the City. 3) All taxicab drivers are required to undergo a Department of Justice live scan fingerprint background check that is reviewed and evaluated by the City’s Police Department for clearance. 4) Submission of evident of insurance, in full force and effect, in such form as required by the City. 5) Taxicab vehicles shall meet the requirements of the California Vehicle Code including insurance, vehicle registration, and maintenance requirements. 6) A violation of any of the City’s Taxicab Program Regulations is subject to a penalty in the form of a fine, suspension and/or revocation of a permit. The City of Huntington Beach’s Taxicab Program Regulations is available in its entirety in Attachment 4. Taxicab Program Fees The services for which a city imposes a user or regulatory fee typically derive from an individual person or entity’s action, request, or behavior. Therefore, except in cases where there is an overwhelming public benefit generated by a city’s involvement in the individual action, a fee for service ensures that the individual bears most, if not all, of the cost incurred by the City to provide that service. When a fee targets “100% or full cost recovery,” the individual is bearing the entirety of the cost. When a fee targets less than full cost recovery, another City revenue source - in most City of Huntington Beach Printed on 1/14/2022Page 2 of 3 powered by Legistar™296 File #:21-1017 MEETING DATE:1/18/2022 the cost. When a fee targets less than full cost recovery, another City revenue source - in most cases, the General Fund - subsidizes the individualized activity. Industry best practice and California statute are in harmony: User and regulatory fees should be set according to the estimated reasonable cost of service and should bear a fair and reasonable relationship to the payer’s burdens on or benefits received from the activities and/or services provided by the City. The proposed Taxicab Program Fees are set at 100% or full cost recovery and is intended to comply with applicable federal, state, and local laws including providing confirmation that the proposed fees (charges) are not a tax as defined in Article 13C of the California Constitution and that the proposed fees are no more than necessary to the cover the reasonable costs of the City’s activities and services addressed in the fees. Additionally, the manner in which the costs are allocated to a payor bear a fair and reasonable relationship to the payor’s burdens on, or benefits received from the activities and services provided by the City. The proposed Taxicab Program Fees are located in attachment 3 and the underlying Cost of Service Analysis used to derive the fee is located in attachment 5. Environmental Status: Not applicable. Strategic Plan Goal: Economic Development & Housing Attachment(s): 1. Ordinance No. 4248, “An Ordinance of the City of Huntington Beach Amending Chapter 5.48 of the Huntington Beach Municipal Code Taxicab-Vehicles for Hire 2. Legislative Draft - Chapter 5.48 Taxicabs-Vehicles for Hire 3. Resolution No. 2021-78, “A Resolution of the City Council of the City of Huntington Beach Establishing Taxicab Permit Fees By Amending Resolution 2016-59, As Amended By Resolution Nos. 2017-28, 2017-44, 2017-46, 2018-01, 2018-29, 2018-48, 2018-55, 2019-07, 2019-19, 2019-87, 2020-37, 2021-17, 2021-18 And 2021-36, Which Established A Consolidated Comprehensive Citywide Master Fee And Charges Schedule (Supplemental Fee Resolution 15) 4. City of Huntington Beach Taxicab Program Administrative Regulations No. 315 5. Taxicab Permitting - Cost of Service Analysis City of Huntington Beach Printed on 1/14/2022Page 3 of 3 powered by Legistar™297 298 299 300 301 302 303 304 305 306 307 RESOLUTION NO. 2021-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING TAXICAB PERMIT FEES BY AMENDING RESOLUTION 2016-59, AS AMENDED BY RESOLUTION NOS. 2017-28, 2017-44, 2017-46, 2018-01, 2018-29, 2018-48, 2018-55, 2019-07, 2019-19, 2019-87, 2020-37, 2021-17, 2021-18 AND 2021-36, WHICH ESTABLISHED A CONSOLIDATED COMPREHENSIVE CITYWIDE MASTER FEE AND CHARGES SCHEDULE (SUPPLEMENTAL FEE RESOLUTION 15) WHEREAS, the City Council adopted Resolution 2016-59 establishing the Consolidated Comprehensive Citywide Master Fee and Charges Schedule (the "Fee and Charges Schedule"); and, The City Council amended the Fee and Charges Schedule pursuant to Resolution No. 2016-59, and further amended the Schedule pursuant to Resolution Nos. 2017-28, 2017-46, 2018-01, 2018-29, 2018-48, 2018-55, 2019-07, 2019-19, 2019-87, 2020-37, 2021-17, 2021-18 and 2021-36; and, User and regulatory fees are established by the City Council; and The City Council desires to add Taxicab Permit Fees to the Fee and Charges Schedule identified in Exhibit A to this Resolution; and The City Council finds that providing these services is of special benefit to applicants both separate and apart from the general benefit to the public; and therefore, in the interests of fairness to the general public, the City desires to better recover the costs of providing these services from applicants who have sought or require the City's services by revising its schedule of fees; and The City Council hereby finds that the study provides adequate evidence to conclude that the revised fees do not exceed the cost to provide the services for which the fees are charged; and The adopted fees shall be incorporated into the City's existing Consolidated Citywide Master Fee and Charges Schedule. Incorporating these fees into the fee schedule will allow for the fees to be considered with future comprehensive user and regulatory fee updates; and NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION I. Resolution No. 2016-59, as amended pursuant to Resolution Nos. 2017-28, 2017-44, 2017-46, 2018-01, 2018-29, 2018-48, 2018-55, 2019-07, 2019-19, 2019-87, 2020-37, 2021-17, 2021-18 and 2021-36 is further amended by adopting the Recommended Fees as set forth in attached in Exhibit A and incorporated by this reference; which shall become effective concurrently with the effective date of Ordinance 4248, and continue thereafter. 308 RESOLUTION NO. 2021-78 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on day of , 2021 . Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager City Attorney Mlj INITIATED AND APPROVED: Chief Financ i al Officer 21-10808/273102 2 309 EXHIBIT A Master Fee and Charges Schedule FY 21-22 Adjustments Finance Department Recommended "lo 1.;ost No. Description Fee Level Recovery Taxicab Program Permit Fees Fee Company Permit [a], [c] $ 3,086.00 100% Fee Vehicle Permit (per vehicle) [a], [c] $ 256.00 100% Fee Driver Permit [a], [C] $ 416.00 100% Fee Replacement Permit (Driver or Taxicab) (b], [CJ $ 66.00 100% Footnote [a] Fixed fee; two-year permit [b] The replacement permit shall be valid for the remaining term of the permit being replaced. [c] City Technology Automation Fee (currently 6°/o) also applies and is in additional to the base permit fee. 310 Page 1 of 31 ADMINISTRATIVE REGULATION Office of the City Manager Number 315 Sections 1-10 Effective Date 12/21/2021 Responsible Department Finance Review Date 12/21/2021 DEFINITIONS A. ASE “ASE” means the National Institute for Automotive Service Excellence. B. Bandit Taxicab “Bandit Taxicab” refers to a Taxicab operating in the City without a valid City permit. C. BAR “BAR” means the Bureau of Automotive Repair. D. Company “Company” includes a natural person, firm, association, organization, partnership, business, trust, corporation, or public entity. E. Company Permit “Company Permit” means a valid permit issued by the City authorizing a Company to operate a Taxicab business within the City. F. Driver “Driver” means a person who has a valid City-issued Driver Permit. G. Driver Permit “Driver Permit” means a valid permit issued by the City authorizing a person to drive or control the movements of a Taxicab. H. Permittee “Permittee” means a Company that holds a valid City Company Permit. I. Taxicab “Taxicab” means a vehicle capable of carrying not more than eight persons, excluding the driver, and used to carry passengers for hire. The term shall exclude a vehicle operating as a Charter Party Carrier licensed as such by any state agency, including the California Public Utilities Commission (CPUC), or any other vehicle operating under the authority of any state agency, including the CPUC. SUBJECT: Taxicab Program Administrative Regulations 311 Page 2 of 31 J. Taxicab Permit “Taxicab Permit” means a valid permit issued by The City, authorizing a particular vehicle to be operated as a Taxicab. K. Transportation Agreements “Transportation Agreements” means any separate agreement that an Agency has established with a CITY Permittee for operation within its jurisdiction. 1. GENERAL RULES AND REQUIREMENTS Each City Permittee, its management, employees, affiliated drivers, leaseholders, and owner-operators are individually and jointly responsible for complying with City Regulations; all California Vehicle Codes and Statutes; all applicable federal, state and local laws, statutes, and ordinances; all ordinances of the City, or County related to the operation of a Taxicab; and all lawful orders, rules, and regulations promulgated thereunder regarding the transportation of customers in a Taxicab. 1.1. Permittee. 1.1.1 Permittee shall ensure Taxicabs are driven only by CITY permitted Drivers. 1.1.2 Permittee shall not operate a Taxicab without a valid Taxicab Permit from CITY, unless otherwise permitted by law. 1.1.3 Permittee shall notify CITY within forty-eight (48) business hours of an affiliated Driver who becomes unqualified or unauthorized to drive a Taxicab or upon termination of employment or affiliation with Permittee. 1.1.4 Permittee shall maintain all programs and requirements for receiving a Company Permit and verify the continuous enrollment of affiliated drivers in their CITY-approved drug and alcohol testing program and DMV Pull Notice program. 1.1.5 Permittee shall comply with any separate requirements that may have been adopted by any Agency in which Permittee intends to operate, including, but not limited to, establishment of a franchise and the payment of business license fees or taxes. 1.1.6 Permittee shall cooperate fully with CITY Staff. 1.1.7 Permittee shall notify CITY staff within forty-eight (48) business hours when vehicles are removed from service and will surrender CITY vehicle permits in accordance with Section 4.5. 1.1.8 Permittee shall maintain reasonable financial responsibility to conduct Taxicab transportation services in accordance with the CITY Regulations. 1.1.9 Permittee shall maintain a safety education and training program in effect for all Taxicab Drivers, whether employees or contractors. 312 Page 3 of 31 1.1.10 Permittee shall maintain a disabled access education and training program to instruct its Taxicab Drivers on compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and amendments thereto, and state disability rights laws, including making clear that it is illegal to decline to serve a person with a disability or who has a service animal. 1.1.11 Permittee shall disclose fares, fees, or rates to the customer, and may satisfy this by disclosing fares, fees, or rates on its Internet Web site, mobile telephone application, or telephone orders upon request. 1.1.12 For on-demand (flagged) trips, the Taxicab must possess a fully operational taximeter with current and intact seals, or any type of device or technology approved by the Division of Measurement Standards to calculate fares, including the use of Global Positioning System metering, provided that the device or technology complies with Section 12500.5 of the Business and Professions Code and with all regulations established pursuant to Section 12107 of the Business and Professions Code. The customer shall not be charged a fare that exceeds the authorized fare. 1.2 Permitted Drivers. 1.2.1 A Driver must possess and display a valid CITY Driver Permit in order to operate a Taxicab, and at all times the taxicab is in operation, on behalf of a Permittee. 1.2.2 A driver shall not operate a taxicab without a valid CITY Taxicab Permit. 1.2.3 Permitted Drivers shall adhere to all regulations related to Taxicab Operation in Section 6. 1.2.4 Permitted Drivers may only pick up passengers in the Area of Jurisdiction of those agencies that have approved the Permittee he/she represents, unless otherwise permitted by law. 1.2.5 Permitted Drivers shall cooperate with the Permittee, Law and Code Enforcement Officers, and CITY Staff, including random testing and all vehicle inspections. 1.2.6 The Driver Permit must be displayed in the passenger side area of the dashboard, easily viewable from inside or outside of the vehicle. The Driver Permit must be attached in a way that makes it removable by the Driver to provide to law enforcement, code enforcement officers, or CITY staff, when requested. The Driver’s California driver license number on the Driver Permit may be covered by a removable label, if desired. No other alterations, covered, or hidden information to the CITY Driver Permit is allowed. 1.2.7 A driver in possession of an altered or defaced permit will not be considered to be in possession of a valid Driver’s Permit. 313 Page 4 of 31 1.2.8 A Driver shall not display another person’s CITY Driver Permit or allow another person to use their Driver Permit. 1.2.9 A Driver shall not carry more passengers in the Taxicab than are authorized by the manufacturer’s recommendations. Operational seat belts must be available for all passengers. 1.2.10 A Driver shall operate a Taxicab in accordance with all applicable state and local laws and regulations and with due regard for the safety, comfort, and convenience of passengers, and of the general public. 2. COMPANY PERMITS No Company shall operate a Taxicab business or advertise as a Taxicab business within the Area of Jurisdiction of an Agency without having first obtained a Company Permit from CITY, unless otherwise authorized by Government Code § 53075.5, or without permission from the Agency to operate in the Area of Jurisdiction of such Agency, if the Agency's legislative body requires such permission. 2.1 Company Permit Requirements. A Company Permit shall be issued from CITY when the following conditions have been satisfied: 2.1.1 Submission of a complete Company Permit application package. 2.1.2 Submission of a copy of the applicant’s drug and alcohol policy meeting CITY requirements and proof that the applicant has implemented a Drug and Alcohol Certification Program covering all its affiliated permitted Drivers pursuant to Government Code §53075.5 and meeting the following requirements 2.1.2.1 A contract with a drug and alcohol program administrator and authorized lab certified by the U.S. Department of Transportation. 2.1.2.2 Procedures and components substantially as in Part 40 of Title 49 of the Code of Federal Regulations, for pre- employment or pre-licensing and licensing renewal. 2.1.2.3 Procedures and components substantially as in Part 382 of Title 49 of the Code of Federal Regulations for rehabilitation, return-to- duty and follow up testing. 2.1.2.4 Procedures and components for random testing following U.S. Department of Transportation guidelines, annual minimum random testing rates, and additional tests as required following accidents, rehabilitation, return-to-service, 314 Page 5 of 31 and other circumstances providing reasonable suspicion to test. 2.1.2.5 When requested, random testing reports to be made available to CITY by the program administrator. 2.1.2.6 The applicant’s and program administrator’s records shall be made available to CITY upon request within forty-eight (48) business hours. 2.1.2.7 The test results must be provided to CITY and the Permittee by the testing facility. 2.1.2.8 Drivers must show a valid California driver license at the time and place of testing. 2.1.3 Submission of evidence of insurance, in full force and effect, in such form as required by CITY, issued by a solvent and responsible company licensed to do business in the State of California, insuring the applicant against loss by reason of injury or damage that may result to persons, including Taxicab passengers, or property, from the negligent operation or maintenance of such Taxicab. 2.1.3.1 Applicant shall provide a Certificate of Insurance and Insurance Policy Binder showing that the applicant is insured for a minimum combined single limit of one million dollars ($1,000,000) for the injury or death of one or more persons in the same accident, and one hundred thousand dollars ($100,000) for injury or destruction of property with an insurer with a minimum AM Best Rating of A-7. Each insurance policy required by these Regulations shall waive all rights of subrogation against the CITY including elected and appointed officials, officers, directors, employees, agents and volunteers. No self-insured retention shall be allowed. 2.1.3.2 Deductibles shall not exceed ten thousand dollars ($10,000) per occurrence. In addition, the applicant shall direct the insurance company to provide CITY copies of Endorsements to the insurance policy 1) naming the CITY including elected and appointed officials, officers, directors, employees, agents and volunteers, as additional insureds; and 2) indicating that coverage shall not be reduced, terminated or cancelled without thirty (30) days prior written notice to CITY; and 3) the CITY special endorsement must be completed and duly 315 Page 6 of 31 executed by the agent or broker of record and submitted along with the proof of insurance. 2.1.3.3 At least one (1) business day prior to the expiration of the current policies, a Permittee shall submit insurance binders evidencing insurance coverage for the policy period subsequent to the expiration of the current policies. Lapses or interruptions of insurance coverage shall cause an immediate suspension of the Company Permit, pending revocation, and an immediate revocation of all Taxicab Permits issued to the Permittee. Reinstatement of a Company Permit may require payment of applicable fees and/or fines. Furthermore, if reinstated, any Taxicab(s) a Permittee desires to be placed back into service will require the issuance of a new Taxicab Permit with applicable fees paid. 2.1.4 Submission of Department of Motor Vehicles (DMV) Pull Notice Program Requester Code Number issued to applicant, as defined in Vehicle Code § 1808.1 and continuous enrollment in the Pull Notice program. All affiliated Taxicab Drivers must be enrolled within seven (7) calendar days from inception of the program or date of affiliation. Permittees are required to notify CITY upon receipt of a DMV Pull Notice for any affiliated Driver that indicates an action that would no longer qualify the Driver for a Driver Permit. Permittee shall require the Driver to immediately cease operation and surrender their Driver Permit to Permittee. Permittee shall return the Driver Permit to CITY within forty- eight (48) business hours of DMV Pull Notice receipt. DMV Pull Notice records shall be made available to CITY within forty-eight (48) business hours of request. 2.1.5 Submission of proof of current California Department of Motor Vehicles registration for each Taxicab listed in the Company Permit application. All Taxicabs listed in the Company Permit application shall be registered pursuant to Section 5.2. 2.1.6 Every owner, partner, or principal officer of applicant has submitted to Live Scan fingerprinting at an approved California Department of Justice finger printing agency to initiate a Department of Justice (DOJ) background check (first time applicants only unless otherwise required) and has enrolled in the DOJ subsequent arrest notification program. 2.1.7 Every owner, partner, or principal officer of applicant has successfully cleared all background checks. 316 Page 7 of 31 2.1.8 At the time the Company Permit application is submitted, the applicant shall provide to CITY a list of CITY permitted Drivers authorized to operate the Taxicabs. 2.1.9 Payment of all applicable fees. 2.1.10 Company shall have a principal place of business from which it conducts its activities as a Taxicab company and related activities. Multiple locations for other activities such as storage, maintenance/repair, etc., are allowed. 2.1.11 CITY may require additional verification for compliance with the requirements defined herein. 2.1.12 CITY Company Permit number must be conspicuously posted in all company advertisement and media, as required by California Government Code § 53075.9. Posting must be worded as “City of Huntington Beach Company Permit #XXX”. Additionally, advertisements must use the CITY permitted Company name. 2.2. Company Permit Denial. A Company Permit shall be denied if any of the following apply to an applicant Company or to any owner, partner, or principal officer of an applicant Company: 2.2.1 Is less than 18 years of age. 2.2.2 Falsifies material information on the application for Company Permit. 2.2.3 Is a registered sex offender pursuant to California Penal Code § 290. 2.2.4 Is on formal probation or parole for any offense outlined in Sections 2.2.5., 2.2.6., or 2.2.7. 2.2.5 Is convicted (or pleads guilty or nolo contendere) in any state for any of the following: murder; robbery; pandering; pimping; crimes related to the sale or transportation of controlled substances, including marijuana; crimes involving the use of a weapon; or any other offense involving moral turpitude, or any crime that is substantially related to the qualifications, functions or responsibilities of a Permittee. 2.2.6 Is convicted (or pleads guilty or nolo contendere) in any state for a felony other than those listed in Section 2.2.5., within eight (8) years of the application. 2.2.7 Has any conviction within five (5) years of application (or plea of guilty or nolo contendere) in any state or has any final administrative determination of a violation of any statute, ordinance, or regulation 317 Page 8 of 31 reasonably and rationally pertaining to the same or similar business operation which would have resulted in suspension or revocation of the Company Permit under these Regulations. 2.2.8 Operation of its business without the insurance required in Section 2.1.3. 2.2.9 Failing to fully satisfy any court judgment entered against the Company arising from liability for operating Taxicabs, including, but not limited to, judgments related to collisions or operating without the requisite insurance, within ten (10) years from the date that the judgment was originally entered pursuant to California Code of Civil Procedure § 683.020 and § 683.030 or, if the judgment has been renewed, within ten (10) years from the date that the application for renewal of judgment is filed pursuant to California Code of Civil Procedure § 683.120. 2.2.10 For good cause, subject to appeal pursuant to Section 8. Good cause is defined to include, but is not limited to, arrests, charges, offenses, or convictions related to the responsibilities and functions of a Taxicab company not specifically outlined in this section, that would be prudent to consider in order to protect the public. 2.3. Company Affiliated Drivers. At the time the Company Permit application is submitted, the applicant shall provide to CITY a list of CITY permitted Drivers authorized to operate the Taxicabs. A Permittee may add Drivers to its list of Drivers authorized to operate the Taxicabs identified in the Company Permit, provided that the Driver to be added has been issued a Driver Permit by CITY which states the Driver is affiliated with the Permittee. 2.4. Company Permit Issuance. Upon applicant’s satisfaction of the conditions listed in Company Permit Requirements, applicant shall be issued a CITY Company Permit within five (5) business days. 2.5. Term of Company Permit. The Company Permit is valid for two (2) years unless extended, suspended, or revoked. 2.6. Company Permit Renewal. No less than sixty (60) days prior to the expiration of the Company Permit, the Permittee shall submit an application for renewal of its Company Permit in order to allow sufficient time to review the application for renewal. Failure to submit an application for renewal of the Company Permit at least sixty (60) days prior to the current expiration could result in a lapse in the Company Permit and suspension or revocation of Taxicab Permits. A lapse in the Company Permit may require a Company to submit an application and fees for a new Company Permit, and fees for Taxicab Permit(s). 318 Page 9 of 31 2.7. Company Permit Suspension/Revocation. A Company Permit may be suspended or revoked by CITY for any of the following reasons: 2.7.1 Providing late, false, or inaccurate information in the Company Permit application. 2.7.2 Allowing operation of a Taxicab by a driver not possessing a valid CITY Driver Permit when stating that the driver is affiliated with the Permittee. 2.7.3 Failure to comply with the CITY Regulations. 2.7.4 Operation of any Taxicab at a rate higher than the authorized fare or an agency program as described in Section 2.10. 2.7.5 Failure to cooperate with an Agency’s law enforcement officers, code enforcement officers, CITY staff, and/or California Highway Patrol. 2.7.6 Operating its business in violation of the insurance requirements in Section 2.1.3. 2.7.7 Failure to comply with the drug and alcohol policy and program required in Section 2.1.2. 2.7.8 Failing to fully satisfy any court judgment entered against the Company arising from liability for operating Taxicabs, including, but not limited to, judgments related to collisions or operating without the requisite insurance, within ten (10) years from the date that the judgment was originally entered pursuant to California Code of Civil Procedure § 683.020 and § 683.030 or, if the judgment has been renewed, within ten (10) years from the date that the application for renewal of judgment is filed pursuant to California Code of Civil Procedure § 683.120. 2.7.9 Circumstances providing grounds for denial of a Company Permit as outlined in the CITY Regulations. 2.7.10 Violating Government Code § 53075.9 pertaining to advertising. 2.7.11 For good cause, subject to appeal pursuant to Section 8. Good cause is defined to include, but is not limited to arrests, charges, offenses, and or convictions related to the responsibilities and functions of a Taxicab company not specifically outlined in this Section, that would be prudent to consider in order to protect the public. 2.8 Company Permit Penalties/Suspensions. In lieu of revocation, CITY may impose a penalty in the form of a fine, a period of suspension, or both a fine and period of suspension. The CITY Administrative Action and Fines are 319 Page 10 of 31 outlined in Municipal Code 5.48.140 2.9 Right to Appeal. A Company Permit applicant or Permittee may appeal a Company Permit denial, revocation, suspension, or fine as provided for in Section 8. 2.10 Agency or Other Transportation Agreements. 2.10.1 A CITY Permittee may participate in agency or other transportation programs within the jurisdiction of CITY under the following conditions: 2.10.1.1 Transportation program requirements do not conflict with CITY Regulations. Agency or other providers may require standards and guidelines that are greater than general CITY requirements. The agency or provider is responsible for managing and monitoring its program-specific requirements. 2.10.1.2 Permittee is in good standing with CITY, maintains all required CITY permits, and continues to comply with all CITY requirements. 2.10.1.3 Taxicab Driver must continue to display CITY Driver Permit regardless of any other agency or program identification that may be required by the sponsoring agency. 2.10.1.4 Permittee may establish a specialized fare structure for agency or program trips through its agreement with the agency. 2.10.1.5 For on-demand (flagged) trips, the metering device must be operated any time the Driver is carrying a customer on behalf of Permittee, regardless of an agreement pursuant to Section 6.4. 3. DRIVER PERMITS A Driver must be affiliated with a CITY permitted Company and possess a valid CITY Driver Permit in order to operate a Taxicab. 3.1. Driver Permit Requirements A Driver Permit may be obtained from CITY, provided the applicant has submitted all of the following: 3.1.1 Complete Driver Permit application, signed by a representative of the Permittee to which the driver intends to be affiliated. 3.1.2 Valid California driver license (Class C). 320 Page 11 of 31 3.1.3 California Department of Motor Vehicles K4 driver record report or other similar DMV-issued driver record report that is acceptable to CITY and is issued within thirty (30) days of submission of a complete application package. 3.1.4 A negative drug and alcohol screening test administered by Permittee’s program administrator within the previous thirty (30) days in compliance with California Government Code § 53075.5(b)(3). 3.1.5 Proof of enrollment in Permittees current and active random drug and alcohol program. 3.1.6 Department of Justice (DOJ) Live Scan fingerprint background check submission and Subsequent Notification Program (SAP) enrollment submitted at an approved California Department of Justice finger printing agency. 3.1.7 Acceptable CDL and DOJ background checks. 3.1.8 Payment of all applicable fees. 3.2 Driver Permit Issuance. A Driver Permit shall be issued within five (5) business days after satisfaction of requirements in Section 3.1. 3.3 Term of Driver Permit. A Driver Permit is valid for two (2) years unless extended, suspended, revoked, otherwise terminated, or when issued based on a temporary or interim California driver license. 3.4 Renewal of Driver Permit. Up to sixty (60) working days prior to the expiration of the Driver Permit, the Driver may reapply for a Driver Permit pursuant to Section 3 in order to allow time to review the application for renewal. The renewal of a Driver Permit shall be granted within five (5) business days of satisfaction of all requirements for renewal. If a Driver Permit expires before approval of renewal, the Driver will not be allowed to operate a Taxicab until the renewal Driver Permit is approved, issued, and in the Driver’s possession. Drivers who do not apply to renew prior to the expiration of their permit will be charged late fees in accordance with the CITY fee structure. 3.5 Driver Permit Limitation. A CITY Driver Permit is only valid for the Driver to operate a Taxicab for the Permittee indicated on the Driver Permit. A Driver may not operate a Taxicab for another Company unless the Driver completes a transfer application pursuant to Section 3.7. Reproduction of a Driver Permit is strictly prohibited for any reason with the exception of Company management copying the 321 Page 12 of 31 permit for recordkeeping purposes. 3.6 Replacement Driver Permit. A replacement for a lost or damaged Driver Permit, a subsequent Driver Permit previously issued based on a temporary or interim California driver license, or a permit that is reinstated following suspension or vacation hold* may be obtained from CITY upon payment of all applicable fees. A Driver shall not operate a Taxicab until a replacement permit is obtained and in possession of the Driver pursuant to this Section. A replacement Driver Permit shall expire on the same date as the original Driver Permit and shall not exceed the Driver’s annual permit period. * A driver may place their permit on vacation hold for up to 90 days by surrendering the permit to CITY and providing the anticipated return date. Drivers whose permits are not reinstated within 90 days must submit to a new DOJ background check and a return to work drug and alcohol screen before their permit may be reinstated. 3.7 Driver Permit Transfer to Another Company. A Driver may request a transfer of his/her Driver Permit to another Permittee provided the Driver has submitted the following to CITY: 3.7.1 A Driver Permit application signed by an authorized representative of the prospective Permittee. 3.7.2 The Driver Permit transfer fee. 3.7.3 Valid California driver license (Class C). 3.7.4 CITY Driver Permit to be transferred. 3.7.5 Verification of enrollment transfer in Permittee’s current and active random drug and alcohol program. 3.7.6 Driver shall not operate a Taxicab until the transfer permit is obtained and in possession of the Driver pursuant to this Section. 3.7.7 A transferred Driver Permit shall expire on the same date as the original Driver Permit and shall not exceed the Driver’s permit period. 3.8 Driver Permit Denial. A Driver Permit shall be denied if applicant: 3.8.1 Is less than 18 years of age. 3.8.2 Does not possess a valid California driver license (Class C). 3.8.3 Fails to enroll in the required random drug and alcohol program. 322 Page 13 of 31 3.8.4 Fails the required drug and/or alcohol test. Upon testing positive for drugs and/or alcohol, the applicant shall not be eligible to reapply for a Driver Permit for a period of one (1) year from the test date. 3.8.5 Falsifies, or fails to disclose, material information on the application for a Driver Permit. 3.8.6 Is required to register as a sex offender pursuant to California Penal Code § 290. 3.8.7 Is on formal probation or parole for any offense outlined herein. 3.8.8 Is convicted (or pleads guilty or nolo contendere), regardless of the time elapsed, in any state, of any of the following or their equivalent: murder; a violation of California Vehicle Code § 2800.2 (pertaining to disregard for safety of persons or property), § 2800.3 (pertaining to flight from peace officer causing death or bodily injury), or § 20001 (pertaining to duty to stop at scene of accident); robbery; pandering; pimping; crimes related to the manufacture, use, sale, possession, or transportation of controlled substances; sale or transportation of marijuana; crimes involving weapons; any crime for which registration would be required under California Penal Code § 290; crimes involving credit card fraud or use of another person’s identifying information without authorization (California Penal Code § 530 or equivalent or substitute sections); or any other offense involving moral turpitude or any crime that is substantially related to the qualifications, functions or responsibilities of a Taxicab driver. 3.8.9 Is convicted of any felony in any state (or pleads guilty or nolo contendere), other than those felonies listed in Section 3.8.8, within eight (8) years of application. 3.8.10 Is convicted (or pleads guilty or nolo contendere) of any of the following within years (10) years of application: reckless driving; driving under the influence of intoxicating liquors or drugs (DUI); use or possession of marijuana; a violation of California Vehicle Code §2800.1 (pertaining to flight from peace officer); § 20002 (pertaining to duty where property is damaged), § 20003 (pertaining to duty upon injury or death) or any corresponding substitute sections; vehicular manslaughter; and Penal Code §§ 240, 241, 242, and 243 or any corresponding substitute sections pertaining to assault and battery. 3.8.11 For good cause, subject to appeal pursuant to Section 8 below. Good cause is defined to include, but is not limited to, arrests, charges, offenses, and/or convictions related to the responsibilities and functions of a Taxicab driver, not specifically outlined in this Section, that would preclude an applicant from possessing an CITY Driver Permit. 323 Page 14 of 31 3.8.12 Fails to execute a lease, sublease, or owner-operator agreement with Permittee. 3.9 Driver Permit Suspension/Revocation. A Driver Permit may be suspended or revoked by CITY for any of the following reasons: 3.9.1 Failure to comply with the applicable provisions (including timeliness of submissions) of the CITY Regulations. 3.9.2 Circumstances providing grounds for denial of a Driver Permit as outlined in the CITY Regulations. 3.9.3 Revocation or suspension of driver’s California driver license. 3.9.4 Driver’s failure to cooperate with an Agency’s law enforcement officers, code enforcement officers, CITY staff, and/or California Highway Patrol officers. 3.9.5 Notification to CITY by the Permittee that the Driver is no longer an authorized driver for the Permittee. 3.9.6 Testing positive on a drug and alcohol screening, or failure to submit to Permittees random drug and alcohol testing program. 3.9.7 Not enrolled and active in the required random drug and alcohol program. 3.9.8 For good cause pursuant to Section 8, subject to appeal. Good cause is defined to include, but is not limited to, arrests, charges, offenses, and or convictions related to the responsibilities and functions of a Taxicab driver, not specifically outlined in this Section, that would preclude a driver from possessing an CITY Driver Permit. 3.9.9 A Driver whose permit is revoked shall be prohibited from applying for a new Driver Permit for one (1) year from the date of revocation. 3.9.10 DOJ Custodian of Record (Orange County Sheriff) notification of a disqualifying condition or other circumstances providing grounds for denial of a Driver Permit as outlined in the CITY Regulations. 3.10 Driver Permit Penalty/Suspension. In lieu of revocation, CITY may impose a penalty in the form of a fine, a period of suspension, or both a fine and a period of suspension as specified in the CITY Regulations. The CITY Administrative Action and Fines are outlined in Municipal Code 5.48.140. 324 Page 15 of 31 3.11 Driver Permit Appeal. The denial, suspension, or revocation of a Driver Permit may be appealed as provided in Section 8. 3.12 Driver Permit Surrender. Upon expiration, suspension, or revocation of a Driver Permit, or upon termination of employment or affiliation with a Permittee, a Driver shall cease work immediately and surrender the Driver Permit to CITY within forty-eight (48) business hours. 4. TAXICAB PERMITS 4.1 Taxicab Permit Required. No person shall operate a Taxicab, or advertise a Taxicab business, on behalf of a Permittee within the Area of Jurisdiction of an Agency without a Taxicab Permit from CITY, unless otherwise authorized by Government Code § 53075.5. At all times while providing taxi service, the Taxicab Vehicle Permit must be displayed in the passenger-side corner of the rear window of the Taxicab for which the Taxicab Permit is issued. A Taxicab Permit is nontransferable and is valid for two (2) years unless extended, suspended or revoked. 4.2 Inspections. Prior to issuance or renewal of a Taxicab Permit, Company must complete a vehicle inspection at an ASE-certified or BAR-registered facility. Specific inspection requirements are outlined on the CITY Vehicle Inspection form. Company must submit proof to CITY, signed by the inspecting facility, that the Taxicab has met all inspection standards. 4.3 Vehicle Replacement. CITY shall issue a Taxicab Permit for a replacement Taxicab, valid for the time remaining under the Taxicab Permit of the replaced Taxicab, upon satisfaction of the following conditions: 4.3.1 Permittee submits the new Taxicab within two weeks of the time that the original permit is surrendered. 4.3.2 Surrender of the existing Taxicab Permit to CITY. 4.3.3 Payment of Vehicle Permit replacement fee. 4.3.4 Company provides proof satisfactory to CITY that the replacement Taxicab passes a Taxicab inspection by an ASE-certified or BAR- registered facility. 4.4 Taxicab Permit Renewal. A Taxicab Permit shall be renewed annually upon payment of applicable fees and submission of proof satisfactory to CITY that the Taxicab passes an inspection by a facility certified by an ASE-certified or BAR-registered facility. 325 Page 16 of 31 4.4.1 Upon the successful completion of the above requirements, CITY shall provide a new expiration year for the Taxicab Permit. 4.4.2. A Taxicab presented for renewal after the permit expiration date will be charged late fees, up to and including the date the Taxicab permit is renewed (in accordance with the current CITY Fee Structure) and subjects the Permittee to other administrative actions and fines. 4.5 Taxicab Permit Surrender. A Permittee, when selling or removing a Taxicab from the fleet, must assure that the CITY Taxicab Permit, welcome decals, and other CITY Taxicab markings are removed and that the vehicle cannot be mistaken by the public as an authorized Taxicab. CITY Permits and welcome decals must be surrendered to CITY within forty-eight (48) business hours. 4.5.1 A Permittee must surrender the Taxicab Permit to CITY if a Taxicab has been removed from the CITY-approved insurance policy, if the Taxicab Permit is revoked, or upon its expiration (if the Taxicab Permit will not be renewed). 4.5.2 A Taxicab permit which is voluntarily surrendered by a Permittee can be replaced upon completion of an annual Taxicab inspection and payment of the required fees, or as provided in Section 4.6. 4.6. Replacement Taxicab Permit. If a Taxicab Permit has been damaged or is missing due to theft or destruction, a replacement permit will be issued to the same Taxicab and Permittee, upon payment of the required replacement fee. The replacement Taxicab Permit shall be valid for the remaining term of the Taxicab Permit that was replaced. 5. TAXICAB REQUIREMENTS All Taxicabs shall meet the requirements of the California Vehicle Code, including, but not limited to, California Vehicle Code § 24000, et seq. The California Vehicle Code shall take precedence over any CITY Taxicab requirement. Taxicabs must be maintained to these standards at all times. 5.1 Proof of Insurance. Taxicab Drivers shall at all times carry in the vehicle evidence of the form of financial responsibility in effect for the vehicle, pursuant to California Vehicle Code §§ 16020 through 16028. 326 Page 17 of 31 5.2 California Vehicle Registration. Evidence of valid and current vehicle registration must be maintained in each Taxicab, pursuant to California Vehicle Code § 4462. 5.2.1 Registered as a commercial vehicle, pursuant to California Vehicle Code § 260. However, CITY may issue a permit to a vehicle with temporary registration provided that all other DMV and CITY Regulation requirements are met, and proof of permanent commercial registration is provided to CITY within 90 days. 5.2.2 Registered to the Permittee showing the same Permittee name and address or registered to the CITY permitted Driver showing the same permitted Driver name and address. 5.3 Taxi Company Designation. Permittee’s Company name and/or logo shall be placed in an area visible from the interior and exterior of the vehicle at all times while in service and when soliciting passengers on behalf of Permittee. 5.4 Vehicle Maintenance and Records. All Taxicabs shall be maintained in accordance with the service standards recommended by the vehicle manufacturer. Service records and repair or maintenance receipts shall be kept and made available to CITY Staff upon request. 5.5 Seating. All Taxicabs shall be equipped to seat no more than eight (8) passengers, excluding the driver. 6. TAXICAB OPERATION A Driver must possess and display a valid Driver Permit at all times while providing Taxicab service. Driver shall ensure that the Taxicab meets all requirements of the CITY Regulations prior to placing the Taxicab in service. Any driver in possession of an altered, copied, or defaced permit will not be considered in possession of a valid Driver’s Permit. 6.1 Reserved. 6.2 Fares Charged. For pre-arranged trips, a Driver shall not charge fares higher than those disclosed to the customer in accordance with Section 1.1.11. For on-demand (flagged) trips, the Taxicab must possess a fully operational taximeter with current and intact seals, or any type of device or technology approved by the Division of Measurement Standards to calculate fares, including the use of Global Positioning System metering, provided that the device or technology complies with Section 12500.5 of the Business and Professions Code and with all regulations established 327 Page 18 of 31 pursuant to Section 12107 of the Business and Professions Code. The customer shall not be charged a fare that exceeds the authorized fare. 6.3 Receipt. Driver shall provide a receipt for the amount charged upon request of the person paying the fare, which contains the Driver’s name and permit number, telephone number, Permittee name, charge amount, date, and time of transaction. 6.4 Accidents. In the case of an automobile accident, unless rendered incapable, the Driver shall comply with the minimum requirements for the mandatory exchange of information established in California Vehicle Code § 16025. 6.5 Agency or other Transportation Agreements. Permitted CITY Drivers may participate in agency or other transportation programs within the jurisdiction of CITY under the following conditions: 6.5.1 The Driver must continue to follow all CITY Regulations. 6.5.2 The Driver must continue to display the CITY Driver Permit regardless of any other identification that may be required by the program or agency. 6.5.3 Taximeter must continue to be operated at any time that the Driver is carrying a customer, regardless of any other fare agreement. 6.6 Advertising. Every permitted Driver shall comply with Government Code § 53075.9 and include, in every written or oral advertisement of the Driver’s Taxicab services, the name of the Permittee, the Permittee’s CITY Permit number, and the Driver’s CITY Permit number. An advertisement includes, but is not limited to, the issuance of any card, sign, or device to any person; the causing or allowing the placement of any sign or marking on or in any building or structure; or an advertisement in any media form, including newspaper, magazine, radio wave, satellite signal, or any electronic transmission, or in any directory soliciting Taxicab transportation services. 7. REPORTING VIOLATIONS OF CITY REGULATIONS CITY may investigate for violations of CITY Regulations and issue any appropriate administrative actions, including fines. CITY will not investigate any reports of alleged illegal Taxicab operation, such as bandit Taxicab activity, but may refer such reports to the local code or law enforcement agency. A person reporting a violation must provide CITY with their name and contact information. 328 Page 19 of 31 Reports alleging illegal Taxicab operation or violation of the CITY Regulations shall require all of the following information be provided: • Date, time and location; • Description of activity; • Vehicle’s license plate number, color, make and model, and any distinctive characteristics. Reports alleging a violation of Government Code § 53075.9 pertaining to advertising must provide a copy or sample of the advertising information (such as the sign, business card, advertising display, webpage, electronic recording or phone directory) evidencing non- compliance with the statute. 8. APPEALS AND ADMINISTRATIVE HEARINGS In the event a permit is denied, suspended, revoked, or a penalty is imposed, the applicant, Permittee, or Driver shall be notified in writing of the adverse action and the reason(s) supporting it. 8.1 Notice of Appeal. No later than ten (10) calendar days following the date on the notice of adverse action, the applicant, Permittee, or Driver may submit a written appeal on a form provided by CITY. The applicant, Permittee, or Driver shall set forth in the appeal the reason(s) why such action is not proper. Failure to file a timely appeal shall constitute a waiver of the right to an appeal. 8.2 Stay. Except as provided in Section 8.3., if an appeal is properly filed the adverse action shall be stayed pending the final determination on appeal. 8.3 Stay, Exception. If CITY determines that the continued operation of a Taxicab, possession of a Company Permit, or possession of a Driver Permit represents a health or safety hazard for the public, the adverse action shall not be stayed pending the final determination on appeal. 8.4 Initial Review of Appeal. If an appeal is timely filed, CITY shall either make the final decision regarding the appeal or shall assign a hearing officer to make the final decision regarding the appeal. CITY may review the appeal and any additional information provided therein and shall have the discretion to determine the appropriate action in response to the appeal. 8.5 Hearing Officer. In the event CITY elects to assign a hearing officer to decide the appeal then the following shall apply: 329 Page 20 of 31 8.5.1 The hearing officer shall not have participated in the decision which is the subject of the appeal. 8.5.2 The hearing officer shall expeditiously schedule the appeal hearing. 8.5.3 The appellant and CITY shall each have the right to appear in person and be represented by legal counsel or other representative, to present evidence, to call and cross-examine witnesses under oath, and to present argument. 8.5.4 The formal rules of evidence shall not apply, and any relevant evidence that is the sort of evidence upon which responsible persons are accustomed to relying in the conduct of serious affairs shall be admissible. 8.5.5 Hearsay evidence may be considered by the hearing officer, but no findings may be based solely on hearsay evidence unless supported or corroborated by other relevant and competent evidence. 8.5.6 CITY may promulgate supplementary rules and procedures for the conduct of the hearing, the forms of notice and proceedings, and the preparation and submission of the record. 8.5.7 The hearing officer shall have the discretion to determine the appropriate action in response to the appeal. 8.5.8 The decision of the hearing officer shall be the final administrative remedy and shall be binding upon the parties to the appeal. 8.5.9 If the hearing officer decides to suspend or revoke a permit, the appellant shall immediately surrender the permit to CITY. 8.6 Administrative Hearings. Administrative hearings may be held at the discretion of CITY when the denial, suspension, or revocation of a Company Permit or Driver Permit, or other administrative actions, are initiated for good cause and in the interest of the health, welfare, and safety of the public. 9. PERMIT FEES AND TAXICAB FARES 9.1 CITY Permit Fees. A schedule for Permit fees is approved by City Council in the amount necessary to recover all costs incurred by the CITY to administer the Taxicab Program. The fee schedule adopted by the City Council is attached hereto as “Attachment 1.” 9.2 Metered Rates. Taxicab metered rates are established by CITY for on-demand (flagged) trips. 330 Page 21 of 31 9.2.1 The CITY adopts the metered rates which is attached hereto as “Attachment 2.” 9.2.2 The CITY may revise the Metered Rates as needed. 9.3 Refund Policy. There shall be no refund of any portion of the fees described in the CITY Regulations. 10. AMENDMENTS TO REGULATIONS 10.1 Administrative Amendments. The City Manager or designee may adopt administrative amendment(s) to the CITY Regulations. 10.2 CITY Permit Fees and Taxicab Metered Rates. 10.2.1. Sections 10.1 above shall not apply to an amendment to the CITY fee schedule, attached hereto as Attachment “1,” which is adopted by the City Council. 10.2.2. An amendment of the Taxicab Metered Rates for On-Demand (Flagged) Trips attached hereto as “Attachment 2” and adopted pursuant to Section 9.2 of these Regulations shall be considered an administrative amendment pursuant to Section 10.1 in order to ensure uniformity of fares within Orange County. --End of Regulations-- 331 Page 29 of 31 ADMINISTRATIVE REGULATION 315 – Attachment 1 CITY OF HUNTINGTON BEACH TAXICAB PROGRAM FEE STRUCTURE Company Permit Two-Year Permit $3,086 Vehicle Permits (per vehicle) Two-Year Permit $256 Driver Permits Two-Year Permit $416 Replacement Permits Expires same day as original permit $66 Fees shown are paid to the City of Huntington Beach. Additional fees are paid by Permittee for drug testing, fingerprinting, background check, and vehicle inspections. City Technology Fee also applies. Technology Fee is in addition to the base permit fee. 332 Page 31 of 31 ADMINISTRATIVE REGULATION 315 – Attachment 2 CITY OF HUNTINGTON BEACH APPROVED TAXICAB METERED RATES FOR ON- DEMAND (FLAGGED) TRIPS $3.50 for the flag drop and first 1/5 mile $0.55 for each 1/5 mile, after the first 1/5 mile ($2.75 per mile) $32.00 per hour wait time (Approximately $0.53 per minute) No Extra Charge for Additional Passengers. 333 City of Huntington BeachUser and Regulatory Fee StudyCost of Service Calculation ‐ Taxicab PermittingService Time EstimateFee DescriptionFinance / Licensing  Risk Mgmt.  Fleet Code Enf. / PD Non‐Sworn PoliceSworn  Total 1 Company Permit4.01.00.013.04.522.52 Vehicle Permit (per vehicle)1.00.01.00.00.02.03 Driver Permit1.50.00.01.00.53.04 Replacement Permit0.50.00.00.00.00.5Cost of Service = (Hourly Billing Rate * Service Time)$131 $131 $125 $115 $208TotalFee DescriptionFinance / Licensing  Risk Mgmt.  Fleet Code Enf. / PD Non‐Sworn PoliceSworn  Total 1 Company Permit$524 $131$0$1,495 $936 $3,0862 Vehicle Permit (per vehicle)$131$0$125$0$0$2563 Driver Permit$197$0$0$115 $104 $4164 Replacement Permit$66$0$0$0$0$66Note:* Hourly billing rates as identified in current master fee schedule.  Hourly rates for Risk Mgmt. set to match Finance/Licensing due to similar administrative review functions for permitting.    Code Enforcement / PD Non‐Sworn hourly rate based on Code Enforcement Officer I position.** In addition to the permit amounts shown above, the City's Technology Fee also applies.  The Technology Fee is already adopted and incorporated in the City's Master Fee Schedule.  No changes are proposed to the Technology Fee334 335 336 337 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-014 MEETING DATE:1/18/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Sean Joyce, Interim City Manager PREPARED BY:Brittany Mello, Administrative Services Director Subject: Adopt Resolution No. 2022-02 approving and implementing the Memorandum of Understanding (MOU) between the Huntington Beach Municipal Teamsters (HBMT) and the City of Huntington Beach for January 1, 2022, through December 31, 2024 Statement of Issue: The Memorandum of Understanding (MOU) between the City of Huntington Beach and the Huntington Beach Municipal Teamsters (HBMT) expired on December 31, 2021. The City and HBMT have engaged in good-faith discussions, reaching tentative agreement in December 2021 on new MOU terms for a 3-year contract covering the period of January 1, 2022, through December 31, 2024. The MOU was approved for introduction at the December 21, 2021, meeting, and pursuant to the City’s municipal code, is being brought back for formal consideration by the City Council. Financial Impact: Pursuant to the terms agreed upon with HBMT, the Finance Department estimates the total projected average annual cost increase of the MOU to be $1,153,182 per year during the life of the agreement. Recommended Action: A) Adopt Resolution No. 2022-02, “A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Municipal Teamsters (HBMT) and the City for January 1, 2022, Through December 31, 2024;” and, B) Authorize appropriations for all costs related to implementation of Resolution No. 2022-02 and all labor contracts approved by City Council on December 21, 2021. Alternative Action(s): Do not adopt the Resolution approving the successor MOU for HBMT 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: City of Huntington Beach Printed on 1/14/2022Page 1 of 3 powered by Legistar™338 File #:22-014 MEETING DATE:1/18/2022 The Huntington Beach Municipal Teamsters (HBMT) represents approximately 345 City employees. Representatives for the City and HBMT engaged in active discussions over an extended period, ultimately reaching tentative agreement on contract terms for a 3-year period. Key changes in the proposed MOU include the following: Terms of Agreement January 1, 2022, through December 31, 2024 Salary Range Adjustment ·Effective January 1, 2022, employees will shift to a new, seven-step salary range (A - G). Classifications will be placed on the nearest Step F in the new range without losing any wages. Once on Step F, classifications will be moved to a range two percent (2%) higher. All employees will be placed on the step in the new salary range that is closest to their current base salary step without being less. ·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. Medical Benefits ·Effective January 1, 2022, the City’s maximum monthly contribution to medical plan rates will increase by approximately 5%, up to $831.19 for employee only; $1,424.85 for two-party; and $1,687.35 for family coverage, not to exceed the cost of the premium. ·Beginning January 1, 2023, the City’s maximum monthly contribution will increase by $23.33/month, up to $854.52 for employee only; $1,448.18 for two-party; and $1,710.68 for family coverage, not to exceed the cost of the premium. Leave Benefits ·Add Christmas Eve Day (December 24 each year) and New Year’s Eve Day (December 31 each year) to the list of approved City-paid holidays. 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. Resolution No. 2022-02 4. Memorandum of Understanding - Exhibit “A” City of Huntington Beach Printed on 1/14/2022Page 2 of 3 powered by Legistar™339 File #:22-014 MEETING DATE:1/18/2022 5. PowerPoint Presentation City of Huntington Beach Printed on 1/14/2022Page 3 of 3 powered by Legistar™340 Page 1 of 2 City of Huntington Beach Huntington Beach Municipal Teamsters (HBMT) Summary of MOU Modifications December 15, 2021 Article # Subject Proposal Article I Term of MOU Term January 1, 2022 – December 31, 2024 Article VI Salary Schedule New Salary Range Effective January 1, 2022, shift to a new master salary schedule that includes seven-steps (A – G) with five percent (5%) between each step; and one percent (1%) between each range. Each job classification will be assigned a salary range by: a. Locating the range on the new salary schedule with a Step F that is nearest to the position’s current top step (Step E) without being less; and then, b. Moving two ranges higher, thereby providing a wage increase of not less than two percent (2%) for all employees in the Association. Each employee will be placed on the step (A-F) of their classification’s assigned salary range that is nearest to their base salary step (A-E of the 2019-2020 salary schedule) without being less. Article VII Special Pay Performance Bonus Employees will have the ability to earn up to 3% merit-based bonus after the employee hits top step at their next regularly scheduled performance evaluation date. This bonus will be provided as a lump sum and will not increase the employee’s base salary. Article X Health and Other Insurance Benefits Employer Contribution to Health and Other Insurance Benefits A modification to Article X to increase the monthly maximum employer contribution towards medical benefits, not to exceed the cost of the premium, as follows: Effective the beginning of the pay period that includes January 1, 2022: Single - $831.19 Two party - $1,424.85 Family - $1,687.35 341 Summary of HBMT MOU Modifications – December 15, 2021 Effective the beginning of the pay period that includes January 1, 2023: Single - $854.52 Two party - $1,448.18 Family - $1,710.68 Article XII Leave Benefits City Holidays Add Christmas Eve Day (December 24th each year) and New Year’s Eve Day (December 31st each year) to the list of approved City-paid holidays. MOU language clean up: Modernize MOU language and make other non-substantive language changes. 342 City of Huntington Beach HBMT Proposal Proposed Term: 3 years Year 1 Year 2 Year 3 2022 2023 2024 MOU Item #Union Description Rate / $ Estimated YOY Impact Estimated YOY Impact Estimated YOY Impact Total Cost of Proposal Notes: 1 HBMT Term: 3 years (January 1, 2022 through December 31, 2024) 2a HBMT Salary Adjustment - Move to new range 2% increase, 7 steps, 5% between steps Various 1,755,085 510,159 52,467 2,317,711 2b HBMT Annual Top Step Bonus up to 3%3%- 417,174 64,443 481,617 Assume 2% due to department discretion in bonuses given 3 HBMT Health Insurance 238,650 115,824 41,579 396,053 4 HBMT 2 Additional Paid Holidays 18 hrs 250,836 8,679 4,650 264,165 Total Cost of Proposal 2,244,571 1,051,836 163,139 3,459,546 343 344 Memorandum of Understanding between Huntington Beach Municipal Teamsters and City of Huntington Beach January 1, 2022 – December 31, 2024 345 HUNTINGTON BEACH MUNICIPAL TEAMSTERS MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS HBMT MOU January 1, 2022 through December 31, 2024 ii PREAMBLE .................................................................................................................... 1 ARTICLE I – TERM OF MOU ......................................................................................... 1 ARTICLE II – REPRESENTATIONAL UNIT/CLASS ...................................................... 1 ARTICLE III – MANAGEMENT RIGHTS ........................................................................ 2 ARTICLE IV – EXISTING CONDITIONS ........................................................................ 2 ARTICLE V – SEVERABILITY ....................................................................................... 2 ARTICLE VI – SALARY SCHEDULE ............................................................................. 3 A. CLASSIFICATION AND SALARY RATES ........................................................................ 3 B. PERFORMANCE BONUS ............................................................................................ 3 ARTICLE VII – SPECIAL PAY ....................................................................................... 4 A. EDUCATION ............................................................................................................ 4 1. Tuition Reimbursement ............................................................................................................... 4 B. ASSIGNMENT PAY ................................................................................................... 4 1. Leadworker Differential ................................................................................................................ 4 2. Shift Differential ........................................................................................................................... 4 a. Afternoon Shift ........................................................................................................................ 4 b. Night Shift ............................................................................................................................... 4 c. Shifts Defined ......................................................................................................................... 4 C. SPECIAL CERTIFICATION/SKILL PAY .......................................................................... 5 1. Bilingual Skill ................................................................................................................................ 5 2. Hazardous Materials Duty Assignment Pay ................................................................................ 5 ARTICLE VIII – UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT ......................... 5 A. UNIFORMS AND SAFETY SHOES ................................................................................ 5 1. Safety Shoes – Cost .................................................................................................................... 5 2. Safety Glasses ............................................................................................................................. 6 B. TOOL ALLOWANCE .................................................................................................. 6 C. VEHICLE USE .......................................................................................................... 6 ARTICLE IX – HOURS OF WORK/OVERTIME ............................................................. 6 A. WORK SCHEDULE ................................................................................................... 6 1. Pay Definitions ............................................................................................................................. 6 2. Defined Workweek under Fair Labor Standards Act (FLSA)....................................................... 7 3. Flex Schedule and Alternative Work Schedule - Civic Center Employees ................................. 7 a. 5/40 Work Schedule ............................................................................................................... 7 b. 9/80 Work Schedule ............................................................................................................... 7 c. 4/10 Work Schedule ............................................................................................................... 8 d. Existing Alternative Work Schedules ...................................................................................... 8 B. OVERTIME/COMPENSATORY TIME ............................................................................ 8 1. FLSA Workweek and Employee Pay Period ............................................................................... 8 2. Overtime ...................................................................................................................................... 8 3. Work Shift that Exceeds Thirteen (13) Hours .............................................................................. 8 346 HUNTINGTON BEACH MUNICIPAL TEAMSTERS MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS HBMT MOU January 1, 2022 through December 31, 2024 iii C. EMPLOYEE FATIGUE ................................................................................................ 9 D. CALLBACK .............................................................................................................. 9 E. MANDATORY STANDBY ............................................................................................ 9 F. ACTING ASSIGNMENT .............................................................................................. 9 G COURT STANDBY TIME AND COURT APPEARANCE TIME ........................................... 10 ARTICLE X – HEALTH AND OTHER INSURANCE BENEFITS .................................. 10 A. HEALTH AND OTHER INSURANCE PREMIUMS ........................................................... 10 B. ELIGIBILITY CRITERIA AND COST ............................................................................. 10 1. City and Employee Paid Medical Insurance – Employees and Dependents ............................ 10 2. Maximum Employer Contributions ............................................................................................. 11 3. Part-Time Employee Contributions ........................................................................................... 12 4. Future Premiums and City Contributions .................................................................................. 12 C. COBRA ............................................................................................................... 12 D. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE ............................. 12 E. LONG TERM DISABILITY INSURANCE (LTD) .............................................................. 12 F. MEDICAL CASH-OUT ............................................................................................. 12 G. SECTION 125 PLAN ............................................................................................... 13 H. MISCELLANEOUS ................................................................................................... 13 5. Health Plan Over-Payments ...................................................................................................... 13 I. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY RETIREE MEDICAL SUBSIDY PLAN ............................................................................................... 13 J. POST-65 SUPPLEMENTAL MEDICARE COVERAGE .................................................... 14 ARTICLE XI – RETIREMENT ....................................................................................... 14 A. BENEFITS ............................................................................................................. 14 1. Self-Funded Supplemental Retirement Benefit ......................................................................... 14 2. Deferred Compensation ............................................................................................................ 15 3. Medical Insurance for Retirees .................................................................................................. 15 B. CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CAL PERS)....................... 15 1. Classic Members Miscellaneous Unit Members ........................................................................ 15 2. New Member Miscellaneous Unit Members .............................................................................. 16 C. PRE-RETIREMENT OPTIONAL SETTLEMENT 2 DEATH BENEFIT .................................... 16 D. FOURTH LEVEL OF 1959 SURVIVOR BENEFITS ......................................................... 16 ARTICLE XII – LEAVE BENEFITS ............................................................................... 17 A. LEAVE W ITH PAY .................................................................................................. 17 1. General Leave ........................................................................................................................... 17 a. Accrual .................................................................................................................................. 17 347 HUNTINGTON BEACH MUNICIPAL TEAMSTERS MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS HBMT MOU January 1, 2022 through December 31, 2024 iv b. Eligibility and Approval .......................................................................................................... 17 c. Conversion to Cash .............................................................................................................. 17 d. One (1) Week Minimum Vacation Requirement ................................................................... 17 2. City Paid Holidays ...................................................................................................................... 18 b. City Observed Holiday .......................................................................................................... 18 c. Holiday Paid Time Off for Part-Time Employees .................................................................. 18 d. Holiday Pay for Work on a City Observed Holiday ............................................................... 18 e. Holiday Pay for Work on an Actual Holiday (Not the City Observed Date) .......................... 19 g. Alternative Work Schedules ................................................................................................. 19 h. CalPERS Reporting of Holiday Pay....................................................................................... 19 4. Sick Leave. ................................................................................................................................. 19 a. Accrual .................................................................................................................................. 19 b. Credit .................................................................................................................................... 19 c. Usage.................................................................................................................................... 19 d. Payoff at Separation ............................................................................................................. 19 e. Extended Absences .............................................................................................................. 20 5.Bereavement Leave .................................................................................................................... 20 6.Association Business .................................................................................................................. 20 7Jury Duty ...................................................................................................................................... 20 8.Leave Benefits Entitlement ......................................................................................................... 20 . ARTICLE XIII – CITY RULES ....................................................................................... 20 ARTICLE XIV – MISCELLANEOUS ............................................................................. 20 A. GRIEVANCE ARBITRATION ...................................................................................... 20 B. PROMOTIONAL PROCEDURES ................................................................................. 21 1. Tie Scores .................................................................................................................................. 21 2. Salary Upon Promotion ............................................................................................................. 21 C. LABOR-MANAGEMENT RELATIONS COMMITTEE ........................................................ 21 D. COPIES OF MOU .................................................................................................. 22 E. POSITION CLASSIFICATION ISSUES ......................................................................... 22 1. Class Specifications................................................................................................................... 22 2. Reclassification Impact .............................................................................................................. 22 F. CLASS A AND B DRIVER LICENSE FEES ................................................................... 22 G. DEFERRED COMPENSATION LOAN PROGRAM .......................................................... 22 H. PERFORMANCE EVALUATIONS/W RITTEN REPRIMAND APPEALS ................................. 22 I. HBMT LETTER OF INTRODUCTION .......................................................................... 22 J. DEPARTMENT OF TRANSPORTATION (DOT) RANDOM ALCOHOL AND CONTROLLED SUBSTANCE TESTING ................................................................................................... 22 K. UPDATE EMPLOYEE-EMPLOYER RELATIONS RESOLUTION ........................................ 22 L. REQUIRED FINGERPRINTING OF EMPLOYEES ........................................................... 22 M. BEACH PARKING ................................................................................................... 22 N. REASONABLE SUSPICION ALCOHOL AND CONTROLLED SUBSTANCE TESTING ............. 23 348 HUNTINGTON BEACH MUNICIPAL TEAMSTERS MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS HBMT MOU January 1, 2022 through December 31, 2024 v ARTICLE XV - DURING THE TERM OF THE AGREEMENT ...................................... 23 A. CLASSIFICATION AND COMPENSATION SURVEY ........................................................... 23 B.PERFORMANCE EVALUATIONS ................................................................................... 23 ARTICLE XVI – CITY COUNCIL APPROVAL .............................................................. 24 LIST OF MOU EXHIBITS .............................................................................................. 25 EXHIBIT A – PAY SCHEDULE .................................................................................... 26 EXHIBIT B – UNIFORM POLICY.................................................................................. 32 EXHIBIT C – VEHICLE USE POLICY .......................................................................... 38 EXHIBIT D – PROVISIONS OF THE RETIREE MEDICAL SUBSIDY PLAN ............... 41 EXHIBIT E – 9/80 WORK SCHEDULE ......................................................................... 45 EXHIBIT F – 4/10 WORK SCHEDULE ......................................................................... 47 EXHIBIT G – AGENCY SHOP AGREEMENT .............................................................. 49 EXHIBIT H - CATASTROPHIC LEAVE DONATION PROGRAM.………………………52 EXHIBIT I - HEALTH AND OTHER INSURANCE BENEFITS/TEAMSTERS MISCELLANEOUS SECURITY TRUSTFUND…………………………………………….56 349 HBMT MOU January 1, 2022 through December 31, 2024 1 Memorandum of Understanding between The City of Huntington Beach (hereinafter called City) and The Huntington Beach Municipal Teamsters (hereinafter called Association or HBMT) PREAMBLE WHEREAS, pursuant to California law, the City, acting by and through its designated representatives, duly appointed by the governing body of said City, and the representatives of the Association, a duly recognized employee Association, have met and conferred in good faith and have fully communicated and exchanged information concerning wages, hours and other terms and conditions of employment for the period January 1, 2022 through December 31, 2024; and WHEREAS, the representatives of the City and the Association desire to reduce their agreements to writing, NOW THEREFORE, this Memorandum of Understanding (MOU) is made to become effective January 1, 2022 and it is agreed as follows: ARTICLE I – TERM OF MOU A. This Memorandum of Understanding shall be in effect for a term commencing on January 1, 2022 the effective date through December 31, 2024. B. This Agreement constitutes the entire Agreement of the parties with respect to improvements or changes in the salaries and monetary benefits for employees represented by the Association for the duration of this Agreement. ARTICLE II – REPRESENTATIONAL UNIT/CLASS It is recognized that the Association is the employee organization which has the right to meet and confer in good faith with the City on behalf of permanent employees of the City within those class titles set out in Exhibit A attached hereto and incorporated herein. The term "permanent employee” herein shall be referred to as “employee” and is used only to determine entitlement to certain benefits provided by this MOU and is defined as follows; an employee that has completed or is in the process of completing a probationary period in a permanent position in the competitive service in which the employee regularly works twenty (20) hours or more per week. Additionally, the representation unit shall include all non-safety, non-management classifications which are created after execution of this Agreement and are not included in another representation unit or determined in accordance with the Employer-Employee Relations Resolution to be more appropriately designated as Non-Associated (NA) classifications. 350 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT MOU January 1, 2022 through December 31, 2024 2 The City Manager reserves the right to designate up to seven (7) Association employees as confidential on an annual basis, or as needed. The confidential employee designations shall be determined by the City Manager for those employees having access to or preparing confidential materials and/or information and/or recommendations on behalf of the City in its dealings with employee associations. The City shall provide the Association with the names of the employees who are designated as confidential. ARTICLE III – MANAGEMENT RIGHTS The parties agree the City has the right to make unilateral management decisions that are outside the scope of bargaining, as defined by state and federal law and Public Employment Relations Board (PERB) decisions. Except as expressly abridged or modified herein, the City retains all rights, powers and authority with respect to the management and direction of the performance of City services and the work forces performing such services, provided that nothing herein shall change the City’s obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or be construed as granting the City the right to make unilateral changes in wages, hours and terms and conditions of employment. Such rights include, but are not limited to, consideration of the merits, necessity, level or organization of City services, including establishing of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, including reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable for the performance of City services. ARTICLE IV – EXISTING CONDITIONS Except as expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing benefits, and terms and conditions of employment which have been established in prior Memoranda of Understanding, and/or provided for in the Personnel Rules of the City of Huntington Beach. ARTICLE V – SEVERABILITY If any Article, Sub-Article, sentence, clause, phrase or portion of this Agreement, or the application thereof to any person, is for any reason held to be invalid or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement or its application to other persons. The City and the Association hereby agree that in the event any state or federal legislative, executive or administrative provision purports to nullify or otherwise adversely affect the wages, hours and other terms and conditions of employment contained in this Agreement or similarly purports to restrict the ability of the parties to negotiate a successor agreement, the City and the Association shall, without prejudice to either party’s judicial remedies, endeavor to agree to alternative contractual provisions which are not adversely affected by said legislative, executive or administrative provision. 351 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT MOU January 1, 2022 through December 31, 2024 3 ARTICLE VI – SALARY SCHEDULE A. Classification and Salary Rates All employees are required to utilize direct deposit of payroll checks. The City shall issue each employee direct deposit advice (payroll receipt) each pay period that details all income, withholdings, and deductions. Effective at the beginning of the pay period including January 1, 2022, the parties agree that the salary schedule in Exhibit A reflects the following modifications from the salary schedule in the 2019-2020 MOU: 1. The salary schedule will include seven (7) steps from A-G; 2. The steps will be five percent (5%) steps; 3. The salary ranges will be one percent (1%) apart; 4. Each job classification will be assigned a salary range by: a. Locating the range on the new salary schedule with a Step F that is nearest to the position’s current top step (Step E) without being less; and then, b. Moving two ranges higher, thereby providing a wage increase of not less than two percent (2%) for all employees in the Association. 5. Each employee will be placed on the step (A-F) of their classification’s assigned salary range that is nearest to their base salary step (A-E of the 2019-2020 salary schedule) without being less. Once placed on the new, seven-step salary schedule, employees will be eligible to move to the next step on their anniversary date (i.e., the date they are due for their next evaluation) upon receipt of a satisfactory evaluation. B. Performance Bonus Effective at the beginning of the pay period including January 1, 2022, employees in the unit who are at Step G on the salary schedule are eligible for an annual performance bonus of up to three percent (3%) of their base pay at the time of their evaluation. The annual performance bonus amount will be determined based upon the evaluation of the employee’s performance. A completed performance evaluation with specific recognition of outstanding performance must be attached to the Personnel Action Form and sent to the Human Resources Division. The evaluation will also identify performance goals and objectives. Employees who disagree with the performance bonus award granted by their supervisor / manager may appeal the decision directly to their Department Head for additional consideration. After review, the Department Head’s final decision regarding the performance bonus award amount shall be final and binding, and shall not be subject to grievance. 352 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT MOU January 1, 2022 through December 31, 2024 4 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. ARTICLE VII – SPECIAL PAY A. Education 1. Tuition Reimbursement Upon approval of the Department Head and the Administrative Services Director, employees may be compensated for courses from accredited vocational and educational institutions. Tuition reimbursement shall be limited to courses related to the employee’s current job or any job family in the City to assist in career advancement, or courses required to meet educational degree objectives. All courses require prior approval by the Department Head and Administrative Services Director. Education costs shall be reimbursed to employees on a first-come, first-served basis for a full refund for tuition, books, parking (if a required fee), and any other required fees upon presentation of receipts. On a first-come, first-served basis, the maximum annual benefit per fiscal year for each employee is $5,250 (five thousand two hundred-fifty dollars), until the maximum allocation for the entire bargaining unit of seventy five thousand dollars ($75,000) in each fiscal year period has been allocated. Reimbursements shall be made when the employee presents proof to the Administrative Services Director that they have successfully completed the course with a grade of “C” or better; or a “Pass” if taken for credit. B. Assignment Pay 1. Leadworker Differential Any employee classified as “Leadworker” shall receive no less than 8% above the highest classification, which is assigned to the Leadworker to lead. 2. Shift Differential a. Afternoon Shift Employees required to work on a regularly assigned shift that occurs between the hours of 4:00 PM and midnight, shall be paid a special pay equal to five percent (5%) of the employee’s base hourly rate of pay (as defined in Article IX) for all work performed during said shift. b. Night Shift Employees required to work on a regularly assigned shift that occurs between midnight and 8:00 AM shall be paid a special pay equal to ten percent (10%) of the employee’s base hourly rate (as defined in Article IX). c. Shifts Defined Employees will be considered as assigned to the afternoon shift (4:00 PM to midnight) or the night shift (midnight to 8:00 AM) when five (5) or more hours of 353 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT MOU January 1, 2022 through December 31, 2024 5 their regularly assigned shift occurs in the afternoon or night shift as defined herein. C. Special Certification/Skill Pay 1. Bilingual Skill Employees who are required by their Department Head to use Spanish, Vietnamese, or American Sign Language skills as part of their job assignment, shall be paid an additional five percent (5%) of their base hourly rate (as defined in Article IX) in addition to their regular bi-weekly pay. The special pay shall be effective the first full pay period following certification as verified to the Department Head in writing by the Administrative Services Director or designee. Employees may accept assignments utilizing bilingual skills in other languages on a short-term assignment with approval by the City Manager. Such employees shall receive the additional five percent (5%) of their base hourly rate of pay (as defined in Article IX) for every bi-weekly pay period that the assignment is in effect. In order to be eligible for said compensation, employee’s language proficiency will be tested and certified by the Administrative Services Director or designee. The parties agree that to the extent permitted by law, Bilingual Skill Pay is special compensation and shall be reported to CalPERS as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium. 2. Hazardous Materials Duty Assignment Pay Employees assigned HazMat Duty by their department head or his or her designee shall receive five percent (5%) of their base salary for the specific hours performing the HazMat Duty assignment. The parties agree that to the extent permitted by law, Hazardous Materials Duty Assignment Pay is special compensation and shall be reported as such to CalPERS pursuant to Title 2 CCR, Section 571(a)(4) Hazard Premium. ARTICLE VIII – UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. Uniforms and Safety Shoes The City's Uniform and Safety Shoe Policy shall be set forth in Exhibit B, a copy of which is attached hereto and incorporated herein by this reference, provided however, that employees represented by HBMT working in the Police Department shall be issued property in accordance with the equipment issue form for the particular position to which they are assigned. 1. Safety Shoes – Cost The City shall furnish safety shoes in accordance with the procedures and guidelines as set forth in Exhibit B, provided however, that the maximum amount to be reimbursed for a pair of safety shoes will not exceed two hundred and twenty-five dollars ($225.00) per pair every six (6) months or sooner, if necessary. 354 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT MOU January 1, 2022 through December 31, 2024 6 2. Safety Glasses Prescription safety glasses shall be provided upon the approval of the Supervisor. The cost of prescription safety glasses shall not exceed two hundred ninety-nine dollars ($299.00) in each two (2) year period, or sooner if medically prescribed. B. Tool Allowance Those employees, who are required to furnish their own personal tools for use on the job, shall be provided with a tool allowance to offset a portion of the cost for said tools that are lost, stolen or broken when in use on the job. Such allowance shall be eight hundred dollars ($800.00) per year, payable in January of each year, separate from payroll checks to those employees on active duty. In the event an employee is hired or separates, their tool allowance for that calendar year shall be prorated on the basis of the total number of months in which they were employed on the first working day of the year. It is understood that the employee has the responsibility to exercise care and diligence in preventing the loss, theft and breakage of their personal tools. The following classifications are eligible to receive tool allowance: • Equipment/Auto Maintenance Crewleader • Equipment/Auto Maintenance Leadworker • Mechanic I • Mechanic II • Mechanic III • Helicopter Maintenance Technician • Senior Helicopter Maintenance Technician C. Vehicle Use The City Vehicle Use Policy is attached in Exhibit C. Approval is required by the City Manager or designee for any City vehicle to be taken home by an employee. Unit employees subject to the vehicle use policy in Exhibit C shall be required to participate in the DMV Pull Notice program. ARTICLE IX – HOURS OF WORK/OVERTIME A. Work Schedule It is the intent of the City to provide an opportunity for employees to select a flexible (flex) schedule and/or alternative work schedule that is consistent with the City’s objective that such schedules shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. 1. Pay Definitions For the purpose of this Agreement, the following definitions shall apply: a. Base Hourly Rate of Pay is defined as the hourly rate of pay that is identified in Exhibit A, Salary Schedules. b. Regular Rate of Pay is defined as the base hourly rate plus (including) special pays as identified in Article VII. c. Overtime Rate of Pay is defined as the base hourly rate of pay times one and one half (1 ½) plus (including) special pays as identified in Article VII. 355 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT MOU January 1, 2022 through December 31, 2024 7 d. Hours of Work includes: General Leave, Holidays, Sick Leave and Compensatory Time for the purpose of calculating overtime. 2. Defined Workweek under Fair Labor Standards Act (FLSA) It is understood that the City has established a workweek for each covered employee which meets the requirements of the FLSA and which will not result in overtime compensation as part of a normal work schedule. Each non-exempt employee shall be assigned a designated FLSA workweek for the correct calculation of overtime. This designated workweek shall not change unless extraordinary circumstances require a change in the employee’s regular work schedule due to operational need. A change in the designated FLSA workweek shall be recommended by the Department Head and approved by the Administrative Services Director. 3. Flex Schedule and Alternative Work Schedule - Civic Center Employees With Supervisor and Department Head approval employees may flex regular scheduled start times between the hours of 6:30 A.M. to 9:00 A.M. in half-hour increments (i.e. 6:30 AM, 7:00 A.M., 7:30 A.M., 8:00 A.M., 8:30 A.M., and 9:00 A.M.). Flex schedules shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. Once a flex schedule is established, an employee shall not change that schedule until the end of the pay period, with the approval of the Department Head. Employees will have the option of working a 5/40 or 9/80 work schedule with Supervisor and Department Head approval. Employees assigned to the Police Department shall retain the option of working the 4/10 work schedule with Supervisor and Department Head approval. In order to maintain service to the public, departmental effectiveness, productivity and/or efficiency, a Department Head may assign an employee a different work schedule that is in compliance with the requirements of FLSA with City Manager approval. a. 5/40 Work Schedule The 5/40 work schedule shall be defined as working five (5) eight (8) hour days Monday through Friday each week plus a one (1) hour unpaid lunch during each work shift, totaling a forty (40) hour workweek. The assigned 5/40 work schedule must be in compliance with the requirements of FLSA. b. 9/80 Work Schedule i. Civic Center Employees The 9/80 work schedule, as outlined in Exhibit E, shall be defined for all employees assigned to the Civic Center as working nine (9) days for eighty (80) hours in a two (2) week pay period by working eight (8) days at nine (9) hours per day and working one (1) day (Friday) for eight (8) hours, plus a one (1) hour unpaid lunch during each work shift, totaling forty (40) hours in each FLSA workweek. The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. ii. Non Civic Center Employees The 9/80 work schedule, as outlined in Exhibit E, shall be defined for all employees not assigned to the Civic Center as working nine (9) days for eighty 356 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT MOU January 1, 2022 through December 31, 2024 8 (80) hours in a two (2) week pay period by working eight (8) days at nine (9) hours per day and working one (1) day (Friday) for eight (8) hours, plus a one (1) hour unpaid scheduled lunch during each work shift, totaling forty (40) hours in each FLSA workweek. The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. c. 4/10 Work Schedule The 4/10 work schedule, as outlined in Exhibit F, shall be defined as working four (4) ten (10) hour days each week plus a one (1) hour unpaid lunch during each work shift, totaling forty (40) hours in each FLSA workweek. The assigned 4/10 work schedule must be in compliance with the requirements of FLSA. The 4/10 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. d. Existing Alternative Work Schedules Non Civic Center employees who had an alternative work schedule (9/80 or 4/10) prior to February 1, 2003, may retain that alternative work schedule. Employees assigned to Beach Operations may be required to work a 4/10 work schedule. Civic Center employees who had an alternative work schedule (9/80) prior to February 1, 2003, may revert to that alternative work schedule (9/80) in the event their Supervisor and/or Department Head determine that the 9/80 schedule set forth in this Article is inappropriate for the employee’s classification. B. Overtime/Compensatory Time 1. FLSA Workweek and Employee Pay Period Each employee is assigned a designated workweek as a seven (7) day workweek that begins and ends based upon a defined work schedule. Each employee’s pay period is a fourteen (14) day cycle that consists of two (2) consecutive workweeks. It is the policy of the City that overtime is to be used only as needed or under emergency conditions, as approved by the City Manager or designee. 2. Overtime FLSA “non-exempt” employees shall be compensated at the Overtime Rate (in the form of pay or compensatory time) for hours worked over forty (40) hours in a workweek. 3. Work Shift that Exceeds Thirteen (13) Hours An employee who performs authorized work immediately preceding or upon completion of a regular work shift (extension of a workday) that exceeds thirteen (13) hours in a shift shall be compensated as follows: a. One and one-half (1 ½) times the employee’s regular rate of pay for all hours worked in excess of their regular workday, up to and including thirteen (13) hours in any workday, and b. Two (2) times the employee’s regular rate for all hours worked in excess of thirteen (13) hours in a workday. 357 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT MOU January 1, 2022 through December 31, 2024 9 4. The employee’s Supervisor shall determine if employee receives overtime pay or compensatory time. Consideration shall be given to effectuating the request of the employee; however, the maximum accrual for compensatory time shall be one hundred forty (140) hours. 5. Two (2) times per fiscal year an employee may cash out hours of banked compensatory time, for maximum annual cash out amount of one hundred ten (110) hours. The employee shall give payroll two (2) weeks advance notice of their decision to exercise such option. C. Employee Fatigue An employee who is called back to work following the end of their regularly scheduled work shift and proceeds to work more than five (5) consecutive overtime hours shall then be entitled to an eight (8) hour rest period without compensation, upon completion of the assignment. Regularly scheduled lunch periods are not considered part of this rest period. If the eight (8) hour rest period extends into the employee’s next regularly scheduled work shift, the employee shall suffer no loss of pay or accrued leave as a result thereof. As far as is practicable, employees who have earned a rest period shall be relieved at the start of their regular work shift in order to take such rest period. This application of this provision shall include scheduled work assignments and extended work assignments. D. Callback Employees called back to work shall be compensated a minimum of two (2) hours of overtime pay at the regular rate of pay. A Supervisor shall notify an employee, in advance, of the need to work overtime. Where overtime is worked as an extension of the workday, it shall not be considered call back. While overtime may be required to be worked, it is the City's policy to discourage the working of overtime, and to provide reasonable notification to an employee should overtime be required. An employee called back to work less than two (2) hours before their shift begins shall not be paid Call Back pay but will be paid in accordance with Article IX.C. Overtime/Compensatory Time. E. Mandatory Standby An employee who is placed on standby status by their Supervisor shall be compensated at an hourly rate equal to 0.180 of their base hourly rate of pay for the entire period of such assignment. F. Acting Assignment If an employee is formally assigned to work in a higher classification on a temporary basis for greater than three (3) consecutive weeks, the employee shall be compensated for all hours worked in the higher classification at a rate which is at least five percent (5%) above their pay step, but such pay increase shall not exceed ten percent (10%) and not to exceed the top step of the pay range for all hours worked in the higher classification. In the event a non-exempt employee is assigned to act in a classification that is exempt from overtime, the employee shall retain all special pays of their non-exempt classification and shall receive compensation for hours worked over forty (40) hours in the designated FLSA workweek on a hour for hour basis, at the regular rate of pay. Such pay shall be paid or credited to the employee’s compensatory time off balance at the discretion of the Department Head or designee. 358 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT MOU January 1, 2022 through December 31, 2024 10 Acting assignments are not intended to exceed six (6) months unless extraordinary circumstances warrant an extension as recommended and approved by the Administrative Services Director. Under no circumstances shall an acting assignment exceed (1) one year nor shall it be considered a reclassification or a promotion Employees on acting assignment obtain no property rights in the acting assignment and may be returned to their regular position at any time. Upon promotion to an FLSA exempt classification, all compensatory time off shall be cashed out prior to promotion at the employee’s current regular rate of pay in the non- exempt classification. G. Court Standby Time and Court Appearance Time An employee who is required to perform court standby duty in the performance of their official capacity with the City, shall be eligible for Court Standby Time or Court Appearance Time. An employee who is required to be on standby for a court appearance during other than their regularly scheduled work hours shall receive a minimum of three (3) hours’ time at their regular rate of pay for each morning and afternoon court session. In the event an employee is required to appear in court during other than their regularly scheduled work hours, the employee shall receive a minimum of three (3) hours at the overtime rate; provided however, that if such time overlaps with the employee’s regularly scheduled work hours, this provision shall be limited to those hours occurring prior to or after the employee’s regularly scheduled work time. A legally served subpoena or the direction of the Department Head shall be required to support the payment of Court Standby or Appearance Time. ARTICLE X – HEALTH AND OTHER INSURANCE BENEFITS A. Health and Other Insurance Premiums The City shall make available group medical, dental, and vision benefits to all employees. A copy of the medical, dental, and vision plan brochures may be obtained from the Human Resources Division. B. Eligibility, Criteria and Cost 1. City and Employee Paid Medical Insurance – Employees and Dependents The City and employee shall each pay for health insurance premiums for qualified employees and dependent(s) effective the first of the month following the employee’s date of hire. The employee deduction for premium contributions shall be aligned with the effective date of coverage, and the ending date of coverage upon the employee’s separation. The payroll deduction amount shall begin no later than the first full pay period following the effective date of coverage and prorated for coverage through the end of the month in which employment was separated. All employee contributions shall be deducted on a pre-tax basis. 359 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT MOU January 1, 2022 through December 31, 2024 11 Maximum Employer Contributions For the term of this agreement, and thereafter unless modified by negotiated agreement of the parties, the City’s maximum monthly employer contributions for each employee’s health and other insurance premiums are set forth as follows: a. Effective the pay period that includes January 1, 2022, the City’s maximum monthly contribution to medical premiums will increase as summarized in the table below, up to, but not to exceed the monthly plan premium cost. b. Effective the pay period that includes January 1, 2023, the City’s maximum monthly contribution to medical premiums will increase by $23.33 per month, per medical plan and enrollment tier, up to, but not to exceed the monthly plan premium cost. c. The City’s contribution to Delta Dental PPO, Delta Care HMO, and Vision Service plans (VSP) will not increase, as shown in the table below. The dental insurance maximum coverage is two thousand dollars ($2,000.00) per year. The maximum City contribution shall be based on the employee’s enrollment in each plan. If an employee’s health insurance premium (medical, dental, and/or vision) exceeds the City’s contribution, the employee shall be responsible for paying the difference between the cost of the premium and the City’s contribution. Maximum City Health Contributions The City agrees to contribute up to the plan premium per tier, but not higher than the maximums listed below: Plan Tier Prior Year Effective 1/1/2022 Effective 1/1/2023 Medical Single 779.00 831.19 854.52 Two-Party 1357.00 1424.85 1448.18 Family 1607.00 1687.35 1710.68 Delta Dental PPO Single 53.44 53.44 53.44 Two-Party 100.34 100.34 100.34 Family 132.70 132.70 132.70 Delta Care HMO Single 23.48 23.48 23.48 Two-Party 39.95 39.95 39.95 Family 61.07 61.07 61.07 VSP Single 21.88 21.88 21.88 Two-Party 21.88 21.88 21.88 Family 21.88 21.88 21.88 360 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT MOU January 1, 2022 through December 31, 2024 12 2. Part Time Employee Contributions Part-time employees hired after July 1, 2006, shall receive a prorated amount of the City’s contribution rate as established for full-time employees based on the employee’s work schedule, either fifty percent (50%) for half-time (1/2) or seventy-five percent (75%) for three-quarter time (3/4). 3. Future Premiums and City Contributions For the term of this agreement, and thereafter unless modified by negotiated agreement of the parties, the City’s monthly contributions to medical, dental, and vision insurance shall remain as specified for the 2022 and 2023 Health Premiums and Contribution amounts, unless otherwise specified herein. C. COBRA Employees who terminate their employment with the City and their dependent(s) shall have any and all the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) benefits as well as Cal-COBRA (AB1401) to which the law entitles them. D. Life and Accidental Death and Dismemberment Insurance Each employee shall be provided with fifty-thousand dollars ($50,000.00) of life insurance and fifty-thousand dollars ($50,000.00) of accidental death and dismemberment insurance coverage paid for by the City. Each employee shall have the option, at their own expense, to purchase additional amounts of life insurance and accidental death and dismemberment insurance to the extent provided by the City’s current providers. E. Long Term Disability Insurance (LTD) The City shall provide for each employee at the City's expense a long-term disability insurance plan. The parties agree to exclude job-related illness or injury from coverage. A copy of the LTD insurance plan may be obtained from the Human Resources Division. The intent of long-term disability insurance is to assist employees who are off work for an extended period of time. While long term disability benefits can be coordinated with accrued leave benefits to achieve one hundred percent (100%) of regular rate of pay, no employee may receive more than their regular rate of pay while receiving disability benefits and paid leave. F. Medical Cash-Out Group health insurance for this unit is provided by the Teamsters Miscellaneous Security Trust Fund. If an employee obtains approval from the Teamsters Miscellaneous Security Trust Fund to suspend medical and prescription benefits, they may receive a medical cash-out. The amount of cash-out is equal to the City’s contribution to the lowest cost employee-only medical premium offered to this unit. Evidence of approved suspension must be submitted to the Human Resources Division. Medical cash-out would commence the beginning of the first pay period following the effective date of the approved suspension granted by the Teamsters Miscellaneous Security Trust Fund. The Medical Cash-Out is subject to increase up to a maximum of $831.19 effective January 1, 2022, and up to $854.52 effective January 1, 2023, not to exceed the lowest cost single plan tier monthly premium. If the lowest cost single tier plan monthly premium 361 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT MOU January 1, 2022 through December 31, 2024 13 is less than the Medical Cash-Out maximum, then the cash-out will equal the lowest cost single plan tier monthly premium. G. Section 125 Plan This plan allows employees to use pre-tax salary deductions to pay for regular childcare, adult dependent care and/or unreimbursed medical expenses allowable under the Internal Revenue Service rules for a Section 125 plan. H. Miscellaneous 1. Nothing in this Article shall be deemed to restrict the City's right to change insurance carriers or self-fund should circumstance warrant. City shall, however, notify the Association of any proposed change and allow the Association an opportunity to review any proposed change and make recommendations to the City. 2. Nothing in this Article shall be deemed to obligate the City to improve the benefits outlined in this Article. 3. When the City grants an employee leave without pay for reason of medical disability, the City shall continue to contribute its share of the employee’s insurance premiums, pursuant to Article X.B.2. for the time the employee is in a non-pay status for the length of said leave not to exceed twenty-four (24) months. The City shall provide timely written notification of employee rights under this Article and the LTD Plan and will assist the employee in processing LTD claims so that undue delay in receiving LTD payments is avoided. 4. The City and the Association participate in a City-wide joint labor and management Insurance and Benefits Advisory Committee to discuss and study issues relating to insurance benefits available for employees. 5. Health Plan Over-Payments Employees shall be responsible for accurately reporting changes in the status of dependent(s), which affect their eligibility for health plan coverage ninety (90) days after the date of such status change. The City shall use its best efforts to advise all employees of their obligation to report changes in the status of dependent(s), which affect their eligibility. If an employee fails to report a status change that affects eligibility within ninety (90) days, the City shall have the right to recover any premiums paid by the City, on behalf of ineligible dependents. Recovery of such overpayments shall be made as follows: a. The employee's bi-weekly salary warrant shall be reduced by one-half (1/2) of the amount of the bi-weekly overpayment. Such reduction shall continue until the entire amount of the overpayment is recovered. b. The City shall be entitled to recover a maximum of twelve (12) months premium overpayments. Neither the employee nor the dependent shall be liable to the City other than as provided herein. I. Retiree Medical Coverage for Retirees Not Eligible for the City Retiree Medical Subsidy Plan Employees who retire from the City after January 1, 2004 and are granted a retirement allowance by the California Public Employees Retirement System (CalPERS) and are not eligible for the City’s Retiree Medical Subsidy Plan, may choose to participate in City 362 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT MOU January 1, 2022 through December 31, 2024 14 sponsored medical insurance plans until the first of the month in which they turn age sixty- five (65). The retiree shall pay the full premium for City sponsored medical insurance for themselves and/or qualified dependents without any City subsidy. Employees who retire from the City and receive a retirement allowance from the CalPERS and are not eligible for the City’s Retiree Medical Subsidy Plan and choose not to participate in City sponsored medical insurance, upon retirement permanently lose eligibility for this insurance. However, if a retiree who is not eligible for the City’s Retiree Medical Subsidy Plan chooses not to participate in a City sponsored medical insurance plan because the retiree has access to other group medical insurance, and subsequently loses eligibility for that group medical insurance, the retiree and their qualified dependents will have access to City sponsored medical insurance plans reinstated. Eligibility for retiree medical coverage terminates the first of the month in which the retiree or qualified dependent turns age sixty-five (65). J. Post-65 Supplemental Medicare Coverage Retirees who are participating in the Retiree Medical Subsidy Plan as of January 1, 2004 and all future retirees who meet the criteria to participate in City sponsored medical insurance, with or without the Retiree Medical Subsidy Plan, may participate in a City sponsored medical insurance plan that is supplemental to Medicare. A retiree or qualified dependent must choose to participate in a City sponsored medical insurance plan that is supplemental to Medicare beginning the first of the month in which the retiree or qualified dependent turns age sixty-five (65). The retiree shall pay the full premium to participate in a City sponsored medical insurance plan that is supplemental to Medicare for themselves or qualified dependents without any City subsidy. Retirees or qualified dependents upon turning age sixty-five (65), who choose not to participate in a City sponsored medical insurance plan that is supplemental to Medicare, permanently lose eligibility for this insurance. ARTICLE XI – RETIREMENT A. Benefits 1. Self-Funded Supplemental Retirement Benefit Employees hired prior to December 27, 1997 are eligible for the Self-Funded Supplemental Retirement Benefit, which provides that: a. In the event a PERS member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employees' Retirement law, the City shall pay the difference between the employee's elected option and the unmodified allowance which the retiree would have received for their life alone as provided in California Government Code sections 21455, 21456, 21457, and 21548 as said 363 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT MOU January 1, 2022 through December 31, 2024 15 referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the retiree and shall be payable by the City during the life of the member, and upon that retiree's death, the City's obligation shall cease. The method of funding this benefit shall be at the sole discretion of the City. This benefit is vested for employees covered by this Agreement. b. Employees hired on or after December 27, 1997, shall not be eligible for this benefit referenced in A.1.a. herein above. 2. Deferred Compensation Any employee who contributes one dollar ($1.00) or more per pay period to their deferred compensation account shall receive an employer contribution in the amount of nine dollars and twenty-three cents ($9.23) per pay period to the employee's deferred compensation account. 3. Medical Insurance for Retirees a. Upon retirement, whether service or disability, each employee shall have the following options in regards to medical insurance under City sponsored plans: i. With no change in benefits, retirees can stay in any of the plans offered by the City, at the retiree’s own expense, for the maximum time period allowed by federal law (COBRA), state law (Cal-COBRA); or, ii. Retirees may participate in the Retiree Medical Subsidy Plan, attached hereto as Exhibit D, as amended, based upon the eligibility requirements described in Exhibit D. iii. The value of any unused earned leave benefits may be transferred to deferred compensation at retirement, but only during the time that the employee is actively employed with the City. The latest opportunity for such transfer must be the pay period prior to the employee’s last day of employment. b. Employees hired on or after October 1, 2014, shall not be eligible for this benefit referenced in A.3.a.ii. herein above. B. California Public Employees’ Retirement System (CalPERS) 1. “Classic Member” Miscellaneous Unit Members a. Retirement Formula - Members of the City’s miscellaneous retirement plan with the California Public Employees’ Retirement System (CalPERS) shall receive the 2.5% at age 55 CalPERS retirement plan. b. Member Contribution - All miscellaneous bargaining unit “classic” members shall pay to CalPERS as part of the required member retirement contribution eight percent (8%) of pensionable income. c. Classic Member Miscellaneous CalPERS Cost Sharing – Upon the effective date of this agreement, all classic members shall pay one percent (1%) additional compensation earnable as employer cost sharing in accordance with Government 364 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT MOU January 1, 2022 through December 31, 2024 16 Code section 20516(f) - for a capped maximum employee pension contribution of nine percent (9%). 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. This provision shall not sunset at the end of this agreement. d. One-Year Final Compensation - The City shall contract with CalPERS to have retirement benefits calculated based upon the “classic” member employee’s highest one year’s compensation, pursuant to the provisions of Section 20042 (highest single year). e. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU. 2. “New Member” Miscellaneous Unit Members - For “New” Members” within the meaning of the California Public Employees’ Pension Reform Act (PEPRA) of 2013. a. CalPERS New Member Retirement Formula - “New” Members shall be governed by the two percent at age 62 (2% @ 62) retirement formula set forth in Government Code section 7522.20. b. Final Compensation - 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. c. New Member Miscellaneous CalPERS Member Contribution – All “new” members as defined by PEPRA and determined by CalPERS, shall contribute one half (50%) of the normal cost as established by CalPERS each year in its annual valuation for the City, as required by California Government Code Section 7522.30(c). d. New Member Miscellaneous CalPERS Cost Sharing: Upon the effective date, new members shall cost share 1.00% pensionable compensation in accordance with Government Code section 20516(f). This will ensure that these members will pay 7.25% of pensionable compensation when combined with the 6.25% pensionable compensation that these employees are required to pay as determined by CalPERS’s annual evaluation. If in future fiscal years the member contribution rate for new members shall become greater or less than 6.25% of pensionable compensation, as determined by CalPERS’s annual valuation, employees shall continue to pay one percent (1%) above as cost sharing per Government Code section 20516(f). C. Pre-Retirement Optional Settlement 2 Death Benefit Employees shall be covered by the Pre-Retirement Optional Settlement 2 Death Benefit as identified in Government Code Section 21548. D. Fourth Level of 1959 Survivor Benefits Employees shall be covered by the Fourth Level of the 1959 Survivor Benefit as identified in Government Code Section 21574. E. The City has adopted the CalPERS Resolution in accordance with IRS Code section 414(h)(2) and both the employee contribution and the City pickup of the required member contribution are made on a pre-tax basis. However, ultimately, the tax status of any benefit is determined by the law. 365 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT MOU January 1, 2022 through December 31, 2024 17 ARTICLE XII – LEAVE BENEFITS A. Leave With Pay 1. General Leave a. Accrual Employees accrue leave at the accrual rates outlined below. General Leave may be used for any purpose, including vacation, Sick Leave, and personal leave. Years of Service Full-Time Three-Quarter Time One-Half Time First through Fourth Year 176 Hours 132 Hours 88 Hours Fifth through Ninth Year 200 Hours 150 Hours 100 Hours Tenth through Fourteenth Year 224 Hours 168 Hours 112 Hours Fifteenth Year and Thereafter 256 Hours 192 Hours 128 Hours b. Eligibility and Approval General Leave must be pre-approved except for illness, injury or family sickness, which may require a physician’s statement for approval. General Leave accrued time is to be computed from hire date anniversary. Employees shall not be permitted to take general leave in excess of actual time earned. Employees shall not accrue General Leave in excess of six hundred forty (640) hours. An employee who earns General Leave hours in excess of six hundred forty (640) hours shall be paid the cash value of those additional hours in their paycheck. Employees may not use their General Leave to advance their separation date on retirement or other separation from employment. c. Conversion to Cash Two (2) times during each fiscal year, each employee shall have the option to convert into a cash payment or deferred compensation up to a total of one hundred-twenty (120) hours of accrued General Leave per fiscal year. The value of each hour of conversion is at the employee’s current base hourly rate of pay, as reflected in Exhibit A. The employee shall give payroll two (2) weeks advance notice of their decision to exercise such option. d. One (1) Week Minimum Vacation Requirement Employees in the following positions, or their reclassified equivalent, in the Finance Department, shall take a minimum of one (1) week (i.e., five (5) consecutive workdays) paid vacation each calendar year: 366 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT MOU January 1, 2022 through December 31, 2024 18 Accounting Technician I; Accounting Technician II; Senior Accounting Technician; Accounting Technician Supervisor; Field Service Representative, Senior Accountant (responsible for bank reconciliation) 2. City Paid Holidays a. Full-time employees shall be compensated for the employee’s regularly scheduled work shift for the following holidays: 1. New Year’s Day 2. Martin Luther King Day (third Monday in January) 3. President’s Day (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veteran’s Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. The Friday after Thanksgiving 10. Christmas Eve (December 24) 11. Christmas Day (December 25) 12. New Year’s Eve (December 31) Any day declared by the President of the United States to be a national holiday or by the Governor of the State of California to be a state holiday and adopted as an employee holiday by the City Council of Huntington Beach. b. City Observed Holidays The parties agree that the City shall issue an official City holiday calendar in January of each year that will determine the dates that holidays are observed, following the guidelines below: 1. City-paid holidays which fall on Saturday shall be observed the preceding Friday, and those falling on Sunday shall be observed the following Monday. 2. In the event that two consecutive City-paid holidays fall on a Friday and Saturday, the two holidays shall be observed on the preceding Thursday and Friday. 3. In the event that two consecutive City-paid holidays fall on a Sunday and Monday, the two holidays shall be observed on Monday and the following Tuesday. c. Holiday Paid Time Off for Part-Time Employees A permanent part-time employee shall have City paid holidays paid as time off with a prorated amount proportion to their regular hours worked, respectively for the holidays listed above in Article XII.2.a. d. Holiday Pay For Work on a City Observed Holiday In the event an employee is assigned to work on the City observed holiday, in addition to being paid for the holiday at the employee’s regular rate of pay, whether it is or is not the employee’s regularly scheduled workday, the employee shall be 367 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT MOU January 1, 2022 through December 31, 2024 19 paid for working the holiday at the regular rate of pay unless FLSA overtime provisions apply, meaning the employee will be paid overtime. e. Holiday Pay for Work on an Actual Holiday (Not the City Observed Date) An employee who works on the actual holiday as listed in Article XII.2.A. 1-10, in addition to being paid for the holiday at the employee’s regular rate of pay, the employee shall be compensated at the overtime rate. f. An employee who is assigned or required to work on both the City observed holiday date and on the actual date that the holiday falls, shall only be paid for one City holiday (as applicable per section E. or F. above). g. Alternative Work Schedules Refer to the Leave Benefits’ Holiday sections in Exhibit E 9/80 Work Schedule and Exhibit F 4/10 Work Schedule for employees on alternative work schedules. h. CalPERS Reporting of Holiday Pay Employees who are required to work on a holiday observed by the City, either on the date observed by the City or on the date that the actual holiday falls as a part of their regular work schedule, shall have their holiday pay reported to CalPERS. Classifications eligible for this CalPERS reporting are: Beach Equipment Operator, Beach Maintenance Crewleader, Beach Maintenance Worker, Crime Scene Investigator, Parking/Camping Crewleader, Parking/Camping Leadworker, Parking Meter Repair Technician, Parking Meter Repair Worker, Parking Control Officer, Police Records Supervisor, Police Records Technician, Police Records Specialists assigned to the Records Bureau, Police Service Specialists assigned to the Records Bureau and Police Systems Coordinator. i. If an employee is scheduled to work a holiday and will lose that holiday time due to their General Leave bank having reached the maximum cap of six hundred forty (640) hours, at the employee’s request, the employee may cash out the part of their holiday time they will lose. 3. Sick Leave a. Accrual No employee shall accrue Sick Leave. b. Credit Employees hired prior to March 30, 2002, shall be credited with their Sick Leave accrued as of March 29, 2002. c. Usage Employees may use accrued Sick Leave for the same purposes for which it was used prior to March 30, 2002. d. Payoff at Separation Upon separation, all employees shall be paid, at their current salary rate, for twenty-five percent (25%) of unused, earned Sick Leave from four hundred and eighty (480) hours through seven hundred and twenty (720) hours, and for fifty percent (50%) of all unused, earned Sick Leave in excess of seven hundred and twenty (720) hours. 368 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT MOU January 1, 2022 through December 31, 2024 20 e. Extended Absences Sick Leave shall not be used to extend absences due to work related (industrial) injuries or illnesses. 4. Bereavement Leave Employees shall be entitled to bereavement leave not to exceed three (3) work shifts in each instance of death in their immediate family. Immediate family is defined as a parent, sibling, spouse, registered domestic partner, child, grandparent, grandchild, or wards of which the employee is the legal guardian, recognizing all birth, marital, and other legal ties (i.e., step relatives, in-laws, etc.). 5. Association Business An allowance of eight hundred (800) hours per year shall be established for the purpose of allowing duly authorized representatives of the Association to conduct lawful Association activities. The parties agree to meet and confer during the term of the Agreement to establish guidelines for use of Association Business time. 6. Jury Duty Employees who are regularly scheduled to work on swing or graveyard shifts, as defined in Article VII.B.2., shall be placed on a day shift if they are required to appear for jury duty or selection for a period of more than one day. 7. Leave Benefits Entitlement The City shall comply with all state and federal leave benefit entitlement laws. An eligible employee on an approved leave shall be allowed to use earned Sick Leave, General Leave, and/or Compensatory Time for serious and non-serious family or personal health issues. For more information on employee leave options, contact the Human Resources Division. ARTICLE XIII – CITY RULES Personnel Rules All MOU provisions that supersede the City’s Personnel Rules shall automatically update the City’s Personnel Rules and be incorporated into such rules. ARTICLE XIV – MISCELLANEOUS A. Grievance Arbitration Any grievance as defined and described in Rules 19 and 20 of the City Personnel Rules (Resolution No. 3960), shall be settled in accordance with the procedures set forth in said Rules except that the parties to the grievance may, by mutual agreement, submit the grievance to a neutral arbitrator whose decision shall be final and binding on the parties. The arbitrator shall be selected by the parties from listings of and pursuant to the rules of the American Arbitration Association. This procedure, if adopted by the parties, shall be in lieu of Step 5 of Rule 19, or Step 4 of Rule 20, and the fees charged by the arbitrator or hearing officer and court reporter shall be paid equally, fifty-fifty (50-50) by the City and the Association. 369 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT MOU January 1, 2022 through December 31, 2024 21 B. Promotional Procedures 1. Tie Scores When promotions are to be made, and two or more employees are found to be equal as a result of promotional examinations conducted by the City, the employee with the greatest length of service with the City shall receive the promotion. 2. Salary Upon Promotion Upon promotion, an employee shall be compensated at the same step in the salary range for their new classification, subject to the following provisions: a. Except for the provisions of sub-paragraphs b and c below, no employee shall receive greater than ten percent (10%) increase upon promotion. b. If “A” Step of the classification upon promotion is greater than ten percent (10%) increase, the employee shall be compensated at “A” step upon promotion. c. If the employee would be eligible for a step increase within eleven (11) months of the date of promotion in their classification before promotion, then the Administrative Services Director may authorize an increase greater than ten percent (10%) upon promotion. C. Labor-Management Relations Committee The City and HBMT participate in a Labor-Management Relations Committee as follows: 1. The Association and the City recognize that the participation of employees in the formulation and implementation of personnel policy and practices affects their well- being and the efficient administration of the Government. The parties further recognize that the entrance into a formal agreement with each other is but one act of joint participation, and that the success of a labor-management relationship is further assured if a forum is available and used to communicate with each other. The parties therefore agree to the structure of Labor-Management Relations Committees (LMRC) for the purpose of exchanging information and the discussion of matters of concern or interest to each of them, in the broad area of working conditions, wages and hours. 2. The City of Huntington Beach shall have an LMRC. The formation of this LMRC shall not serve as the basis for reopening the meet and confer process to modify this MOU. 3. The LMRC shall meet monthly. The City shall be represented by the City Manager (or designee), the Administrative Services Director (or designee), and Department Heads. Four (4) representatives at these meetings shall represent the Association. 4. The City agrees that any meeting conducted under this Article shall be conducted in facilities furnished by the City, and Association representatives shall be released from their duties at work to attend the LMRC. 5. The parties shall exchange agenda items five (5) workdays before each scheduled LMRC meeting described in this section. Matters not on the agenda may be discussed by mutual consent. If either party timely forwards an agenda, the meeting will be held. 370 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT MOU January 1, 2022 through December 31, 2024 22 D. Copies of MOU The City agrees to print this Memorandum of Understanding for each employee requesting a copy. E. Position Classification Issues 1. Class Specifications The City shall send the Association a copy of each new job description approved for classifications within the representation unit. 2. Reclassification Impact It is not the intention of the City to demote or layoff an employee through reclassification. Prior to imposing a Y-rating, or layoff resulting from classification reviews, the City agrees to meet and confer with Association representatives. F. Class A and B Driver License Fees The City shall reimburse employees for costs associated with obtaining and renewing Class A and Class B driver licenses where required by the City for the position. G. Deferred Compensation Loan Program Employees may utilize this program, under which employees may borrow up to fifty percent (50%) of their deferred compensation funds for critical needs such as medical costs, college tuition, or purchase of a home. H. Performance Evaluations/Written Reprimand Appeals Employees may appeal the results of a performance evaluation or written reprimand. Such appeals shall be initiated through the appropriate chain of command (which may include the LMRC) and any decision made by the Department Head shall be considered final. I. HBMT Letter of Introduction A one-page letter of introduction from HBMT, and of HBMT’s choosing, regarding the benefits and purpose of joining the HBMT, will be included in all HBMT eligible new employee orientation packets. J. Department of Transportation (DOT) Random Alcohol and Controlled Substance Testing During the term of the Agreement, the City and the Association agree to meet and confer to update the policy in accordance with law. K. Update Employee-Employer Relations Resolution (EERR) During the term of the Agreement, the City and the Association agree to meet and confer to update the Employee-Employer Relations Resolution to reflect current state law. L. Required Fingerprinting of Employees The City requires that all employees who are hired, transferred, or promoted to positions that require fingerprinting by federal, state or local law(s) be fingerprinted according to said law(s). The City may also require employees be fingerprinted if they are hired, transferred or promoted into positions with oversight responsibilities for senior citizens or oversight responsibilities for confidential, and or sensitive documents or equipment. M. Beach Parking Employees may purchase a City beach parking pass at the senior discount rate. 371 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT MOU January 1, 2022 through December 31, 2024 23 N. Reasonable Suspicion Alcohol and Controlled Substance Testing The City maintains the right to conduct a test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace. The policy to implement such testing shall be established by the City and the Association during the term of the Agreement. ARTICLE XV – DURING THE TERM OF THE AGREEMENT A. Classification and Compensation Study - During the term of the agreement, the parties agree to meet and confer regarding parameters and procedures of the citywide classification and compensation study that commenced in April 2021. B. Performance Evaluations - During the term of the agreement, the parties agrees to meet and confer on an updated performance evaluation system, including the Performance Bonus implementation. 372 373 HBMT MOU January 1, 2022 through December 31, 2024 25 HBMT LIST OF MOU EXHIBITS EXHIBITS SUBJECT A Class/Salary Schedule B Uniform Policy B-1 Uniform Listing by Category/Class C Vehicle Use Policy D Provisions of the Retiree Medical Subsidy Plan E 9/80 Work Schedule F 4/10 Work Schedule G Agency Shop Agreement H Catastrophic Leave Donation Program I Teamsters Miscellaneous Security Trust 374 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT A –PAY SCHEDULE HBMT MOU January 1, 2022 through December 31, 2024 26 Job No Job Description Pay Range A B C D E F G 0111 Accountant 180 33.25 34.91 36.66 38.49 40.42 42.44 44.56 0286 Accounting Technician I 144 23.24 24.40 25.62 26.90 28.25 29.66 31.14 0287 Accounting Technician II 153 25.42 26.69 28.02 29.42 30.89 32.44 34.06 0294 Accounting Technician Supv 168 29.51 30.98 32.53 34.16 35.87 37.66 39.54 0428 Administrative Aide 178 32.60 34.23 35.94 37.73 39.62 41.60 43.68 0278 Administrative Assistant 166 28.93 30.37 31.89 33.49 35.16 36.92 38.76 0289 Administrative Secretary 150 24.67 25.90 27.20 28.56 29.99 31.49 33.06 0297 Art Programs Curator 167 29.22 30.68 32.21 33.82 35.51 37.29 39.15 0698 Assistant Civil Engineer 180 33.25 34.91 36.66 38.49 40.42 42.44 44.56 0108 Assistant Planner 183 34.26 35.97 37.77 39.66 41.64 43.72 45.91 0267 Assistant Social Worker 146 23.71 24.89 26.14 27.44 28.82 30.26 31.77 0358 Beach Equip Operator 159 26.98 28.33 29.75 31.23 32.80 34.43 36.16 0149 Beach Maint Crewleader 185 34.95 36.69 38.53 40.46 42.48 44.60 46.83 0452 Beach Maint Service Worker 151 24.92 26.16 27.47 28.84 30.29 31.80 33.39 0210 Building Inspector I 175 31.64 33.22 34.88 36.62 38.45 40.38 42.40 0211 Building Inspector II 185 34.95 36.69 38.53 40.46 42.48 44.60 46.83 0208 Building Inspector III 195 38.60 40.53 42.56 44.69 46.92 49.27 51.73 0176 Building Plan Checker I 194 38.22 40.13 42.14 44.25 46.46 48.78 51.22 0520 Building Plan Checker II 209 44.37 46.59 48.92 51.37 53.94 56.63 59.46 0366 Business License Supervisor 184 34.60 36.33 38.15 40.05 42.06 44.16 46.37 0112 Buyer 179 32.92 34.57 36.30 38.11 40.02 42.02 44.12 0106 Civil Engineering Assistant 196 38.99 40.94 42.99 45.13 47.39 49.76 52.25 0162 Civilian Check Investigator 156 26.19 27.50 28.87 30.31 31.83 33.42 35.09 0186 Code Enforcement Officer I 156 26.19 27.50 28.87 30.31 31.83 33.42 35.09 0182 Code Enforcement Officer II 177 32.27 33.89 35.58 37.36 39.23 41.19 43.25 0511 Code Enforcement Technician 138 21.89 22.99 24.14 25.34 26.61 27.94 29.34 0263 Community Relations Specialist 161 27.52 28.90 30.34 31.86 33.45 35.13 36.88 0597 Community Services Officer 164 28.36 29.77 31.26 32.83 34.47 36.19 38.00 0269 Community Srvcs Rec Specialist 151 24.92 26.16 27.47 28.84 30.29 31.80 33.39 0258 Community Srvcs Rec Supv 184 34.60 36.33 38.15 40.05 42.06 44.16 46.37 0172 Construction Inspector I 175 31.64 33.22 34.88 36.62 38.45 40.38 42.40 0463 Construction Inspector II 185 34.95 36.69 38.53 40.46 42.48 44.60 46.83 0312 Court Liaison Specialist 150 24.67 25.90 27.20 28.56 29.99 31.49 33.06 375 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT A – PAY SCHEDULE Job No Job Description Pay Range A B C D E F G HBMT MOU January 1, 2022 through December 31, 2024 27 0166 Crime Analyst 178 32.60 34.23 35.94 37.73 39.62 41.60 43.68 0165 Crime Analyst Senior 194 38.22 40.13 42.14 44.25 46.46 48.78 51.22 0255 Crime Scene Investigator 172 30.71 32.24 33.85 35.55 37.32 39.19 41.15 0119 Criminalist 184 34.60 36.33 38.15 40.05 42.06 44.16 46.37 0192 Cross Connection Control Spec 177 32.27 33.89 35.58 37.36 39.23 41.19 43.25 0400 Custodian 140 22.33 23.45 24.62 25.85 27.15 28.50 29.93 0134 Deputy City Clerk 159 26.98 28.33 29.75 31.23 32.80 34.43 36.16 0138 Development Specialist 184 34.60 36.33 38.15 40.05 42.06 44.16 46.37 0339 Electrician 176 31.95 33.55 35.23 36.99 38.84 40.78 42.82 0232 Emergency Medical Srvcs Coord 219 49.02 51.47 54.04 56.74 59.58 62.56 65.69 0198 Emergency Services Coordinator 204 42.22 44.33 46.55 48.87 51.32 53.88 56.58 0175 Engineering Aide 161 27.52 28.90 30.34 31.86 33.45 35.13 36.88 0180 Engineering Technician 182 33.92 35.62 37.40 39.27 41.23 43.29 45.45 0445 Environmental Specialist 196 38.99 40.94 42.99 45.13 47.39 49.76 52.25 0382 Equip Services Crewleader 188 36.01 37.81 39.70 41.68 43.77 45.95 48.25 0142 Equip/Auto Maint Crewleader 188 36.01 37.81 39.70 41.68 43.77 45.95 48.25 0472 Equip/Auto Maint Leadworker 179 32.92 34.57 36.30 38.11 40.02 42.02 44.12 0383 Equipment Support Assistant 154 25.67 26.95 28.30 29.72 31.20 32.76 34.40 0061 Executive Assistant 180 33.25 34.91 36.66 38.49 40.42 42.44 44.56 0143 Facilities Maint Crewleader 188 36.01 37.81 39.70 41.68 43.77 45.95 48.25 0407 Facilities Maint Leadworker 163 28.08 29.48 30.95 32.50 34.13 35.83 37.62 0391 Facilities Maintenance Tech 155 25.93 27.22 28.59 30.01 31.52 33.09 34.75 0398 Field Service Representative 158 26.71 28.05 29.45 30.92 32.47 34.09 35.80 0613 Fire Prevention Inspector I 180 33.25 34.91 36.66 38.49 40.42 42.44 44.56 0612 Fire Prevention Inspector II 198 39.77 41.76 43.85 46.04 48.34 50.76 53.30 0173 Fire Training Maintenance Tech 172 30.71 32.24 33.85 35.55 37.32 39.19 41.15 0470 Forensic Systems Specialist 190 36.73 38.57 40.49 42.52 44.64 46.88 49.22 0576 GIS Analyst I 193 37.84 39.73 41.72 43.81 46.00 48.30 50.71 0178 GIS Analyst II 201 40.98 43.03 45.18 47.44 49.81 52.30 54.91 0190 Haz Mat Program Specialist 192 37.47 39.34 41.31 43.37 45.54 47.82 50.21 0337 Helicopter Maintenance Tech 170 30.10 31.61 33.19 34.85 36.59 38.42 40.34 0117 Info Technology Analyst III 207 43.50 45.67 47.96 50.36 52.87 55.52 58.29 0115 Info Technology Analyst I 193 37.84 39.73 41.72 43.81 46.00 48.30 50.71 376 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT A – PAY SCHEDULE Job No Job Description Pay Range A B C D E F G HBMT MOU January 1, 2022 through December 31, 2024 28 0505 Info Technology Analyst II 201 40.98 43.03 45.18 47.44 49.81 52.30 54.91 0118 Info Technology Analyst IV 217 48.05 50.45 52.97 55.62 58.40 61.33 64.39 0634 Info Technology Project Coord 203 41.80 43.89 46.09 48.39 50.81 53.35 56.02 0495 Info Technology Technician I 145 23.47 24.65 25.88 27.17 28.53 29.96 31.45 0494 Info Technology Technician II 157 26.45 27.77 29.16 30.62 32.15 33.76 35.44 0492 Info Technology Technician IV 178 32.60 34.23 35.94 37.73 39.62 41.60 43.68 0491 Info Technology Technician Sr. 185 34.95 36.69 38.53 40.46 42.48 44.60 46.83 0493 Info Technology Technician III 168 29.51 30.98 32.53 34.16 35.87 37.66 39.54 0155 Irrigation Crewleader 185 34.95 36.69 38.53 40.46 42.48 44.60 46.83 0357 Irrigation Specialist 156 26.19 27.50 28.87 30.31 31.83 33.42 35.09 0359 Landscape Equip Operator 159 26.98 28.33 29.75 31.23 32.80 34.43 36.16 0145 Landscape Maint Crewleader 185 34.95 36.69 38.53 40.46 42.48 44.60 46.83 0402 Landscape Maint Leadworker 167 29.22 30.68 32.21 33.82 35.51 37.29 39.15 0163 Latent Fingerprint Examiner 179 32.92 34.57 36.30 38.11 40.02 42.02 44.12 0300 Legal Assistant 161 27.52 28.90 30.34 31.86 33.45 35.13 36.88 0114 Librarian 169 29.80 31.29 32.86 34.50 36.23 38.04 39.94 0432 Library Facilities Coordinator 159 26.98 28.33 29.75 31.23 32.80 34.43 36.16 0451 Library Services Clerk 133 20.83 21.87 22.97 24.11 25.32 26.59 27.91 0257 Library Specialist 151 24.92 26.16 27.47 28.84 30.29 31.80 33.39 0302 Literacy Program Specialist 169 29.80 31.29 32.86 34.50 36.23 38.04 39.94 0392 Maint Service Worker 151 24.92 26.16 27.47 28.84 30.29 31.80 33.39 0394 Maintenance Worker 138 21.89 22.99 24.14 25.34 26.61 27.94 29.34 0448 Marine Equipment Mechanic 178 32.60 34.23 35.94 37.73 39.62 41.60 43.68 0384 Mechanic I 154 25.67 26.95 28.30 29.72 31.20 32.76 34.40 0348 Mechanic II 165 28.64 30.07 31.58 33.15 34.81 36.55 38.38 0347 Mechanic III 171 30.40 31.92 33.52 35.19 36.95 38.80 40.74 0380 Media Services Specialist 151 24.92 26.16 27.47 28.84 30.29 31.80 33.39 0306 Office Assistant I 117 17.76 18.65 19.59 20.56 21.59 22.67 23.81 0304 Office Assistant II 135 21.25 22.31 23.43 24.60 25.83 27.12 28.48 0290 Office Specialist 141 22.56 23.68 24.87 26.11 27.42 28.79 30.23 0378 Painter Leadworker 176 31.95 33.55 35.23 36.99 38.84 40.78 42.82 0153 Park Maintenance Crewleader 188 36.01 37.81 39.70 41.68 43.77 45.95 48.25 0177 Parking Meter Repair Tech 165 28.64 30.07 31.58 33.15 34.81 36.55 38.38 377 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT A – PAY SCHEDULE Job No Job Description Pay Range A B C D E F G HBMT MOU January 1, 2022 through December 31, 2024 29 0395 Parking Meter Repair Worker 157 26.45 27.77 29.16 30.62 32.15 33.76 35.44 0570 Parking/Camping Assistant 138 21.89 22.99 24.14 25.34 26.61 27.94 29.34 0459 Parking/Camping Crewleader 185 34.95 36.69 38.53 40.46 42.48 44.60 46.83 0401 Parking/Camping Leadworker 167 29.22 30.68 32.21 33.82 35.51 37.29 39.15 0455 Parking/Traffic Control Coord 161 27.52 28.90 30.34 31.86 33.45 35.13 36.88 0262 Parking/Traffic Control Officer 138 21.89 22.99 24.14 25.34 26.61 27.94 29.34 0577 Parking/Traffic Control Supv 168 29.51 30.98 32.53 34.16 35.87 37.66 39.54 0458 Payroll Specialist 195 38.60 40.53 42.56 44.69 46.92 49.27 51.73 0447 Payroll Technician 155 25.93 27.22 28.59 30.01 31.52 33.09 34.75 0295 Permit Technician 146 23.71 24.89 26.14 27.44 28.82 30.26 31.77 0279 Personnel Assistant 152 25.17 26.42 27.74 29.13 30.59 32.12 33.72 0367 Pest Control Specialist 156 26.19 27.50 28.87 30.31 31.83 33.42 35.09 0136 Planning Aide 161 27.52 28.90 30.34 31.86 33.45 35.13 36.88 0342 Plumber 173 31.01 32.56 34.19 35.90 37.70 39.58 41.56 0197 Police Photo/Imaging Specialist 172 30.71 32.24 33.85 35.55 37.32 39.19 41.15 0307 Police Records Specialist 141 22.56 23.68 24.87 26.11 27.42 28.79 30.23 0283 Police Records Supervisor 156 26.19 27.50 28.87 30.31 31.83 33.42 35.09 0282 Police Records Technician 131 20.42 21.44 22.51 23.64 24.82 26.06 27.36 0308 Police Services Specialist 151 24.92 26.16 27.47 28.84 30.29 31.80 33.39 0215 Police Systems Coordinator 166 28.93 30.37 31.89 33.49 35.16 36.92 38.76 0584 Program Coord - Human Services 172 30.71 32.24 33.85 35.55 37.32 39.19 41.15 0259 Property and Evidence Officer 160 27.25 28.61 30.04 31.55 33.12 34.78 36.52 0261 Property and Evidence Supervisor 175 31.64 33.22 34.88 36.62 38.45 40.38 42.40 0583 Rideshare Coordinator 183 34.26 35.97 37.77 39.66 41.64 43.72 45.91 0256 Risk Management Specialist 151 24.92 26.16 27.47 28.84 30.29 31.80 33.39 0515 SCADA Coordinator 185 34.95 36.69 38.53 40.46 42.48 44.60 46.83 0346 SCADA Technician 173 31.01 32.56 34.19 35.90 37.70 39.58 41.56 0110 Senior Accountant 195 38.60 40.53 42.56 44.69 46.92 49.27 51.73 0288 Senior Accounting Technician 163 28.08 29.48 30.95 32.50 34.13 35.83 37.62 0630 Senior Buyer 192 37.47 39.34 41.31 43.37 45.54 47.82 50.21 0434 Senior Code Enforcement Officer 188 36.01 37.81 39.70 41.68 43.77 45.95 48.25 0171 Senior Construction Inspector 195 38.60 40.53 42.56 44.69 46.92 49.27 51.73 0135 Senior Deputy City Clerk 184 34.60 36.33 38.15 40.05 42.06 44.16 46.37 378 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT A – PAY SCHEDULE Job No Job Description Pay Range A B C D E F G HBMT MOU January 1, 2022 through December 31, 2024 30 0586 Senior Engineering Technician 197 39.38 41.35 43.42 45.59 47.87 50.26 52.77 0343 Senior Facilities Maint Tech 171 30.40 31.92 33.52 35.19 36.95 38.80 40.74 0334 Senior Helicopter Maint Tech 203 41.80 43.89 46.09 48.39 50.81 53.35 56.02 0609 Senior Human Resources Tech 170 30.10 31.61 33.19 34.85 36.59 38.42 40.34 0301 Senior Legal Assistant 187 35.65 37.43 39.30 41.27 43.33 45.50 47.77 0450 Senior Library Specialist 160 27.25 28.61 30.04 31.55 33.12 34.78 36.52 0363 Senior Marine Equip Mechanic 188 36.01 37.81 39.70 41.68 43.77 45.95 48.25 0446 Senior Payroll Technician 164 28.36 29.77 31.26 32.83 34.47 36.19 38.00 0437 Senior Permit Technician 171 30.40 31.92 33.52 35.19 36.95 38.80 40.74 0265 Senior Services Assistant 110 16.57 17.40 18.27 19.18 20.14 21.15 22.20 0481 Senior Services Transp Coord 157 26.45 27.77 29.16 30.62 32.15 33.76 35.44 0709 Senior Telecommunications Technician 185 34.95 36.69 38.53 40.46 42.48 44.60 46.83 0349 Senior Wastewtr Pump Mechanic 159 26.98 28.33 29.75 31.23 32.80 34.43 36.16 0396 Senior Water Meter Reader 156 26.19 27.50 28.87 30.31 31.83 33.42 35.09 0148 Signs & Markings Crewleader 188 36.01 37.81 39.70 41.68 43.77 45.95 48.25 0338 Signs Leadworker 169 29.80 31.29 32.86 34.50 36.23 38.04 39.94 0354 Signs/Markings Equip Operator 159 26.98 28.33 29.75 31.23 32.80 34.43 36.16 0629 Social Services Supervisor 173 31.01 32.56 34.19 35.90 37.70 39.58 41.56 0266 Social Worker 167 29.22 30.68 32.21 33.82 35.51 37.29 39.15 0386 Stock Clerk 138 21.89 22.99 24.14 25.34 26.61 27.94 29.34 0361 Street Equip Operator 159 26.98 28.33 29.75 31.23 32.80 34.43 36.16 0150 Street Maint Crewleader 185 34.95 36.69 38.53 40.46 42.48 44.60 46.83 0406 Street Maint Leadworker 172 30.71 32.24 33.85 35.55 37.32 39.19 41.15 0183 Survey Party Chief 198 39.77 41.76 43.85 46.04 48.34 50.76 53.30 0174 Survey Technician I 161 27.52 28.90 30.34 31.86 33.45 35.13 36.88 0185 Survey Technician II 169 29.80 31.29 32.86 34.50 36.23 38.04 39.94 0195 Telecommunications Specialist 198 39.77 41.76 43.85 46.04 48.34 50.76 53.30 0181 Traffic Engineering Technician 188 36.01 37.81 39.70 41.68 43.77 45.95 48.25 0389 Traffic Maint Service Worker 151 24.92 26.16 27.47 28.84 30.29 31.80 33.39 0410 Traffic Markings Leadworker 167 29.22 30.68 32.21 33.82 35.51 37.29 39.15 0336 Traffic Signal Electrician 177 32.27 33.89 35.58 37.36 39.23 41.19 43.25 0140 Traffic Signal/Light Crewleader 188 36.01 37.81 39.70 41.68 43.77 45.95 48.25 0365 Tree Equipment Operator 159 26.98 28.33 29.75 31.23 32.80 34.43 36.16 379 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT A – PAY SCHEDULE Job No Job Description Pay Range A B C D E F G HBMT MOU January 1, 2022 through December 31, 2024 31 0144 Trees Maintenance Crewleader 185 34.95 36.69 38.53 40.46 42.48 44.60 46.83 0460 Trees Maintenance Leadworker 167 29.22 30.68 32.21 33.82 35.51 37.29 39.15 0631 Utilities Technology Coordinator 203 41.80 43.89 46.09 48.39 50.81 53.35 56.02 0268 Volunteer Services Coordinator 157 26.45 27.77 29.16 30.62 32.15 33.76 35.44 0385 Warehousekeeper 161 27.52 28.90 30.34 31.86 33.45 35.13 36.88 0362 Wastewater Equip Operator 159 26.98 28.33 29.75 31.23 32.80 34.43 36.16 0454 Wastewater Maint Service Workr 151 24.92 26.16 27.47 28.84 30.29 31.80 33.39 0146 Wastewater Ops Crewleader 185 34.95 36.69 38.53 40.46 42.48 44.60 46.83 0404 Wastewater Ops Leadworker 167 29.22 30.68 32.21 33.82 35.51 37.29 39.15 0387 Wastewater Pump Mechanic 157 26.45 27.77 29.16 30.62 32.15 33.76 35.44 0582 Water Conservation Coordinator 183 34.26 35.97 37.77 39.66 41.64 43.72 45.91 0151 Water Dist Maint Crewleader 185 34.95 36.69 38.53 40.46 42.48 44.60 46.83 0379 Water Dist Maint Leadworker 175 31.64 33.22 34.88 36.62 38.45 40.38 42.40 0147 Water Dist Meters Crewleader 185 34.95 36.69 38.53 40.46 42.48 44.60 46.83 0377 Water Dist Meters Leadworker 167 29.22 30.68 32.21 33.82 35.51 37.29 39.15 0364 Water Equip Operator 167 29.22 30.68 32.21 33.82 35.51 37.29 39.15 0397 Water Meter Reader 148 24.18 25.39 26.66 28.00 29.40 30.86 32.41 0356 Water Meter Repair Technician 159 26.98 28.33 29.75 31.23 32.80 34.43 36.16 0152 Water Operations Crewleader 185 34.95 36.69 38.53 40.46 42.48 44.60 46.83 0371 Water Operations Leadworker 178 32.60 34.23 35.94 37.73 39.62 41.60 43.68 0156 Water Quality Coordinator 185 34.95 36.69 38.53 40.46 42.48 44.60 46.83 0191 Water Quality Technician 172 30.71 32.24 33.85 35.55 37.32 39.19 41.15 0461 Water Service Worker 154 25.67 26.95 28.30 29.72 31.20 32.76 34.40 0368 Water Systems Technician I 154 25.67 26.95 28.30 29.72 31.20 32.76 34.40 0369 Water Systems Technician II 160 27.25 28.61 30.04 31.55 33.12 34.78 36.52 0370 Water Systems Technician III 170 30.10 31.61 33.19 34.85 36.59 38.42 40.34 0449 Water Utility Locator 172 30.71 32.24 33.85 35.55 37.32 39.19 41.15 380 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT B – UNIFORM POLICY HBMT MOU January 1, 2022 through December 31, 2024 32 UNIFORM POLICY A. General The City shall furnish uniforms on an annual basis to those employees designated by the various Department Heads as required to wear a standard uniform for appearance, uniformity and public recognition purposes, in the procedures and guidelines set forth hereinafter. B. Affected Employees All employees listed in Exhibit B-1 shall wear a standard City adopted uniform. Each Department Head shall determine which employees must wear a uniform. The Uniform Listing by Category/Class shall be indicated in the document attached hereto and by this reference incorporated herein as Exhibit B-1. C. Personal Protective Equipment (PPE) All personal protective equipment as related to employee job duties and responsibilities shall be provided based upon Supervisor designated need. Examples of personal protective equipment include, but may not be limited to the following: hardhats, foul weather gear, steel-toed rubber boots, steel-toed caps, wood heat resistant soles, special hazard gloves, safety glasses, face shields, ear protectors and arm and shin guards. R-1 safety vests shall be furnished to all employees having occasion to work within travel ways. D. Safety Shoes 1. Safety toe shoes or boots as each assignment dictates. a. Two pair per year. b. Damaged shoes shall be turned into operating Supervisor who shall authorize replacement or repair. 2. The maximum amount to be reimbursed for a pair of safety shoes will not exceed two hundred and twenty-five dollars ($225.00) per pair every six months or sooner, if necessary. 3. Shoes or boots shall be purchased through designated standard outlets. E. Employee Responsibilities 1. Wear a clean and complete uniform as required. 2. Uniform appearance shall include: a. Patch to be worn above left shirt or jacket pocket. b. Pants to have no cuffs. c. Worn with pride in appearance to public (i.e., shirt buttoned, shirttail tucked in, etc.) 3. Wash and provide minimum repair (i.e., buttons, small tears, etc.) 381 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT B – UNIFORM POLICY HBMT MOU January 1, 2022 through December 31, 2024 33 4. Wear the uniform only when on duty or performing work. 5. Notify the Supervisor of the need to replace due to disrepair or severe staining producing an undesirable appearance. 6. Turn in all uniform components, including patches upon separation. 7. Turn in all personal protective equipment upon separation. 8. Wear all personal protective equipment prescribed by the City Safety Officer and Supervisor of the division. F. City Responsibilities 1. Furnish funding for the agreed uniform allowances on an annual basis, including funding for any initial alterations necessary. 2. Report to the California Public Employees Retirement System (CalPERS) the cost of uniforms provided as set forth in Uniform Listing by Category/Class, Exhibit B-1, for each class as special compensation in accordance with Title 2, California Code of Regulations, Section 571(a)(5). For employees that are not required to wear uniforms on a daily basis or who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms may apply. 3. Provide and maintain one or more retail clothing outlets for the various allotments. City reserves the right to name vendor. 4. Maintain records of purchases. G. Department Head or Designee Responsibilities 1. Ensure employee compliance with the Uniform Policy. 2. Approve replacement of deteriorated uniform component(s) and personal protective equipment as required and to maintain a listing for each eligible employee, by name and class, of all uniform component(s) and personal protective equipment purchased. 3. Confirm receipt of uniforms, patches and personal protective equipment from an employee upon separation. A Separation Checklist Form is to be completed, signed by the employee, and submitted to the Human Resources Office. 4. Report to the Administrative Services Director any changes to the Uniform Listing by Category/Class (Exhibit B-1). The City reserves the right to add, delete, change or modify the Uniform Listing as required. 382 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT B – UNIFORM POLICY HBMT MOU January 1, 2022 through December 31, 2024 34 Exhibit B-1 Category of Uniform Category of Uniform Group 1: 5 Shirts, T-Shirts and Pants, Patches, 1 Jacket (PW/C&LS Field Issue), Group 2: 1 Blue Suit, 2 Pants/ Polo Shirts, 1 Sweater, 1 Pair Shoes (Fire) Group 3: 2 Blue Shirts, 3 Pants/Skirts, 1 (choice) Jacket/Sweater/Sweatshirt (PD) Group 4: 2 Polo Shirts, 2 Pants or 2 Shorts, 1 Hat (C&LS) Group 5: 5 Polo Shirts, 1 Jacket, 1 Windbreaker (not annually), 1 Hat (Inspection), Shoes PPE/Safety for Inspectors only (not CalPERS reportable) Group 6: 2 T-Shirts (CS) Group 8: 4 Battle Dress Uniform, 4 Polo Shirts, 1 Jacket, 1 Rain suit (PD) Group 9: 4 Blue Pants, 2 Shorts, 4 Polos or Blue Shirts,1 Jacket, 1 Rain suit (PD) Group 10: 5 Shirts, 5 Pants, 1 Jacket, 1 Brush Jacket, Shoes PPE/Safety not PERS reportable Group 11: 3 Shirts, 3 Pants, Boots PPE/Safety not PERS reportable Group 12: 5 Polo Shirts, 3 Pants, 1 Sweatshirt or Windbreaker (AS) Uniform Listing by Category/Class* Department Job Type Class Category of Uniform Notes Comm & Lib Svcs 0358 Beach Equip Operator 1 Comm & Lib Svcs 0149 Beach Maint Crewleader 1 Comm & Lib Svcs 0452 Beach Maint Service Worker 1 Comm & Lib Svcs 0258 Community Services Recreation Supervisor 6 Daily wear not required. Used for special events and/or sports leagues. Frequency of use varies - seasonal from weekly to monthly Comm & Lib Svcs 0269 Community Services/Recreation Specialist 6 Daily wear not required. Special events and/or sports leagues use only. Frequency varies from weekly to monthly according to season. Comm & Lib Svcs 0448 Marine Equipment Mechanic 1 Comm & Lib Svcs 0177 Parking Meter Repair Tech 1 Comm & Lib Svcs 0395 Parking Meter Repair Worker 1 Comm & Lib Srvc 0570 Parking/Camping Assistant 4 Comm & Lib Svcs 0459 Parking/Camping Crewleader 4 Comm & Lib Svcs 0401 Parking/Camping Leadworker 4 Comm & Lib Svcs 0363 Senior Marine Equip Mechanic 1 383 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT B – UNIFORM POLICY HBMT MOU January 1, 2022 through December 31, 2024 35 Department Job Type Class Category of Uniform Notes Comm & Lib Svcs 0265 Senior Services Assistant 6 Bus Driver only Finance Public Works 0398 Field Services Representative 1 Fire 0232 Emergency Medical Svcs Coord 2 Fire 0198 Emergency Services Coordinator 2 Daily wear not required Fire 0260 Fire Safety Program Specialist 2 Fire 0173 Fire Training Maintenance Tech 11 Fire 0190 Haz Mat Program Specialist 10 Fire 0613 Fire Prevention Inspector I 10 Fire 0612 Fire Prevention Inspector II 10 Administrative Services 0492 Info Technology Technician IV 12 Daily wear not required Community Development 0210 Building Inspector I 5 Community Development 0211 Building Inspector II 5 Community Development 0208 Building Inspector III 5 Community Development 0186 Code Enforcement Officer I 5 Community Development 0182 Code Enforcement Officer II 5 Community Development 0511 Code Enforcement Tech 5 Community Development 0434 Senior Code Enforcement Officer 5 Police 0263 Community Relations Specialist 3 Daily wear not required Police 0471 Community Services Officer 9 Police 0255 Crime Scene Investigator 8 Police 0337 Helicopter Maintenance Tech 1 Police 0455 Parking/Traffic Control Coordinator 9 Police 0262 Parking/Traffic Control Officer 9 Police 0577 Parking/Traffic Control Supv 9 Police 0307 Police Records Specialist 3 In Records Division only Police 0283 Police Records Supervisor 3 Police 0282 Police Records Technician 3 Police 0308 Police Services Specialist 3 In Records Division only Police 0215 Police Systems Coordinator 3 Police 0259 Property and Evidence Officer 9 Police 0261 Property and Evidence Supervisor 9 Police 0334 Senior Helicopter Maint Tech 1 Public Works 0172 Construction Inspector I 5 Public Works 0463 Construction Inspector II 5 Public Works 0192 Cross Connection Control Spec 5 Public Works 0339 Electrician 1 Public Works 0445 Environmental Specialist 5 Public Works 0382 Equip Services Crewleader 1 Public Works 0142 Equip/Auto Maint Crewleader 1 Public Works 0472 Equip/Auto Maint Leadworker 1 384 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT B – UNIFORM POLICY HBMT MOU January 1, 2022 through December 31, 2024 36 Department Job Type Class Category of Uniform Notes Public Works 0383 Equipment Support Assistant 1 Public Works 0407 Facilities Maint Leadworker 1 Public Works 0391 Facilities Maintenance Tech 1 Public Works 0155 Irrigation Crewleader 1 Public Works 0359 Landscape Equip Operator 1 Public Works 0145 Landscape Maint Crewleader 1 Public Works 0402 Landscape Maint Leadworker 1 Public Works 0392 Maintenance Service Worker 1 Public Works 0394 Maintenance Worker 1 Public Works 0384 Mechanic I 1 Public Works 0348 Mechanic II 1 Public Works 0347 Mechanic III 1 Public Works 0378 Painter Leadworker 1 Public Works 0153 Park Maintenance Crewleader 1 Public Works 0367 Pest Control Specialist 1 Public Works 0342 Plumber 1 Public Works 0515 SCADA Coordinator 5 Public Works 0346 SCADA Technician 1 Public Works 0171 Senior Construction Inspector 5 Public Works 0343 Senior Facilities Maint Tech 1 Public Works 0350 Senior Vehicle Body Technician 1 Public Works 0349 Senior Wastewater Pump Mechanic 1 Public Works 0396 Senior Water Meter Reader 1 Public Works 0338 Signs Leadworker 1 Public Works 0148 Signs/Markings Crewleader 1 Public Works 0354 Signs/Markings Equip Operator 1 Public Works 0361 Street Equip Operator 1 Public Works 0150 Street Maint Crewleader 1 Public Works 0406 Street Maint Leadworker 1 Public Works 0183 Survey Party Chief 5 Public Works 0174 Survey Technician 5 Public Works 0185 Survey Technician II 5 Public Works 0389 Traffic Maint Service Worker 1 Public Works 0410 Traffic Markings Leadworker 1 Public Works 0336 Traffic Signals Electrician 1 Public Works 0140 Traffic Signal/Light Crewleader 1 Public Works 0365 Tree Equipment Operator 1 Public Works 0460 Trees Maint Leadworker 1 Public Works 0144 Trees Maintenance Crewleader 1 Public Works 0385 Warehousekeeper 1 Public Works 0362 Wastewater Equipment Operator 1 Public Works 0454 Wastewater Maint Service Worker 1 Public Works 0146 Wastewater Ops Crewleader 5 Public Works 0404 Wastewater Ops Leadworker 1 Public Works 0387 Wastewater Pump Mechanic 1 Public Works 0151 Water Dist Maint Crewleader 1 Public Works 0379 Water Dist Maint Leadworker 1 385 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT B – UNIFORM POLICY HBMT MOU January 1, 2022 through December 31, 2024 37 Department Job Type Class Category of Uniform Notes Public Works 0147 Water Dist Meters Crewleader 5 Public Works 0377 Water Dist Meters Leadworker 1 Public Works 0364 Water Equipment Operator 1 Public Works 0397 Water Meter Reader 1 Public Works 0356 Water Meter Repair Technician 1 Public Works 0152 Water Operations Crewleader 1 Public Works 0371 Water Operations Leadworker 1 Public Works 0461 Water Service Worker 1 Public Works 0368 Water Systems Technician I 1 Public Works 0369 Water Systems Technician II 1 Public Works 0370 Water Systems Technician III 1 Public Works 0449 Water Utility Locator 1 *Note: unless otherwise indicated, uniforms are required for daily wear. 386 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT C – VEHICLE USE POLICY HBMT MOU January 1, 2022 through December 31, 2024 38 VEHICLE USE POLICY Section 1 - Purpose The purpose of these regulations is to establish and implement City policies and procedures relative to the assignment, utilization and control of City-owned vehicles as transportation for employees who engage in official City business, to establish reimbursement procedures for privately-owned vehicles used for City business, and to clarify the City's responsibility for damage and/or liability for private vehicles used on official City business. Section 2 - Scope These regulations cover the use of City and private vehicles for conducting official City business and shall be applicable to all City departments and employees. Section 3 - Policy When necessary during the course of an employee's official duties, transportation or reimbursement therefore shall be provided by the City. In the event no City vehicle is available, the employee may use the personal vehicle with their approval of the Department Head. Employees authorized to drive either their own or a City-owned vehicle on official business must possess a valid California Driver License for the class of vehicle they will be operating. The transportation method authorized will be determined in terms of the best interests of the City. The general program set forth in this regulation will be implemented by the City Manager Office upon approval of the City Council and administered by the Department Heads in accordance with the policies herein established. It is the responsibility of each Department Head to enforce the provisions of this regulation as it relates to employees of their department. City-owned vehicles shall only be used for official City business. City-owned vehicles shall not be driven to and kept at the employee's home or any location other than the regular work location or Corporation Yard, except as provided by this regulation. Section 4 – Vehicle Use Criteria I. Assigned Vehicles: A. Assigned City vehicles may be taken home by employees whose residence is within ten (10) miles of City Hall for the uses as described below: 1. Executive use includes the City Manager, Assistant City Manager and Department Heads. 2. Emergency Response Units: a. Employees who are required to respond more than once per week on an average without delay in order to protect the public health, safety and property. b. Employees who are required to carry special emergency equipment in their vehicles, which must be utilized on a regular and frequent basis. (A radio in and of itself does not constitute special emergency equipment.) 3. Continuous use outside of regular working hours -- Employees who are called back on an unscheduled basis to perform official city business outside of regular working hours more than once per week on an average and who meet one of the following criteria: a. Mileage driven on official City business exceeds an average of five hundred (500) miles per month, or 387 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT C – VEHICLE USE POLICY HBMT MOU January 1, 2022 through December 31, 2024 39 b. Who regularly and frequently supervises subordinates or conducts inspections in the field, or c. Whose duties require the employee to be away from their base workstation greater than fifty percent (50%) of their working time, on average. B. City vehicles, which shall not be taken home, may be assigned based on meeting one of the following criteria: 1. Monthly mileage driven exceeds an average of five hundred (500) miles per month and the vehicle is used for the purpose of supervision or inspection in the field, or 2. Duties require the employee to be away from their workstation, greater than fifty percent (50%) of their working time, on an average. II. Reimbursement of Use of Personal Vehicle: A. Executive Use – The City Manager, Assistant City Manager and Department Heads may, at their option, receive the automobile allowance as established by Resolution. B. Mileage Reimbursement -- Employees, upon authorization of their Department Head, may use their own vehicles on official City business and shall be reimbursed at current Internal Revenue Service (IRS) regulations while driving on official City business. 1. Employees shall submit monthly claims for reimbursement to their Department Head 2. Employees shall not be reimbursed for commuting to and from work, except that employees who are required to attend scheduled meetings outside of normal working hours may be reimbursed for mileage required. Section 5 – Insurance Requirements All privately-owned vehicles authorized to be used on official City business shall be insured by the individual employee in the minimum amount of fifty thousand dollars ($50,000.00) public liability for any one person and one hundred thousand dollars ($100,000.00) public liability for all persons, any one accident. They must also be insured for twenty thousand dollars ($25,000.00) property damage and fifteen thousand dollars ($15,000.00) for any one uninsured motorist and thirty thousand dollars ($30,000.00) for all uninsured motorists any one accident. Employee private vehicle information shall be reviewed and updated annually by the respective departments. The record maintained should contain the following current information.  Name of Employee  Operator’s License  Insurance Company  Driver’s License Expiration Date  Insurance Policy Number  Insurance Expiration Date  Amount of Coverage It shall be the Department Head's responsibility to insure that no privately owned vehicle is operated on City business without insurance coverage and a valid operator’s license as required by this regulation. 388 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT C – VEHICLE USE POLICY HBMT MOU January 1, 2022 through December 31, 2024 40 Clarification on City Liability on Use of Private Vehicle: In the event of damage to private vehicles, while on City business where a third party is negligent, the employee should collect damages (including insurance deductibles) from the third party. Where the employee is negligent, the City cannot be held liable for damages to the automobile, but the City can be held responsible for liability to third parties. The City shall be responsible to such employee for the first one hundred dollars ($100.00) of comprehensive and/or collision damages suffered by such employee to the extent that such employee's personal automobile insurance policy does not cover such first one hundred dollars ($100.00) damage. The employee's insurance policy is considered as the primary coverage, and the City liability begins after the limitations of the employee's coverage is exhausted. In the event a City employee's personal vehicle is damaged due to accident/collision while being used for official City business and the employee is deprived the use thereof, the City shall furnish such employee with a vehicle during such time as is reasonably required to repair said employee's vehicle. 389 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT D – RETIREE MEDICAL SUBSIDY PLAN HBMT MOU January 1, 2022 through December 31, 2024 41 PROVISIONS OF THE RETIREE MEDICAL SUBSIDY PLAN Employees hired on or after October 1, 2014 shall not be eligible for this benefit. An employee who has retired from the City shall be entitled to participate in the City sponsored medical insurance plans and the City shall contribute toward monthly premiums for coverage in an amount as specified in accordance with this Plan, provided: A. On the date of retirement the employee has a minimum of ten (10) years of continuous full time City service or is granted an industrial disability retirement; and B. At the time of retirement, the employee is employed by the City; and C. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees’ Retirement System. The City’s obligation to pay the monthly premium as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: 1. On the first of the month in which a retiree or dependent reaches age sixty five (65) or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City’s obligation to pay monthly premiums may be adjusted downward or eliminated. Benefit coverage at age sixty five (65) under the City’s medical plans shall be governed by applicable plan document. 2. In the event the federal government or state government mandates an employer- funded health plan or program for retirees, or mandates that the City make contributions toward a health plan (either private or public) for retirees, the City’s contribution rate as set forth in this plan shall first be applied to the mandatory plan. If there is any excess, that excess may be applied toward the City medical plan as supplemental coverage provided the retired employee pays the balance necessary for such coverage, if any. 3. In the event of the death of any employee, whether retired or not, the amount of the retiree medical insurance subsidy benefit which the deceased employee was receiving at the time of their death, or would be eligible to receive if they were retired at the time of death, shall be paid on behalf of the spouse or family for a period not to exceed twelve (12) months. SCHEDULE OF BENEFITS D. Minimum Eligibility for Benefits - With the exception of an industrial disability retirement, eligibility for benefits begin after an employee has completed ten (10) years of continuous service with the City of Huntington Beach. Said service must be continuous for ten (10) years unless prior service is reinstated at the time of their rehire in accordance with the City’s Personnel Rules. 390 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT D – RETIREE MEDICAL SUBSIDY PLAN HBMT MOU January 1, 2022 through December 31, 2024 42 E. Disability Retirees - Industrial disability retirees with less than ten (10) continuous years of service shall receive a maximum monthly payment toward the premium for health insurance of one hundred twenty one dollars ($121.00). Payments shall be in accordance with the stipulations and conditions that exist for all retirees. Payment shall not exceed the dollar amount that is equal to the full cost of premium for employee only. F. Marital Status – Married unit retirees eligible for benefits under the Retiree Medical Subsidy Plan may each receive the benefit earned pursuant to Section G – Maximum Monthly Subsidy Payments, whether enrolled individually as the plan enrollee or whether enrolled as a dependent on any City-sponsored medical plan. a. In the case where a retired unit member is married to a City employee (active or retired) outside of this bargaining unit, this provision shall remain applicable. b. This provision shall apply to State of California registered domestic partners the same as married spouses. c. Upon City Council approval of this agreement, this provision shall become effective the first day of the month following HBMT open enrollment for Medical plans. G. Maximum Monthly Subsidy Payments - All retirees, including those retired as a result of disability whose number of continuous years of service on the date of retirement exceeds ten (10), shall be entitled to a maximum monthly payment of premiums by the City for each year of completed City service as follows: Maximum Monthly Payment For Retirements After: Years of Service Subsidy 10 $ 121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 Note: The above payment amounts may be reduced each month as dependent eligibility ceases due to death, divorce or loss of dependent child status. However, the amount shall not be reduced 391 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT D – RETIREE MEDICAL SUBSIDY PLAN HBMT MOU January 1, 2022 through December 31, 2024 43 if such reduction would cause insufficient funds needed to pay the full premium for the employee and the remaining dependents. In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. H. Medicare: 1. All persons are eligible for Medicare coverage at age sixty-five (65). Those with sufficient credit quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age sixty five (65), but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, Part B of Medicare is paid for by the participant. 2. When a retiree and their spouse are both sixty-five (65) or over, and neither is eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. 3. When a retiree at age sixty-five (65) is eligible for paid Part A of Medicare and their spouse is not eligible for paid Part A, the spouse shall not receive subsidy. When a retiree at age sixty-five (65) is not eligible for paid Part A of Medicare and their spouse who is also age sixty-five (65) is eligible for paid Part A of Medicare, the subsidy shall be for the retiree’s Part A only. I. Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: a. Coverage for a retiree under the Retiree Medical Subsidy Plan will be eliminated on the first day of the month in which the retiree reaches age sixty-five (65). If such retiree was covering dependents under the Plan, dependents will be eligible for COBRA continuation benefits effective as of the retiree’s sixty-fifth (65th) birthday. b. Dependent coverage will be eliminated upon whichever of the following occasions comes first: i. After thirty six (36) months of COBRA continuation coverage, or ii. When the covered dependent reaches age sixty-five (65) and in the event such dependent reaches age sixty-five (65) prior to the retiree reaching age sixty-five (65). c. At age sixty-five (65) retirees are eligible to make application for Medicare. Upon being considered “eligible to make application,” whether or not application has been made for Medicare, the Retiree Medical Subsidy Plan will be eliminated. 392 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT D – RETIREE MEDICAL SUBSIDY PLAN HBMT MOU January 1, 2022 through December 31, 2024 44 d. Retiree Medical Subsidy Plan and COBRA participants shall be notified of non- payment of premium by means of a certified letter from Human Resources in accordance with the provisions of this Memorandum of Understanding. e. 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. 393 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT E 9/80 WORK SCHEDULE HBMT MOU January 1, 2022 through December 31, 2024 45 9/80 WORK SCHEDULE This work schedule is known as the “9/80.” The 9/80 work schedule is designed to be in compliance with the requirements of the Fair Labor Standards Act (FLSA). In the event that there is a conflict with the current rules, practices and/or procedures regarding work schedules and leave plans, then the rules listed below shall govern. 9/80 Work Schedule Defined The 9/80 work schedule shall be defined as working nine (9) days for eighty (80) hours in a two (2) week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for eight (8) hours, with a scheduled unpaid lunch break during each work shift, totaling forty (40) hours in each FLSA workweek. The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. A. The FLSA workweek for each employee on a 9/80 schedule shall begin and end four (4) hours into that employee’s regularly scheduled shift on the day of the week that the employee alternatively works an eight (8) hour shift and takes off. For example, employees on a 9/80 schedule who are assigned to the Civic Center shall have an FLSA workweek that starts and ends four (4) hours into the employee’s regularly scheduled shift each Friday, as these employees may only have 9/80 schedules that provide for alternating Fridays off with working eight (8) hour days on Fridays. Employees may only take their lunch break on their eight (8) hour day after first having worked four (4) hours in that shift, unless the employee receives prior approval of their Supervisor, as overtime may occur in such situations. B. Two (2) Week Pay Period – The pay period for employees starts Friday mid-shift (P.M.) and continues for fourteen (14) days until Friday mid-shift (A.M.). During this period, each week is made up of four (4) nine (9) hour workdays totaling (thirty-six (36) hours) and one (1) four (4) hour Friday and those hours equal forty (40) work hours in each workweek (e.g. the Friday is split into four (4) hours for the A.M. shift, which is charged to workweek one and four (4) hours for the P.M. shift, which is charged to workweek two). C. A/B Schedules – To continue to provide service to the public every Friday, employees on a 9/80 schedule assigned to the Civic Center, are to be divided between two schedules, known as the “A” schedule and the “B” schedule, based upon the departmental needs. For identification purposes, the “A” schedule shall be known as the schedule with a day off on the Friday in the middle of the pay period, or, “off on payday”, the “B” schedule shall have the first Friday (P.M.) and the last Friday (A.M.) off, or “working on payday.” An example is listed below: AM PM AM PM AM PM F F S S M T W Th F F S S M T W Th F F A Schedule 4 4 - - 9 9 9 9 - - - - 9 9 9 9 4 4 B Schedule - - - - 9 9 9 9 4 4 - - 9 9 9 9 - - D. Schedule Changes – FLSA non-exempt employees cannot change their assigned schedules, without prior approval of their Supervisor, Department Head, and the 394 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT E 9/80 WORK SCHEDULE HBMT MOU January 1, 2022 through December 31, 2024 46 Administrative Services Director or designee. The purpose of this authorization is to review the impact on overtime. FLSA exempt employees may change their schedules at the beginning of any pay period with Supervisor and Department Head approval. E. Emergencies – All employees on the 9/80 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Manager, Department Head or designee may require such service from any of said employees. Overtime Defined FLSA Non-Exempt Employees – All non-exempt employees under the 9/80 work schedule shall earn overtime for all hours worked after the first forty (40) hours in their designated FLSA workweek as required under FLSA. Employees are required to obtain Supervisor authorization prior to working any overtime. 1. Overtime Compensation – As stated in Article IX.B. 2. Compensatory Time – As stated in Article IX.B. Leave Benefits When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9) hours of eligible leave per workday shall be charged against the employee’s leave balance or eight (8) hours shall be charged if the day off is a Friday. All leaves shall continue under the current accrual, eligibility, request and approval requirements. 1. General Leave – As stated in Article XII.A.1. 2. Sick Leave – As stated in Article XII.A.3. 3. Bereavement Leave – As stated in Article XII.A.4. 4. Holidays a. If a holiday falls on an FLSA non-exempt employee’s flex day off, the employee must then take the work shift before or after the holiday off with their Supervisor and Department Head approval. If the employee cannot take the work shift before or after the holiday off, the employee will be credited General Leave with the number of hours of the employee’s regularly scheduled work shift. b. If a holiday falls on an FLSA exempt employee’s flex day off, the employee must then take the work shift before or after the holiday off with Supervisor and Department Head approval. FLSA exempt employees shall not be granted any Administrative/General Leave or any added compensation for not taking a work shift off on a scheduled holiday. 5. Jury Duty - The provisions of the Personnel Rules shall continue to apply, however, if an FLSA exempt employee is called to serve on jury duty during a the employee’s flex day off, Saturday or Sunday or on a City holiday, then the jury duty shall be considered the same as having occurred during the employee’s day off from work; therefore, the employee will receive no added compensation. 395 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT F 4/10 WORK SCHEDULE HBMT MOU January 1, 2022 through December 31, 2024 47 4/10 WORK SCHEDULE This work schedule is known as the “4/10” work schedule. The 4/10 work schedule is designed to be in compliance with the requirements of the Fair Labor Standards Act (FLSA). In the event that there is a conflict with the current rules, practices and/or procedures regarding work schedules and leave plans, then the rules listed below shall govern. 4/10 Work Schedule Defined The 4/10 work schedule shall be defined as working four (4) days for forty (40) hours in an FLSA workweek by working four (4) days at ten (10) hours per day, plus a minimum of thirty (30) minutes unpaid lunch during each work shift. The FLSA workweek shall be defined as Saturday 12:00:00 A.M. to Friday 11:59:59 P.M. The 4/10 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. All employees on the 4/10 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Manager, Department Head or designee may require such service from any of said employees. Overtime Defined FLSA Non-Exempt Employees – All non-exempt employees under the 4/10 work schedule shall earn overtime for all hours worked after the first forty (40) hours in an FLSA workweek as required under FLSA. Employees are required to obtain Supervisor authorization prior to working any overtime. 1. Overtime Compensation – As stated in Article IX.B. 2. Compensatory Time – As stated in Article IX.B. Leave Benefits When an employee is off on a scheduled workday under the 4/10 work schedule, then ten (10) hours of eligible leave per workday shall be charged against the employee’s leave balance. All leaves shall continue under the current accrual, eligibility, request and approval requirements. 1. General Leave – As stated in Article XII.A.1. 2. Sick Leave – As stated in Article XII.A.3. 3. Bereavement Leave – As stated in Article XII.A.4. 4. Holidays a. If a holiday falls on an FLSA non-exempt employee’s regularly scheduled day off, the employee must then take the work shift before or after the holiday off, with Supervisor and Department Head approval. If the employee cannot take the work shift before or after the holiday off, the employee will be credited with General Leave the number of hours of the employee’s regularly scheduled work shift. 396 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT F 4/10 WORK SCHEDULE HBMT MOU January 1, 2022 through December 31, 2024 48 b. If a holiday falls on an FLSA exempt employee’s regularly scheduled day off, the employee must then take the work shift before or after the holiday off, with Supervisor and Department Head approval. FLSA exempt employees shall not be granted any Administrative/General Leave or any added compensation for not taking a work shift off on a scheduled holiday. 5. Jury Duty - The provisions of the Personnel Rules shall continue to apply, however, if an FLSA exempt employee is called to serve on jury duty during a normal Friday off, Saturday or Sunday or on a City holiday, then the jury duty shall be considered the same as having occurred during the employee’s day off from work; therefore, the employee will receive no added compensation. 397 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT G – AGENCY SHOP AGREEMENT HBMT MOU January 1, 2022 through December 31, 2024 49 AGENCY SHOP AGREEMENT Legislative Authority The City of Huntington Beach (City) and the Huntington Beach Municipal Teamsters (Association) mutually understand and agree that in accordance with State of California law, per adoption of SB 739 (Government Code Section 3502.5), and SB 866 (Government Code Section(s) 3550, 3551, 3552, 3553, 3555.5 and 3556) the Association will be covered by an Agency Shop. As a result of this Agency Shop Agreement between the City and the Association, this Agency Shop Agreement hereby requires that all bargaining unit employees represented by the Association: 1. Make the voluntary election to join the Association and pay Association Dues 2. Or opt-out of Association membership The following Agency Shop Agreement will be implemented in conformity with California Government Code Section 3502.5 and applicable law (SB 866) and will be incorporated into any successor Memorandum of Understanding entered into between City and Association, unless rescinded pursuant to the terms of this Agreement. Association Dues The City shall deduct Association Dues, from all employees who have signed a written authorization, and a copy of that authorization has been provided to the Administrative Services Director. The authorization shall indicate the Association Dues, to be deducted. Employees who do not sign the written authorization, shall be deemed to opt-out of Association membership. Employees on leave without pay or employees who earn a salary less than the Association deduction shall not have Association Dues deducted for that pay period. The Association shall notify the Administrative Services Director of the amount of the Association Dues to be deducted from the unit members’ paychecks. New Hire Notification All new hires in the bargaining unit shall be informed by the Administrative Services Director or designee, at the time of hire, that an Agency Shop Agreement is in effect for their classification, by providing a copy of this Agreement, the Memorandum of Understanding and a form, mutually developed between the City and the Association that outlines the employee’s choices under the Agency Shop Agreement. The employee shall be provided thirty (30) calendar days from the date of hire to elect their choice and provide a signed copy of that choice to the Administrative Services Director. Deductions under this Agency Shop Agreement for new hires will start with the first full payroll period beginning thirty (30) days after the new hire submits their selection to the Administrative Services Director. The Association may request to meet with new hires at a time and place mutually agreed upon between the City and the Association. Records The Association shall keep an adequate itemized record of its financial transactions and shall make a written financial report thereof, in the form of a balance sheet certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant, available annually, to the City within 60 days following the end of its fiscal year. All forms submitted by an employee to the City, or by the Association on behalf of an employee, shall be retained by the City in the employee’s personnel file. 398 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT G – AGENCY SHOP AGREEMENT HBMT MOU January 1, 2022 through December 31, 2024 50 The Administrative Services Director or designee shall provide the Association a list of all unit members with dues paying status with each Association Dues check remitted to the Association. This list and the Association Dues shall be submitted by the City to the Association within three weeks of each pay period. Rescission Of Agreement The Agency Shop Agreement may be rescinded at any time during the period of time that the Association remains the exclusive bargaining agent for the unit employees by a majority vote of all the employees in the bargaining unit. A request for such vote must be supported by a petition containing the signatures of at least thirty percent (30%) of the employees in the unit. The election shall be by secret ballot and conducted by California State Mediation and Conciliation and in accordance with state law. INDEMNIFICATION The Association shall indemnify, defend and hold the City harmless from and against all claims and liabilities as a result of implementing and maintaining this Agency Shop Agreement. The City and the Association recognize the right of the employees to form, join and participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to join or participate in employee organization activities. During the life of this Agreement all unit members who choose to become members of the Association shall be required to maintain their membership in the Association in good standing, subject however, to the right to resign from membership no sooner than April 15 or later than May 15, of any year this Agreement remains in effect. Any unit member may exercise the right to resign by submitting a written notice to the Association and to the City during the resignation period on the Deduction Authorization/Change in Status form. The change in deductions from the employee’s payroll will be effective with the first full pay period beginning thirty (30) days or more after the Administrative Services Director receives the employee’s written notice. The City and the Association agree that neither shall discriminate nor retaliate against any employee for the employee’s participation or non-participation in any Association activity. Payroll Deduction The City will deduct from each paycheck of unit employees, and remit to the Association, the normal and regular Association Dues, in the timelines described as voluntarily authorized in writing by the employee, subject to the following conditions: 1. Such deductions shall be made only upon submission of a Deduction Authorization/Change in Status form to the Administrative Services Director. Said form shall be duly completed and signed by the employee. If no form is completed by the employee, the employee shall be considered to have elected to opt-out. 2. The City shall not be obligated to put into effect any new, changed or discontinued deduction until the first full pay period commencing thirty (30) days or longer after such submission. Every effort will be made by the City to remit dues to the Association within three (3) weeks of receipt. The Association agrees to indemnify and hold the City harmless against any 399 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT G – AGENCY SHOP AGREEMENT HBMT MOU January 1, 2022 through December 31, 2024 51 and all suits, claims, demands and liabilities that may arise out of, or by reason of, any action that shall be taken by the City for the purpose of complying with this Section. 400 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT H – CATASTROPHIC LEAVE DONATION PROGRAM HBMT MOU January 1, 2022 through December 31, 2024 52 Guidelines 1. Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either; return to work, long-term disability, or medical retirement. Permanent employees who accrue vacation, general leave or compensatory time may donate such leave to another permanent employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The leave-sharing Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of vacation, general, or sick leave. 2. Definitions Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the employee or an employee's family member. Family Member - For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave Accrued compensatory time off, vacation or general leave hours may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours. 4. Eligibility Permanent employees who accrue vacation or general leave may donate such hours to eligible recipients. Compensatory time off accrued may also be donated. An eligible recipient is an employee who: • Accrues vacation or general leave; • Is not receiving disability benefits or Workers' Compensation payments; and • Requests donated leave. 5. Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's regular salary during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient’s hourly wage. An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. 401 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT H – CATASTROPHIC LEAVE DONATION PROGRAM HBMT MOU January 1, 2022 through December 31, 2024 53 Employees wanting to make donations will submit a Leave Donation Form to the Finance Department (payroll). All donation forms submitted to payroll will be date stamped and used in order received for each bi-weekly pay period. Multiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor. 402 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT H – CATASTROPHIC LEAVE DONATION PROGRAM HBMT MOU January 1, 2022 through December 31, 2024 54 Please return this form to the Human Resources Office for processing Voluntary Catastrophic Leave Donation Program Leave Request Form Requestor, Please Complete According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated Vacation, Administrative Leave, General Leave or 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#: Requestor Signature: Date: Department Director Signature: Date: Human Resources Division Use Only End donation date will bridge to: Long Term Disability Medical Retirement beginning Length of FMLA leave ending Return to work End donation date: Administrative Services Director Signature: Date signed: 403 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT H – CATASTROPHIC LEAVE DONATION PROGRAM HBMT MOU January 1, 2022 through December 31, 2024 55 Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Donor Name: (Please Print or Type: Last, First, MI) Work Phone: Donor Job Title: Type of Accrued Leave: Vacation Compensatory Time General Leave Administrative Leave Number of Hours I wish to Donate: Hours of Vacation Hours of Compensatory Time Hours of General Leave Hours of Administrative Leave I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. I wish to donate my accrued Vacation, Compensatory Time, Administrative Leave or General Leave hours to the Catastrophic Leave Donation Program for: Eligible recipient employee's name (Last, First, MI): Donor Signature: Date: Please submit to Payroll in the Finance Department. 404 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT I – HEALTH AND OTHER INSURANCE BENEFITS TEAMSTERS MISCELLANEOUS SECURITY TRUST FUND HBMT MOU January 1, 2022 through December 31, 2024 56 • The Teamsters Miscellaneous Security Trust Fund contracts with the City of Huntington Beach to provide medical benefit plan options. • Coverage for HBMT employees shall begin the first of the month following employment. The City of Huntington Beach shall remit one (1) payment of three (3) months of medical premiums for new enrollees. 405 1 Consideration of the Proposed Memorandum of Understanding with the Huntington Beach Municipal Teamsters CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING JANUARY 18, 2022 406 2 Overview On 12/21/2021, the City Council voted affirmatively to introduce the Huntington Beach Municipal Teamsters (HBMT) labor agreement for formal consideration 345 Members MOU expired in December 2021 2 407 3 Proposed Memorandum of Understanding Huntington Beach Municipal Teamsters (HBMT) 3-year agreement (Jan. 1, 2022 –Dec. 31, 2024) 2% wage increase Opportunity to earn additional step increase, and up to 3% merit-based lump sum bonus for top-step employees City’s medical plan contribution to increase by average of ~$67 / month in Year 1, $23 / month in Year 2 Formal incorporation of two City-paid holidays (Christmas Eve and New Year’s Eve) The average annual cost of this overall agreement is $1.15M 408 4 City Council Options Approve the Proposed Successor Memorandum of Understanding with HBMT Do not approve the adoption of the proposed agreement, 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 409