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2023-06-06 Agenda Packet
AGENDA City Council/Public Financing Authority Tuesday, June 6, 2023 2:00 PM - Study Session/Closed Session 6:00 PM - Regular Business Meeting MAYOR AND CITY COUNCIL TONY STRICKLAND, Mayor GRACEY VAN DER MARK, Mayor Pro Tem RHONDA BOLTON, Councilmember PAT BURNS, Councilmember DAN KALMICK, Councilmember CASEY McKEON, Councilmember NATALIE MOSER, Councilmember Council Chambers 2000 Main Street Huntington Beach, CA 92648 STAFF AL ZELINKA, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer IN-PERSON PUBLIC PARTICIPATION: Members of the public are welcome to attend City Council meetings in person. Alternate ways to view meetings live or on-demand include: 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, https://bit.ly/SurfCityTV, or the City's YouTube Channel at https://www.youtube.com/cityofhb, 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 public comment on agendized or non-agendized items, including Study Session, Closed Session, and Public Hearing, may do so in person in the City Council Chambers by completing a Request to Speak form delivered to the City Clerk. SUPPLEMENTAL COMMUNICATION: 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 to the Council via email at SupplementalComm@Surfcity-hb.org. Supplemental Communications are public record, and if received by 9:00 AM 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 after the 9:00 AM deadline will be incorporated into the administrative record. Members of the public are also welcome to communicate with the City Council (and staff supporting Council) at City.Council@surfcity-hb.org. 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. AGENDA June 6, 2023City Council/Public Financing Authority 2:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns CITY COUNCILMEMBER COMMENTS (3-Minute Time Limit) - The Mayor will facilitate a voluntary opportunity for members of the Huntington Beach City Council to individually make brief comments to the public. Please note that the Brown Act does not allow for lengthy comments, discussion, or action on topics that are not on the agenda. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the Study Session and /or Closed Session agendas. Individuals wishing to provide a comment on item (s) may do so in person by filling out a Request to Speak form delivered to the City Clerk. 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. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. STUDY SESSION 23-4681.Parking Study RECESS TO CLOSED SESSION CLOSED SESSION 23-4722.PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code §54957 for performance evaluation of the City Manager. 23-4943.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager, and Peter Brown, Chief Negotiator; also in attendance: Page 1 of 10 AGENDA June 6, 2023City Council/Public Financing Authority Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Eric Parra, Chief of Police; and Sunny Han, Acting Chief Financial Officer. Employee Organization: Police Management Association (PMA). 23-4734.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Tater/Staniskis v. City of Huntington Beach, et al.; USDC Case No. 8:20-cv-01772-MEMF (JDEx). 23-4745.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Tabares (Tiffany) v. City of Huntington Beach/Eric Esparza; OCSC Case No.: 30-2021-01200297. 23-4756.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Briscoe (John) v. Robin Estanislau, et al.; OCSC Case No. 30-2022-01273424. 23-4767.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Kennedy Commission, et al. v. City of Huntington Beach, et al.; OCSC Case No. 30-2015-00801675. 23-4868.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: People of the State of California/Bonta v. City of Huntington Beach/Zelinka; Case No. 30-2023-01312235. 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns PLEDGE OF ALLEGIANCE INVOCATION Page 2 of 10 AGENDA June 6, 2023City Council/Public Financing Authority 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. 23-4649.Huntington Beach Police & Fire Chaplain Roger Wing CLOSED SESSION REPORT BY CITY ATTORNEY ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) MAYOR'S ANNOUNCEMENT 23-47710.Mayor Strickland to recognize May 23rd as “Sammy Hagar Day,” acknowledging the rock star and his investment in Huntington Beach via the new Cabo Wabo Beach Club at the Waterfront Beach Resort PUBLIC COMMENTS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the open session agenda. Individuals wishing to provide a comment may do so in person by filling out a Request to Speak form delivered to the City Clerk. 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. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. While the City Council welcomes public involvement and supports and defends free speech, the City Council rejects comments from anyone that are discriminatory, defamatory or otherwise not protected free 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 APPOINTMENT ANNOUNCEMENTS Councilmembers may make brief announcements on any appointments made to a board, committee, or commission. Councilmembers may not discuss or take any action on these announcements. Announcements are limited to 1 minute. AB 1234 REPORTING Per AB 1234 (Government Code Section 53232.3(d)) Councilmembers who attend a meeting, conference, or similar event at the expense of the City must provide a brief report of the meeting, Page 3 of 10 AGENDA June 6, 2023City Council/Public Financing Authority conference, or similar event during the next regular City Council meeting. Reports are limited to 1 minute. OPENNESS IN NEGOTIATION DISCLOSURES Councilmembers must publicly disclose any meetings or communications with City employee associations, related to the negotiations of labor agreements. Disclosures are limited to 1 minute and must be made by the next regular City Council Meeting. CITY MANAGER'S REPORT 23-46611.May 2023 Vector Control Board AB 1234 Report 23-49312.Quality of Life Community Survey Results Presentation CITY ATTORNEY'S REPORT 23-48413.Update on the City of Huntington Beach v. State, Department of Finance lawsuit 23-48514.Update on the Pacific Airshow v. City of Huntington Beach lawsuit and settlement CITY CLERK'S REPORT 23-45815.May Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies None. Monthly updates are for informational purposes only. Recommended Action: CONSENT CALENDAR OFFICE OF THE CITY CLERK 23-45716.Approve and Adopt Minutes A)Approve and adopt the City Council/Public Financing Authority regular meeting minutes of May 16, 2023; and, B)Approve and adopt the City Council/Public Financing Authority special meeting minutes of May 16, 2023. Recommended Action: POLICE DEPARTMENT Page 4 of 10 AGENDA June 6, 2023City Council/Public Financing Authority 23-46217.Annual Military Equipment Use Report (AB 481) A)Find that each type of military equipment identified in that report attached hereto as Attachment 1 complies with the following standards for approval: 1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. 2. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. 3. Any future purchased equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. 4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and, B)Renew Ordinance No. 4255 authorizing the continued use of the listed military equipment by the Police Department (Annual Military Equipment Use Report (AB 481), Exhibit 3). Recommended Action: PUBLIC WORKS DEPARTMENT 23-43418.Approve and authorize execution of a Professional Services Contract in the amount of $1,350,000 over 3 years with Enterprise Automation to provide On Call Engineering Services for Water and Wastewater SCADA Systems Approve and authorize the Mayor and City Clerk to execute the “Professional Services Contract Between the City of Huntington Beach and Enterprise Automation for On-Call Engineering Services for Water and Wastewater SCADA Services. Recommended Action: 23-43719.Accept bid and authorize execution of a construction contract with Crosstown Electrical & Data, Inc. in the amount of $445,480.00 for the construction of fiber optic communications along Garfield Avenue (CC-1682), and authorize change orders (as needed) not to exceed 15 percent A) Accept the lowest responsive and responsible bid submitted by Crosstown Electrical & Data, Inc., in the amount of $445,480.00; and, B)Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C)Authorize the Director of Public Works to execute change orders not to exceed a total of 15 percent of the construction costs, or $66,822. Recommended Action: Page 5 of 10 AGENDA June 6, 2023City Council/Public Financing Authority 23-44720.Accept bid and authorize execution of a construction contract with International Line Builders, Inc. in the amount of $250,656.00 for the construction of Fiber Optic Communications to the Oak View Community Center and water well, CC-1636 and authorize change orders not to exceed 15 percent A)Accept the lowest responsive and responsible bid submitted by International Line Builders, Inc. in the amount of $250,656.00; and, B)Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and C)Authorize the Director of Public Works to execute change orders not to exceed a total of 15 percent of the construction contract, or $37,598. Recommended Action: 23-46021.Accept bid and authorize execution of a construction contract with Crosstown Electrical & Data, Inc., in the amount of $625,650 for the construction of fiber optic communications along Gothard Street (CC-1692), issuance of change orders not to exceed 15 percent (as needed), and the appropriation of $149,805 from the undesignated Traffic Impact Fee fund balance A)Accept the lowest responsive and responsible bid submitted by Crosstown Electrical & Data, Inc., in the amount of $625,650.00; and, B)Appropriate $149,805 of undesignated Traffic Impact Fee balance to Traffic Impact Fee account 20685201.82700; and, C)Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, D)Authorize the Director of Public Works to execute change orders (as needed) not to exceed a total of 15 percent of the construction contract, or $93,848 . Recommended Action: 23-46122.Approve the Infrastructure Fund Annual Report for FY 2021/22 Approve the Infrastructure Fund Annual Report for FY 2021/22. Recommended Action: 23-46323.Accept bid and authorize execution of a construction contract with Elecnor Belco Electric, Inc. in the amount of $145,763 for the construction of Fiber Optic Communications to the Central Library, Page 6 of 10 AGENDA June 6, 2023City Council/Public Financing Authority CC-1722, and authorize change orders not to exceed 15 percent A)Accept the lowest responsive and responsible bid submitted by Elecnor Belco Electric, Inc. in the amount of $145,763; and, B)Appropriate $90,815 of undesignated Public Education and Government Access (PEG) funds to PEG fund business unit 24385101.82800; and, C)Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, D)Authorize the Director of Public Works to execute change orders not to exceed a total of 15 percent of the construction contract, or $21,864. Recommended Action: PUBLIC HEARING 23-48124.Consider Adopting Resolution No. 2023-24 to Adopt a Budget for the City for Fiscal Year 2023/2024 and Authorize the Corresponding Appropriation and Transfer of $4.9 Million of AES Reserves and $3.9 Million of Equipment Replacement Reserves and Return to a 12-year Paving Cycle; Resolution No. 2023-25 Establishing the Gann Appropriation Limit for Fiscal Year 2023/2024; Resolution No. 2023-23 Levying a Retirement Property Tax for Fiscal Year 2023/2024 to Pay for Pre-1978 Employee Retirement Benefits; Resolution No. 2023-27 Amending the City’s Classification Plan by Adding the Classifications of Graphic Designer, Multimedia Officer, and Municipal Records Manager; Resolution No. 2023-28 to Adopt a Revised General Fund Reserve Policy; Resolution No. 2023-26 Acknowledging Receipt of a Report Made by the Fire Chief of the Huntington Beach Fire Department Regarding the Inspection of Certain Occupancies Required to Perform Annual Inspections in such Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code; Approve and Authorize the execution of Amendment No. 2 to the Agreement between the City of Huntington Beach and Mind OC for Pilot Mobile Crisis Response Program; and Approve and Authorize the Execution of Professional Services Contract between the City of Huntington Beach and National Council for Community Development (NDC) for Technical Assistance Services A)Adopt Resolution No. 2023-24, “A Resolution of the City Council of the City of Recommended Action: Page 7 of 10 AGENDA June 6, 2023City Council/Public Financing Authority Huntington Beach Adopting a Budget for the City for Fiscal Year 2023/2024” (Attachment 2); and, B)Authorize the Professional Services included in the FY 2023/24 budget to be representative of the services projected to be utilized by departments in FY 2023/24 (Attachment 3); and, C)Authorize the appropriation and transfer of the full balance ($4.9 million) of the AES Reserve from the General Fund to the AES Mitigation Fund 1284; and, D)Authorize the appropriation and transfer of $3,903,803 from the General Fund Equipment Replacement Reserve to the Equipment Replacement Fund 324; and, E)Approve the return to a 12 year paving cycle; and, F)Adopt Resolution No. 2023-25, “A Resolution of the City Council of the City of Huntington Beach Establishing the Gann Appropriation Limit for Fiscal Year 2023/2024” of $1,171,687,773” (Attachment 4); and, G)Adopt Resolution No. 2023-23, “A Resolution of the City Council of the City of Huntington Beach Levying a Retirement Property Tax for Fiscal Year 2023/2024 to Pay for Pre-1978 Employee Retirement Benefits” (Attachment 5); and, H)Adopt Resolution No. 2023-27, “A Resolution of the City Council of the City of Huntington Beach Amending the City’s Classification Plan by Adding the Classifications of Graphic Designer, Multimedia Officer, and Municipal Records Manager” (Attachment 6); and, I)Adopt Resolution No. 2023-28, “A Resolution of the City Council of the City of Huntington Beach Adopting a Revised General Fund Reserve Policy” (Attachment 7) and authorize the City Manager or designee to execute all administrative and budgetary actions necessary to consolidate certain General Fund Assigned Fund Balances to the Economic Uncertainties Reserve in order to meet the City’s two-month Emergency Reserve requirement; and, J)Adopt Resolution No. 2023-26, “A Resolution of the City Council of the City of Huntington Beach, California Acknowledging Receipt of a Report Made by the Fire Chief of the Huntington Beach Fire Department Regarding the Inspection of Certain Occupancies Required to Perform Annual Inspections in such Occupancies Pursuant to Page 8 of 10 AGENDA June 6, 2023City Council/Public Financing Authority Sections 13146.2 and 13146.3 of the California Health and Safety Code” (Attachment 8); and, K)Approve and authorize the Mayor and City Clerk to execute “Amendment No. 2 to Agreement between the City of Huntington Beach and Mind OC for Pilot Mobile Crisis Response Program” (Attachment 9); and, L)Approve and authorize the Mayor and City Clerk to execute “Professional Services Contract between the City of Huntington Beach and National Council for Community Development (NDC) for Technical Assistance Services” (Attachment 10). ADMINISTRATIVE ITEMS 23-48825.Introduction of the Proposed Memorandum of Understanding Between the Huntington Beach Police Officers’ Association and the City of Huntington Beach for July 1, 2023 through June 30, 2025 Approve introduction of the proposed Memorandum of Understanding Between the Huntington Beach Police Officers’ Association and the City of Huntington Beach for the period July 1, 2023 through June 30, 2025. Recommended Action: COUNCILMEMBER ITEMS 23-48026.Submitted by Council Member Burns - Request to Form a Charter Review Ad Hoc Council Committee to Recommend Proposed Charter Amendments A)Designate Mayor Tony Strickland to lead an ad hoc committee of himself and two other City Council Members of his choice to work with the City Attorney’s Office, if necessary, and to return to City Council at a regular City Council meeting in July of this year with recommendations for proposed Charter Amendments; and, B)It is also requested that the City Clerk, who is our local elections official, provide a timeline of events or deadlines the City is required to meet in order to get any proposed City Charter Amendments on the ballot for the March 5, 2024 election. Recommended Action: 23-49727.Submitted by Council Member McKeon - Decertification of Beach Edinger Corridor Specific Plan Environmental Impact Report Direct the City Attorney and City Manager to return to the City Council with a plan for decertification of the BECSP EIR and vacate all associated findings . Recommended Action: Page 9 of 10 AGENDA June 6, 2023City Council/Public Financing Authority ADJOURNMENT A special meeting of the Huntington Beach City Council will be held at 9:00 AM in Rooms C&D of the Huntington Central Library, 7111 Goldenwest Street, Huntington Beach, California on Thursday, June 8, 2023. The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, June 20, 2023, in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov Page 10 of 10 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-468 MEETING DATE:6/6/2023 Parking Study City of Huntington Beach Printed on 5/31/2023Page 1 of 1 powered by Legistar™ City of Huntington Beach Parking Requirements Review and Update Downtown, Industrial Districts, and Citywide June 6, 2023 Presentation Agenda 01 Study Purpose & Focus Areas 02 Citywide Findings 03 Industrial Area Findings 04 Downtown Area Findings 01 Study Purpose and Focus Areas STUDY PURPOSE WALKER CONSULTANTS 4 •Address areas where parking related opportunities and concerns have been raised •Industrial Areas •Downtown •General assessment of the appropriateness of Citywide parking requirements •Are parking requirements reasonable for parking needs? •Is parking a hindrance to the type of flexibility needed for business to grow and expand in the City and if so, how can that be addressed? WALKER CONSULTANTS 5 DATA COLLECTION •Citywide •Focused counts at samples of businesses deemed of interest (restaurant, medi-spa, small retail centers) •Review of Citywide minimum off-street parking requirements compared to parking industry standards •Industrial •Focused counts at select mixed-use (commercial/industrial) zoned locations •Opportunities to share parking for efficiency •Visual observation of industrial-zoned areas •Downtown •Summertime parking occupancy data collection on a weekday and a Saturday (July 2022) 02 Citywide WALKER CONSULTANTS 7 DETERMINING APPROPRIATE PARKING REQUIREMENTS •Transportation Needs •Economic Development Impacts •Accuracy vs. Simplification •Ease of Understanding and Administration •Parking as Public Space •Dedicated Parking vs. Shared Parking WALKER CONSULTANTS 8 CITYWIDE -OBSERVATIONS •Walker made observations and collected parking occupancy data at select: •Restaurants •Medi-spas •Retail shopping centers •Office buildings •Restaurants had a wide range of needs, depending on the specific restaurant and operating modus operandi. •Medi-spas generated parking needs similar to medical offices. •Retail centers and mixed-use/office developments had ample well-functioning parking supply. WALKER CONSULTANTS 9 CITYWIDE –MINIMUM PARKING REQUIREMENT RECOMMENDATIONS Land Use Code Requirement ULI Base Ratio Walker Recommendation Health Club 1 per 200 sq. ft. 1 space per 150 sq. ft.1 space per 150 sq. ft. Class-Based Fitness Studios Not in Code N/A 1 space per 100 sq. ft. Retail sales not listed under another use classification 1 space per 200 sq, ft.1 space per 250 sq. ft. 1 space per 250 sq. ft. Medical/Dental Offices 1 spaces per 175 square feet 1 space per 220 sq. ft. 1 space per 220 sq. ft. Office 1 space per 250 square feet Varies between 1 space per 263 and 357 sq. ft. 1 space per 250 sq. ft. for offices under 100,000 sq. ft. 1 space per 300 sq. ft. for office over 100,000 sq. ft. Retail Shopping Center (Large)Not in Code 1 space per 250 sq. ft. 1 space per 200 sq. ft., retail shopping center can include restaurants, Medi-spas, gyms, fitness studios, and personal services to occupy up to 40% of gross leasable area after which a parking study would be required to determine continued adequacy of the parking supply Retail Shopping Center (Small) Not in Code 1 space per 250 sq. ft. 1 space per 200 sq. ft., retail shopping center can include restaurants, Medi-spas, gyms, fitness studios, and personal services to occupy up to 40% of gross leasable area after which a parking study would be required to determine continued adequacy of the parking supply Medi-Spas Not in Code 1 space per 220 sq. ft. 1 space per 250 sq. ft. Restaurants 1 space per 200 sq. ft. if less than 12 seats 1 space per 60 sq. ft. if more than 12 seats, but 1 space per 100 sq ft. if on a site with 3 or more uses 1 space per 70 sq. ft.7 spaces per 1,000 sq. ft. Hospitals 1 space per 250 square feet 1.5 spaces per bed As determined by Parking Study 03 Industrial WALKER CONSULTANTS 11 INDUSTRIAL DISTRICT PARKING REQUIREMENT ISSUES •Parking issue is the requirement not the adequacy •City staff identified lack of clarity with the application of current requirements in the City’s Industrial Districts. •New businesses not contemplated in the code including breweries and distilleries, which also offer tasting rooms. •Non-industrial uses which seek out large buildings and ample parking such as churches and activity centers for children. •Current restrictions on businesses in front or back of (mixed-use) Industrial centers. •Navigating lack of clarity takes staff time and creates unknowns and delays for businesses wanting to open, particularly land uses not included in the code •Except for a few concentrated areas of full parking lots and block faces, there is an abundance of available parking. •Mixed -industrial center parking less than 50% full, parking demand under 2.0 spaces per thousand square feet observed. WALKER CONSULTANTS 12 INDUSTRIAL -RECOMMENDATIONS •Add a catch-all blended requirement that allows for non-industrial potential uses interspersed with traditional light industrial for land uses not already in the code •Allow submission of parking study in lieu of adhering to parking requirements. •Eliminate additional parking requirements for change of use in existing industrial areas. 04 Downtown WALKER CONSULTANTS 14 DOWNTOWN EXISTING PARKING SUPPLY (SPACES) Off-Street parking inventory excludes resident parking except visible Huntington Pacific surface lots adjacent to PCH WALKER CONSULTANTS 15 WEEKDAY PARKING OCCUPANCY •Peak demand: 1:00 PM •Beach Lots Full •‘Free’ and core on-street full •On-Street –81% •Public O/S –51% •Public/Private O/S –58% •Private O/S –38% •Beach Lots –88% •Overall–64% WALKER CONSULTANTS 16 WEEKEND PARKING OCCUPANCY •Peak demand: 4:00 PM •Most parking full •On-Street –100% •Public O/S –92% •Public/Private O/S –92% •Private O/S –53% •Beach Lots –96% •Overall –92% WALKER CONSULTANTS 17 DEMAND OVER TIME -WEEKDAY 0% 10% 20% 30% 40% 50% 60% 70% 0 500 1000 1500 2000 2500 3000 10:00 AM 1:00 PM 4:00 PM 7:00 PM Parking Demand Occupancy (%) WALKER CONSULTANTS 18 DEMAND OVER TIME -WEEKEND 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 0 500 1000 1500 2000 2500 3000 3500 4000 4500 10:00 AM 1:00 PM 4:00 PM 7:00 PM Parking Demand Occupancy (%) WALKER CONSULTANTS 19 •Consider further fine-tuning the demand-based parking prices currently employed in the downtown by: •Increasing hourly parking prices further at parking meters on summer weekends, and weekends in general. Curb space is finite. Demand is high. •Increasing parking prices at Main Promenade Parking Structure on summer weekends. •Lowering parking prices in Main Promenade Parking Structure on weekdays in the offseason. •A nexus between demand and price is warranted and increases capacity. Do recent rate increases accomplish this? •Utilize revenues generated from rate increases to fund parking management. programs to increase the efficiency of the parking system on summer weekends. •Downtown Valet Program. Work with applicable stakeholders/jurisdictions to right - size the valet parking area in the beach lot that does not appear to be fully utilized for restaurant valet. Walker recognizes this may be out of the City’s jurisdiction entirely. •Reconfigure In-Lieu Fee Program to increase Downtown access DOWNTOWN -RECOMMENDATIONS WALKER CONSULTANTS 20 NEXT STEPS •Finalize recommendations with Parking Consultant •Outreach to interested stakeholders •Prepare and present Zone Text and Local Coastal Program Amendment to PC for recommendation •Return to City Council with action documents for Council review and approval City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-472 MEETING DATE:6/6/2023 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code §54957 for performance evaluation of the City Manager. City of Huntington Beach Printed on 5/31/2023Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-494 MEETING DATE:6/6/2023 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager, and Peter Brown, Chief Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Eric Parra, Chief of Police; and Sunny Han, Acting Chief Financial Officer. Employee Organization: Police Management Association (PMA). City of Huntington Beach Printed on 6/1/2023Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-473 MEETING DATE:6/6/2023 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Tater/Staniskis v. City of Huntington Beach, et al.; USDC Case No. 8:20-cv-01772-MEMF (JDEx). City of Huntington Beach Printed on 6/1/2023Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-474 MEETING DATE:6/6/2023 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Tabares (Tiffany) v. City of Huntington Beach/Eric Esparza; OCSC Case No.: 30-2021-01200297. City of Huntington Beach Printed on 6/1/2023Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-475 MEETING DATE:6/6/2023 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Briscoe (John) v. Robin Estanislau, et al.; OCSC Case No. 30-2022-01273424. City of Huntington Beach Printed on 6/1/2023Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-476 MEETING DATE:6/6/2023 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Kennedy Commission, et al. v. City of Huntington Beach, et al.; OCSC Case No. 30-2015-00801675. City of Huntington Beach Printed on 6/1/2023Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-486 MEETING DATE:6/6/2023 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: People of the State of California/Bonta v. City of Huntington Beach/Zelinka; Case No. 30-2023-01312235. City of Huntington Beach Printed on 6/1/2023Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-464 MEETING DATE:6/6/2023 Huntington Beach Police & Fire Chaplain Roger Wing City of Huntington Beach Printed on 6/1/2023Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-477 MEETING DATE:6/6/2023 Mayor Strickland to recognize May 23rd as “Sammy Hagar Day,” acknowledging the rock star and his investment in Huntington Beach via the new Cabo Wabo Beach Club at the Waterfront Beach Resort City of Huntington Beach Printed on 6/1/2023Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-466 MEETING DATE:6/6/2023 May 2023 Vector Control Board AB 1234 Report City of Huntington Beach Printed on 6/1/2023Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-493 MEETING DATE:6/6/2023 Quality of Life Community Survey Results Presentation City of Huntington Beach Printed on 6/1/2023Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-484 MEETING DATE:6/6/2023 Update on the City of Huntington Beach v. State, Department of Finance lawsuit City of Huntington Beach Printed on 6/1/2023Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-485 MEETING DATE:6/6/2023 Update on the Pacific Airshow v. City of Huntington Beach lawsuit and settlement City of Huntington Beach Printed on 6/1/2023Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-458 MEETING DATE:6/6/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk VIA:Robin Estanislau, CMC, City Clerk Subject: May Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies Statement of Issue: A monthly reporting structure has been implemented to keep the City Council, City staff and members of the public informed of activities conducted by citizen boards, commissions, committees, and Council committees, including community groups/independent City-affiliated boards and other community, regional or state level committees. Financial Impact: None. Recommended Action: None. Monthly updates are for informational purposes only. Alternative Action(s): Not applicable. Analysis: The City operates nearly 40 Citizen and Council-led Boards, Commissions and Committees (BCCs) with City Council representatives participating in several Regional Agency meetings to discuss important City topics ranging from infrastructure to development. To ensure that our community is able to stay informed of each BCC’s major discussions and votes, in addition to promoting the highest level of transparency, staff has prepared a high-level report of their activities for May 2023 and will continue to do so every month thereafter. Furthermore, this high-level report was developed in response to direction received at the December 20, 2022 City Council Meeting to find a manageable way to publicly present a brief written report on all BCC and Regional Agency meeting activities. To obtain greater details, individuals are directed to the meeting minutes, which are linked in the Activity Report. City of Huntington Beach Printed on 6/1/2023Page 1 of 2 powered by Legistar™ File #:23-458 MEETING DATE:6/6/2023 The City Clerk gathers these updates from an internal spreadsheet that is completed by BCC staff liaisons and compiles them into the attached Activity Report that will be routinely agendized for the first regular Council meeting of each month under “City Clerk’s Report” as an informational item only. Council action is not required. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1.May 2023 BCC / Regional Agency Activity Report City of Huntington Beach Printed on 6/1/2023Page 2 of 2 powered by Legistar™ 1 MAY 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) May 1-5, 2023 Updates / Actions Fourth of July Executive Board 1st Wed. Monthly, 6:00 PM City Hall Lower Level B-8 Department: Community & Library Services Meeting Date: 5/3/2023 Link to Meeting Details Summary of Action or Discussion: The Fourth of July contractor, Soundskilz, reported the creation of a new sponsorship offering for local businesses - a cornhole tournament that will be held on the sand by Pier Plaza and the parade entries are coming in steady. The Chair of the Fourth of July Board, Andi Kowal, reported that she is working with Council Member McKeon to find a Celebrity Grand Marshall; she announced Aaron Pai and the Pai family/HSS crew will serve as the Community Grand Marshall, Cris Cyborg will be the Sports Grand Marshall, and Principal Christa Glembocki from Dwyer Middle School will receive special recognition in the parade. Volunteers are still needed for this year's event. Huntington Beach Council On Aging 1st Thurs., Monthly, 9:00 AM Senior Center (EMG, Room 1) Department: Community & Library Services Meeting Date: 5/4/2023 Link to Meeting Details Summary of Action or Discussion: The board had a presentation by the SOS Mobile Home Park group to better understand the situation affecting parks in HB and discuss possible assistance or resources they may be able to aid with. Registration for the June 23 HBCOA golf tournament fundraiser at Meadowlark Golf course is now open. HBCOA’s Grandparents Day event is set for August 5. Tickets go on sale late June. Celine Keeble from Hoag hospital was approved to the Board of Directors. There are 2 open positions on the HBCOA Exec. Board for Assistant Treasurer and Assistant Recording Secretary. Any interested parties can contact the HBOCOA board or the Senior Center Volunteer Services Coordinator. May 8-12, 2023 Updates / Actions Youth Board 2nd Mon., Monthly, 3:30 PM (No meetings June- August) City Hall, 5th Floor Conference Room Department: Community & Library Services Meeting Date: 5/8/2023 Summary of Action or Discussion: Meeting Canceled 2 MAY 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) Planning Commission 2nd and 4th Tuesday, Monthly, 6:00 PM City Hall Lower Level Council Chambers Department: Community Development Meeting Date: 5/9/2023 Summary of Action or Discussion: Meeting Canceled Human Relations Committee 2nd Tues. Monthly, 6:45 PM City Hall Lower Level, B-7 Department: City Manager's Office Meeting Date: 5/9/2023 Link to Meeting Docs Summary of Action or Discussion: HBPD liaison reported 2 hate crime/hate incidents that occurred last month. Two members were assigned to work with the HBPD and City staff to put together the Resource Toolkit for hate crime victims. Vanessa Chow was elected as the Vice Chair for the remaining 2023 term. The Chair highlighted the contribution of Asian American Pacific Islanders (AAPI) community in honor of the AAPI heritage month in May and reported that the LGBTQ+ Center of OC is invited to speak in June. The HRC approved a $2K budget to support the HRC's participation in the July 4 Parade event for more community engagement. The Chair also debriefed the members on the April 14 meeting with Council Liaisons, to better align the HRC with the Council's goals. Community & Library Services Commission 2nd Wed., Monthly, 6:00 PM Council Chambers Department: Community & Library Services Meeting Date: 5/10/2023 Summary of Action or Discussion: Meeting canceled due to no action required by the Commission. Design Review Board 2nd Thurs., Monthly, 3:30 PM City Hall Lower Level B-8 Department: Community Development Meeting Date: 5/11/2023 Summary of Action or Discussion: Meeting Canceled 3 MAY 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) Huntington Beach Downtown Business Improvement District 2nd Thursday, 1:00 PM, VHB Conference Room Department: Community Development Meeting Date: 5/11/2023 Link to Meeting Details Summary of Action or Discussion: BID staff provided an overview on upcoming downtown BID events. A budget of approximately $23k was approved for Chili at the Beach (June 17) and $3.5k for the HB 4th Block Party (June 30). City staff provided an update on the City's 4th of July Celebration and Be Well presented their mobile crisis response efforts. Updates for the PW Open House and Surf City Nights were also provided. May 15-19, 2023 Updates / Actions Historic Resources Board 3rd Wed. Monthly, 5:00 PM City Hall Lower Level, B-7 Department: Community & Library Services Meeting Date: 5/17/2023 Link to Meeting Details Summary of Action or Discussion: The Board took two (2) actions: 1) approved 6-0 the plaque & signage sub- committees recommended changes to wording for a plaque recognizing the work by volunteers at Norma Gibbs Park; 2) the Board voted 6-0 to reject the wording for two (2) plaques for 17th Street Park. They provided recommendations for future submissions, including limiting the information to one (1) plaque. Citizen Infrastructure Advisory Board / Public Works Commission 3rd Wed., Monthly, 5:00 PM Utilities Yard Department: Public Works Meeting Date: 5/17/2023 Link to Meeting Details Summary of Action or Discussion: Commission voted to approve that FY 2022/23 Sewer Lining Project (CC-1728), Well 9 Roof Replacement (CC-1687), Construction of the PD Communications Center Renovation Project (CC- 1677), Fiscal Year 2022-23 Half Round Grate Project (CC- 1733) were all in accordance with the previously approved Capital Improvement Program. Commission voted to recommend to City Council approval of the Infrastructure Fund Annual Report for Fiscal Year 2021/22. Homeless Task Force 3rd Wednesday, 3:00 PM City Hall Lower Level, B-7 Department: Police Meeting Date: 5/17/2023 Summary of Action or Discussion: PD staff was on hand to provide updates. No other staff was available, so updates will be provided at the next meeting. 4 MAY 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) May 22-26, 2023 Updates / Actions Southeast Area Committee 4th Wed., 4:30 PM, (Jan. March, May, July, September, Nov.), City Hall Lower Level, B8 Department: City Manager's Office Meeting Date: 5/24/2023 Link to Meeting Details Summary of Action or Discussion: Representatives from AES, ASCON, and OC San presented updates to the community. In relation to the pilot testing and restart remediation, DTSC is holding community update meetings on May 31, 2023. Additionally, staff presented department updates. Planning Commission 2nd and 4th Tuesday, Monthly, 6:00 PM City Hall Lower Level Council Chambers Department: Community Development Meeting Date: 5/23/2023 Summary of Action or Discussion: Meeting Canceled Finance Commission Every 4th Wednesday, Monthly 5:00 PM Council Chambers Department: Finance Meeting Date: 5/24/2023 Link to Meeting Details Summary of Action or Discussion: At the Wednesday, May 24, 2023 Finance Commission meeting, the Commission discussed Homeless Services, CalPERS Unfunded Liability, and the Finance Commission Subcommittee provided a presentation on their findings and tabled the item for further discussion at the next Finance Commission Meeting. Communications Committee 4th Tues., Monthly, 3:30 PM City Hall, 4th Floor Department: City Manager's Office Meeting Date: 5/23/2023 Link to Meeting Details Summary of Action or Discussion: Discussed Surf City Break and Social Media data, Community Engagement, and HBTV Programming. 5 MAY 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) Jet Noise Commission 4th Mon. Monthly, 5:30 PM City Hall Lower Level, B-7 Department: City Manager's Office Meeting Date: 5/23/2023 Link to Meeting Details Summary of Action or Discussion: Discussed Air Traffic Report, the comments to the FAA Request for Comments on the Noise Policy Review, the JNC Strategy and Goals for the upcoming year. The JNC made the following decisions: 1. Appointed a sub-committee to prepare draft comments to the FAA Noise Policy Review at the next JNC meeting. 2. Set a special meeting of the JNC on June 13 at 5:00 pm to discuss the proposed FAA Noise Policy comment. 3. Approved the upcoming year strategy/goals including: Continue to track commercial traffic and provide quarterly reports to the JNC. Request regular meetings with LGB on a quarterly basisContinue to develop and maintain relationships with the airlines that service Long Beach Airport. Continue to monitor actions of the FAA to ensure the JNC is aware and can review and respond to any upcoming actions that impact the City of Huntington Beach residents. Consider reaching out to other Cities to determine if they have a shared concern with commercial airlines impacts. Harbor Commission 4th Thurs. Monthly, 5:00 PM City Hall Lower-Level B-8 Department: Fire Meeting Date: 5/25/2023 Link to Meeting Details Summary of Action or Discussion: The Commission received reports from the Public Safety Ad Hoc Committee, Waterborne Trash Capture Projects Ad Hoc Committee, a Strategic Plan update, a report on the recent fuel spill in Huntington Harbour and an update on the algae bloom in the Harbour. At the June meeting the Commission will discuss formation of an ad hoc committee to consider policy recommendations on personal watercraft in the small boat channel adjacent to Naval Weapons Station Seal Beach. 6 MAY 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) Other Updates Actions BCC Review Committee (Ad-Hoc) As needed, City Hall Department: City Manager's Office Meeting Date: 5/16/2023 Link to Council Action to Form Committee Summary of Action or Discussion: On May 16, 2023, the City Council voted to form a BCC Review Ad Hoc Committee to review the purpose and structure of the City's Boards, Commissions and Committees ("BCC"). The Mayor has appointed himself, Mayor Pro Tem Van Der Mark, and Council Member Burns to sit on this Committee and will be staffed by City Manager Zelinka and Assistant City Manager Hopkins. The Ad Hoc Committee will be dissolved, following the completion of their review and final recommendations to the City Council in 2023. City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-457 MEETING DATE:6/6/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes of May 16, 2023, and special meeting minutes of May 16, 2023, require review and approval. Financial Impact: None. Recommended Action: A)Approve and adopt the City Council/Public Financing Authority regular meeting minutes of May 16, 2023; and, B)Approve and adopt the City Council/Public Financing Authority special meeting minutes of May 16, 2023. Alternative Action(s): Do not approve and/or request revision(s). Analysis: None Environmental Status: Non-Applicable Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1.May 16, 2023 CC/PFA regular meeting minutes 2.May 16, 2023 CC/PFA special meeting minutes City of Huntington Beach Printed on 6/1/2023Page 1 of 2 powered by Legistar™ File #:23-457 MEETING DATE:6/6/2023 City of Huntington Beach Printed on 6/1/2023Page 2 of 2 powered by Legistar™ Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, May 16, 2023 3:00 PM – Council Chambers 6:00 PM – Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the Study Session and 6:00 PM portions of this meeting are on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 3:00 PM — COUNCIL CHAMBERS CALLED TO ORDER — 3:00 PM ROLL CALL Present: Kalmick, Moser, Van Der Mark, McKeon, Bolton, and Burns Absent: Strickland CITY COUNCILMEMBER COMMENTS (3-Minute Time Limit) Councilmember Moser reported attending the City-sponsored Customer Service — Business Community Reception and Seminar, Greater Huntington Beach Interfaith Council Community Prayer Breakfast, HB Council on Aging meeting, and Cinco de Mayo lunch at the Civic Center; was emcee for the Central Park Public Art See Ourselves in Nature Ribbon Cutting, toured permanent supportive housing, attended an Oak View Community Meeting regarding street scape design and progress, a Housing Town Hall, and the Sunset Beach Art Walk. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO STUDY AND/OR CLOSED SESSION ITEMS (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO STUDY AND/OR CLOSED SESSION ITEMS (3-Minute Time Limit) - None Mayor Pro Tem Van Der Mark publicly announced Closed Session items related to labor negotiations. A motion was made by McKeon, second Burns, to recess to Closed Session for Items 1 –7. RECESSED TO CLOSED SESSION — 3:04 PM CLOSED SESSION 1. 23-423 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager, and Peter Brown, Chief Council/PFA Regular Meeting Minutes May 16, 2023 Page 2 of 15 Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Theresa St. Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Eric Parra, Chief of Police; and Sunny Han, Interim Chief Financial Officer. Employee Organization: Police Officers’ Association (POA), represented by Melanie Cheney. 2. 23-430 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager, and Peter Brown, Chief Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Eric Parra, Chief of Police; and Sunny Han, Interim Chief Financial Officer. Employee Organization: Police Management Association (PMA) represented by Melanie Cheney. 3. 23-420 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code §54957 for performance evaluation of the City Manager 4. 23-427 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): Number of matters: One (1). 5. 23-421 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Nemelka (Anthony L.) v. City of Huntington Beach; OCSC Case No.: 30-2023-01313377. 6. 23-422 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Stanley (Jean) v. City of Huntington Beach; OCSC Case No.: 30-2021-01215676. 7. 23-428 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Tater/Staniskis v. City of Huntington Beach, et al.; USDC Case No. 8:20-cv-01772-MEMF (JDEx). RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 4:17 PM STUDY SESSION 8. 23-419 Proposed FY 2023/24 Budget Review Sunny Han, Acting Chief Financial Officer, and Tom Herbel, City Engineer, presented a PowerPoint communication titled City of Huntington Beach Proposed FY 2023/24 Budget Review with slides entitled: Presentation Overview; Economic Overview & Local Budgetary Impacts; FY 2023/24 General Fund Proposed Budget Review; FY 2023/24 General Fund Proposed Revenues - $280.4M (2); FY 2023/24 General Fund Proposed Expenditures - $285.6M (2); Recommended FY 2023/24 Authorized Positions (2); FY 2023/24 Full Time Equivalent - General Fund; General Fund Long-Term Financial Plan; Pension Update; CalPERS UAL Payment Projection; Fund Balance Policy; FY 2023/2024 Capital Improvement Program (CIP); FY 2022/23 Accomplishments; Drainage $1.8M; Facilities $4M; Neighborhood $7.4M (2); Parks and Beaches $2.8M; Sewer Improvements $8.3M; Streets & Transportation $11.8M; Water Improvements $5M; Key Budget Considerations for FY 2023/24; City Council Direction and Feedback Requested; FY 2023/24 Budget - Next Steps, and Questions. Council/PFA Regular Meeting Minutes May 16, 2023 Page 3 of 15 City Engineer Herbel and Councilmember McKeon discussed the four (4) water improvement projects; Councilmember Kalmick confirmed with City Engineer Herbel that development along Edinger required Developers to pay Impact Fees, and Engineer Herbel committed to report back whether the amount of those Developer Impact Fees through the years matched sewer upgrade costs. Councilmember McKeon discussed with City Attorney Michael Gates the proposed four positions for the City Attorney's Office; discussed with City Manager Al Zelinka the proposed two positions for the City Manager's Office; and discussed the proposed added Inspector and Plan Check Engineer positions for the Community Development Department with Director Ursula Luna-Reynosa. It was noted these added positions will enhance Customer Service, increase efficiencies, and reduce total project costs by eliminating some consultants. Mayor Pro Tem Van Der Mark and Engineer Herbel discussed details regarding bridge maintenance costs. Councilmember Kalmick and Engineer Herbel discussed factors related to the street repair cycle; discussed with Acting Chief Financial Officer Han the CalPERS UAL Payment Projections and Pension Obligation Bonds; discussed with City Clerk Estanislau the proposed Municipal Records Manager position; and discussed with City Attorney Michael Gates the cyclical nature of the workload for the City Attorney's Office. Mayor Strickland arrived at 4:56 PM. Councilmember McKeon asked City Attorney Gates to provide a cost analysis to compare hiring staff vs using contractors related to the cyclical workload. Councilmember Kalmick stated support for efforts to improve community communication, and discussed insurance premium increases with Acting Chief Financial Officer Han. Councilmember Moser confirmed with Acting Chief Financial Officer Han that the $1.2M allocated for the Oak View streetscape will receive matching funds. She stated support for the HR Analyst position, as well as Communication positions for the City Manager's Office, and efforts to strengthen Reserves. Councilmember Bolton requested that the Budget Review show the actual cost difference between using a contractor vs hiring for specified positions, and reiterated that AES funds are reserved for capital projects in Southeast Huntington Beach. Interim Chief Financial Officer Han noted that the June 6 Budget Review will include details on Full Time Employee (FTE) positions. RECESS TO CLOSED SESSION – 5:10 PM Council returned into Closed Session for discussion on Item No. 3: Performance evaluation of the City Manager. 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:19 PM Council/PFA Regular Meeting Minutes May 16, 2023 Page 4 of 15 ROLL CALL Present: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember McKeon 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. 9. 23-414 Huntington Beach Police Chaplain Bob Ewing CLOSED SESSION REPORT BY CITY ATTORNEY — None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet, which were all uploaded to the City's website and Councilmember iPads: City Manager's Report Agenda #10 (1 letter); Consent Calendar Item #13 (1 email); #18 (2 emails); Councilmember Items #22 (2 emails); #23 (1 email), and #24 (72 emails). PUBLIC COMMENTS (3-Minute Time Limit) — 31 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. Unidentified Guest was called to speak and shared his opinions related to Councilmember Items #24 regarding the Invocation Policy Update, and shared his personal invocation for this meeting. (01:33:42) Andrew Einhorn, local business owner with 20 employees, was called to speak and shared his opinions related to racist comments made by a Councilmember as documented on social media, and for the fourth time asked that City Council establish an external Ethics Committee to investigate previously reported allegations of racist comments made by a Councilmember. (01:36:29) Brandi Desso Wertheimer was called to speak and stated her support for continued invocations for City Council meetings. (01:39:02) Richard Worley, a resident of Huntington Beach since 1971, was called to speak and shared his support for continued City Council meeting invocations. (01:39:18) Steven Barnes, a Huntington Beach resident, was called to speak and shared his opposition to Councilmember Items #24 regarding the Invocation Policy Update, and suggested rotating Huntington Beach Police and Fire Department chaplains for continued invocations. (01:41:10) Council/PFA Regular Meeting Minutes May 16, 2023 Page 5 of 15 Diane Bentley was called to speak and shared her perspective of the recent Housing Town Hall meeting, specifically her disappointment on apparent lack of plans to improve the housing situation in Huntington Beach. (01:43:09) Cathey Ryder, long-time resident of Huntington Beach and ordained Elder in her Huntington Beach church, was called to speak and shared her opinions related to Councilmember Items #24 regarding the Invocation Policy Update, specifically, support for a policy of providing a moment of silence (in lieu of an invocation). (01:45:09) Amory Hanson was called to speak and stated his support for Consent Calendar Item #15 regarding the conceptual design for the Michael E. Rodgers memorial wall at the Senior Center in Central Park. (01:47:51) John Etheridge, Police and Community Foundation Vice President, was called to speak and announced this week is Police Week, a time to reflect on those officers who lost their lives in the line of duty. He also announced the Officer Poker Tournament Fundraiser on June 3 at the Senior Center and encouraged the community to come out and support law enforcement. (01:49:04) C.J. Ray, Huntington Beach Surfing Walk of Fame Board Member, was called to speak and introduced President John Etheridge. Several Surfing Walk of Fame Board Members presented each Councilmember and City Attorney Michael Gates with an official HB Surfing Walk of Fame Hawaiian shirt to show appreciation for the City's support throughout the year. (01:51:21) Gloria Denise Franklin, a 31-year resident of Huntington Beach, was called to speak and shared her opposition to Councilmember Items #24 regarding the Invocation Policy Update, and a policy of providing a moment of silence (in lieu of an invocation). (01:54:06) Doris Hill, a 45-year resident of Huntington Beach, was called to speak and shared her opposition to Councilmember Items #24 regarding the Invocation Policy Update, and a policy of providing a moment of silence (in lieu of an invocation). (01:54:36) Brett Bush, a Huntington Beach property owner since 1994, was called to speak and stated his support for continued invocations, in lieu of providing a moment of silence. (01:55:11) Ken Inouye, a 50-year resident of Huntington Beach, was called to speak and as a taxpayer asked for a copy of the $7M settlement agreement between the City of Huntington Beach vs Organizers of the Pacific Air Show. Mr. Inouye also stated that the Appeals Court of the State of California requires the City to pay $3.5M to a State housing group because the City is fighting the State Housing Mandate. Thirdly, Mr. Inouye asked that Council resume the prior policy of having the Greater Huntington Beach Interfaith Council choose clergy for invocations as a way of celebrating the various worship groups in Huntington Beach. (01:58:26) Joanne Abugartouny, proud daughter of a WWII Veteran, and resident of Huntington Beach, was called to speak and stated her support for continued invocations, in lieu of providing a moment of silence. (02:01:13) R. Allen Baylis, a resident of Huntington Beach since 1964, practicing attorney, and Naturists in the OC Club President, was called to speak and stated his opposition to Ordinances for Introduction #21 to approve the introduction of Ordinance No. 4282 amending Huntington Beach Municipal Code Chapter 9.20 relating to public nudity. (02:02:16) Council/PFA Regular Meeting Minutes May 16, 2023 Page 6 of 15 Connie Boardman, former Huntington Beach Councilmember, was called to speak and shared her opinions on the Pacific Air Show settlement agreement, and asked City Attorney Michael Gates why he refuses to provide Councilmember Kalmick a copy of that agreement. (02:05:25) Unnamed Guest was called to speak and stated her support for Councilmember Items #24 regarding the Invocation Policy Update, and a policy of providing a moment of silence (in lieu of an invocation), and shared her own Buddhist invocation for this meeting. (02:08:21) Unnamed Guest was called to speak and shared his opposition to Councilmember Items #24 regarding the Invocation Policy Update, and a policy of providing a moment of silence (in lieu of an invocation). (02:10:08) Cari Swan was called to speak and noted her opposition to Councilmember Items #24 regarding the Invocation Policy Update, and a policy of providing a moment of silence (in lieu of an invocation); support for Councilmember Items #22 regarding Board, Commission, Committee Status and Organizational Review, and #23 regarding Fiscal and Operations Update on the City's Middle Income Housing Program. (02:14:13) Pat Goodman was called to speak and stated she attended the recent Mayor's Housing Town Hall meeting, which was advertised as a way to learn about the City's housing plans, but noted there was no housing plans presentation. Ms. Goodman also shared her dismay at learning Pacific Air Show, LLC has been awarded the sole marketing promoter for the next Pacific Air Show after agreeing to pay, or gift them $7M in taxpayer dollars. (02:17:08) Cheri Atkinson, a long-time resident of Huntington Beach, was called to speak and shared her opinions related to the need for affordable housing in Huntington Beach at all levels, and asked that Councilmembers focus on getting an approved Housing Element. (02:20:14) Jeanne Goodin, a 25-year resident of Huntington Beach, was called to speak and stated her support for Mayor Pro Tem Van Der Mark. Ms. Goodin also stated her opposition to Councilmember Items #24 regarding the Invocation Policy Update, and a policy of providing a moment of silence (in lieu of an invocation). (02:22:50) Pano Frousiakis, Public Works Commissioner and 2024 Councilmember Candidate, was called to speak and stated his opposition to Councilmember Items #24 regarding the Invocation Policy Update, and a policy of providing a moment of silence (in lieu of an invocation). (02:24:53) Bethany Webb, 40-year resident of Huntington Beach, was called to speak and announced that the first week of June is Gun Violence Awareness Week, and Moms Demand Action is requesting lighting at city halls, and the Pier in Huntington Beach, to honor those who have lost their lives to gun violence. Ms. Webb also stated her support for Councilmember Items #24 regarding the Invocation Policy Update, and a policy of providing a moment of silence (in lieu of an invocation). (02:28:00) Kimberley Austin, a 31-year resident and 26-year business owner in Huntington Beach, was called to speak and stated her opposition to Councilmember Items #24 regarding the Invocation Policy Update, and a policy of providing a moment of silence (in lieu of an invocation). (02:29:32) Kane Durham was called to speak and stated his support for Councilmember Items #24 regarding the Invocation Policy Update, and a policy of providing a moment of silence (in lieu of an invocation). Mr. Council/PFA Regular Meeting Minutes May 16, 2023 Page 7 of 15 Durham also requested full transparency regarding the recent Pacific Air Show settlement, and announced a Pride event at the Pier on Sunday, May 21 at 11 AM. (02:31:48) Randell James Costello was called to speak and asked if each Councilmember could answer his questions and was informed dialogue is not allowed during this meeting. (02:34:20) Unnamed Guest, a 40-year resident of Huntington Beach, was called to speak and stated his opposition to Councilmember Items #24 regarding the Invocation Policy Update, and a policy of providing a moment of silence (in lieu of an invocation). (02:37:33) Roger Noor was called to speak and shared his negative experiences with the Huntington Beach Police Department related to the towing of his vehicle, and asked for a meeting with the City Attorney to discuss his situation. (02:39:37) Unnamed Guest was called to speak and shared his opinions related to lying, negative thoughts, and behaviors not aligned with God's truth. (02:42:48) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS — None AB 1234 REPORTING Councilmembers Kalmick and Burns reported attending the Southern California Association of Governments (SCAG) Regional Conference and General Assembly. OPENNESS IN NEGOTIATION DISCLOSURES — None CITY MANAGER’S REPORT 10. 23-418 E-Bike Safety Presentation Mike Thomas, Huntington Beach Police Sergeant, presented a PowerPoint communication titled Huntington Beach Police Department E-Bike Overview with slides entitled: Table of Contents; Recent Statistics; E-Bike Collisions 2022-YTD; Top 3 Primary Collision Factors (2022-Present); Total Collisions 2022-YTD; Recent Statistics (2022-YTD); Three E's of Traffic Safety; Enforcement (3); Education (4); and Engineering (2). Mayor Pro Tem Van Der Mark and Councilmember McKeon stated their support for educating students and further discussed school outreach efforts with Sgt. Thomas. It was noted that only the school districts can require training for all students, and in the meantime the Police Department can enforce rules of the road and offer educational outreach. There was also discussion on modified, or illegal, e- bikes which currently have to be controlled through local ordinances as there are no State regulations. Councilmember Moser and Sgt. Thomas discussed the two-hour bike safety class held at City Hall on the second Saturday of every other month, 8 – 10 AM. This safety class is required for cited students and anyone is welcome to attend. Discussion continued on options for in-person and on-line training or certification which parents could require before allowing their child(ren) to own or ride e-bikes. 11. 23-429 Food Allergy Awareness Week Council/PFA Regular Meeting Minutes May 16, 2023 Page 8 of 15 Jeff Lopez, Huntington Beach Fire Department Operations Division Chief, presented a PowerPoint communication titled Food Allergy Awareness with slides entitled: Food Allergy Awareness (3). Councilmember Bolton noted this effort was inspired by the recent death of Allie West due to a food allergy, and urged people to learn more about the issue. Mayor Strickland announced that the Special Meeting scheduled for 8 PM would take place after the adjournment of the current meeting. CITY TREASURER’S REPORT 12. 23-409 Received and Filed the City Treasurer’s March 2023 Quarterly Investment Summary Report Alisa Backstrom, City Treasurer, presented a PowerPoint communication titled Quarterly Investment Report, Quarter Ended: March 31, 2023 with slides entitled: Economic Update; Interest Rates — US Treasury Yield Curve April 1, 2022 — March 31, 2023; Investment Portfolio — Summary Quarter End 03/31/23; Investment Portfolio — Investments by Type Quarter End 03/31/23; Investment Portfolio — Selected Activity Quarter End 03/31/23; Investment Portfolio — Earnings; Selected Investment Policy Compliance Requirements Quarter End 03/31/23; and Summary. A motion was made by McKeon, second Kalmick to receive and file the City Treasurer's Quarterly Investment Report for March 2023, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None CONSENT CALENDAR CITY MANAGER’S OFFICE 13. 23-406 Oak View Pilot Parking Program Update and Recommendation to Conclude the Year-Long Program When It Sunsets on June 30, 2023 A motion was made by Van Der Mark, second Burns to receive and file the Oak View Pilot Parking Program Update; and conclude the Program when the pilot year sunsets on June 30, 2023. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None COMMUNITY DEVELOPMENT DEPARTMENT 14. 23-377 Adopted Resolution No. 2023-20 authorizing submittal of an application for a California Coastal Commission Local Coastal Program Planning Grant; and, Council/PFA Regular Meeting Minutes May 16, 2023 Page 9 of 15 approved and authorized execution of an amendment to a Professional Services Contract between the City and Michael Baker International, Inc. for a Comprehensive Local Coastal Program update A motion was made by Van Der Mark, second Burns to adopt Resolution No. 2023-20, "A Resolution of the City Council of the City of Huntington Beach Authorizing Submittal of an Application for a California Coastal Commission LCP Planning Grant" (Attachment No. 1); and, approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement between the City of Huntington Beach and Michael Baker International, Inc. for a Comprehensive Local Coastal Program Update" as prepared by the City Attorney (Attachment No. 2). The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None COMMUNITY AND LIBRARY SERVICES 15. 23-404 Approved the conceptual design for the Michael E. Rodgers memorial wall at the Senior Center in Central Park as recommended by the Community & Library Services Commission A motion was made by Van Der Mark, second Burns to approve the recommendation by the Community & Library Services Commission to approve the conceptual design for the Michael E. Rodgers memorial wall located in the central hallway at the Senior Center in Central Park. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None FINANCE DEPARTMENT 16. 23-413 Adopted Ordinance No. 4292 amending Huntington Beach Municipal Code Chapter 10.60 relating to On-Street Parking Meter Zones Approved for Introduction 5/02/2023 — Vote 5 – 2 (Strickland, Bolton-No) A motion was made by Van Der Mark, second Burns to adopt Ordinance No. 4292, "An Ordinance of the City of Huntington Beach Amending Chapter 10.60 of the Huntington Beach Municipal Code Relating to On-Street Parking Meter Zones" The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None OFFICE OF THE CITY CLERK 17. 23-412 Approved and Adopted Minutes A motion was made by Van Der Mark, second Burns to approve and adopt the City Council/Public Financing Authority regular meeting minutes of May 2, 2023. Council/PFA Regular Meeting Minutes May 16, 2023 Page 10 of 15 The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None PUBLIC WORKS DEPARTMENT 18. 23-394 Approved appropriation of funds for electrical system repairs at the Central Library A motion was made by Van Der Mark, second Burns to authorize the appropriation of $585,805 in HB Recovery Funds to Infrastructure Fund Account 31440006.82800. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 19. 23-395 Rejected bids for the Traffic Signal Improvements at the intersection of Warner Avenue and Ash Lane (CC-1670) and at the intersection of Main Street and Delaware Street (CC-1671) A motion was made by Van Der Mark, second Burns to reject all bids for the Traffic Signal Improvements at the intersection of Warner Avenue and Ash Lane (CC-1670) and at the intersection of Main Street and Delaware Street (CC-1671). The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None POLICE DEPARTMENT 20. 23-407 Approved sole source purchase of three Shotover Augmented Reality Mapping Systems from Hangar One Avionics for the Huntington Beach Police Department Air Support Unit recently purchased helicopters A motion was made by Van Der Mark, second Burns to approve Sole Source purchase of the Shotover Augmented Reality Mapping System from Hangar One Avionics; and, appropriate $433,000 in the Supplemental Law Enforcement Service Fund. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None ORDINANCES FOR INTRODUCTION 21. 23-403 TABLED r equest to approve for introduction Ordinance No. 4282 amending Huntington Beach Municipal Code Chapter 9.20 relating to Public Nudity Council/PFA Regular Meeting Minutes May 16, 2023 Page 11 of 15 Ashley Wysocki, Acting Community & Library Services Director, presented a PowerPoint communication titled Introduction of Ordinance No. 4282 Amending HBMC Chapter 9.20, Public Peace, Morals, and Welfare: Public Nudity with slides entitled: Proposed Ordinance No. 4282 and Recommendation. A motion was made by Burns, second McKeon, to approve for introduction Ordinance No. 4282, “An Ordinance of the City of Huntington Beach amending Chapter 9.20 of the Huntington Beach Municipal Code relating to Public Nudity." Councilmember Kalmick stated he planned to Abstain as he doesn't understand the impetus for this change. City Attorney Gates clarified for Councilmember Moser this item is to address issues that Community Services staff are dealing with in the community, and in his opinion has nothing to do with the issues raised by the public, i.e., would this ordinance make nude showering or wearing of a thong swimsuit illegal. City Attorney Gates added these issues are judgement calls made out in the field by Code Enforcement staff determined by how much exposure there is on a case-by-case basis. Councilmember Bolton stated she was not aware this was an issue, and asked for time for further discussion before taking a vote. A substitute motion was made by Bolton, second Strickland, to TABLE request to approve for introduction Ordinance No.4282, "An Ordinance of the City of Huntington Beach amending Chapter 9.20 of the Huntington Beach Municipal Code relating to Public Nudity". Acting Community & Library Services Director Wysocki explained that this item was the result of a routine staff review of all Department administrative regulations which includes review by the City Attorney's Office. City Attorney Gates provided a historical perspective from 2014 and noted this item is intended to protect staff. Mayor Strickland stated he respects the intent, but believes that it is also necessary to provide clarity and remove any grey areas for the benefit of the public. Councilmember Bolton asked for further information regarding employee waivers for nude events held at City-owned facilities as mentioned by a public speaker. The substitute motion to table the item carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None COUNCILMEMBER ITEMS 22. 23-431 Approved Item Submitted by Councilmember Burns — Board, Commission, Committee Status and Organizational Review Councilmember Burns stated he is just calling for a review on the value of all the boards, committees and commissions. He noted there are even a couple of Ad Hoc committees with no appointments. Council/PFA Regular Meeting Minutes May 16, 2023 Page 12 of 15 Mayor Strickland and Councilmember McKeon stated their support for this item. Councilmember Kalmick stated his support and volunteered to serve on the Ad Hoc committee. A motion was made by Burns, second Strickland to request the City Council form an Ad Hoc Committee to review the purpose and structure of Citizen and Council Boards, Commissions, and Committees; recommend that the Mayor select three Council Members and the City Manager select two staff members for the Ad Hoc Council Committee to review the need and pertinence of standing boards, commissions, and committees; and recommend that the Ad Hoc Committee return to Council in 90 days with a report on the status and recommendation to the City Council. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 23. 23-432 Approved Amended Item Submitted by Councilmember McKeon — Fiscal and Operations Update on the City’s Middle Income Housing Program Councilmember McKeon noted he is bringing this item forward in response to a previous City Council action on July 20, 2021, to enter a Joint Power Authority agreement to acquire and convert two market- rate apartment complexes into workforce housing (Middle Income Housing). Those properties are the Elan Building at Beach and Ellis, and the Breakwater Community behind Olive Garden on Beach Boulevard. He further noted the 2021 agreement included acknowledging the City would not receive property taxes totaling approximately $500,000 annually for upwards of 30 years, or a total of $15M in lost property tax revenue. He asked for a comprehensive and detailed report from the sponsor, Catalyst, on the status of these projects, including answers to these questions: 1) how many of the 649 units are occupied; 2) how many have been remodeled and at what cost; 3) how many units are leased to persons earning 80 – 20% of the area median income; 4) average monthly rents; 5) how much property tax revenue did the City forego in 2022; 6) what is the estimated amount of lost property tax revenue for 2023, and remaining years; 7) what are property management fees paid each year, and to whom are they paid; 8) annual maintenance and repair fees; and 9) how many of the retail shops on the first level of the Elan Building are leased, or in lease negotiations. Councilmember McKeon stated the taxpayers are entitled to know what they are getting for their investment. Councilmember Burns stated he would also like to know how many of the units are occupied by people who work in Huntington Beach. Councilmember Kalmick stated that CMFA is one of the largest bond issuers in California, and noted that these bonds are not on the City's books. He explained that the Joint Powers Authority (JPA) agreement with Catalyst is just like the JPAs the City has signed with the Sanitation District, Orange County Transportation Authority (OCTA), and West Orange County Water Board. He also noted the amount of foregone property tax is $370,000 per year as presented in the staff report, or about $6.4M over 15 years, when a sale could be forced. Councilmember Kalmick added that in 30 years the City would own property worth nearly half a billion dollars, and the annual rate of return in the lease account vs annual rate of return on property in California is much greater. He also noted that Catalyst is a private entity and they may not answer every single question asked. He stated his support for an update on this program. Council/PFA Regular Meeting Minutes May 16, 2023 Page 13 of 15 Councilmember Kalmick and Councilmember McKeon discussed whether these projects were identified as "middle income housing" vs "workforce housing" as the classification could determine the level of available details. Councilmember McKeon stated that the July 20, 2021 City Council Minutes should answer that concern. A motion was made by Burns, second McKeon to direct the City Manager and the Community Development Department to coordinate with Catalyst and CMFA to present a comprehensive report at a City Council Meeting in July or sooner of the Financial Impact section mentioned in the July 2021 City Council Action. The report should include, but not be limited to, the following important details, as amended: * How many of the 649 housing units are occupied? * How many have been remodeled as planned and at what cost? * How many of the units are leased to persons earning 80%-120% of the Area Median Income, as required? * What are the average monthly rents? * To fund the Middle Income Housing Program, the City has to forgo future property tax revenues for up to a 30 year period. How much in property tax did the City forego in 2022 and what is the estimated amount for 2023 and over the next 30 years? * What are the property management fees paid every year and to whom are they paid? * What are the annual maintenance and repair fees? * How many of the retail shops on the first level of Elan are leased? * How many of the units are occupied by persons working in, versus outside of, Huntington Beach? The motion as amended carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 24. 23-433 Approved Substitute Motion for Item Submitted by Councilmember Moser — Invocation Policy Update Councilmember Moser acknowledged speakers that shared support for the Greater Huntington Beach Interfaith Council’s continued service to provide the Invocation, and expressed her surprise that an Invocation Policy has not been brought back to Council as requested months ago by Mayor Strickland and Mayor Pro Tem Van Der Mark. She stated she brought this item forward as the community and Council have a right to be updated and to have transparency. Councilmember Moser stated her personal support for invocations of interfaith prayers which display the City's rich diversity and inclusion, and to ensure a constitutionally sound policy is created. The moment of silence, in her opinion, would be the last option for consideration. Councilmember Moser asked if there was an Invocation Policy update from either City Manager Zelinka or City Attorney Gates. City Manager Zelinka responded that there is currently not a cohesive update, but staff is prepared to return with a recommendation at the next Council meeting. He also noted this is a learning situation, and there should be regular progress reports on Councilmember “H” Items. Council/PFA Regular Meeting Minutes May 16, 2023 Page 14 of 15 City Attorney Gates stated the research has been started, and since there was no due date stated for a report, it was pushed back due to other priority items. A motion was made by Moser to request that the City Manager and City Attorney return with a constitutionally sound invocation policy sometime in June. A substitute motion was made by Strickland, second Van Der Mark, to continue the practice of allowing the Mayor to choose who provides invocations at City Council meetings, and withdraw the Councilmember Item of February 21, 2023, requesting staff preparation of an invocation policy Mayor Strickland stated that his research showed there was no City policy, and based upon his experience in higher government, the assembly speaker or pro tem selects the invocation speaker, even at the federal level. He added that many government bodies would not use this policy if there was opportunity for a constitutional issue. Councilmember Bolton shared her opinion that the invocation selector should not always choose presenters from only their own faith. Chief Assistant City Attorney Mike Vigliotta confirmed that as long as the selector is not telling the selected what to say, the substitute motion as presented is fine. Councilmember Moser confirmed with Mayor Strickland that this policy is expected to carry forward and be the responsibility of the position of Mayor, regardless of who is holding that position. Councilmember Bolton stated her understanding that some research has been done on invocation policy, and she thought that information should be made available so people would understand how a policy was determined. Councilmember Moser stated she wants to ensure any action does not lead to constitutional exposure for the City, and discussed with Mayor Strickland what had changed since his original request in February for an Invocation Policy Update. Mayor Strickland reiterated research and the non-existence of a policy, and Councilmember Moser shared doubts that people of faith, and those with no faith, will both be fairly represented through the Mayor’s proposed process. The substitute motion carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Moser, and Bolton ABSTAIN: Kalmick ADJOURNMENT — 8:41 PM to the immediately following Special Meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, May 16, 2023, 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 Council/PFA Regular Meeting Minutes May 16, 2023 Page 15 of 15 _______________________________________ 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 Minutes Special Meeting City Council/Public Financing Authority City of Huntington Beach Tuesday, May 16, 2023 8:00 PM — Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 8:00 PM - COUNCIL CHAMBERS CALLED SPECIAL MEETING TO ORDER — 8:49 PM ROLL CALL Present: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet, which were all uploaded to the City's website and Councilmember iPads: Administrative Item #1 (17 e-mails) PUBLIC COMMENTS (3-Minute Time Limit) — 7 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. Cari Swan was called to speak and stated her support for Administrative Item #1, to withdraw from the Orange County Power Authority (OCPA). (00:02:08) Charlie Jackson was called to speak and stated his opposition to Administrative Item #1, to withdraw from the Orange County Power Authority (OCPA). (00:03:44) Joclyn Rabbitt-Sire, a resident of Huntington Beach since 1999, was called to speak and stated her opposition to Administrative Item #1, to withdraw from the Orange County Power Authority (OCPA). (00:04:41) Danny Gray was called to speak and stated his opposition to Administrative Item #1, to withdraw from the Orange County Power Authority (OCPA). (00:07:20) Council/PFA Special Meeting Minutes May 16, 2023 Page 2 of 4 Jose Trinidad Castaneda, Buena Park Councilmember and OCPA Board Member, was called to speak and stated his opposition to Administrative Item #1, to withdraw from the Orange County Power Authority (OCPA). (00:09:41) Linda Kraemer, Climate Reality of Orange County, Chapter Chair, was called to speak and stated her opposition to Administrative Item #1, to withdraw from the Orange County Power Authority (OCPA). (00:12:03) Steve Shepherd was called to speak and stated his opposition to Administrative Item #1, to withdraw from the Orange County Power Authority (OCPA). (00:15:14) ADMINISTRATIVE ITEMS 1. 23-443 Approved request to withdraw from the Orange County Power Authority (OCPA) Councilmember McKeon stated he believes in providing choice, but he does not believe the government is the proper vehicle to provide private sector choice, especially in the complex and volatile energy market. He shared what he called poor decisions by the OCPA, such as hiring a CEO with no energy sector experience, and claims the OCPA could deliver 100% green energy at lower rates than Southern California Edison (SCE). He stated that OCPA problems were further exacerbated by the lack of transparency, mismanagement, whistle blower complaints, audit after audit, shady contract purchases, circumvented Board oversight, paying a fine instead of providing required Resource Adequacy energy in order to stabilize the grid, chaos on the Board, firing of legal counsel, firing the CEO, and the list goes on and on. Councilmember McKeon described the difficulties in acquiring a copy of the Huntington Beach Power Purchase Contracts to determine whether or not those contracts could be re-sold at a higher price to protect the rate payers. He noted that at the March 15, 2023, OCPA Board meeting, Consultant Pacific Energy Advisers explained it would be very challenging for OCPA to purchase required Resource Adequacy energy because of lack of energy currently being produced. He further explained that SCE's market share and ability to purchase long-term contracts allows them to purchase required Resource Adequacy energy and protect the grid, and is therefore a safer option for Huntington Beach residents. Pacific Energy Advisers noted there is currently a sellers’ market as evidenced by the high cost of energy. Councilmember McKeon stated all of these issues make it abundantly clear it is time to pull the plug on OCPA before they straddle Huntington Beach ratepayers with more expensive power contracts and further jeopardize the grid by not providing required Resource Adequacy energy. He noted the County of Orange decision in December to withdraw from OCPA and their analysis has shown Huntington Beach can sell its energy contracts for more than was paid at their purchase. A motion was made by Strickland, second Van Der Mark to direct the City Manager to work with the City Attorney to provide notice to withdraw from the Orange County Power Authority (OCPA). Mayor Strickland noted that according to OCPA filings with the Public Utilities Commission (PUC), OCPA does not even meet the minimum Renewable Portfolio Standards (RPS). He believes this effort has been a disaster from the beginning, including lack of basic transparency, unqualified leadership, and Grand Jury reports for an organization that is barely off the ground. He continued by listing many more reasons for supporting this item. Council/PFA Special Meeting Minutes May 16, 2023 Page 3 of 4 Councilmember Kalmick shared his concern that there is no staff report for this discussion and decision, nor is there any information on what this action may cost, and in his opinion this is totally irresponsible. He stated that OCPA will have $70M in cash reserves at the end of this fiscal year, and SCE cannot provide a 100% renewable rate because of their waiting list. Councilmember Kalmick noted that all Huntington Beach businesses who are in the OCPA basic rate will receive at least a 2% increase in energy costs when they are forced to return to SCE in June of 2024. Councilmember Kalmick stated he believes the OCPA is now on the right track, and shared that "Resource Adequacy Energy" is an esoteric creation of contracts in order to prove you have 115% above what you've got. He added that the fine was cheaper than paying $80 million in costs at the time. He shared concerns about what the energy market will do between now and June of 2024 which will determine whether or not Huntington Beach may take a loss, and approving this action could place rate payer residents and taxpayers on the hook for an enormous amount of money. He suggested the appropriate action would be to hire a consultant to determine how to unwind this contract so Council has a clear understanding of all the potential ramifications. Councilmember Kalmick continued by sharing that opting the City out, so the City is not involved in managing OCPA is one thing, but taking energy choice away from residents is totally irresponsible, especially considering the manner this Special Meeting was noticed and held when there is no need for urgency. He stated there is no risk to the City, and only 25% of residents and 15% of businesses opted out. He added he will not support leaving the OCPA. A substitute motion was made by Moser, second Kalmick to go back to the original request and obtain a professional analysis on what would be required to withdraw from Orange County Power Authority (OCPA) to understand the potential financial ramifications to the City as well as to businesses and residents. The substitute motion failed by the following roll call vote: AYES: Kalmick, Moser, and Bolton NOES: Van Der Mark, Strickland, McKeon, and Burns The original motion by Strickland, second Van Der Mark directing the City Manager to work with the City Attorney to provide notice to withdraw from the Orange County Power Authority (OCPA), carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton ADJOURNMENT — 9:24 PM, a motion made by Burns, second by Van Der Mark, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, June 6, 2023, 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 Council/PFA Special Meeting Minutes May 16, 2023 Page 4 of 4 ________________________________________ 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 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-462 MEETING DATE:6/6/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Eric Parra, Chief of Police PREPARED BY:Capt. Gaute Svendsbo Subject: Annual Military Equipment Use Report (AB 481) Statement of Issue: California Government Code Chapter 12.8, “Funding, Acquisition, and Use of Military Equipment” in part requires that the City annually review the ordinance (Ordinance 4255 - Exhibit 3) that approved the funding, acquisition, or use of military equipment, and vote on whether to renew the ordinance at a regular City Council meeting. In addition, the City is required to determine, based on the annual military equipment report submitted as part of this annual process, whether each type of military equipment identified in that report has complied with the standards for approval detailed in the Analysis section below. Financial Impact: The estimated ongoing annual maintenance and equipment replacement costs total is $61,050. Sufficient funds are budgeted each year for the Police Department out of the General Fund to cover these costs. Recommended Action: A)Find that each type of military equipment identified in that report attached hereto as Attachment 1 complies with the following standards for approval: 1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. 2. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. 3. Any future purchased equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. 4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and, City of Huntington Beach Printed on 6/1/2023Page 1 of 3 powered by Legistar™ File #:23-462 MEETING DATE:6/6/2023 B)Renew Ordinance No. 4255 authorizing the continued use of the listed military equipment by the Police Department (Annual Military Equipment Use Report (AB 481), Exhibit 3). Alternative Action(s): Do not renew authorization, and direct staff accordingly. Analysis: Per the HBPD’s Annual Military Equipment Use Report (Attachment 1), the HBPD possesses and uses a wide variety of military equipment to assist in safely achieving the furtherance of its mission, i.e. to provide the highest level of service to our residents, businesses, visitors and the public through a partnership with our community to preserve and improve the quality of life in Huntington Beach. While the inventory of military equipment varies, the mere possession of the equipment does not warrant its use for every incident. Per HBPD Policy 707 (Exhibit 2), the use of military equipment is restricted to certain instances as controlled by HBPD Policy 300 - Use of Force (Attachment 2), and in some cases only by certain units and personnel. The use of the Department’s military equipment is continuously evaluated and the use of such equipment by department personnel is taken into account when considering the totality of the circumstances, public safety, officer safety, State and Federal law, and other information available at the time, as detailed in HBPD Policy 300. As part of HBPD’s continued use of this equipment, California Government Code Chapter 12.8, “Funding, Acquisition, and Use of Military Equipment” in part requires that the City annually review the ordinance (Ordinance 4255 - Exhibit 3) that approved the funding, acquisition, or use of military equipment, and vote on whether to renew the ordinance at a regular City Council meeting. In addition, the City is required to determine, based on the Annual Military Equipment Use Report submitted as part of this annual process, whether each type of military equipment identified in that report has complied with the following standards for approval: 1.The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. 2.The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. 3.If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. 4.Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. If the City determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth above, the City shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. It is staff’s recommendation to renew the Ordinance due to the City’s continued compliance with the standards of approval above. City of Huntington Beach Printed on 6/1/2023Page 2 of 3 powered by Legistar™ File #:23-462 MEETING DATE:6/6/2023 Furthermore, within 30 days of submitting this report, the Huntington Beach Police Department will hold a community engagement meeting. At the meeting the general public may ask questions regarding the annual military equipment report and the funding, acquisition, or use of military equipment. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1.HBPD Annual Military Equipment Use Report (AB 481), including Exhibits 1-5. 2.HBPD Policy 300 City of Huntington Beach Printed on 6/1/2023Page 3 of 3 powered by Legistar™ Policy 300 Huntington Beach Police Department Huntington Beach PD Policy Manual Copyright Lexipol, LLC 2023/05/02, All Rights Reserved. Published with permission by Huntington Beach Police Department Use of Force - 1 Use of Force 300.1 PURPOSE AND SCOPE This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, every member of this department is expected to use these guidelines to make such decisions in a professional, impartial, and reasonable manner (Government Code § 7286). In addition to those methods, techniques, and tools set forth below, the guidelines for the reasonable application of force contained in this policy shall apply to all policies addressing the potential use of force, including but not limited to the Control Devices and Techniques and Conducted Energy Device policies. Retaliation prohibitions for reporting suspected violations are addressed in the Anti-Retaliation Policy. 300.1.1 DEFINITIONS Definitions related to this policy include: Deadly force - Any use of force that creates a substantial risk of causing death or serious bodily injury, including but not limited to the discharge of a firearm (Penal Code § 835a). Feasible - Reasonably capable of being done or carried out under the circumstances to successfully achieve the arrest or lawful objective without increasing risk to the officer or another person (Government Code § 7286(a)). Force - The application of physical techniques or tactics, chemical agents, or weapons to another person. It is not a use of force when a person allows him/herself to be searched, escorted, handcuffed, or restrained. Serious bodily injury - A serious impairment of physical condition, including but not limited to the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement (Penal Code § 243(f)(4)). Totality of the circumstances - All facts known to the officer at the time, including the conduct of the officer and the subject leading up to the use of force (Penal Code § 835a). 300.2 POLICY The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their duties. Officers must have an understanding of, and true appreciation for, their authority and limitations. This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties. Huntington Beach Police Department Huntington Beach PD Policy Manual Use of Force Copyright Lexipol, LLC 2023/05/02, All Rights Reserved. Published with permission by Huntington Beach Police Department Use of Force - 2 The Department recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation and a careful balancing of all interests. 300.2.1 DUTY TO INTERCEDE Any officer present and observing another law enforcement officer or an employee using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, shall, when in a position to do so, intercede (as defined by Government Code § 7286) to prevent the use of unreasonable force. When observing force used by a law enforcement officer, each officer should take into account the totality of the circumstances and the possibility that other law enforcement officers may have additional information regarding the threat posed by the subject (Government Code § 7286(b)). 300.2.2 FAIR AND UNBIASED USE OF FORCE Officers are expected to carry out their duties, including the use of force, in a manner that is fair and unbiased (Government Code § 7286(b)). See the Bias-Based Policing Policy for additional guidance. 300.2.3 DUTY TO REPORT EXCESSIVE FORCE Any officer who observes a law enforcement officer or an employee use force that potentially exceeds what the officer reasonably believes to be necessary shall immediately report these observations to a supervisor (Government Code § 7286(b)). As used in this subsection, "immediately" means as soon as it is safe and feasible to do so. 300.2.4 FAILURE TO INTERCEDE An officer who has received the required training on the duty to intercede and then fails to act to intercede when required by law, may be disciplined in the same manner as the officer who used force beyond that which is necessary (Government Code § 7286(b)). 300.3 USE OF FORCE Officers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose (Penal Code § 835a). The reasonableness of force will be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that officers are often forced to make split-second decisions about the amount of force that reasonably appears necessary in a particular situation, with limited information and in circumstances that are tense, uncertain, and rapidly evolving. Given that no policy can realistically predict every possible situation an officer might encounter, officers are entrusted to use well-reasoned discretion in determining the appropriate use of force in each incident. Officers may only use a level of force that they reasonably believe is proportional to Huntington Beach Police Department Huntington Beach PD Policy Manual Use of Force Copyright Lexipol, LLC 2023/05/02, All Rights Reserved. Published with permission by Huntington Beach Police Department Use of Force - 3 the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance (Government Code § 7286(b)). It is also recognized that circumstances may arise in which officers reasonably believe that it would be impractical or ineffective to use any of the approved or authorized tools, weapons, or methods provided by the Department. Officers may find it more effective or reasonable to improvise their response to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any improvised device or method must nonetheless be objectively reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose. While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires an officer to retreat or be exposed to possible physical injury before applying reasonable force. 300.3.1 USE OF FORCE TO EFFECT AN ARREST Any peace officer may use objectively reasonable force to effect an arrest, to prevent escape, or to overcome resistance. A peace officer who makes or attempts to make an arrest need not retreat or desist from his/her efforts by reason of resistance or threatened resistance on the part of the person being arrested; nor shall an officer be deemed the aggressor or lose his/her right to self-defense by the use of reasonable force to effect the arrest, prevent escape, or to overcome resistance. Retreat does not mean tactical repositioning or other de-escalation techniques (Penal Code § 835a). 300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit (Government Code § 7286(b)). These factors include but are not limited to: (a)The apparent immediacy and severity of the threat to officers or others (Penal Code § 835a). (b)The conduct of the individual being confronted, as reasonably perceived by the officer at the time (Penal Code § 835a). (c)Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects). (d)The conduct of the involved officer leading up to the use of force (Penal Code § 835a). (e)The effects of suspected drugs or alcohol. (f)The individual's apparent mental state or capacity (Penal Code § 835a). (g)The individual’s apparent ability to understand and comply with officer commands (Penal Code § 835a). (h)Proximity of weapons or dangerous improvised devices. Huntington Beach Police Department Huntington Beach PD Policy Manual Use of Force Copyright Lexipol, LLC 2023/05/02, All Rights Reserved. Published with permission by Huntington Beach Police Department Use of Force - 4 (i)The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained. (j)The availability of other reasonable and feasible options and their possible effectiveness (Penal Code § 835a). (k)Seriousness of the suspected offense or reason for contact with the individual prior to and at the time force is used. (l)Training and experience of the officer. (m)Potential for injury to officers, suspects, bystanders, and others. (n)Whether the person appears to be resisting, attempting to evade arrest by flight, or is attacking the officer. (o)The risk and reasonably foreseeable consequences of escape. (p)The apparent need for immediate control of the subject or a prompt resolution of the situation. (q)Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others. (r)Prior contacts with the subject or awareness of any propensity for violence. (s)Any other exigent circumstances. 300.3.3 PAIN COMPLIANCE TECHNIQUES Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Officers may only apply those pain compliance techniques for which they have successfully completed department-approved training. Officers utilizing any pain compliance technique should consider: (a)The degree to which the application of the technique may be controlled given the level of resistance. (b)Whether the person can comply with the direction or orders of the officer. (c)Whether the person has been given sufficient opportunity to comply. The application of any pain compliance technique shall be discontinued once the officer determines that compliance has been achieved. 300.3.4 RESTRICTIONS ON THE USE OF CAROTID CONTROL HOLD Officers of this department are not authorized to use a carotid restraint hold. A carotid restraint means a vascular neck restraint or any similar restraint, hold, or other defensive tactic in which pressure is applied to the sides of a person’s neck that involves a substantial risk of restricting blood flow and may render the person unconscious in order to subdue or control the person (Government Code § 7286.5). Huntington Beach Police Department Huntington Beach PD Policy Manual Use of Force Copyright Lexipol, LLC 2023/05/02, All Rights Reserved. Published with permission by Huntington Beach Police Department Use of Force - 5 300.3.5 ALTERNATIVE TACTICS - DE-ESCALATION As time and circumstances reasonably permit, and when community and officer safety would not be compromised, officers should consider actions that may increase officer safety and may decrease the need for using force: (a)Summoning additional resources that are able to respond in a reasonably timely manner. (b)Formulating a plan with responding officers before entering an unstable situation that does not reasonably appear to require immediate intervention. (c)Employing other tactics that do not unreasonably increase officer jeopardy. In addition, when reasonable, officers should evaluate the totality of circumstances presented at the time in each situation and, when feasible, consider and utilize reasonably available alternative tactics and techniques that may persuade an individual to voluntarily comply or may mitigate the need to use a higher level of force to resolve the situation before applying force (Government Code § 7286(b)). Such alternatives may include but are not limited to: (a)Attempts to de-escalate a situation. (b)If reasonably available, the use of crisis intervention techniques by properly trained personnel. 300.3.6 RESTRICTIONS ON THE USE OF A CHOKE HOLD Officers of this department are not authorized to use a choke hold. A choke hold means any defensive tactic or force option in which direct pressure is applied to a person’s trachea or windpipe (Government Code § 7286.5). 300.3.7 ADDITIONAL RESTRICTIONS Terms such as “positional asphyxia,” “restraint asphyxia,” and “excited delirium” continue to remain the subject of debate among experts and medical professionals, are not universally recognized medical conditions, and frequently involve other collateral or controlling factors such as narcotics or alcohol influence, or pre-existing medical conditions. While it is impractical to restrict an officer’s use of reasonable control methods when attempting to restrain a combative individual, officers are not authorized to use any restraint or transportation method which might unreasonably impair an individual’s breathing or respiratory capacity for a period beyond the point when the individual has been adequately and safely controlled. Once controlled, the individual should be placed into a recovery position (e.g., supine or seated) and monitored for signs of medical distress (Government Code § 7286.5). 300.4 DEADLY FORCE APPLICATIONS Where feasible, the officer shall, prior to the use of deadly force, make reasonable efforts to identify him/herself as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts (Penal Code 835a). If an objectively reasonable officer would consider it safe and feasible to do so under the totality of the circumstances, officers shall evaluate and use other reasonably available resources and Huntington Beach Police Department Huntington Beach PD Policy Manual Use of Force Copyright Lexipol, LLC 2023/05/02, All Rights Reserved. Published with permission by Huntington Beach Police Department Use of Force - 6 techniques when determining whether to use deadly force. To the extent that it is reasonably practical, officers should consider their surroundings and any potential risks to bystanders prior to discharging a firearm (Government Code § 7286(b)). The use of deadly force is only justified when the officer reasonably believes it is necessary in the following circumstances (Penal Code § 835a): (a)An officer may use deadly force to protect him/herself or others from what he/she reasonably believes is an imminent threat of death or serious bodily injury to the officer or another person. (b)An officer may use deadly force to apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended. Officers shall not use deadly force against a person based on the danger that person poses to him/ herself, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the officer or to another person (Penal Code § 835a). An “imminent” threat of death or serious bodily injury exists when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the officer or another person. An officer’s subjective fear of future harm alone is insufficient as an imminent threat. An imminent threat is one that from appearances is reasonably believed to require instant attention (Penal Code § 835a). 300.4.1 SHOOTING AT OR FROM MOVING VEHICLES Shots fired at or from a moving vehicle are rarely effective and may involve additional considerations and risks. When feasible, officers should take reasonable steps to move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants. An officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are no other reasonable means available to avert the imminent threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others (Government Code § 7286(b)). Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle. 300.4.2 DISPLAYING OF FIREARMS Given that individuals might perceive the display of a firearm as a potential application of force, officers should carefully evaluate each tactical situation and use sound discretion when drawing a firearm in public by considering the following guidelines (Government Code § 7286(b)): (a)If the officer does not initially perceive a threat but reasonably believes that the potential for such threat exists, firearms should generally be kept in the low-ready or other position not directed toward an individual. Huntington Beach Police Department Huntington Beach PD Policy Manual Use of Force Copyright Lexipol, LLC 2023/05/02, All Rights Reserved. Published with permission by Huntington Beach Police Department Use of Force - 7 (b)If the officer reasonably believes that a threat exists based on the totality of circumstances presented at the time (e.g., high-risk stop, tactical entry, armed encounter), firearms may be directed toward such threat until the officer no longer perceives such threat. Once it is reasonably safe to do so, officers should carefully secure all firearms. 300.5 REPORTING THE USE OF FORCE Any use of force by a member of this department shall be documented promptly, completely, and accurately in an appropriate report, depending on the nature of the incident. The officer should articulate the factors perceived and why he/she believed the use of force was reasonable under the circumstances. To collect data for purposes of training, resource allocation, analysis, and related purposes, the Department may require the completion of additional report forms, as specified in department policy, procedure, or law. See the Report Preparation Policy for additional circumstances that may require documentation. 300.5.1 NOTIFICATION TO SUPERVISORS Any use of force by an officer shall be reported immediately to a supervisor, including but not limited to the following circumstances (Penal Code § 832.13): (a)The application caused a visible injury. (b)The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort. (c)The individual subjected to the force complained of injury or continuing pain. (d)The individual indicates intent to pursue litigation. (e)Any application of a conducted energy device or control device. (f)Any application of a restraint device other than handcuffs, shackles, or belly chains. (g)The individual subjected to the force was rendered unconscious. (h)An individual was struck or kicked. (i)An individual alleges unreasonable force was used or that any of the above has occurred. As used in this subsection, "immediately" means as soon as it is safe and feasible to do so. 300.5.2 WATCH COMMANDER RESPONSIBILITY When an officer is involved in a reportable use of force incident the Watch Commander shall do the following: (a)Examine the suspect if booked at the Huntington Beach Jail if possible when significant reportable use of force is used (b)Ensure a Supervisor responds and evaluates the circumstances surrounding the incident, and follows the appropriate procedures (c)Review the Use of Force Report and other applicable police reports Huntington Beach Police Department Huntington Beach PD Policy Manual Use of Force Copyright Lexipol, LLC 2023/05/02, All Rights Reserved. Published with permission by Huntington Beach Police Department Use of Force - 8 (d)Identify any training issues and/or recommend corrective measures in situations where actions, or failure to act would not normally rise to the level of misconduct 300.5.3 TRAINING UNIT RESPONSIBILITY The Training Unit supervisor shall be responsible for maintaining a filing system for Use of Force Reports and shall review each report to identify potential trends or training issues. Reports shall be kept for a minimum of five years, or until the disposition of all related legal actions. 300.5.4 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE Statistical data regarding all officer-involved shootings and incidents involving use of force resulting in serious bodily injury is to be reported to the California Department of Justice as required by Government Code § 12525.2. See the Records Bureau Policy. 300.6 MEDICAL CONSIDERATIONS Once it is reasonably safe to do so, properly trained officers should promptly provide or procure medical assistance for any person injured or claiming to have been injured in a use of force incident (Government Code § 7286(b)). Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs of physical distress, who has sustained visible injury, expresses a complaint of injury or continuing pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after an encounter should be continuously monitored until the individual can be medically assessed. Based upon the officer's initial assessment of the nature and extent of the subject's injuries, medical assistance may consist of examination by fire personnel, paramedics, hospital staff, or medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practicable, should be witnessed by another officer and/or medical personnel. If a recording is made of the contact or an interview with the individual, any refusal should be included in the recording, if possible. The on-scene supervisor or, if the on-scene supervisor is not available, the primary handling officer shall ensure that any person providing medical care or receiving custody of a person following any use of force is informed that the person was subjected to force. This notification shall include a description of the force used and any other circumstances the officer reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration). Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain, or who require a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden death. Calls involving these persons should be considered medical emergencies. Officers who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away if appropriate. See the Medical Aid and Response Policy for additional guidelines. Huntington Beach Police Department Huntington Beach PD Policy Manual Use of Force Copyright Lexipol, LLC 2023/05/02, All Rights Reserved. Published with permission by Huntington Beach Police Department Use of Force - 9 300.7 SUPERVISOR RESPONSIBILITY A supervisor should respond to any reported use of force, if reasonably available. The responding supervisor is expected to (Government Code § 7286(b)): (a)Obtain the basic facts from the involved officers. Absent an allegation of misconduct or excessive force, this will be considered a routine contact in the normal course of duties. (b)Ensure that any injured parties are examined and treated. (c)When possible, separately obtain a recorded interview with the subject upon whom force was applied. If this interview is conducted without the person having voluntarily waived his/her Miranda rights, the following shall apply: 1.The content of the interview should not be summarized or included in any related criminal charges. 2.The fact that a recorded interview was conducted should be documented in a property or other report. 3.The recording of the interview should be distinctly marked for retention until all potential for civil litigation has expired. (d)Once any initial medical assessment has been completed or first aid has been rendered, ensure that photographs have been taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas. These photographs should be retained until all potential for civil litigation has expired. (e)Identify any witnesses not already included in related reports. (f)Review and approve all related reports. (g)Determine if there is any indication that the subject may pursue civil litigation. 1.If there is an indication of potential civil litigation, the supervisor should complete and route a notification of a potential claim through the appropriate channels. (h)Evaluate the circumstances surrounding the incident and initiate an administrative investigation if there is a question of policy non-compliance or if for any reason further investigation may be appropriate. In the event that a supervisor is unable to respond to the scene of an incident involving the reported application of force, the supervisor is still expected to complete as many of the above items as circumstances permit. It is recognized, in crowd control and riotous situations, slight digression from this procedure is acceptable. 300.7.1 WATCH COMMANDER RESPONSIBILITY The Watch Commander shall review each use of force by any personnel within his/her command to ensure compliance with this policy. Huntington Beach Police Department Huntington Beach PD Policy Manual Use of Force Copyright Lexipol, LLC 2023/05/02, All Rights Reserved. Published with permission by Huntington Beach Police Department Use of Force - 10 300.8 USE OF FORCE ANALYSIS At least annually, the Administrative Operations Bureau Training Unit Sergeant should review all use of force incidents. This review is to identify: (a)Any trends in the use of force by members. (b)Training needs and recommendations. (c)Equipment needs and recommendations. (d)Policy revision recommendations. Any trends or department recommendations identified by the Training Unit should be submitted, through the chain of command, to the Chief of Police for review in memo form. The memo should not contain the names of officers, suspect or case numbers. 300.9 USE OF FORCE COMPLAINTS The receipt, processing, and investigation of civilian complaints involving use of force incidents should be handled in accordance with the Personnel Complaints Policy (Government Code § 7286(b)). 300.10 POLICY REVIEW The Chief of Police or the authorized designee should regularly review and update this policy to reflect developing practices and procedures (Government Code § 7286(b)). 300.11 POLICY AVAILABILITY The Chief of Police or the authorized designee should ensure this policy is accessible to the public (Government Code § 7286(c)). 300.12 PUBLIC RECORDS REQUESTS Requests for public records involving an officer’s personnel records shall be processed in accordance with Penal Code § 832.7 and the Personnel Records and Records Maintenance and Release policies (Government Code § 7286(b)). City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-434 MEETING DATE:6/6/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Chau Vu, Acting Director of Public Works PREPARED BY:Chris Davis, Senior Management Analyst Subject: Approve and authorize execution of a Professional Services Contract in the amount of $1,350,000 over 3 years with Enterprise Automation to provide On Call Engineering Services for Water and Wastewater SCADA Systems Statement of Issue: Submitted for City Council approval is a professional services contract with Enterprise Automation to provide on-call services for the Public Works Utilities Division Supervisory Control and Data Acquisition (SCADA) systems, which monitor and control the water, flood control and wastewater systems. Financial Impact: Funding for Year 1 in the amount of $450,000 is included in the proposed Fiscal Year 2023/24 Budget with $200,000 budgeted in the Water Fund Technology Business Unit 50685807.69365; $150,000 in the Water Fund Engineering Business Unit 50685201.69365; and $100,000 in the Sewer Service Fund Technology Business Unit 50685301.69365. Funding for the remaining two years of the three- year agreement will be included in subsequent budget submittals. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the “Professional Services Contract Between the City of Huntington Beach and Enterprise Automation for On-Call Engineering Services for Water and Wastewater SCADA Services. Alternative Action(s): Do not approve the Professional Services Contract and direct staff accordingly. If the contract is not approved, the City’s SCADA system would become out of date. This could result in the inability of staff to respond to system issues in a timely manner. It could also necessitate the hiring of staff to perform functions that would otherwise be automated or additional trained technical staff to operate the SCADA system. City of Huntington Beach Printed on 6/1/2023Page 1 of 2 powered by Legistar™ File #:23-434 MEETING DATE:6/6/2023 Analysis: The City’s SCADA systems monitor and control the water, wastewater and flood control systems. The consultant will provide as-needed programming and engineering services related to managing, maintaining and upgrading the SCADA systems for a three-year term. On-call services include design and programming assistance with SCADA reports, ongoing security updates and periodic security audits, implementation of SCADA system virtualization, system functional upgrades and other tasks as required. A Request for Proposals was released on January 23, 2023 and bids were due by February 13, 2023. There were a total of 831 vendors who were notified. Of that number , 58 vendors looked at the bid, and one submitted a proposal. Staff reached out to 4 other vendors on that list who could provide services. Only one of the vendors responded and informed staff that they do not have the capacity at their firm to provide the services requested. Staff reviewed the Enterprise Automation proposal and found that it met or exceeded all of the City’s requirements. They are a local Orange County company offering all phases of control systems integration. Services include SCADA configuration, data network design, testing, start up and training, operation and maintenance documentation, design consultation, specification development, panel design, and programmable logic controller programming. Enterprise Automation has provided on-call SCADA services for the City for the past 10 years. Enterprise Automation has a local facility that currently houses the City’s SCADA system in a virtual server for off-site testing and development, and serves as one of the back-up copies for disaster recovery. Staff is recommending the City Council approve a three-year contract with Enterprise Automation through 2026. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1.Professional Services Contract Between the City of Huntington Beach and Enterprise Automation for On-Call Engineering Services for Water and Wastewater SCADA Services. 2.PowerPoint Presentation City of Huntington Beach Printed on 6/1/2023Page 2 of 2 powered by Legistar™ Water & Wastewater SCADA Systems Professional Services Contract June 6, 2023 Background The City of Huntington Beach's Water Division upgraded its SCADA system in 2000 and again in 2010 to improve flexibility, the user interface, and backup redundancy. Wastewater System added in 2008 In 2014, both the water and wastewater computer systems were put on a virtual computer system with upgraded Wonderware software, and in 2015 the wastewater communication network was switched to a cellular wireless network. The current SCADA system remotely manages 9 Ground Water Wells, 4 Potable Water Reservoirs, 3 Booster Stations, 9 West Orange County Board Import Water Feeder Facilities, 15 Flood Control Pumping Facilities, and 27 Sewer Lift Stations. FUNDING/SCHEDULE • Three Year Agreement with ability to extend by two one-year amendments • Funding shared between three funds: Water Fund: $200,000 Engineering Fund: $150,000 Sewer Service Fund: $100,000 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-437 MEETING DATE:6/6/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Chau Vu, Acting Director of Public Works PREPARED BY:William Janusz, Principal Civil Engineer Subject: Accept bid and authorize execution of a construction contract with Crosstown Electrical & Data, Inc. in the amount of $445,480.00 for the construction of fiber optic communications along Garfield Avenue (CC-1682), and authorize change orders (as needed) not to exceed 15 percent Statement of Issue: On April 4,2023,bids were opened for the construction of fiber optic communications along Garfield Avenue from the City Utility Yard located at the intersection of Garfield Avenue and Huntington Street to the intersection of Garfield Avenue and Newland Street.City Council action is requested to award the construction contract to Crosstown Electrical &Data,Inc.,the lowest responsive and responsible bidder. Financial Impact: The engineers cost estimate for this project is $544,000.Funds in the amount of $464,000 are budgeted in the Infrastructure Fund business unit 31490021 and $80,000 in the Infrastructure Fund business unit 31440005. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Crosstown Electrical & Data, Inc., in the amount of $445,480.00; and, B)Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C)Authorize the Director of Public Works to execute change orders not to exceed a total of 15 percent of the construction costs, or $66,822. Alternative Action(s): Reject all bids and provide staff with alternative direction. City of Huntington Beach Printed on 6/1/2023Page 1 of 3 powered by Legistar™ File #:23-437 MEETING DATE:6/6/2023 Analysis: The Public Works Department has identified the need to provide a fiber optic connection along Garfield Avenue to connect the existing fiber optic corridors along Newland Street and Huntington Street.This 144-strand of fiber optic cable will provide a critical system redundancy for the north side of the City and also bring additional traffic signals into direct communication with the Traffic Management Center located at City Hall.This project is funded in the Fiscal Year 2022/2023 Capital Improvement Program. A complete set of plans and specifications are available for review at the Public Works counter during normal business hours. Bids were opened on April 4, 2023 and are listed in ascending order: Bidder Submitted and Verified Bid 1 Crosstown Electrical & Data, Inc.$445,480.00 2 Baker Electric, Inc.$475,297.00 3 Elecnor Belco Electric, Inc.$510,274.00 4 Select Electric, Inc.$525,750.00 5 Asplundh Construction, LLC $529,265.00 6 DBX, Inc.$541,000.00 7 HP Communications, Inc.$543,967.50 8 International Line Builders, Inc.$562,834.00 The total cost of the project is $544,000 as outlined below: Bid $445,480.00 15% Construction Contingency $ 66,822.00 Construction Administration $ 31,698.00 TOTAL $544,000.00 Staff is requesting that the Director of Public Works be given authorization to approve change orders (as needed)on this project up to 15 percent of the construction bid rather than the standard 10 percent.This request is based upon the fact that the work on this project is highly specialized,the work is almost all underground conduit and cable installation with higher risks of unidentified utility conflicts,and there have been significant fluctuations in material costs and availability that could result in additional project costs. CIAB/Public Works Commission Action: The CIAB/Public Works Commission recommended this project on August 17, 2022 by a vote of 6-0- 5 (Ferlita, Johnson, Nguyen, Schlosser and Taylor absent). City of Huntington Beach Printed on 6/1/2023Page 2 of 3 powered by Legistar™ File #:23-437 MEETING DATE:6/6/2023 Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15301 (c). Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1.Project Location Map 2.PowerPoint City of Huntington Beach Printed on 6/1/2023Page 3 of 3 powered by Legistar™ Fiber Optic Installation Garfield Avenue 6/6/2023 Project Scope •Installation of Fiber Optic Cable and Conduit •Along Garfield Avenue from the Utility Yard to Newland Street •Connects to Existing Fiber at Utility Yard and along Newland Street •Additional Traffic Signals Communicating with City Hall TMC •Delaware Street •Florida Street •Communication Redundancy •Completes Fiber Optic Loop from City Hall to Warner Avenue •Redundancy to City Yard and Central Library Project Budget •Construction Cost Estimate •Contractor’s Bid $445,480 •15% Contingency $ 66,822 •Construction Administration $ 31,698 •TOTAL $544,000 •Infrastructure Fund Project Location City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-447 MEETING DATE:6/6/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Chau Vu, Acting Director of Public Works PREPARED BY:William Janusz, Principal Civil Engineer Subject: Accept bid and authorize execution of a construction contract with International Line Builders, Inc. in the amount of $250,656.00 for the construction of Fiber Optic Communications to the Oak View Community Center and water well, CC-1636 and authorize change orders not to exceed 15 percent Statement of Issue: On March 28, 2023, bids were opened for the construction of fiber optic communications to the Oak View Community Center located at the intersection of Oak Lane and Mandrell Drive. City Council action is requested to award the construction contract to International Line Builders, Inc., the lowest responsive and responsible bidder. Financial Impact: The engineer’s cost estimate for this project is $304,000. Funds in the amount of $292,596 are budgeted in the Infrastructure Fund business unit 31440005. The remaining funds of $11,404 are budgeted in Water Fund business unit 50685201. Recommended Action: A)Accept the lowest responsive and responsible bid submitted by International Line Builders, Inc. in the amount of $250,656.00; and, B)Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and C)Authorize the Director of Public Works to execute change orders not to exceed a total of 15 percent of the construction contract, or $37,598. Alternative Action(s): Reject all bids, and provide staff with alternative direction. City of Huntington Beach Printed on 6/1/2023Page 1 of 3 powered by Legistar™ File #:23-447 MEETING DATE:6/6/2023 Analysis: The Information Services Department, in consultation with the Public Works Department, identified the need to develop a fiber optic connection between City Hall and the Oak View Community Center. With existing fiber optic infrastructure in place along Warner Avenue, the connection to the Oak View Community Center will require the installation of 144 strand single mode fiber optic cable and conduit from the intersection of Warner Avenue and Ash Lane to the intersection of Oak Lane and Mandrell Drive, adjacent to the Oak View Community Center. This project will also include a connection to a City well site located on Oak Lane south of Warner Avenue. This project will install conduit to the building site, with adequate fiber optic cable coiled within the adjacent pull boxes in order to serve the community center building when the building construction activities are complete. A complete set of plans and specifications are available for review at the Public Works counter located on the first floor of the Civic Center during normal business hours. This project was originally funded in the 2021/2022 Capital Improvement Program. A construction contract was awarded by the City Council on May 17, 2022; however the contract was subsequently terminated due to issues with clarity regarding the scope of work prior to the start of construction. This project was advertised again for competitive bids, which were opened on March 28, 2023. The bids are listed in ascending order: Bidder Submitted and Verified Bid 1 International Line Builders, Inc.$250,656.00 2 DBX, Inc.$252,165.00 3 Elecnor Belco Electric, Inc.$295,870.00 The total cost of this project is $304,000 as outlined below: Bid $250,656.00 15% Construction Contingency $ 37,598.00 Construction Administration $ 15,746.00 TOTAL $304,000.00 Staff is requesting that the Director of Public Works be given authorization to approve change orders on this project up to 15 percent of the construction bid rather than the standard 10 percent. This request is based upon the fact that the work on this project is highly specialized and the contract is relatively small compared with a typical construction contract. CIAB/Public Works Commission Action: The CIAB/Public Works Commission recommended this project on February 16, 2022 by a vote of 7- 0-4 (Cicerone, Ferlita, Nguyen and Schlosser absent). Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15301 (c). City of Huntington Beach Printed on 6/1/2023Page 2 of 3 powered by Legistar™ File #:23-447 MEETING DATE:6/6/2023 Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1.Location Map 2.PowerPoint Presentation City of Huntington Beach Printed on 6/1/2023Page 3 of 3 powered by Legistar™ Fiber Optic Installation Oak View 6/6/2023 Project Scope •Installation of Fiber Optic Cable and Conduit •Along Warner Avenue from Oak Lane to Ash Lane •Along Oak Lane from Warner Avenue to Mandrell Drive •Connects to City’s existing fiber optic network along Warner Avenue •Connects City Facilities with City Hall •Oak View Community Center •City of Huntington Beach Well #3 (on Oak Lane s/o Warner Avenue) •Future connection to Oak View Branch Library •Identified in Fiber and Communications Master Plan Project Budget •Construction Cost Estimate •Contractor’s Bid $250,656 •15% Contingency $ 37,598 •Construction Administration $ 15,746 •TOTAL $304,000 •Funding •Infrastructure $292,596 •Water $ 11,404 Project Location City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-460 MEETING DATE:6/6/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Chau Vu, Acting Director of Public Works PREPARED BY:William Janusz, Principal Civil Engineer Subject: Accept bid and authorize execution of a construction contract with Crosstown Electrical & Data, Inc., in the amount of $625,650 for the construction of fiber optic communications along Gothard Street (CC-1692), issuance of change orders not to exceed 15 percent (as needed), and the appropriation of $149,805 from the undesignated Traffic Impact Fee fund balance Statement of Issue: On May 8,2023,bids were opened for the fiber optic communications capital improvement project along Gothard Street from Edinger Avenue to Warner Avenue.City Council action is requested to award the construction contract to Crosstown Electrical &Data,Inc.,the lowest responsive and responsible bidder. Financial Impact: The engineer’s cost estimate for this project is $750,000.Funds in the amount of $536,000 are budgeted in the Infrastructure Fund business unit 31490021 and $64,195 in the Infrastructure Fund business unit 31440005.Staff is requesting that City Council authorize appropriating the remaining project amount of $149,805 from the undesignated Traffic Impact Fee Fund Balance to Account Number 20685201.82700. Recommended Action: A)Accept the lowest responsive and responsible bid submitted by Crosstown Electrical & Data, Inc., in the amount of $625,650.00; and, B)Appropriate $149,805 of undesignated Traffic Impact Fee balance to Traffic Impact Fee account 20685201.82700; and, C)Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, D)Authorize the Director of Public Works to execute change orders (as needed) not to exceed a City of Huntington Beach Printed on 6/1/2023Page 1 of 3 powered by Legistar™ File #:23-460 MEETING DATE:6/6/2023 total of 15 percent of the construction contract, or $93,848. Alternative Action(s): Reject all bids and provide staff with alternative direction. Analysis: The FY 2022/2023 Capital Improvement Program identified Gothard Street between Edinger Avenue and Warner Avenue for the installation of fiber optic cable and conduit. This fiber optic cable consisting of 144 strands will connect the fiber optic cable currently being installed along Edinger Avenue with the existing fiber running along Warner Avenue. This project will provide network redundancy to maintain communications in the case of a break in the existing fiber network. This project will also provide a fiber optic connection to the Murdy Fire Station and the traffic signal at the intersection of Gothard Street and Heil Avenue. A complete set of plans and specifications are available for review at the Public Works counter during normal business hours. Bids were opened on May 8, 2023 and are listed in ascending order: Bidder Submitted and Verified Bid 1 Crosstown Electrical & Data, Inc.$625,650.00 2 DBX, Inc.$684,450.00 3 Select Electric, Inc.$697,975.00 4 International Line Builders, Inc.$724,936.00 5 Elecnor Belco Electric, Inc.$754,465.00 6 Ferreira Construction Co. Inc. dba Ferreira Costal Construction $755,921.00 7 Comet Electric, Inc.$790,494.00 The total cost of the project is $750,000 as outlined below: Bid $625,650.00 15% Construction Contingency $ 93,848.00 Construction Administration $ 30,502.00 TOTAL $750,000.00 Staff is requesting that the Director of Public Works be given authorization to approve change orders (as needed) on this project up to 15 percent of the construction bid rather than the standard 10 percent. This request is based upon the fact that the work on this project is highly specialized, the work is almost all underground conduit and cable installation with higher risks of unidentified utility conflicts, and there have been significant fluctuations in material costs and availability that could result in additional project costs. CIAB/Public Works Commission Action: City of Huntington Beach Printed on 6/1/2023Page 2 of 3 powered by Legistar™ File #:23-460 MEETING DATE:6/6/2023 The CIAB/Public Works Commission recommended this project on April 19, 2023 by a vote of 7-0. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15301 (c). Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1.Project Location Map 2.PowerPoint Presentation City of Huntington Beach Printed on 6/1/2023Page 3 of 3 powered by Legistar™ Fiber Optic Installation Gothard Street 6/6/2023 Project Scope •Installation of Fiber Optic Cable and Conduit •Along Gothard Street from Edinger Avenue to Warner Avenue •Connects to fiber being installed on Edinger and existing fiber on Warner •Additional Signals/Facilities Communicating with City Hall •Gothard Street and Heil Avenue traffic signal •Murdy Fire Station •Communication Redundancy •Completes Fiber Optic Loop from City Hall to Edinger Avenue Project Budget •Construction Cost Estimate •Contractor’s Bid $625,650 •15% Contingency $ 93,848 •Construction Administration $ 30,502 •TOTAL $750,000 •Project Funding •$600,195 from the Infrastructure Fund •$149,805 is requested to be appropriated from the Traffic Impact Fee Fund Project Location City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-461 MEETING DATE:6/6/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Chau Vu, Acting Director of Public Works PREPARED BY:Ken Dills, Administrative Services Manager Subject: Approve the Infrastructure Fund Annual Report for FY 2021/22 Statement of Issue: The City Charter requires an annual review and performance audit of the Infrastructure Fund, and a report of the findings to the City Council prior to adoption of the following fiscal year budget. This review covers the fiscal year (FY) 2021/22. Financial Impact: Not applicable with this action. Recommended Action: Approve the Infrastructure Fund Annual Report for FY 2021/22. Alternative Action(s): Instruct staff to make revisions and resubmit at a later date. Analysis: The Infrastructure Fund was established in 2002 by City Charter Section 617(c), which states that the City Council must establish the Citizens Infrastructure Advisory Board (CIAB) to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council. Per the City Charter, the Infrastructure Fund is designated for the sole purpose of infrastructure expenditures. “Infrastructure” is defined in the Charter as “long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years. They include storm drains, storm water pump stations, alleys, streets, highways, curbs and gutters, sidewalks, bridges, street trees, landscaped medians, parks, beach facilities, playgrounds, traffic City of Huntington Beach Printed on 6/1/2023Page 1 of 3 powered by Legistar™ File #:23-461 MEETING DATE:6/6/2023 signals, streetlights, block walls along arterial highways, and all public buildings and public ways.” Infrastructure expenditures are defined as “direct costs related to infrastructure improvements or maintenance, including construction, design, engineering, project management, inspection, contract administration and property acquisition.” The single substantial revenue source to the fund is unassigned fund balance in the General Fund per the Financial Policy adopted in FY 2006/07 and revised in FY 2009/10. The policy states that 50% of the unassigned fund balance will be allocated to the General Fund Pension Stabilization Reserve, of which 25% is assigned to the Economic Uncertainties Reserve, 12.5% to the Infrastructure Fund, and 12.5% to the Capital Improvement Reserve. Beginning in FY 2017/18, Capital Improvement Program (CIP) projects previously budgeted in the General Fund were instead budgeted in the Infrastructure Fund with an accompanying General Fund transfer. Transfers in FY 2020/21 totaled $14,050,000 to fund infrastructure improvements and maintenance. Interest and market adjustments totaled $31,504. Other revenue included a maintenance agreement reimbursement of $10,728 and paving project reimbursement totaling $209,006 from the City of Fountain Valley. Total revenue was $14,301,238. Expenditures for the year totaled $10,881,530. The fund balance at year’s end (June 30, 2022) was $20,484,131. Additional details are available in the Infrastructure Fund Annual Report (see attachment 1). Infrastructure Fund 2021/22 Fund Balance 7/1/2021 $17,064,423 Revenues: General Fund Transfer $14,050,000 Interest and Market Adjustments$31,504 Maintenance Reimbursement $10,728 Paving Project Reimbursement $209,006 Total Revenue $14,301,238 Total Expenditures $10,881,530 Fund Balance 6/30/22 $20,484,131 Citizens Infrastructure Advisory Board Action/Public Works Commission Action:The annual Infrastructure Fund Report was recommended for City Council consideration at the May 17, 2023 meeting of the Citizens Infrastructure Advisory Board/Public Works Commission by a vote of 5-0-2 (Michalski and Rivas absent). Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Infrastructure & Parks City of Huntington Beach Printed on 6/1/2023Page 2 of 3 powered by Legistar™ File #:23-461 MEETING DATE:6/6/2023 Attachment(s): 1.Infrastructure Fund Annual Report 2021/22 2.PowerPoint Presentation City of Huntington Beach Printed on 6/1/2023Page 3 of 3 powered by Legistar™ FY 2021/23 Infrastructure Fund Annual Report June 6, 2023 Infrastructure Fund FY 2021/22 •Section 617 (c) of the City Charter requires that the Citizens Infrastructure Advisory Board conduct an annual review and performance audit of the Infrastructure Fund and reports its findings to the City Council prior to the adoption of the following fiscal year budget. •The Citizens Infrastructure Advisory Board/Public Works Commission reviewed and recommended Council approval of the Infrastructure Fund Report for Fiscal Year 2021/22 on May 18, 2023 •The report covers July 1, 2021 to June 30, 2022 Infrastructure Fund FY 2021/22 •Fund Balance •Fund Balance 7/1/21 $17,064,423 •Revenue 2021/22 $14,301,238 •Expenditures 2021/22 $10,881,530 •Fund Balance 6/30/22 $20,484,131 •Revenue $14,301,238 •General Fund Transfer - $14,050,000 •$31,504 in interest and market adjustments •$10,728 in maintenance reimbursements •$209,006 paving reimbursement from the City of Fountain Valley Infrastructure Fund FY 2021/22 •Expenditures - $10,881,530 •Infrastructure Projects - $1,072,033 •Central Park Projects - $67,429 •20-21 Projects - $476,305 •21-22 Projects - $4,416,337 •Main Promenade Parking - $169,314 •Maintenance and Design - $4,089,577 •Heil Pump Station - $43,323 •Atlanta Avenue Widening - $8,667 •Arterial Rehabilitation - $266,750 •Rodgers Senior Center - $265,825 •Bluff Top Park Improvements - $5,970 Questions? City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-463 MEETING DATE:6/6/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Chau Vu, Acting Director of Public Works PREPARED BY:William Janusz, Principal Civil Engineer Subject: Accept bid and authorize execution of a construction contract with Elecnor Belco Electric, Inc. in the amount of $145,763 for the construction of Fiber Optic Communications to the Central Library, CC-1722, and authorize change orders not to exceed 15 percent Statement of Issue: On May 8, 2023, bids were opened for the construction of fiber optic communications to the Huntington Beach Central Library located at 7111 Talbert Avenue. City Council action is requested to award the construction contract to Elecnor Belco Electric, Inc., the lowest responsive and responsible bidder. Financial Impact: The engineer’s construction cost estimate for this project is $184,000. Funds in the amount of $93,185 are budgeted in the Public Education and Government Access (PEG) funds business unit 24385101. Staff is requesting that City Council authorize funding the remaining project amount of $90,815 with additional PEG funds. Recommended Action: A)Accept the lowest responsive and responsible bid submitted by Elecnor Belco Electric, Inc. in the amount of $145,763; and, B)Appropriate $90,815 of undesignated Public Education and Government Access (PEG) funds to PEG fund business unit 24385101.82800; and, C)Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, D)Authorize the Director of Public Works to execute change orders not to exceed a total of 15 percent of the construction contract, or $21,864. City of Huntington Beach Printed on 6/1/2023Page 1 of 3 powered by Legistar™ File #:23-463 MEETING DATE:6/6/2023 Alternative Action(s): Reject all bids, and provide staff with alternative direction. Analysis: The Central Library was identified in the Fiscal Year 2022/2023 Capital Improvement Program (CIP) for the installation of fiber optic cable. The 144 strand single mode fiber optic cable will connect Huntington Beach City Hall with the Central Library, greatly improving the speed and reliability of communications between these two City facilities. The cable will be installed in new underground conduit from the existing fiber optic cable running along Goldenwest Street to the south side of the library building. The cable will enter the building and run internally within the building to the computer room on the north side of the library building. A complete set of plans and specifications are available for review at the Public Works counter during normal business hours. Bids were opened on May 8, 2023 and are listed in ascending order: Bidder Submitted and Verified Bid 1 Elecnor Belco Electric, Inc.$145,763.00 2 DBX, Inc.$169,400.00 3 Ferreira Construction Co. Inc. dba Ferreira Coastal Construction $203,121.00 4 Comet Electric, Inc.$214,545.00 5 Crosstown Electrical & Data, Inc.$276,660.00 The total cost of the project is $184,000 as outlined below: Bid $145,763.00 15% Construction Contingency $ 21,864.00 Construction Administration $ 16,373.00 TOTAL $184,000.00 Staff is requesting that the Director of Public Works be given authorization to approve change orders on this project up to 15 percent of the construction bid rather than the standard 10 percent. This request is based upon the fact that the work on this project is highly specialized and the contract is relatively small compared with a typical construction contract. CIAB/Public Works Commission Action: The CIAB/Public Works Commission recommended this project on March 15, 2023 by a vote of 5-0-2 (Michalski and Villa absent). Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15301 (c). City of Huntington Beach Printed on 6/1/2023Page 2 of 3 powered by Legistar™ File #:23-463 MEETING DATE:6/6/2023 Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1.Location Map 2.PowerPoint Presentation City of Huntington Beach Printed on 6/1/2023Page 3 of 3 powered by Legistar™ Fiber Optic Installation Central Library 6/6/2023 Project Scope •Installation of Fiber Optic Cable and Conduit •From the intersection of Goldenwest Street and the library driveway to the southwest corner of the library building •Inside of building to computer room •Connects Central Library with City Hall •Improved speed and reliability •Identified in Fiber and Communications Master Plan Project Budget •Construction Cost Estimate •Contractor’s Bid $145,763 •15% Contingency $ 21,864 •Construction Administration $ 16,373 •TOTAL $184,000 •Public Education and Government Access Funds (PEG) Project Location City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-481 MEETING DATE:6/6/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Sunny Han, Acting Chief Financial Officer PREPARED BY:Serena Bubenheim, Acting Assistant Chief Financial Officer Subject: Consider Adopting Resolution No.2023-24 to Adopt a Budget for the City for Fiscal Year 2023/2024 and Authorize the Corresponding Appropriation and Transfer of $4.9 Million of AES Reserves and $3.9 Million of Equipment Replacement Reserves and Return to a 12-year Paving Cycle;Resolution No.2023-25 Establishing the Gann Appropriation Limit for Fiscal Year 2023/2024;Resolution No.2023-23 Levying a Retirement Property Tax for Fiscal Year 2023/2024 to Pay for Pre-1978 Employee Retirement Benefits;Resolution No.2023-27 Amending the City’s Classification Plan by Adding the Classifications of Graphic Designer, Multimedia Officer,and Municipal Records Manager;Resolution No.2023-28 to Adopt a Revised General Fund Reserve Policy;Resolution No.2023-26 Acknowledging Receipt of a Report Made by the Fire Chief of the Huntington Beach Fire Department Regarding the Inspection of Certain Occupancies Required to Perform Annual Inspections in such Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code;Approve and Authorize the execution of Amendment No.2 to the Agreement between the City of Huntington Beach and Mind OC for Pilot Mobile Crisis Response Program;and Approve and Authorize the Execution of Professional Services Contract between the City of Huntington Beach and National Council for Community Development (NDC)for Technical Assistance Services Statement of Issue: The City Charter of the City of Huntington Beach requires a Public Hearing prior to the adoption of the City’s annual budget.The City Charter further requires adoption of the annual budget by June 30, 2023, for Fiscal Year (FY) 2023/24. Financial Impact: Proposed Budget:The Fiscal Year 2023/24 Proposed Budget is structurally balanced.The All Funds Proposed Budget equals $508.8 million.The General Fund Proposed Budget totals $285.6 million,with the planned use of $8.8 million in General Fund reserves.Individual departmental and fund-level appropriations are contained in the attachments herein. City of Huntington Beach Printed on 6/1/2023Page 1 of 10 powered by Legistar™ File #:23-481 MEETING DATE:6/6/2023 Employee Tax Override:Pursuant to Chapter 3.07 of the Municipal Code,the Proposed Budget for Fiscal Year 2023/24 assumes the continuation of the Retirement Tax Cap of $0.01500 per $100 of assessed value.As of the most recent audited financial statements,this tax rate resulted in $7.9 million in revenue in Fiscal Year 2021/22.This recurring revenue source is included in the Proposed FY 2023/24 Budget. Update to the City’s General Fund Reserve Balance Policy:The City desires to maintain a prudent level of reserves and the Government Finance Officers Association (GFOA)recommends a minimum of two months of operating expenditures be set aside for unforeseen events.Staff is recommending consolidating certain General Fund Assignments into the Economic Uncertainties Reserve in order to meet the two-month reserve requirement.Additionally,staff is recommending strengthening the City’s Reserve policy to ensure that funds are set aside systematically and used only when truly necessary. Mind OC Contract Extension:Staff is requesting approval to amend the professional services contract with Mind OC for the Be Well HB mobile crisis response program.The City has been awarded federal and state grants (U.S.Department of Health and Human Services and California Dept.of Health Care Services)to offset the cost of the program for FY 2023/24.Funding for future years will be identified in future budgets. National Development Council Contract:Staff is requesting approval to execute a new professional services contract with National Council for Community Development (NDC).Funding for this contract is provided through the annual allocations for the Community Development Block Grant and HOME programs and the Community Development Department’s annual operating budget. Recommended Action: A)Adopt Resolution No. 2023-24, “A Resolution of the City Council of the City of Huntington Beach Adopting a Budget for the City for Fiscal Year 2023/2024” (Attachment 2); and, B)Authorize the Professional Services included in the FY 2023/24 budget to be representative of the services projected to be utilized by departments in FY 2023/24 (Attachment 3); and, C)Authorize the appropriation and transfer of the full balance ($4.9 million) of the AES Reserve from the General Fund to the AES Mitigation Fund 1284; and, D)Authorize the appropriation and transfer of $3,903,803 from the General Fund Equipment Replacement Reserve to the Equipment Replacement Fund 324; and, E)Approve the return to a 12 year paving cycle; and, F)Adopt Resolution No. 2023-25, “A Resolution of the City Council of the City of Huntington Beach Establishing the Gann Appropriation Limit for Fiscal Year 2023/2024” of City of Huntington Beach Printed on 6/1/2023Page 2 of 10 powered by Legistar™ File #:23-481 MEETING DATE:6/6/2023 $1,171,687,773” (Attachment 4); and, G)Adopt Resolution No. 2023-23, “A Resolution of the City Council of the City of Huntington Beach Levying a Retirement Property Tax for Fiscal Year 2023/2024 to Pay for Pre-1978 Employee Retirement Benefits” (Attachment 5); and, H)Adopt Resolution No. 2023-27, “A Resolution of the City Council of the City of Huntington Beach Amending the City’s Classification Plan by Adding the Classifications of Graphic Designer, Multimedia Officer, and Municipal Records Manager” (Attachment 6); and, I)Adopt Resolution No. 2023-28, “A Resolution of the City Council of the City of Huntington Beach Adopting a Revised General Fund Reserve Policy” (Attachment 7) and authorize the City Manager or designee to execute all administrative and budgetary actions necessary to consolidate certain General Fund Assigned Fund Balances to the Economic Uncertainties Reserve in order to meet the City’s two-month Emergency Reserve requirement; and, J)Adopt Resolution No. 2023-26, “A Resolution of the City Council of the City of Huntington Beach, California Acknowledging Receipt of a Report Made by the Fire Chief of the Huntington Beach Fire Department Regarding the Inspection of Certain Occupancies Required to Perform Annual Inspections in such Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code” (Attachment 8); and, K)Approve and authorize the Mayor and City Clerk to execute “Amendment No. 2 to Agreement between the City of Huntington Beach and Mind OC for Pilot Mobile Crisis Response Program” (Attachment 9); and, L)Approve and authorize the Mayor and City Clerk to execute “Professional Services Contract between the City of Huntington Beach and National Council for Community Development (NDC) for Technical Assistance Services” (Attachment 10). Alternative Action(s): A.Instruct City staff regarding changes to be incorporated into the budget and adopt the FY 2023/24 Budget and corresponding actions and resolutions as amended. B.Continue the Public Hearing until June 20, 2023. Analysis: As required by the City Charter,the City Manager submitted the FY 2023/24 Proposed Budget to the City Council on May 7,2023.The Proposed Budget and the Five-Year Capital Improvement Program (CIP) were also discussed at a City Council Study Session held on May 16, 2023. The purpose of the budget study session was to provide the City Council an opportunity to discuss City of Huntington Beach Printed on 6/1/2023Page 3 of 10 powered by Legistar™ File #:23-481 MEETING DATE:6/6/2023 the Proposed Budget with staff before proceeding with the formal Public Hearing on June 6, 2023. Overview Over the past couple years,the City has come together in an extraordinary way to address the fiscal and public health challenges of the COVID-19 pandemic.Through the leadership and support of the City Council,the City implemented significant cost saving measures without reductions in essential service levels,including a Citywide Separation Incentive Program and reorganization plan,and refinancing of the City’s pension debt.As a result of these measures,and numerous other measures taken over the past couple years,we project a $3.8 million dollar General Fund surplus for FY 2022/23. Inclusive of these significant budget measures,the FY 2023/24 Proposed Budget also includes mandated and additional one-time savings to mitigate the City’s rising pension costs;prioritizes improvements to the City’s facilities,roads and parks;incorporates increased funding for critical programs such as Workers’Compensation and General Liabilities;accounts for increases to the City’s contractual obligations and inflationary cost impacts;and includes the addition of 11 positions across various City departments to meet increased demand and bring critical services in-house. The FY 2023/24 Proposed Budget is structurally balanced and totals $508.8 million across All Funds. This reflects a $23.2 million,or 4.4 percent,decrease from the FY 2022/23 Adopted All Funds Budget of $532.0 million.A significant portion of the decrease is due to the one-time redistribution of $29.6 million of American Rescue Plan Act (ARPA)funds to the General Fund in FY 2022/23 for the provision of core governmental services. For FY 2023/24,General Fund revenue is projected at $280.4 million,a $2.8 million,or 1 percent decrease from the FY 2022/23 Adopted Budget.Major sources of General Fund revenue include Property Tax,Sales Tax,Utility Users Tax,and Transient Occupancy Tax,among others.The largest decrease in General Fund revenue is in Non-Operating Revenue,attributable to the one-time transfer of ARPA funds for general governmental services that was included in the FY 2022/23 Adopted Budget.The largest revenue increase is in Property Tax,with expected revenues totaling $104.2 million due to gains in assessed property valuations.Franchise and Utility Users Taxes are anticipated at $33.0 million,a 21.8 percent increase,driven by increases in utility prices including gas and electricity.Charges for Current Services is projected to increase $6.4 million due to increased demand for services,including medical transports,recreation classes and building and planning services. The Proposed General Fund Expenditure Budget totals $285.6 million and is supported by revenues of $280.4 million,plus the one-time use of $8.8 million in General Fund Reserves.Use of reserves include the transfer of $3.9 million from the Equipment Replacement Reserve to the Equipment Replacement Fund for the purchase of critical infrastructure and public safety vehicles and equipment.The full balance of the AES Reserve ($4.9 million)is being transferred to a new AES Mitigation Fund to be used for various Capital Improvement Projects as outlined in the Memorandum of Understanding between the City and AES Southland Development LLC. The Proposed General Fund Budget has no reliance on one-time revenues to fund ongoing operations,which is critical to maintaining the City’s financial viability and success and represents a City of Huntington Beach Printed on 6/1/2023Page 4 of 10 powered by Legistar™ File #:23-481 MEETING DATE:6/6/2023 operations,which is critical to maintaining the City’s financial viability and success and represents a $16.6 million,or 6.2 percent,increase compared to the FY 2022/23 Adopted Budget of $269.0 million. This increase is attributable to higher personnel costs arising from the addition of 11 full time employees,increased Workers’Compensation and overtime costs,and inflationary impacts on normal business activities. The FY 2023/24 Proposed Budget includes 1,002.75 Full Time Equivalents (FTEs);an increase of 11 FTEs across all funds compared to FY 2022/23.The new positions include 1 Deputy Community Prosecutor,2 Senior Deputy City Attorneys and 1 Senior Legal Assistant in the City Attorney’s Office. A Municipal Records Manager is being added to the City Clerk’s Office to assist with the citywide centralization of records management,and 1 Graphic Designer and 1 Multi-Media Officer are proposed to oversee the operations of the City’s Cable “3”Channel,YouTube Channel and online digital content,and to assist with citywide public information materials in the Office of Communications,bringing part of currently contracted services in-house.Three new positions are included in the Community Development Department to provide timely inspection and plan review services and improve long-term service delivery.One HR Analyst is included in Risk Management to support increased workload, mitigate risk and ensure compliance with regulatory requirements. The FY 2023/24 Proposed Budget was carefully prepared to balance immediate priorities along with the need for long-term investments.The Proposed Budget does not include any financial impacts of agreements with bargaining groups that are under consideration by the City;the City Budget will be amended as bargaining group agreements are approved by the City Council.The City Budget reflects the priorities of the City Council and outlines a plan committed to enriching the quality of life for our residents,businesses,and visitors by increasing funding for core services such as public safety, community & library service programs, and improving the City’s infrastructure. Professional Services As established by Administrative Regulation Number 228,each department has submitted a list of professional services that are generally contained in their Proposed Budgets (Attachment 3). Professional services contracts are subject to compliance with Administrative Regulation Number 228 and City Ordinance Chapter 3.03. Paving Cycle In August 2022,staff gave a study session presentation on the Pavement Management Plan (PMP) Overview.At this study session Council provided direction to implement a 9-year zone cycle instead of the previous 12-year zone cycle,of which the last zone of the first 12-year cycle is currently under construction. In working through the CIP process,and working to achieve a balanced budget,staff reviewed the cost/benefit of a 9-year cycle to a 12-year cycle.After this review staff is recommending a 12-year cycle for the following reasons: 1.Over 7 years,the Pavement Classification Index (PCI)would only increase by 1 point (83.4 to 84.4), and both scores are in the “good” condition rating; 2.The construction cost for the 9-zone program totals $2.5 million more annually than the 12- City of Huntington Beach Printed on 6/1/2023Page 5 of 10 powered by Legistar™ File #:23-481 MEETING DATE:6/6/2023 zone program; and 3.The City has seen success with the 12-year zone program which has achieved an overall PCI of 81.6 which indicates the residential streets are currently in “good” condition. Gann Appropriation Limit In November 1979,the California voters approved Article 13B of the State of California Constitution, which allows the City’s spending of tax proceeds to increase only by factors from the base year of 1978-1979.In June 1990,Proposition 111 was passed,which changed the way the limit is calculated and is outlined as follows. The City may increase its limit annually in two ways: ·By a percentage equal to the increase from the preceding year in county or city population (whichever is greater). ·By an amount equal to the change in per capita personal income in California or the change in the assessment roll the preceding year due to the addition of local non-residential new construction (whichever is greater). The proposed appropriation limit for FY 2023/24 was calculated as follows: FY 2022/23 Appropriation Limit $1,126,155,850 Multiplied by percentage grown in State Per Capita Personal Income 1.0444 Multiplied by change in County Population 0.9962 Proposed FY 2023/24 Appropriation Limit $1,171,687,773 Appropriations of revenues controlled by the Gann Limit are primarily in the General Fund.The General Fund proposed appropriation for FY 2023/24 of $285.6 million is significantly below this appropriation limit (Attachment 4). Examples of proceeds of taxes governed by the Gann Appropriation Limit are:property taxes,sales taxes,utility taxes,state subventions,fines,forfeitures,interest revenue on regulatory licenses,user charges,and user fees,to the extent that those proceeds exceed the costs reasonably borne by that entity in providing the regulation, product, or service. Employee Tax Override On July 16,2012,the City Council adopted an ordinance to permanently cap the tax rate at $0.01500 per $100 of assessed valuation.Therefore,the requested tax levy for FY 2023/24 reflects the same tax rate of $0.01500 per $100 of assessed valuation effective in FY 2012/13 pursuant to Chapter 3.07 of the Municipal Code.Fiscal Year 2023/24 will represent the twelfth year of the application of the permanent cap. The current capped Employee Tax Override results in an approximate $75 annual tax levy for a property assessed at $500,000.Revenue generated from this property tax helps the City fund public safety employee pension costs associated with pre-1978 retirement benefit levels.As such,the tax can only pay for the estimated costs associated with the public safety pension benefit formulas in place prior to the enactment of Proposition 13 on July 1,1978.Hence,the tax can only pay for retirement benefits for all retired,current,and future public safety City employees that were City of Huntington Beach Printed on 6/1/2023Page 6 of 10 powered by Legistar™ File #:23-481 MEETING DATE:6/6/2023 retirement benefits for all retired,current,and future public safety City employees that were contracted for prior to July 1,1978 (such as the 2%at 50 benefit formula for Safety employees in place before enactment of Proposition 13). Based on the most recent CalPERS actuarial valuations,the cost of pre-1978 retirement benefit levels for Safety personnel totals $26.1 million.As such,the proposed tax rate is recouping only 27 percent of eligible Safety personnel retirement costs. Due to the County of Orange’s timeline for approving the tax rate and the city’s budget cycle,the rate must be set before the City Council takes action on its annual budget.The recommended assessment rate would maintain essential services for Fiscal Year 2023/24 (Attachment 5). Public Hearing The City Charter requires that a public hearing be conducted on the City budget prior to adoption. Public Hearing notices have been published per City Charter requirements (Attachment 1).At the close of this hearing, all legal requirements for budget adoption will have been met. Update to the General Fund Reserve Policy The City desires to maintain a prudent level of reserves based on the revenue impacts described above and the City's desire to maintain strong bond ratings to minimize borrowing costs.The Government Finance Officers Association (GFOA)recommends a minimum of two months of operating expenditures be set aside for unforeseen events.Cities with robust fiscal reserve policies are more likely to receive improved bond ratings based on higher scores related to financial management policies and improved fund balance reserves. Staff is recommending consolidating certain General Fund Assignments into the Economic Uncertainties Reserve in order to meet the two-month reserve requirement, as listed below: Additionally,staff is recommending:(1)a minimum of 25%of unrestricted one-time revenues would be transferred to the Section 115 Trust,and (2)strengthening the City’s Reserve policy to ensure that funds are set aside systematically and used only when truly necessary and approved by a 6/7th vote of City Council. If Economic Uncertainties Funds are utilized and the level falls below the two-month reserve requirement,the Chief Financial Officer will bring forward a proposed plan to City Council to replenish City of Huntington Beach Printed on 6/1/2023Page 7 of 10 powered by Legistar™ File #:23-481 MEETING DATE:6/6/2023 requirement,the Chief Financial Officer will bring forward a proposed plan to City Council to replenish the fund within three fiscal years. Acknowledge Receipt of Fire Inspections California Health &Safety Code Sections 13146.2 and 13146.3 require all fire departments that provide fire protection services to perform annual inspections in every building used as a public or private school,hotel motel,lodging house,apartment house and certain residential care facilities. These inspections are performed to meet certain building standards.Section 13146.2 of the Code requires departments to report annually to its governing body on its conformance to these requirements.State Senate Bill 1205 requires that effective January 1,2019,the governing body annually adopt a resolution or other formal document certifying that these inspections were completed and that this document be submitted to the State. During calendar year 2022,the Huntington Beach Fire Department completed annual inspections of all buildings referenced under Sections 13146.2 and 13146.3 of the California Health and Safety Code. This includes the following: This represents inspection rate of 100% of all required facilities. In conformance with Senate Bill 1205,staff recommends the adoption of the resolution shown as Attachment 8. Mind OC Contract Extension Since its successful launch in May 2021,Be Well HB,a pilot mobile crisis response program has become a critical City resource to help with a variety of non-emergency public assistance situations such as mental health crisis, addiction, and homelessness. Council approval is requested to extend the contract with the service provider,Mind OC,for an additional three years until June 30,2026 (Attachment 9),with an annual contract amount of not-to- exceed $1.5 million.The cost for FY 2023/24 will be 100%covered by a portion of the $500,000 federal grant from the U.S.Department of Health and Human Services and $1.5 million state grant from the California Dept.of Health Care Services.Funding for the two subsequent years will be incorporated into the respective annual operating budgets and program costs may be reduced or eliminated, contingent upon the funding availability in each given year. National Development Council Contract The National Council for Community Development (NDC)provides technical assistance services for housing and economic development activities for the Community Development Department.An existing three-year contract will expire at the beginning of FY 2023/24.Council approval is requested City of Huntington Beach Printed on 6/1/2023Page 8 of 10 powered by Legistar™ File #:23-481 MEETING DATE:6/6/2023 existing three-year contract will expire at the beginning of FY 2023/24.Council approval is requested for a new two-year agreement until June 30,2025 (Attachment 10)with total compensation not to exceed $156,818.Funding for this contract is incorporated in the Community Development Block Grant and HOME program administrative costs,and the Community Development Department’s annual operating budget.The contract procurement required through Municipal Code 3.03 was completed through an executed interagency agreement with San Joaquin County. Environmental Status: Not applicable Strategic Plan Goal: Community Engagement Homeless Response Economic Development & Housing Infrastructure & Parks Fiscal Sustainability, Public Safety or Other Attachment(s): 1.Public Hearing Notice 2.Resolution No.2023-24,“A Resolution of the City Council of the City of Huntington Beach Adopting a Budget for the City for Fiscal Year 2023/2024” 3.Professional Services included in the Fiscal Year 2023/2024 Budget 4.Resolution No.2023-25,“A Resolution of the City Council of the City of Huntington Beach Establishing the Gann Appropriation Limit for Fiscal Year 2023/2024” 5.Resolution No.2023-23,“A Resolution of the City Council of the City of Huntington Beach Levying a Retirement Property Tax for Fiscal Year 2023/2024 to Pay for Pre-1978 Employee Retirement Benefits” 6.Resolution No.2023-27,“A Resolution of the City Council of the City of Huntington Beach Amending the City’s Classification Plan by Adding the Classifications of Graphic Designer, Multimedia Officer, and Municipal Records Manager” 7.Resolution No.2023-28,“A Resolution of the City Council of the City of Huntington Beach Adopting a Revised General Fund Reserve Policy” 8.Resolution No.2023-26,“A Resolution of the City Council of the City of Huntington Beach, California Acknowledging Receipt of a Report Made by the Fire Chief of the Huntington Beach Fire Department Regarding the Inspection of Certain Occupancies Required to Perform Annual Inspections in such Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code” 9.Amendment No.2 to Agreement between the City of Huntington Beach and Mind OC for Pilot Mobile Crisis Response Program 10.Professional Services Contract between the City of Huntington Beach and National Council for Community Development (NDC) for Technical Assistance Services 11.FY 2023/24 Budget Adoption Presentation City of Huntington Beach Printed on 6/1/2023Page 9 of 10 powered by Legistar™ File #:23-481 MEETING DATE:6/6/2023 City of Huntington Beach Printed on 6/1/2023Page 10 of 10 powered by Legistar™ EXHIBIT AATTACHMENT 2 ***COMPLETE COPY AVAILABLE ON CITY'S WEBSITE*** Fund Title Revenue & Transfers In 100 General Fund 280,396,466 101 Specific Events 748,500 201 Air Quality Fund 250,000 206 Traffic Impact 100,000 207 Gas Tax Fund 3,693,743 210 Sewer 167,310 211 Drainage 200,000 212 Narcotics Forfeiture Federal 175,000 213 Measure M Fund 4,171,189 216 Property and Evidence 50,000 217 Affordable Housing In-Lieu 2,901,400 219 Traffic Congestion Relief 42 1,971,422 226 Quimby Fund 400,000 228 Park Dev Impact Res 750,000 229 Library Development Impact 50,000 233 Housing Residual Receipts 790,201 234 Disability Access Fund 84,000 235 Park Dev Impact Non Res 100,000 236 Public Art in Parks 15,000 239 CDBG 1,171,668 240 HOME 668,370 243 Surf City "3" Cable Channel 490,000 308 In-Lieu Parking Downtown 54,466 314 Infrastructure Fund 15,000,000 322 ELM Automation Fund 400,000 323 Technology Fund 1,000,000 324 Equipment Fund 7,140,581 350 RORF 12,897,830 352 LMIHAF 4,001,050 401 Debt Svc HBPFA 2,967,681 405 Debt Svc Grand Coast CFD 2000-1 1,091,307 408 Debt Svc McDonnell CFD 2002-1 442,692 410 Debt Svc Bella Terra 2,638,306 412 Pension Liability 29,432,240 501 Certified Unified Program Agency 262,500 504 Refuse Collection Service 15,799,711 506 Water 44,783,425 507 Water Master Plan 3,957,600 508 WOCWB 1,557,000 511 Sewer Service Fund 10,747,168 551 Self Insurance Workers' Comp 11,164,142 552 Self Insurance General Liability 11,738,297 703 Retirement Supplement 1,434,000 704 Fire JPA Fund 405,866 709 BID Hotel/Motel 6,632,000 710 BID Downtown 107,000 EXHIBIT B City of Huntington Beach Estimated Revenue and Transfers In Fiscal Year 2023/24 Budget ATTACHMENT 2 Fund Title Revenue & Transfers In EXHIBIT B City of Huntington Beach Estimated Revenue and Transfers In Fiscal Year 2023/24 Budget ATTACHMENT 2 711 Parking Structure-Bella Terra 967,698 712 Parking Structure-Strand 1,550,000 716 Section 115 Trust 2,573,890 807 Energy Efficiency 19,200 963 Sr Mobility Program 356,293 979 AB109 Public Safety Realignment 112,067 984 SLESF Grant 475,000 995 Hwy Safety Improvement Program 675,090 1228 CalRecycle City/County CRV 49,015 1246 CENIC E-Rate 60,000 1247 Arterial Rehabilitation 4,917,993 1283 OCTA Trash Removal Phase II 500,000 1284 AES Mitigation 4,900,000 Total Revenue 502,155,377 Department/Fund Title Appropriations & Transfers Out General Fund (Company 100) City Council 491,444 City Attorney 3,757,580 City Clerk 1,212,310 City Treasurer 1,860,916 City Manager 4,057,778 Community Development 11,003,285 Community & Library Services 15,885,029 Finance 5,458,185 Fire 56,502,971 Human Resources 2,664,343 Information Services 8,230,189 Police 84,590,019 Public Works 24,141,821 Non-Departmental 65,708,370 Sub-Total General Fund 285,564,240 Other Funds (Company Number and Title) 101 Specific Events 748,500 122 Inmate Welfare Fund 40,000 201 Air Quality Fund 387,500 206 Traffic Impact 496,010 207 Gas Tax Fund 3,164,188 210 Sewer 800,000 211 Drainage 424,000 212 Narcotics Forfeiture Federal 175,000 213 Measure M Fund 3,500,516 216 Property and Evidence 100,000 219 Traffic Congestion Relief 42 2,140,000 226 Quimby Fund 554,000 228 Park Dev Impact Residential 522,152 233 Housing Residual Receipts 30,000 234 Disability Access Fund 84,000 239 CDBG 1,560,363 240 HOME 913,370 242 Narcotics Forfeiture - Treasury 160,000 243 Surf City "3" Cable Channel 490,000 308 In-Lieu Parking Downtown 50,000 314 Infrastructure Fund 14,865,028 322 ELM Automation Fund 452,751 324 Equipment Fund 7,140,581 EXHIBIT C City of Huntington Beach Proposed Appropriations & Transfers Out Fiscal Year 2023/24 Budget ATTACHMENT 2 4 of 21 Department/Fund Title Appropriations & Transfers Out EXHIBIT C City of Huntington Beach Proposed Appropriations & Transfers Out Fiscal Year 2023/24 Budget ATTACHMENT 2 Other Funds (Company Number and Title - Continued) 350 RORF 13,029,888 352 LMIHAF 25,000 401 Debt Svc HBPFA 2,967,681 405 Debt Svc Grand Coast CFD 2000-1 1,091,307 408 Debt Svc McDonnell CFD 2002-1 442,692 410 Debt Svc Bella Terra 2,638,306 412 Pension Liability 22,569,835 501 CUPA 259,932 504 Refuse Collection Service 15,704,174 506 Water 52,394,268 507 Water Master Plan 2,723,519 508 WOCWB 857,000 511 Sewer Service Fund 18,474,918 551 Self Insurance Workers' Comp 11,661,463 552 Self Insurance General Liab 10,567,555 702 Retiree Insurance Fund 1,306,975 703 Retirement Supplement 6,371,618 704 Fire JPA Fund 512,530 709 BID Hotel/Motel 6,632,000 710 BID Downtown 107,000 711 Parking Structure-Bella Terra 967,698 712 Parking Structure-Strand 1,644,350 716 Section 115 Trust 75,000 807 Energy Efficiency 18,600 963 Sr Mobility Program 356,293 979 AB109 Public Safety Realignment 95,555 984 SLESF Grant 12/13 450,000 995 Hwy Safety Improvement Program 675,090 1228 CalRecycle City/County CRV 94,397 1234 Sustainable Business Cert Program 36,210 1246 CENIC E-Rate 60,000 1247 Arterial Rehab 4,600,000 1283 OCTA Trash Removal Phase II 500,000 1284 AES Mitigation 4,545,000 Sub-Total Other Funds 223,253,813 Total City Appropriations 508,818,053 5 of 21 DEPARTMENT FY 2020/21 Actual FY 2021/22 Actual FY 2022/23 Adopted FY 2022/23 Revised FY 2023/24 Proposed Change From Prior Year City Council 1.00 1.00 1.00 1.00 1.00 0.00 City Attorney 11.00 11.00 11.00 11.00 15.00 4.00 City Clerk 4.00 4.00 5.00 5.00 6.00 1.00 City Treasurer 1.50 1.50 1.50 9.50 9.50 0.00 City Manager 7.00 8.00 14.00 14.00 16.00 2.00 Community Development 54.00 57.50 57.50 57.50 60.50 3.00 Community & Library Services 60.25 62.25 62.25 62.25 62.25 0.00 Finance 31.50 32.50 34.50 28.50 28.50 0.00 Fire 200.00 201.00 201.00 201.00 201.00 0.00 Human Resources 12.00 13.00 13.00 13.00 14.00 1.00 Information Services 21.00 25.00 25.00 25.00 25.00 0.00 Police 356.00 357.00 353.00 353.00 353.00 0.00 Public Works 199.00 207.00 211.00 211.00 211.00 0.00 Total 958.25 980.75 989.75 991.75 1,002.75 11.00 DEPARTMENT FY 2020/21 Actual FY 2021/22 Actual FY 2022/23 Adopted FY 2022/23 Revised FY 2023/24 Proposed Change From Prior Year City Council 1.00 1.00 1.00 1.00 1.00 0.00 City Attorney 11.00 11.00 11.00 11.00 15.00 4.00 City Clerk 4.00 4.00 5.00 5.00 6.00 1.00 City Treasurer 1.50 1.50 1.50 8.75 8.75 0.00 City Manager 7.00 8.00 14.00 14.00 15.90 1.90 Community Development 49.52 53.02 52.85 52.85 56.52 3.67 Community & Library Services 56.41 58.41 58.50 58.50 59.00 0.50 Finance 29.92 31.10 32.10 26.85 26.85 0.00 Fire 196.20 197.30 197.30 197.30 197.30 0.00 Human Resources 9.40 10.70 10.70 10.70 11.70 1.00 Information Services 21.00 24.47 24.47 24.47 24.47 0.00 Police 353.00 355.00 351.00 351.00 351.00 0.00 Public Works 53.00 55.90 56.40 56.40 58.70 2.30 Total 792.95 811.40 815.82 817.82 832.19 14.38 Note: Reflects the Table of Organization for Fiscal Year 2023/24; however, 12 positions are defunded. EXHIBIT D City of Huntington Beach FY 2023/24 Authorized Full-Time Equivalent Personnel ALL FUNDS GENERAL FUND ATTACHMENT 2ATTACHMENT 2 FY 2020/21 FY 2021/22 FY 2022/23 FY 2022/23 FY 2023/24 Actual Actual Adopted Revised Proposed CITY COUNCIL Senior Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Council Member *5.00 5.00 5.00 5.00 5.00 Mayor *1.00 1.00 1.00 1.00 1.00 Mayor Pro Tempore *1.00 1.00 1.00 1.00 1.00 Total - City Council 8.00 8.00 8.00 8.00 8.00 * Mayor, Mayor Pro Tempore and Council Members are not included in the FTE Count. CITY ATTORNEY Assistant City Attorney 1.00 Chief Assistant City Attorney 2.00 1.00 1.00 1.00 1.00 Chief Litigation Counsel 1.00 1.00 1.00 1.00 City Attorney 1.00 1.00 1.00 1.00 1.00 Deputy City Attorney II 1.00 1.00 1.00 1.00 Deputy Community Prosecutor 1.00 1.00 1.00 1.00 2.00 1 Legal Assistant 2.00 1.00 1.00 1.00 1.00 Senior Deputy City Attorney 3.00 3.00 3.00 3.00 5.00 2 Senior Legal Assistant 1.00 2.00 2.00 2.00 3.00 3 Total - City Attorney 11.00 11.00 11.00 11.00 15.00 CITY CLERK Assistant City Clerk 1.00 1.00 1.00 1.00 1.00 City Clerk 1.00 1.00 1.00 1.00 1.00 Municipal Records Manager 1.00 4 Records Specialist 1.00 1.00 1.00 Senior Deputy City Clerk 2.00 2.00 2.00 2.00 2.00 Total - City Clerk 4.00 4.00 5.00 5.00 6.00 City of Huntington Beach FY 2023/24 Authorized Full-Time Equivalent Personnel All Funds EXHIBIT DATTACHMENT 2 FY 2020/21 FY 2021/22 FY 2022/23 FY 2022/23 FY 2023/24 Actual Actual Adopted Revised Proposed City of Huntington Beach FY 2023/24 Authorized Full-Time Equivalent Personnel All Funds EXHIBIT DATTACHMENT 2 CITY TREASURER Accounting Technician **3.00 3.00 Accounting Technician Supervisor **1.00 1.00 City Treasurer 1.00 1.00 1.00 1.00 1.00 Deputy City Treasurer 1.00 1.00 Senior Accountant **1.00 1.00 Senior Accounting Technician **1.00 1.00 Senior Administrative Assistant 0.50 0.50 0.50 0.50 0.50 Treasury Manager **1.00 1.00 Total - City Treasurer 1.50 1.50 1.50 9.50 9.50 ** Position transferred from the Finance Department to the City Treasurer's Department beginning FY 2022/23 CITY MANAGER Assistant City Manager 1.00 1.00 1.00 1.00 1.00 Assistant to the City Manager 1.00 1.00 1.00 City Manager 1.00 1.00 1.00 1.00 1.00 Council Policy Analyst 1.00 1.00 1.00 1.00 Deputy City Manager 1.00 1.00 Director of Homelessness & Behavioral Health Services ***1.00 1.00 1.00 Executive Assistant to the City Manager 1.00 1.00 1.00 Graphic Designer 1.00 5 Management Aide 1.00 1.00 1.00 1.00 Multi-Media Officer 1.00 6 Principal Management Analyst 2.00 1.00 1.00 1.00 1.00 Public Affairs Manager 1.00 1.00 1.00 1.00 Public Affairs Officer 1.00 1.00 1.00 1.00 1.00 Senior Administrative Assistant 1.00 Social Services Supervisor ***1.00 1.00 1.00 Social Worker ***2.00 2.00 2.00 Volunteer Services Coordinator ***1.00 1.00 1.00 Total - City Manager 7.00 8.00 14.00 14.00 16.00 *** Position transferred from the Police Department to the City Manager's Office beginning FY 2022/23 FY 2020/21 FY 2021/22 FY 2022/23 FY 2022/23 FY 2023/24 Actual Actual Adopted Revised Proposed City of Huntington Beach FY 2023/24 Authorized Full-Time Equivalent Personnel All Funds EXHIBIT DATTACHMENT 2 COMMUNITY DEVELOPMENT Administrative Assistant 2.00 2.00 2.00 2.00 2.00 Deputy Director of Comm Dvlpmt 2.00 2.00 2.00 2.00 2.00 Director of Community Development 1.00 1.00 1.00 1.00 1.00 Management Analyst 1.00 1.00 1.00 1.00 1.00 Principal Management Analyst 1.00 1.00 1.00 1.00 1.00 Senior Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Senior GIS Analyst 1.00 1.00 1.00 1.00 1.00 Subtotal Administration 9.00 9.00 9.00 9.00 9.00 Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Assistant Planner 2.00 2.00 2.00 2.00 2.00 Associate Planner 3.00 4.00 4.00 4.00 4.00 Building Inspection Manager 1.00 1.00 1.00 1.00 Building Inspector 1.00 1.00 1.00 1.00 1.00 Building Official 1.00 1.00 1.00 1.00 1.00 Combination Inspector 1.00 1.00 1.00 1.00 3.00 7 Inspection Supervisor 1.00 Office Assistant II 1.00 1.00 1.00 1.00 Permit & Plan Check Supervisor 1.00 1.00 1.00 1.00 1.00 Permit Technician 1.00 1.00 1.00 1.00 Plan Check Engineer 1.00 1.00 1.00 1.00 2.00 8 Planning Manager 1.00 1.00 1.00 1.00 1.00 Principal Combination Inspector 2.00 2.00 2.00 2.00 2.00 Principal Planner 1.00 1.00 1.00 1.00 1.00 Senior Combination Inspector 6.00 6.00 6.00 6.00 6.00 Senior Permit Technician 4.00 4.00 4.00 4.00 4.00 Senior Planner 2.00 2.00 2.00 2.00 2.00 Subtotal Development Services 28.00 31.00 31.00 31.00 34.00 FY 2020/21 FY 2021/22 FY 2022/23 FY 2022/23 FY 2023/24 Actual Actual Adopted Revised Proposed City of Huntington Beach FY 2023/24 Authorized Full-Time Equivalent Personnel All Funds EXHIBIT DATTACHMENT 2 COMMUNITY DEVELOPMENT (continued) Code Enforcement Manager 1.00 1.00 1.00 1.00 1.00 Code Enforcement Officer 3.00 3.00 3.00 3.00 3.00 Code Enforcement Technician 1.00 1.00 1.00 1.00 1.00 Economic Development Manager 1.00 1.00 1.00 1.00 1.00 Economic Development Project Manager 1.00 1.00 1.00 1.00 1.00 Housing Manager 1.00 1.00 1.00 1.00 1.00 Management Aide 1.00 1.00 1.00 1.00 1.00 Office Assistant II 1.00 1.00 1.00 1.00 1.00 Principal Code Enforcement Officer 2.00 2.00 2.00 2.00 2.00 Senior Code Enforcement Officer 4.00 4.00 4.00 4.00 4.00 Senior Management Analyst 1.00 1.50 1.50 1.50 1.50 Subtotal Community Enhancement 17.00 17.50 17.50 17.50 17.50 Total - Community Development 54.00 57.50 57.50 57.50 60.50 COMMUNITY & LIBRARY SERVICES Administrative Assistant 1.00 Deputy Director of Community & Library Services 1.00 1.00 1.00 1.00 1.00 Director of Community & Library Services 1.00 1.00 1.00 1.00 1.00 Management Aide 1.00 1.00 1.00 1.00 Principal Management Analyst 1.00 1.00 1.00 1.00 Senior Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Senior Management Analyst 1.00 Subtotal Administration 5.00 5.00 5.00 5.00 5.00 Community & Library Services Coordinator 2.00 2.00 2.00 2.00 2.00 Community & Library Services Manager 1.00 1.00 1.00 1.00 1.00 Community & Library Services Supervisor 1.00 1.00 1.00 1.00 1.00 Parking & Camping Assistant 1.00 1.00 1.00 1.00 1.00 Parking & Camping Crewleader 1.00 1.00 1.00 1.00 1.00 Parking & Camping Operations Lead 2.00 2.00 2.00 2.00 2.00 Parking & Camping Operations Supervisor 1.00 1.00 1.00 1.00 1.00 Parking Meter Technician 2.00 2.00 2.00 2.00 2.00 Subtotal Facilities & Events 11.00 11.00 11.00 11.00 11.00 FY 2020/21 FY 2021/22 FY 2022/23 FY 2022/23 FY 2023/24 Actual Actual Adopted Revised Proposed City of Huntington Beach FY 2023/24 Authorized Full-Time Equivalent Personnel All Funds EXHIBIT DATTACHMENT 2 COMMUNITY & LIBRARY SERVICES (continued) Administrative Assistant 1.00 1.00 1.00 1.00 Community & Library Services Coordinator 6.00 5.00 5.00 5.00 5.00 Community & Library Services Manager 1.00 1.00 1.00 1.00 1.00 Community & Library Services Supervisor 4.00 5.00 5.00 5.00 5.00 Office Assistant II 1.00 1.00 1.00 1.00 1.00 Senior Community & Library Svcs Supervisor 1.00 1.00 1.00 1.00 1.00 Senior Services Assistant 1.00 Senior Services Transportation Coordinator 1.00 1.00 1.00 1.00 1.00 Social Services Supervisor 1.00 1.00 1.00 1.00 1.00 Volunteer Services Coordinator 1.00 1.00 1.00 1.00 1.00 Subtotal Programs & Services 17.00 17.00 17.00 17.00 17.00 Accounting Technician 2.00 2.00 2.00 2.00 2.00 Community & Library Services Coordinator 1.00 1.00 1.00 1.00 1.00 Community & Library Services Manager 1.00 1.00 1.00 1.00 1.00 Facilities Maintenance Coordinator 1.00 1.00 Facilities Security Coordinator 1.00 1.00 1.00 1.00 1.00 Librarian I 4.00 6.00 6.00 6.00 6.00 Library Services Assistant 5.50 6.50 6.50 6.50 6.50 Library Specialist 2.00 2.00 2.00 Literacy Program Specialist 2.00 2.00 2.00 2.00 2.00 Principal Librarian 1.00 1.00 1.00 1.00 1.00 Senior Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Senior Community & Library Svcs Supervisor 1.00 1.00 1.00 1.00 1.00 Senior Librarian 4.00 4.00 4.00 4.00 4.00 Senior Library Specialist 0.75 0.75 0.75 1.75 1.75 Volunteer Services Coordinator 1.00 Subtotal Library & Cultural Services 27.25 29.25 29.25 29.25 29.25 Total - Community & Library Services 60.25 62.25 62.25 62.25 62.25 FY 2020/21 FY 2021/22 FY 2022/23 FY 2022/23 FY 2023/24 Actual Actual Adopted Revised Proposed City of Huntington Beach FY 2023/24 Authorized Full-Time Equivalent Personnel All Funds EXHIBIT DATTACHMENT 2 FINANCE Accounting Technician 1.00 1.00 1.00 Assistant Chief Financial Officer 1.00 1.00 1.00 1.00 1.00 Chief Financial Officer 1.00 1.00 1.00 1.00 1.00 Management Aide 1.00 1.00 1.00 1.00 Principal Information Technology Analyst 1.00 1.00 1.00 1.00 1.00 Senior Administrative Assistant 1.50 0.50 0.50 0.50 0.50 Subtotal Finance Administration 4.50 4.50 5.50 5.50 5.50 Buyer 1.00 1.00 1.00 1.00 1.00 Finance Manager 1.00 1.00 1.00 1.00 Principal Finance Analyst 1.00 1.00 1.00 1.00 1.00 Senior Buyer 1.00 1.00 1.00 1.00 1.00 Senior Finance Analyst 2.00 1.00 1.00 1.00 1.00 Subtotal Budget Management 5.00 5.00 5.00 5.00 5.00 Accounting Technician 3.00 3.00 3.00 3.00 3.00 Accounting Technician Supervisor 1.00 2.00 2.00 2.00 2.00 Finance Manager 1.00 1.00 1.00 1.00 1.00 Payroll Specialist 1.00 2.00 2.00 Principal Finance Analyst 1.00 1.00 1.00 1.00 1.00 Senior Accountant 1.00 2.00 2.00 2.00 2.00 Senior Accounting Technician 1.00 1.00 1.00 1.00 Senior Finance Analyst 1.00 Senior Payroll Specialist 1.00 2.00 2.00 1.00 1.00 Subtotal Accounting Services 11.00 11.00 12.00 13.00 13.00 FY 2020/21 FY 2021/22 FY 2022/23 FY 2022/23 FY 2023/24 Actual Actual Adopted Revised Proposed City of Huntington Beach FY 2023/24 Authorized Full-Time Equivalent Personnel All Funds EXHIBIT DATTACHMENT 2 FINANCE (continued) Accounting Technician **5.00 5.00 5.00 2.00 2.00 Accounting Technician Supervisor **1.00 1.00 1.00 Business License Supervisor 1.00 1.00 1.00 1.00 1.00 Field Service Representative 1.00 1.00 1.00 1.00 1.00 Finance Manager **1.00 1.00 1.00 Management Analyst 1.00 Senior Accountant **1.00 1.00 Senior Accounting Technician **1.00 2.00 2.00 1.00 1.00 Subtotal Revenue Services 11.00 12.00 12.00 5.00 5.00 Total - Finance 31.50 32.50 34.50 28.50 28.50 ** Position transferred from the Finance Department to the City Treasurer's Department beginning FY 2022/23 FIRE Accounting Technician 2.00 2.00 2.00 2.00 2.00 Fire Chief 1.00 1.00 1.00 1.00 1.00 S Management Aide 1.00 1.00 1.00 1.00 1.00 Principal Management Analyst 1.00 1.00 1.00 1.00 1.00 Senior Management Analyst 1.00 1.00 1.00 1.00 1.00 Subtotal Administration 6.00 6.00 6.00 6.00 6.00 Management Analyst 1.00 1.00 1.00 1.00 Senior Management Analyst 1.00 1.00 1.00 1.00 1.00 Administrative Fire Captain ^2.00 2.00 2.00 2.00 2.00 S Administrative Assistant 2.00 2.00 2.00 2.00 2.00 Deputy Fire Marshal 2.00 2.00 2.00 2.00 2.00 Fire Deputy Chief 1.00 1.00 1.00 1.00 1.00 S Fire Division Chief 1.00 1.00 1.00 1.00 1.00 S Fire Marshal 1.00 1.00 1.00 1.00 1.00 Fire Prevention Inspector 1.00 1.00 1.00 1.00 1.00 Senior Fire Prevention Inspector 4.00 4.00 4.00 4.00 4.00 Fire Training Maintenance Technician 1.00 1.00 1.00 1.00 1.00 Subtotal Professional Standards 16.00 17.00 17.00 17.00 17.00 FY 2020/21 FY 2021/22 FY 2022/23 FY 2022/23 FY 2023/24 Actual Actual Adopted Revised Proposed City of Huntington Beach FY 2023/24 Authorized Full-Time Equivalent Personnel All Funds EXHIBIT DATTACHMENT 2 FIRE (continued) Administrative Fire Captain ^1.00 1.00 1.00 1.00 1.00 S Ambulance Operator 30.00 30.00 30.00 30.00 30.00 Emergency Management Administrator 1.00 1.00 1.00 1.00 1.00 Fire Battalion Chief 3.00 3.00 3.00 3.00 3.00 S Fire Captain 30.00 30.00 30.00 30.00 30.00 S Fire Deputy Chief 1.00 1.00 1.00 1.00 1.00 S Fire Division Chief 1.00 1.00 1.00 1.00 1.00 S Fire Engineer 30.00 30.00 30.00 30.00 30.00 S Fire Medical Coordinator 1.00 1.00 1.00 1.00 1.00 Firefighter 12.00 12.00 12.00 12.00 12.00 S Firefighter Paramedic 48.00 48.00 48.00 48.00 48.00 S Subtotal Emergency Response 158.00 158.00 158.00 158.00 158.00 Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Marine Safety Battalion Chief 3.00 3.00 3.00 3.00 3.00 S Marine Safety Captain 12.00 12.00 12.00 12.00 12.00 S Marine Safety Division Chief 1.00 1.00 1.00 1.00 1.00 S Marine Safety Specialist 3.00 3.00 3.00 3.00 3.00 S Subtotal Marine Safety 20.00 20.00 20.00 20.00 20.00 Subtotal Sworn 150.00 150.00 150.00 150.00 150.00 S Subtotal Non-Sworn 50.00 51.00 51.00 51.00 51.00 Total - Fire 200.00 201.00 201.00 201.00 201.00 FY 2020/21 FY 2021/22 FY 2022/23 FY 2022/23 FY 2023/24 Actual Actual Adopted Revised Proposed City of Huntington Beach FY 2023/24 Authorized Full-Time Equivalent Personnel All Funds EXHIBIT DATTACHMENT 2 HUMAN RESOURCES Director of Administrative Services 1.00 1.00 1.00 Director of Human Resources 1.00 1.00 Human Resources Analyst 2.00 1.00 1.00 1.00 2.00 9 Human Resources Manager 1.00 1.00 1.00 1.00 1.00 Human Resources Technician 2.00 1.00 1.00 1.00 1.00 Principal Human Resources Analyst 1.00 2.00 2.00 3.00 3.00 Risk Management Specialist 1.00 1.00 1.00 1.00 1.00 Risk Manager 1.00 1.00 1.00 1.00 1.00 Senior Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Senior Human Resources Analyst 2.00 1.00 1.00 1.00 1.00 Senior Human Resources Technician 3.00 3.00 2.00 2.00 Total - Human Resources 12.00 13.00 13.00 13.00 14.00 INFORMATION SERVICES Chief Information Officer 1.00 1.00 Deputy Director of Administrative Services 1.00 1.00 1.00 1.00 10 Information Tech Manager 2.00 2.00 2.00 1.00 2.00 10 Information Tech Project Coordinator 1.00 1.00 1.00 1.00 Information Tech Supervisor 1.00 1.00 1.00 1.00 Information Technology Analyst 4.00 3.00 3.00 3.00 3.00 IT Technician 1.00 2.00 2.00 2.00 2.00 Lead IT Technician 2.00 2.00 2.00 2.00 2.00 Network Systems Administrator 1.00 1.00 1.00 1.00 1.00 Principal Information Technology Analyst 2.00 3.00 3.00 4.00 4.00 Senior Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Senior GIS Analyst 1.00 1.00 1.00 1.00 1.00 Senior Info Tech Manager 1.00 1.00 1.00 Senior Information Technology Analyst 3.00 4.00 4.00 4.00 4.00 Senior IT Technician 2.00 2.00 2.00 2.00 2.00 Total - Information Services 21.00 25.00 25.00 25.00 25.00 FY 2020/21 FY 2021/22 FY 2022/23 FY 2022/23 FY 2023/24 Actual Actual Adopted Revised Proposed City of Huntington Beach FY 2023/24 Authorized Full-Time Equivalent Personnel All Funds EXHIBIT DATTACHMENT 2 POLICE Assistant Chief of Police 1.00 S Office Assistant II 1.00 1.00 1.00 1.00 Police Chief 1.00 1.00 1.00 1.00 1.00 S Senior Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Subtotal Administration 3.00 3.00 3.00 3.00 3.00 Community Relations Specialist ***2.00 2.00 1.00 1.00 1.00 Detention Officer 9.00 9.00 9.00 9.00 9.00 Detention Officer - Nurse 4.00 4.00 4.00 4.00 4.00 Detention Shift Supervisor 4.00 4.00 4.00 4.00 4.00 Police Captain 1.00 1.00 1.00 1.00 S Police Lieutenant 1.00 1.00 1.00 1.00 1.00 S Police Officer 3.00 3.00 3.00 3.00 3.00 S Police Sergeant 4.00 4.00 4.00 4.00 4.00 S Police Services Specialist 1.00 1.00 1.00 1.00 1.00 Public Affairs Officer 1.00 1.00 1.00 1.00 1.00 Subtotal Administrative Operations 29.00 30.00 29.00 29.00 29.00 Community Services Officer 3.00 1.00 1.00 1.00 1.00 Director of Homelessness & Behavioral Health Services ***1.00 Parking/Traffic Control Officer 10.00 10.00 10.00 10.00 10.00 Parking/Traffic Control Supervisor 1.00 1.00 1.00 1.00 1.00 Police Captain 1.00 1.00 1.00 1.00 1.00 S Police Lieutenant 2.00 2.00 2.00 2.00 2.00 S Police Officer 37.00 37.00 37.00 37.00 37.00 S Police Sergeant 5.00 6.00 6.00 6.00 6.00 S Senior Helicopter Maintenance Technician 2.00 2.00 2.00 2.00 2.00 Social Services Supervisor ***1.00 Volunteer Services Coordinator ***1.00 Subtotal Special Operations 61.00 63.00 60.00 60.00 60.00 FY 2020/21 FY 2021/22 FY 2022/23 FY 2022/23 FY 2023/24 Actual Actual Adopted Revised Proposed City of Huntington Beach FY 2023/24 Authorized Full-Time Equivalent Personnel All Funds EXHIBIT DATTACHMENT 2 POLICE (continued) Police Captain 1.00 1.00 1.00 1.00 1.00 S Police Lieutenant 4.00 4.00 4.00 4.00 4.00 S Police Officer ^112.00 111.00 111.00 111.00 111.00 S Police Sergeant 14.00 14.00 14.00 14.00 14.00 S Subtotal Patrol 131.00 130.00 130.00 130.00 130.00 Community Services Officer 6.00 5.00 5.00 6.00 6.00 Crime Analyst 1.00 1.00 1.00 1.00 1.00 Crime Analyst Senior 1.00 1.00 1.00 1.00 Crime Scene Investigator 4.00 5.00 5.00 4.00 4.00 Forensic Systems Specialist 1.00 1.00 1.00 1.00 1.00 Latent Print Examiner 2.00 2.00 2.00 2.00 2.00 Police Captain 1.00 1.00 1.00 1.00 1.00 S Police Lieutenant 2.00 2.00 2.00 2.00 2.00 S Police Officer 39.00 39.00 39.00 39.00 39.00 S Police Sergeant 5.00 5.00 5.00 5.00 5.00 S Police Services Specialist 2.00 2.00 2.00 2.00 2.00 Subtotal Investigations 63.00 64.00 64.00 64.00 64.00 Accounting Technician 3.00 2.00 2.00 2.00 2.00 Civilian Police Services Commander 1.00 1.00 1.00 1.00 1.00 Communications Operator-PD ^18.00 18.00 18.00 18.00 18.00 Communications Supervisor-PD 6.00 6.00 6.00 6.00 6.00 Community Services Officer 1.00 2.00 2.00 2.00 2.00 Human Resources Technician 1.00 1.00 1.00 1.00 1.00 Information Technology Analyst 1.00 1.00 1.00 1.00 1.00 Police Administrative Services Manager 1.00 3.00 3.00 3.00 3.00 Police Communications Manager 1.00 Police Records Administrator 1.00 Police Records Specialist 5.00 4.00 4.00 4.00 4.00 Police Records Supervisor 3.00 4.00 4.00 4.00 4.00 Police Services Specialist 6.00 6.00 6.00 6.00 6.00 Police Systems Coordinator 1.00 1.00 1.00 1.00 1.00 Principal Human Resources Analyst 1.00 1.00 1.00 1.00 1.00 FY 2020/21 FY 2021/22 FY 2022/23 FY 2022/23 FY 2023/24 Actual Actual Adopted Revised Proposed City of Huntington Beach FY 2023/24 Authorized Full-Time Equivalent Personnel All Funds EXHIBIT DATTACHMENT 2 POLICE (continued) Property and Evidence Officer 3.00 3.00 3.00 3.00 3.00 Property and Evidence Supervisor 1.00 1.00 1.00 1.00 1.00 Public Works Maint Crewleader 1.00 Senior Information Technology Analyst 1.00 1.00 1.00 1.00 1.00 Senior IT Technician 1.00 1.00 1.00 1.00 1.00 Senior Management Analyst 1.00 1.00 1.00 1.00 1.00 Senior Police Records Specialist 11.00 10.00 10.00 10.00 10.00 Subtotal Support Services 69.00 67.00 67.00 67.00 67.00 Subtotal Sworn 233.00 233.00 233.00 233.00 233.00 S Subtotal Non-Sworn 123.00 124.00 120.00 120.00 120.00 Total - Police 356.00 357.00 353.00 353.00 353.00 *** Position transferred from the Police Department to the City Manager's Office beginning FY 2022/23 PUBLIC WORKS Accounting Technician 1.00 1.00 1.00 1.00 1.00 Administrative Assistant 1.00 1.00 1.00 Administrative Services Manager 1.00 1.00 1.00 1.00 1.00 Code Enforcement Officer 1.00 1.00 1.00 1.00 1.00 Deputy Director of Public Works 2.00 2.00 2.00 2.00 2.00 Director of Public Works 1.00 1.00 1.00 1.00 1.00 Field Service Representative 1.00 1.00 1.00 1.00 1.00 Management Aide 1.00 1.00 2.00 2.00 Management Analyst 2.00 2.00 2.00 2.00 2.00 Office Assistant II 5.00 5.00 5.00 5.00 5.00 Real Estate & Project Manager 1.00 1.00 1.00 1.00 Senior Accounting Technician 1.00 1.00 1.00 1.00 1.00 Senior Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Senior Management Analyst 2.00 2.00 2.00 2.00 2.00 Subtotal Administration 19.00 21.00 21.00 21.00 21.00 FY 2020/21 FY 2021/22 FY 2022/23 FY 2022/23 FY 2023/24 Actual Actual Adopted Revised Proposed City of Huntington Beach FY 2023/24 Authorized Full-Time Equivalent Personnel All Funds EXHIBIT DATTACHMENT 2 PUBLIC WORKS (continued) Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Electrician 1.00 1.00 1.00 1.00 1.00 Equipment Parts Inventory Supply Clerk 1.00 1.00 1.00 1.00 1.00 Facilities Maintenance Technician 3.00 5.00 5.00 6.00 6.00 Fleet Maint Crewleader 2.00 2.00 2.00 2.00 2.00 Fleet Operations Supervisor 1.00 1.00 1.00 1.00 1.00 Irrigation Specialist 1.00 1.00 1.00 1.00 1.00 Landscape Maint Inspector 2.00 4.00 4.00 4.00 4.00 Lead Fleet Maint Mechanic 3.00 3.00 3.00 3.00 3.00 Lead Public Works Maint Worker 3.00 3.00 3.00 3.00 3.00 Mechanic 3.00 3.00 3.00 3.00 3.00 Pest Control Specialist 1.00 1.00 1.00 1.00 1.00 Public Works Equip Operator 7.00 7.00 7.00 7.00 7.00 Public Works Maint Crewleader 7.00 8.00 8.00 7.00 7.00 Public Works Maintenance Supervisor 5.00 5.00 5.00 5.00 5.00 Public Works Operations Manager 1.00 1.00 1.00 1.00 1.00 Senior Facilities Maintenance Technician 2.00 2.00 2.00 2.00 2.00 Senior Mechanic 6.00 6.00 6.00 6.00 6.00 Senior Public Works Maint Worker 8.00 7.00 7.00 7.00 7.00 Subtotal Maintenance & Operations 58.00 62.00 62.00 62.00 62.00 Accounting Technician 1.00 1.00 1.00 1.00 1.00 Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Engineering Aide 1.00 1.00 1.00 1.00 1.00 Field Service Representative 1.00 1.00 2.00 2.00 2.00 Lead Wastewater Worker 3.00 3.00 3.00 3.00 3.00 Lead Water Utility Worker 10.00 10.00 11.00 11.00 11.00 SCADA Technician 1.00 1.00 1.00 1.00 1.00 Senior GIS Analyst 2.00 2.00 2.00 2.00 2.00 Senior Survey Technician 2.00 2.00 2.00 2.00 2.00 Senior Wastewater Pump Technician 1.00 1.00 1.00 1.00 1.00 Senior Water Utility Worker 3.00 3.00 4.00 4.00 4.00 FY 2020/21 FY 2021/22 FY 2022/23 FY 2022/23 FY 2023/24 Actual Actual Adopted Revised Proposed City of Huntington Beach FY 2023/24 Authorized Full-Time Equivalent Personnel All Funds EXHIBIT DATTACHMENT 2 PUBLIC WORKS (continued) Utilities Superintendent 1.00 1.00 1.00 1.00 1.00 Utilities Technology Supervisor 1.00 1.00 1.00 1.00 1.00 Utility Equipment Operator 9.00 9.00 10.00 10.00 10.00 Utility Field Representative 2.00 2.00 Utility Locator 1.00 1.00 2.00 2.00 2.00 Warehouse Clerk 1.00 1.00 1.00 1.00 1.00 Warehouse Coordinator 1.00 1.00 1.00 1.00 1.00 Wastewater Crewleader 1.00 1.00 1.00 1.00 1.00 Wastewater Pump Technician 1.00 1.00 1.00 1.00 1.00 Wastewater Supervisor 1.00 1.00 1.00 1.00 1.00 Water Conservation Coordinator 1.00 1.00 1.00 1.00 1.00 Water Meter Repair Technician 5.00 5.00 4.00 4.00 4.00 Water Quality Coordinator 1.00 1.00 1.00 1.00 1.00 Water Quality Specialist 3.00 3.00 3.00 3.00 3.00 Water Quality Supervisor 1.00 1.00 1.00 1.00 1.00 Water Utility Crew Leader 4.00 4.00 4.00 4.00 4.00 Water Utility Supervisor 1.00 1.00 1.00 1.00 1.00 Water Utility Worker 25.00 25.00 25.00 25.00 25.00 Subtotal Utilities 86.00 86.00 88.00 88.00 88.00 Principal Civil Engineer 1.00 1.00 1.00 1.00 1.00 Senior Public Works Maint Worker 2.00 2.00 3.00 3.00 3.00 Senior Traffic Engineer 2.00 2.00 2.00 2.00 2.00 Traffic and Transportation Manager 1.00 1.00 1.00 1.00 1.00 Traffic Engineering Technician 1.00 1.00 1.00 1.00 1.00 Traffic Signal Electrician 2.00 2.00 2.00 2.00 2.00 Traffic Signals Crewleader 1.00 1.00 1.00 1.00 1.00 Subtotal Transportation 10.00 10.00 11.00 11.00 11.00 Assistant Civil Engineer 2.00 2.00 2.00 2.00 2.00 Assistant Engineer 1.00 1.00 1.00 1.00 1.00 Associate Civil Engineer 1.00 1.00 1.00 1.00 1.00 Capital Projects Administrator 3.00 6.00 7.00 7.00 7.00 City Engineer 1.00 1.00 1.00 1.00 1.00 FY 2020/21 FY 2021/22 FY 2022/23 FY 2022/23 FY 2023/24 Actual Actual Adopted Revised Proposed City of Huntington Beach FY 2023/24 Authorized Full-Time Equivalent Personnel All Funds EXHIBIT DATTACHMENT 2 PUBLIC WORKS (continued) Construction Inspector II 1.00 1.00 1.00 Construction Manager 1.00 1.00 1.00 1.00 1.00 Environmental Services Manager 1.00 1.00 1.00 1.00 1.00 Environmental Specialist 2.00 2.00 2.00 2.00 2.00 Park Development Project Coordinator 1.00 Principal Civil Engineer 3.00 3.00 3.00 3.00 3.00 Senior Civil Engineer 5.00 5.00 5.00 5.00 5.00 Senior Construction Inspector 3.00 3.00 3.00 4.00 4.00 Senior Engineering Technician 1.00 1.00 1.00 1.00 1.00 Subtotal Engineering 26.00 28.00 29.00 29.00 29.00 Total - Public Works 199.00 207.00 211.00 211.00 211.00 GRAND TOTAL 958.25 980.75 989.75 991.75 1,002.75 NOTES: S Sworn Public Safety position ^ There are 12 defunded positions included in the FTE count as follows: (2) Administrative Fire Captain (9) Police Officer (1) Communications Operator-PD 1 Position to support increased caseload 2 Two additional positions (Advisory and Litigation) to assist with increased caseload and demand for services 3 Position to provide additional support for the City Attorney's Office 4 New position to facilitate centralization of record keeping, including oversight of the Records Division within the City Clerk's Office 7 Two positions added to mitigate backlog and provide more timely inspections 8 Position added to meet demand for plan check services and bring part of contracted consulting work in-house 9 Position assigned to Risk Management to support inceased workload, mitigate risk and ensure compliance with regulatory requirements 10 Position exchange to better meet the administrative and leadership needs of the Information Services Department. 5 New position to assist with citywide public information materials in the Office of Communications and the City’s Cable “3” Channel, bringing part of contracted services in-house 6 New position to oversee the operations of the City’s Cable “3” Channel, YouTube Channel, and online digital content, bringing part of contracted services in-house ATTACHMENT 3 Department Description Amount City Attorney Legal related professional services.$342,865 City Clerk General Consulting services as it relates to Records Retention such as City Attorney approved legal counsel, annual review and update of the Retention Schedule, new legislation and other professional services.$1,000 City Manager Professional services include state and federal legislative and lobby services, management/organizational assessment & efficiency studies and other consulting services related to business development/management, leadership and strategic planning, financial consulting/economic analysis, feasibility studies, real estate services (including but not limited to appraisals, right-of-way services, acquistions, title reporting, etc.), City Attorney approved legal services and regulatory agency compliance, communications, public information and public affairs, marketing, website, social media and stakeholder engagement, graphic design services, graphic facilitator/facilitation services, event planning and coordination, data management/dashboard services, planning services, parking consulting, site selection services and related economic development professional services, homeless services, CDBG/HOME related consulting, health and human services, environmental and sustainability master plan development consulting and professional services related to energy efficiency and other citywide sustainability efforts, educational, language, and accessibility related services, security services, human relations, mediation, and negotiation services, print services and other administrative and professional services related to the functions of municipal governance, performance and financial audits, customer service training, 311 comprehensive systems related services and biennial Quality of Life Community Survey. $630,000 Community Development Services including planning and technical services, inspection services, plan check services, code enforcement servces, financial consulting/economic analysis, City Attorney approved legal services, real estate services (including but not limited to appraisals, right-of-way services, acquisitions, title reporting, etc.), parking consulting, engineering services, homeless services, CDBG/HOME consulting, housing inspection services, related housing services, administrative services, website services, site selection services and related economic development professional services. $2,460,429 Community & Library Services Services including professional design, environmental services, architectural engineering services, master plan services, 4th of July Celebration Event Coordination, consulting/public relations services, training services for staff/community volunteers including meeting planning and live graphic services and other related professional services as needed. $186,822 Finance Services including professional services audits, sales tax auditing, property tax auditing, financial consulting and other related professional services.$234,871 Fire Services include fire and development plan check and inspection services, environmental and soils consulting, hazardous materials, inspections of City businesses as part of the CUPA program, oil production inspections, evaluation of oil production systems, testing and document preparation, evaluation of emergency services, paramedic/ambulance service billing, physical examinations and pulmonary consulting for personnel, employment background and other investigative services, psychological testing, psychological counseling services and peer support training services, quality improvement and educator services, annual fire policy, standard standard policy cross-reference, and related policy services, assessment of fire facilities, accreditation related standards of cover study and strategic planning, community risk assessment and facility assesment, provision of cost report processing for GEMT reimbursement, consulting services for the Huntington Harbor Review, project management for oil well abandonment, as-needed general environmental engineering services, petroleum engineering consulting services, spill prevention control and countermeasure plan, professional services related to approved CIP projects and other related professional services. $649,629 Human Resources Professional services include City Attorney approved legal, recruitment, medical professional, labor consulting, investigation, training, disability, human relations, mediation, and negotiation services, management/organizational assessment & efficiency studies and other consulting services related to management, leadership and strategic planning and other professional services. $2,309,000 Information Services Services include consulting and other professional services related to access control security, phone support servces, workshops for business intelligence, infrastructure systems services, public safety systems and applications and database support services and other professional services. $22,988 Police Services include medical exams (sexual and rape, employment, hazmat physical exam, SWAT physicals and flight crew physicals), backround investigations, psychological exams, ploygraph services, phlebotomy services, crime prevention programs, child abuse services, gang prevention, trauma support intervention/employee wellness program, video redaction services, City Attorney approved legal services and other related professional services. $277,743 Public Works Services include engineering/design, engineering studies, inspection/construction management, development review, SCADA and related automation support, water quality testing/sampling/analysis, engineering/technical support, City Attorney approved litigation/legal services, water conservation support services, water quality testing support services, NPDES/FOG inspection services, utility rate studies and financial analysis, billing/cashiering system support, professional arborist services, traffic studies, special training services, wildlife biologist services, solid waste consultanting services, environmental consulting and support, asset management system consulting, land surveying services, safety training/consulting, security consulting, emergency preparedness consulting, materials testing, labor compliance/certified payroll services, mobility studies, sustainability studies, water loss analysis, on-site chlorine generation feasibility and design and other related professional services. $3,843,700 Non-Departmental Services including claims review, City Attorney approved litigation and legal services, auditing, recruitment services, appraisal services, economic analysis, housing compliance services, homeless services, health and human services, and other related professional services. $4,197,669 Total Professional Services $15,156,716 Citywide (All Funds) CITY OF HUNTINGTON BEACH PROFESSIONAL SERVICES FISCAL YEAR 2023/24 Resolution No. 2023-26Fire Department with California Health and Safety Code Sections 13146.2 and 13146.3 in the areaencompassed by the City ofHuntington Beach, as follows:A. EDUCATIONAL GROUP E OCCUPANCIES :Educational Group E occupancies are generally those public and private schools, used bymore than six persons at any one time for educational purposes through the 12th grade. Withinthe City ofHuntington Beach, there lie thirty-eight (38) Group E occupancies, buildings, structuresand/or facilities.During calendar year 2022, the Huntington Beach Fire Department completed the annualinspection ofthirty-eight (38) Group E occupancies, buildings, structures and/or facilities. This isa compliance rate of 1 00 % for this reporting period.Additional items of note regarding this compliance rate can be found in the accompanyingstaff report for this resolution.B. RESIDENTIAL GROUP R OCCUPANCIES:Residential Group R occupancies, for the purposes of this resolution, are generally thoseoccupancies containing sleeping units, and include hotels, motels, apartments (three units or more),etc. as well as other residential occupancies (including a number of residential care facilities).These residential care facilities have a number of different sub-classifications, and they maycontain residents or clients that have a range of needs, including those related to custodial care,mobility impairments, cognitive disabilities, etc. The residents may also be non-ambulatory orbedridden. Within the City ofHuntington Beach, there lie twenty-three (23) Rl, two thousandfive hundred thirty-eight (2,538) Group R2, five (5) R2.1 and one (1) R4 occupancies of this nature.During calendar year 2022, the Huntington Beach Fire Department completed the annualinspection of all Rl, R2.1 and R4 occupancies, buildings, structures and/or facilities. The CY2022 Staff SummarySB 1205: Fire Protection Services: Inspections: Compliance ReportingThe State legislature requires the chief of every fire department to conduct annual inspections onall public or private schools, hotel, motel, lodging house, apartment house, and certain residentialcare facilities (Health and Safety Code 13146.3, 13146.2, 17921 (b)).Beginning on January 1, 2019, every fire department must report on these State mandated annualinspections (Health and Safety Code 13146.4, Added by Stats. 2018, Ch. 854, Sec. 1. (SB 1205)Effective January 1, 2019). This report must be in the form of a resolution or other formaldocument.Definitions of key terms:R1 - Residential occupancies with transient (<30 days) occupants• Boarding houses (transient) no more than 10 occupants• Congregate residents (transient) no more than 10 occupants• Hotels, motelsR2 - Residential - Residential occupancies containing sleeping units or more than twodwelling units where the occupants are primarily permanent in nature, including apartmentsR2.1 - 24-hour living facilities may contain >6 non-ambulatory and/or bedridden clients.• Assisted living facilities such as residential care facilities, residential care facilities forthe elderly (RCFEs), adult residential facilities, group homes, etc.• Social rehabilitation facilities such as halfway houses, community correctional centers,community treatment programs, alcoholism or drug abuse recovery or treatmentR4 - 24-hour living facilities more than six ambulatory clients, but not more than 16 persons;maximum of six non-ambulatory or bedridden clients• Assisted living facilities such as residential care facilities, residential care facilities forthe elderly (RCFEs), adult residential facilities, group homes, etc.• Social rehabilitation facilities such as halfway houses, community correctional centers,community treatment programs, alcoholism or drug abuse recovery or treatmentE - Facilities used for educational purposes through the 1 2th grade. For purposes of reporting,the data presented does not include occupancies designated as Es that are day cares or thatare facilities located in Es (e.g., YMCA after school care).ProceduresIn order to meet this mandate, the Community Risk Reduction Division assigns annual inspectionsto Community Risk Reduction staff and to Fire Companies. Inspections are logged into the Accelarecords management system. In 2022, all R1, R2, R2.1, R4, and Es were inspected. DatapccupancyTypeR1s ("hotel, motel, lodging houses")R1s that are also High RisesR2s ("apartment houses")R2 that are also High RisesR2.1 ("supervised residential")R4s ("residential/assisted living")Es ("public and private schools")I SinJurisdiction2032,53715L.^.... \38# ofInspections2032,53715138 ATTACHMENT 1 - DATA LISTList of 2,538 R2 (multi-family) is available upon request.Rl11/23/202112/22/202111/26/202111/4/202111/5/202111/22/20217/2/202111/9/202111/12/202111/12/202111/12/202111/12/202111/10/202111/19/202112/12/202111/12/202111/12/20219/27/202111/16/202111/12/2021High Rises11/3/202112/15/202112/2/2021FMF-003189FMF-023343FMF-023347FMF-023348FMF-023350FMF-023351FMF-023352FMF-023353FMF-023354FMF-023355FMF-023356FMF-023357FMF-023358FMF-023359FMF-023360FMF-023361FMF-023362FMF-023363FMF-023364FMF-023470FMF-000408FMF-006768FMF-017682[RD 4014] HUNTINGTON SURF MOTEL[RD 3416] Navigation Center[RD 3716] **BEST WESTERNREGENCY INN**[RD3516]STARLIGHTINN[RD 3115] COMFORT SUITES HOTEL[RD 3516] BEACH INN MOTEL[RD 4013] SUN & SANDS MOTEL[RD 3715] HUNTINGTON SUITESMOTEL[RD 3206] BEST WESTERN HARBOURINN AND SUITESTRAVELODGE OCEANFRONTOCEAN SURF INN AND SUITES[RD 3105] SURF CITY INN[RD 3115] SPRINGHILL SUITESMARRIOTT[RD 3015] HOTEL EUROPA[RD 2810] EXTENDED STAY AMERICA#494[RD 3105] 777 MOTOR INN[RD 3105] OCEAN VIEW MOTEL[RD 4115] HYATT REGENCYHUNTINGTON BEACH RESORTSHOREBREAK HOTEL AT THESTRANDSUNSET SUITES[RD 3015] HOTEL HUNTINGTONBEACH[RD 4115] WATERFRONT HILTONBEACH RESORT[RD 4115] PASEA HOTEL & SPA720 PACIFIC COAST HWY MF17631 CameronLn19360 Beach Blvd18382 BEACH BLVD16301 BEACH BLVD18112 BEACH BLVD1102 PACIFIC COAST HWY7971 YORKTOWN AVE16912 PACIFIC COAST HWY17205 PACIFIC COAST HWY16555 PACIFIC COAST HWY16220 PACIFIC COAST HWY7872 EDINGER AVE7561 CENTER AVE 465050 SKYLAB RD16240 PACIFIC COAST HWY16196 PACIFIC COAST HWY21500 PACIFIC COAST HWY500 PACIFIC COAST HWY16401 PACIFIC COAST HWY7667 Center Ave MF21100 Pacific Coast Hwy21080 Pacific Coast Hwy MFR2.18/25/20216/14/202111/12/20215/19/202111/8/2021FMF-006201FMF-023471FMF-001407FMF-020256FMF-008072[RD 3314] MERRILL GARDENSRETIREMENT HOME[RD 3615] BEACH CITY SENIOR LIVING^LLC DBA SEA CLIFF ASSISTED LIVING[RD 3615] HUNTINGTON TERRACE MBKSENIOR LIVINGOAKMONT SR LIVING APARTMENTS[RD 3714] SUNRISE ASSISTED LIVING17200 GOLDENWEST ST MF18851 Florida St18800 FLORIDA ST MF18922 Delaware St MF7401 YORKTOWN AVE MF R410/7/2021FMF-023416[RD 3414]HB YOUTHSHELTER/WAYFINDERS7291 TALBERT AVE9/21/20219/28/20219/21/20219/23/20219/28/20219/27/202110/7/202110/13/202110/12/202110/4/20219/29/202110/7/202111/30/202111/4/202111/2/202110/13/202111/16/202112/15/202110/28/202111/17/202112/21/202112/6/202111/29/202111/2/20219/29/202110/21/202111/1/202112/1/202111/15/202110/19/202110/14/202110/5/20219/22/202111/2/2021FMF-023435FMF-023437FMF-023438FMF-023439FMF-023449FMF-023450FMF-023453FMF-023454FMF-023455FMF-023456FMF-023466FMF-023468FMF-023433FMF-023434FMF-023441FMF-023442FMF-023444FMF-023445FMF-023446FMF-023447FMF-023448FMF-023458FMF-023465FEO-003311FMF-023431FMF-023432FMF-023457FMF-023460FMF-023436FMF-023452FMF-023459FMF-023451FMF-023464FMF-023461LIBERTY CHRISTIAN SCHOOL[RD 3212] SPRING VIEW MIDDLE SCHOOL[RD 2812] CLEGG ELEMENTARY SCHOOLSTACEY MIDDLE SCHOOL[RD 3012] CIRCLE VIEW ELEMENTARY SCHOOL[RD 3115] VISTA VIEW MIDDLE SCHOOL INfERil\/TCAMPUS[RD 3315] OAK VIEW SCHOOL[RD 3314] OCEAN VIEW HIGH SCHOOL[RD 2712] HEBREW ACADEMY SCHOOL[RD 3113] COLLEGE VIEW ELEMENTARYSCHOOL[RD 3313] GOLDEN VIEW SCHOOLST BONAVENTURE SCHOOL[RD 4016] JOHN R PETERSON ELEMENTARYSCHOOL[RD 4019] HUNTINGTON CHRISTIAN SCHOOL[RD 4118] EDISON HIGH SCHOOL[RD 4218] EADER SCHOOL K-5[RD 3917] S A MOFFETT ELEMENTARY SCHOOL[RD 3918] SAINTS SIMON &JUDE SCHOOL"[RD 3919] HAWES ELEMENTARY SCHOOL[RALPH E.][RD 3820] PEGASUS SCHOOL[RD 3819] OKASCHOOL[RD 3718] TALBERT MIDDLE SCHOOL[RD 3817] NEWLAND SCHOOL[RD 4118] EDISON HIGH SCHOOL[RD 3413] MESA VIEW MIDDLE SCHOOL[RD 3613] SEACLIFF ELEMENTARY SCHOOL[RD 3914] AGNES L SMITH ELEMENTARY"SCHOOL[RD 3412] HOPEVIEW ELEMENTARY SCHOOL[RD 3311] MARINE VIEW MIDDLE SCHOOL[RD 3208] HARBOUR VIEW ELEMENTARYSCHOOL[RD 3011] MARINA HIGH SCHOOL[RD 3316] LAKE VIEW SCHOOLSCHROEDER ELEMENTARY SCHOOL[RD 3111] GARDEN CONSERVATORYELEMENTARY/PRESCHOOL7661 WARMER AVE A16662TRUDYLN6311 LARCHWOODDR6311 LARCHWOOD6261 HOOKER DR7721 JULIETTE LOW DR17241 OAK LN17071 GOTHARDST14401 WILLOW LN6582 LENNOX DR17251 GOLDEN VIEW Ln16390SPRINGDALEST20661 FARNSWORTH LN9700 LEVEE DR21400 MAGNOLIA ST9291 BANNING AVE8800 BURLCREST DR20400 MAGNOLIA ST9682 YELLOWSTONE DR19692LEXINGTONLN9800 YORKTOWN AVE9101 BRABHAM DR8787 DOLPHIN DR21400 MAGNOLIA ST17601AVILLALN6701 GARFIELDAVE77017THST17622FLINTSTONELN5682 TILBURG DR4343 PICKWICK CIR15871 SPRINGDALEST17451 ZEIDERLN15151 COLUMBIA LN5702 CLARK DR 11/2/202111/1/202111/12/202110/28/2021FMF-023462FMF-023463FMF-023469FMF-023440[RD 3111] MONTESSORt CHILD DEVELOPMENTCENTER[RD 3110] VILLAGE VIEW ELEMENTARY SCHOOLLEPORT SCHOOL & CHILDRENS CENTER[RD 3109] GRACE LUTHERAN SCHOOL5702 CLARK DR5361 SISSON DR16081 WAIKIKI LN5172MCFADDENAVE 23-12958/310598 8 of 12 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach ATTN: Dir. of Community Development 2000 Main Street Huntington Beach, CA 92648 National Development Council ATTN: Andria Martinez 633 Third Avenue, Suite 19J New York, NY 10017 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. City of Huntington BeachFY 2023/24 Budget AdoptionCity Council Public HearingJune 6, 20231 Presentation Overview•FY 2022/23 General Fund Budget Update•Proposed FY 2023/24 General Fund Budget Review•Proposed FY 2023/24 Capital Improvement Budget •FY 2023/24 Budget Approval and Key Considerations2 FY 2022/23 General Fund Budget Update3 Economic Overview & Local Budgetary Impacts•Economic trends indicate a continued economic recovery from the financial impacts of COVID‐19, however, the collapse of Silicon Valley Bank and other regional banks are likely to restrict the availability of credit and economists largely expect some form of recession by the end of 2023.U.S. Real GDP increased 3.2% in Q3 2022, 2.6% in Q4 2022 and is expected to slow in Q1 2023 to 1.1%‐Consumer spending accelerated but was offset by weakness is housing, a decline in inventories, and a contraction in business equipment spending.Federal Reserve increased rates for the 10thtime in just over one year‐Federal Funds Rate currently at 5‐5.25%‐Chairman Powell has softened language to potentially allow for a pause in rate hikes‐Yield curve remains significantly inverted•As we emerge from the economic impacts of the pandemic, the City is monitoring recent developments in the economy:Russia/Ukraine CrisisInflation & PricesSupply Chain ChallengesRising Interest RatesLabor Shortages•City is projected to conclude FY 2022/23 with a $3.8M surplus (subject to change)4 Proposed FY 2023/24 General Fund Budget Review5 FY 2023/24 General Fund Proposed Budget Review•Proposed FY 2023/24 General Fund Budget is structurally balanced, with a projected $3.6M surplus6* GF portion of Emerald Cove settlement, of which 50% is being transferred to the Section 115 Trust and 50% is being transferred to the General Liabilities Fund** Includes Debt Service, Capital Expenditures, and Transfers•Continued Infrastructure Investments in FY2023/24 General Fund transfer to the Infrastructure Fund increased by 11% to $15.0MCIP budget totals $41.2M (decrease from prior year due to $12.9M of HB Recovery projects and a $6.6M grant for Heil Pump Station in FY 2022/23)General Fund (Fund 100)(in thousands)ProposedFY 23/24Revenues (recurring) $278,120Revenues (one‐time) *2,276Planned Use of Reserves (one‐time) 8,804Total Sources of Funds 289,200Personnel Costs 181,585Operating Costs 55,315Non‐Operating Costs ** 48,664Total Expenditures 285,564Surplus / (Deficit) $3,636 FY 2023/24 General Fund Proposed Revenues - $280.4M7Property Tax37.2%Sales Tax19.1%Franchises4.2%Transient Occupancy Tax5.9%Utility Users Tax7.6%License & Permits3.3%Fines & Forfeitures1.8%Use of Money & Property7.0%Revenue from Other Agencies1.0%Charges for Current Services11.6%Other Revenue0.6%Non‐Operating Revenue1.0%General Fund recurring revenues anticipated to increase by $4.8 million from FY 2022/23 FY 2023/24 General Fund Proposed Revenues - $280.4M•Major revenue variances include:Property Tax: $104.2 million (4.3% or $4.3 million increase)- Higher assessed valuations as of January 1, 2023 versus prior fiscal yearTransient Occupancy Tax: $16.6 million (-5% or $0.9 million decrease)- Expected decrease from current year high, still $2.6 million higher than pre-COVID revenuesUse of Money & Property: $19.5 million (11.9% or $2.1 million increase)- Increased parking and lease/concession revenuesNon-Operating Revenue: $2.7 million (-90.9% or $27.3 million decrease)- FY 22/23 includes one-time transfer of $29.6 million American Rescue Plan Act funds- Partially offset by FY 23/24 one-time revenues of $2.3 million for Emerald Cove settlement8 FY 2023/24 General Fund Proposed Expenditures - $285.6M* Transfers include Infrastructure, Equipment, General Liability & Section 115 Trust Transfers** Other includes City Council, City Manager, City Attorney, City Clerk, and City Treasurer9Other **4.0%Finance1.9%Human Resources0.9%Information Services2.9%Community Development3.9%Community & Library Services5.6%Public Works8.5%Non‐Departmental23.0%Fire19.8%Police29.6%BY DEPARTMENTPersonnel63.6%Operating19.4%Debt Service2.1%Transfers *14.9%BY CATEGORY FY 2023/24 General Fund Proposed Expenditures - $285.6M•Major expenditure variances include:Personnel: $181.6 million (6.2% or $10.6 million increase)- Increased Workers’ Compensation costs- Increase to PERS Normal Cost- Continuing impacts from FY 21/22 MOU updates- Addition of 11 FTEs (more details on following slide)Transfers Out:$42.7 million (-22.7% or $12.5 million decrease)- FY 22/23 included transfers of $18.1 million for authorized HB Recovery Projects- Partially offset by FY 23/24 transfer of $2.3 million Emerald Cove settlement and additional Infrastructure and General Liability Fund transfers10 FY 2023/24 General Fund Proposed Expenditures - $285.6M•Major expenditure variances include:Planned Use of Reserves (one-time): $8.8 million - Appropriation and transfer of the full balance of the AES Reserve ($4.9 million) to the AES Mitigation Fund for various Capital Improvement Projects as outlined in the Memorandum of Understanding between the City and AES Southland Development LLC- Appropriation and transfer of $3.9 million from the Equipment Replacement Reserve to the Equipment Replacement Fund for the purchase of critical infrastructure and public safety vehicles and equipment11 Recommended FY 2023/24 Authorized Positions•Staff is proposing 11 new General Fund positions in the FY 2023/24 Budget:City Attorney’s Office‒(1) Deputy Community Prosecutor to support increased caseload ($162K)‒(2) Senior Deputy City Attorneys (Advisory and Litigation) to assist with increased caseload and demand for services ($408K)‒(1) Senior Legal Assistant to provide additional support for the City Attorney’s Office ($117K)City Clerk Department‒(1) Municipal Records Manager to facilitate centralization of record keeping, including oversight of the Records Division within the City Clerk’s Office ($149K)12 Recommended FY 2023/24 Authorized Positions•Staff is proposing 11 new General Fund positions in the FY 2023/24 Budget:City Manager Department‒(1) Graphic Designer to assist with citywide public information materials in the Office of Communications and the City’s Cable “3” Channel ($94K)‒(1) Multi-Media Officer to oversee operations of the City’s Cable “3” Channel, YouTube Channel, livestreaming, and all digital content ($175K)‒Adding the two positions and bringing a portion of the contracted services in-house results in a cost increase of $43,870, while allowing for a more nimble and responsive Office that is more capable of meeting the City’s goals of keeping our community informed.13.FY 2022/23 FY 2023/24 FY 2023/24($100K ‐ Expanded SOW including the Mayor's Initiatives)Prof Contract Services ‐ PIO $85,000 $101,750 $201,750Prof Contract Services ‐ HBTV 370,000 128,250 128,250Personnel Cost ‐ Graphic Designer 93,805 93,805Personnel Cost ‐ Multi‐Media Officer 175,065 175,065Total $455,000 $498,870 $598,870 Recommended FY 2023/24 Authorized Positions•Staff is proposing 11 new General Fund positions in the FY 2023/24 Budget:Community Development Department‒(2) Combination Inspectors ($231K) to mitigate backlog, provide more timely inspections, and bring part of contracted consulting work in-house, resulting in annual savings of $132,978‒(1) Plan Check Engineer ($158K) to meet demand for plan check services and bring part of contracted consulting work in-house, resulting in annual savings of $79,424‒Requested positions will minimize reliance on consultants to meet base level demand for services, while saving a total of $212,402 annually‒Consultants will still be utilized to meet requests for services above base levels and maintain service levels during cyclical peaksHuman Resources‒(1) Human Resources Analyst in the Risk Management Division to support increased workload, mitigate risk and ensure compliance with regulatory requirements ($118K)14 854.40 859.50 861.85 859.77 852.05 852.20 792.95 810.70 817.82 832.19 790.00 800.00 810.00 820.00 830.00 840.00 850.00 860.00 870.00FY 14/15 FY 15/16 FY 16/17 FY 17/18 FY 18/19FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24FY 2023/24 Full Time Equivalent – General FundPre‐COVID15 General Fund Long-Term Financial Plan5.5% CalPERS Return FY22/2316(in thousands)Actual FY21/22Projected FY22/23Proposed FY23/24ProjectedFY24/25ProjectedFY25/26ProjectedFY26/27Revenue (Recurring)$256,246 $273,293 $278,120 $283,950 $289,547 $295,399 Revenue (One‐Time)‐29,607 2,276‐‐ ‐Planned Use of Reserves‐‐8,804‐‐ ‐Total Sources of Funds$256,246 $302,900 $289,200 $283,950 $289,547 $295,399 Expenditures less UAL234,277 251,031 267,288 265,363 269,122 272,018CalPERS UAL4,891 4,891 5,000 5,000 8,540 12,990POB Payment13,688 13,556 13,276 13,010 12,750 12,537One‐Time Expenditures‐18,135‐‐‐ ‐Total Expenditures252,856 287,613 285,564 283,373 290,412 297,545HB Recovery Reserves‐(11,472)‐‐‐ ‐Surplus/(Deficit)$3,390 $3,815 $3,636 $577 ($865) ($2,146)•Requires use of Section 115 Trust reserves starting in FY 2025/26 Pension Update•CalPERS return in FY 20/21 was 21.3%:CalPERS Funding level 102.8% vs. 76.7% funded•CalPERS return in FY 21/22 was ‐7.5%:Estimated CalPERS Funding level is 87.9% •As part of our pension plan, the City also adopted an Unfunded Accrued Liability Pension Funding Policy,which mandates that we set‐aside additional funds to payoff any new future pension debt •A $2.6 milliontransfer is included in the proposed FY 2023/24 budget to prefund pension liabilities via our Section 115 Trust•Projections assume CalPERS earns 5.5% in FY22/23 and 6.8%going forward (CalPERS discount rate)17YearsCalPERS Plan Return1 Year‐7.5%5 Years* 6.7%10 Years* 7.7%20 Years* 6.9%30 Years* 7.7%* Based on original est. ‐6.1% return CalPERS UAL Payment Projection18CalPERS UAL Payments based on projected CalPERS 5.5% Return in FY22/23 and 6.8% moving forward General Fund Reserve Policy19•The City desires to maintain a prudent level of reserves based on the revenue impacts described above and the City's desire to maintain strong bond ratings to minimize borrowing costs. •The Government Finance Officers Association (GFOA) recommends a minimum of two months of operating expenditures be set aside for unforeseen events. •Staff is recommending consolidating certain General Fund Assignments into the Economic Uncertainties Reserve in order to meet the two‐month reserve requirement. General Fund Reserve Policy (continued)20•Additional adjustments to the General Fund Reserve Policy are listed as follows: •A minimum of 25% of unrestricted one‐time revenues to be transferred to the Section 115 Trust.•Additionally, staff is recommending strengthening the City’s Reserve policy to ensure that funds are set aside systematically and used only when truly necessary and approved by a 6/7thvote of City Council.•If Economic Uncertainties Funds are utilized and the level falls below the two‐month reserve requirement, the Chief Financial Officer will bring forward a proposed plan to City Council to replenish the fund within three fiscal years.•Cities with robust fiscal reserve policies are more likely to receive improved bond ratings based on higher scores related to financial management policies and improved fund balance reserves. FY 2023/2024 Capital Improvement Program (CIP) FY 2023/24 CIP BUDGET•CIP Budget Totals $41.2 M ($25M 3 years ago)• Drainage $1.8M• Facilities $4.0M• Neighborhood $7.4M• Parks and Beaches $2.9M• Sewer $8.3M• Streets and Transportation $11.8M• Water $5.0M•Residential Paving Cycle (9-year vs. 12-year)• To achieve a balanced budget staff reviewed the cost/benefit of the two cycles• Staff recommends a 12-year cycle for the following reasons:• 9-year cycle costs an additional $2.5 million annually, or $22.5M (current pricing) over the 9 years • Over 7 years the Pavement Classification Index (PCI) would only increase by 1 point (83.4 to 84.4), and both scores are in the “good” condition rating22 FY 2023/24 Key Budget Components and Approval Requested23 City Council Approval Requested24•City Council approval of the Proposed FY 2023/24 Budget is requested•Key budget components include:1) Structurally balanced spending plan, with a projected $3.6 million surplus2) Transfer of $4.9 million AES Reserve to Fund 1284 for AES CIP Projects3) Use of $3.9 million Equipment Replacement Reserve4) General Fund portion of Emerald Cove Settlement ($2.3 million) split 50/50 between Section 115 Trust and General Liabilities Fund5) Addition of 11 FTEs across various departments City Council Approval Requested25•City Council approval of the Proposed FY 2023/24 Budget is requested•Key budget components include:6) Continued investment in infrastructure- General Fund transfer to the Infrastructure Fund increased by 11% to $15 million- CIP budget totals $41.2 million7) Revert back to a 12-year paving cycle to achieve a balanced budget8) Recommended update to the General Fund Reserve Policy and consolidation of certain General Fund assignments to the Economic Uncertainties Reserve9) Approve Amendment No. 2 to the professional services contract with Mind OC for the Be Well HB mobile crisis response program10) Approve the professional services contract with National Council for Community Development (NDC) for technical assistance services Questions? City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-488 MEETING DATE:6/6/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager PREPARED BY:Travis Hopkins, Assistant City Manager Subject: Introduction of the Proposed Memorandum of Understanding Between the Huntington Beach Police Officers’ Association and the City of Huntington Beach for July 1, 2023 through June 30, 2025 Statement of Issue: The Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Officers’ Association (POA) expires on June 30, 2023. Subsequently, the City and POA engaged in good-faith negotiations, ultimately reaching agreement on terms in May 2023 on a 3-year contract covering the period July 1, 2023 through June 30, 2025. Financial Impact: Pursuant to the terms reached in the MOU with POA,the total projected cost of the labor pact as estimated by the Finance Department is $4.6 million in Year 1;$2.9 million in Year 2;and $3.0 million in Year 3.The cost of the contract,including $1.5 million in increases to CalPERS expenses,is estimated to total $12 million annually once fully phased beginning in Fiscal Year 2026/27. Recommended Action: Approve introduction of the proposed Memorandum of Understanding Between the Huntington Beach Police Officers’ Association and the City of Huntington Beach for the period July 1, 2023 through June 30, 2025. Alternative Action(s): Do not approve the introduction of the proposed successor MOU for POA employees and direct staff to continue to: (1) meet and confer with the Association, or (2) utilize the impasse procedures contained within the City’s Employer-Employee Relations Resolution Analysis: The Police Officers’ Association (POA) represents approximately 250 employees in the City. Starting in late 2022,representatives for the City and POA engaged in active negotiations on a new labor agreement,ultimately reaching a tentative agreement on contract terms for a 3-year period in City of Huntington Beach Printed on 6/1/2023Page 1 of 7 powered by Legistar™ File #:23-488 MEETING DATE:6/6/2023 labor agreement,ultimately reaching a tentative agreement on contract terms for a 3-year period in May 2023. Key changes in the proposed MOU include the following: Term of Agreement July 1, 2023 through June 30, 2025 Wage Increases ·Year 1 - employees shall receive a 5.0% base salary increase ·Year 2 - employees shall receive a 5.0% base salary increase ·Year 3 - employees shall receive a 5.0% base salary increase Pay Programs ·POST Certificate Program -increased the premium pay for an Advanced POST certificate from 6% to 8% effective June 24, 2023. ·Special Assignment Pay -the provisions of special assignments,including the pay,is set forth in Exhibit H to this MOU. ·Flight Pay - this pay shall begin upon assignment to the Aero Unit. ·Chief Pilot/Safety Officer -one employee will be designated as the Chief Pilot/Safety Officer and shall be paid five percent (5%)of their base hourly rate of pay in addition to other compensation.The duties,eligibility requirements and selection process are set forth in Exhibit I of this tentative agreement.The parties agree,to the extent permitted by law,the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and Section 571.1(b)(3) Flight Time Premium. ·Motor Pay - this pay shall be paid for the hours an employee is in training for this assignment. ·Bilingual Pay -the City reserves the right to retest at the Chief of Police’s discretion,no more frequently than once every 12 months. ·Longevity Pay -shall be increased as follows:i.Sworn:20 years of sworn law enforcement, increase from 10%to 15%.ii.Non-Sworn:20 years of full-time service for Huntington Beach or worked in the same job classification at another law enforcement agency,from 0%to 5% effective June 24, 2023. ·Retention Pay -non-sworn employees in the bargaining unit with at least 20 years of experience working in a law enforcement department who do not qualify for Longevity Pay shall receive Retention Pay at 5%of the base hourly rate.Employee may qualify for Longevity Pay or Retention Pay, but not both. ·Nurse Pay -the terms of the Side Letter pertaining to Nurse Pay will be incorporated into this MOU. ·Subpoena Compensation -add the following language to a.:For example,if an employee who is required to appear at court at 9:00 a.m.on a day their shift begins at 10:00 a.m.,the employee would receive overtime pay for the hour between 9:00 a.m.and 10:00 a.m.City of Huntington Beach Printed on 6/1/2023Page 2 of 7 powered by Legistar™ File #:23-488 MEETING DATE:6/6/2023 employee would receive overtime pay for the hour between 9:00 a.m.and 10:00 a.m. However,if that same employee were not scheduled to work that day,they would receive minimum of three (3) hours overtime pay. Add the following language to b.:For example,if an employee who is required to appear at court at 9:00 a.m.on a day their shift begins at 10:00 a.m.,the employee would receive their regular rate of pay for the hour between 9:00 a.m.and 10:00 a.m.However,if that same employee were not scheduled to work that day,they would receive minimum of three (3)hours at their regular rate of pay. Modify language to c.:Employee shall be paid two (2)hours of pay at their regular rate of pay when a subpoena for off-duty testimony is cancelled with less than twenty-four (24)hours’ notice. ·Standby Pay - Incorporate Side Letter language and modified language as follows: a.Employees on standby must respond to the initial request notification as soon as possible, but in no case more than thirty (30)minutes.Methods of response to the initial request may include phone call, email or text message. b.Employees on standby should be actively engaged in tasks directly related to the emergency as soon as possible,but in no case more than two (2)hours of the initial notification. c.In the event in-person response is required to an incident,crime scene or to a police facility, arrival at the location in question should generally be within two hours after acknowledgment of the request. d.Employees shall not work overtime or extra duty assignments which would cause the employee to be unavailable to respond to emergency situations during the time period the employee is assigned to standby duty. e.Employees on standby must refrain from intoxicants or other activities which might impair the employee's ability to perform assigned duties or to respond in a timely manner. f.Employees assigned to standby shall be furnished with all equipment necessary to perform standby duties, including take-home cars, City-issued cellular phones and/or computers. g.The parties have agreed that minimally there shall be five personnel assigned to stand by from Friday at 4 p.m.to Monday at 6 a.m.(12 hours of standby pay).Those personnel shall include:(1)a Sergeant to supervise crimes against persons investigations,(2)two detectives assigned to investigate crimes against persons,(3)one traffic investigator,and (4)one Traffic Sergeant. h.In addition to the above,the President of the Association or one of the Board members of the Association (the particular Board member shall be determined by the Association)shall be on standby each week. Friday at 4 p.m. to Monday at 6 a.m. (12 hours of standby pay). ·Meal and Mileage Allowance -the Parties agree to follow Policy AR 301 addressing Meal and Mileage Allowance and incorporate it by reference into this MOU. ·Administrative Dispatcher Assignment - modified language to reflect new titles for dispatchers. ·Salary Schedule - modified pay rates and titles included. Health and Other Insurance Benefits ·Health Benefits - the City’s contribution towards employees’ health insurance at each plan level (i.e., Employee, Employee + 1, Employee + 2 or more) shall be increased as follows: o January 1, 2024, increase monthly contributions to medical insurance for single, two- party and family by $39, $78 and $101, respectively. City of Huntington Beach Printed on 6/1/2023Page 3 of 7 powered by Legistar™ File #:23-488 MEETING DATE:6/6/2023 o January 1, 2025, increase monthly contributions to medical insurance for single, two- party and family by $33, $66 and $84, respectively. ·Retiree Medical - removed language indicating this benefit will sunset. ·Income Protection Plan - modified language: The City shall pay to HBPOA forty-one dollars ($41) per month per occupied covered position represented by HBPOA and HBPOA shall pay the cost of LTD premiums for each such covered position. Work Schedule ·7/11.5 Work Schedule - modified language: The “7/11.5” work schedule applies to designated employees of the Patrol Division and Administrative Operations Division and Jail. ·3/12 or 3/12.5 Work Schedules - the following work schedules may be assigned: a. 3/12-This is three 12-hour consecutive days with a fixed 8-hour day every other week. The FLSA workweek begins exactly four hours after the start time of the employee’s 8-hour day; b. 3/12.5 + 5 Work Schedule-Employees are scheduled to work three 12.5 hour shifts (on consecutive days) each week, with one additional five hour shift each 14 days that is adjacent to the employee’s first or last regularly scheduled shift of the week. These employee’s FLSA workweeks shall begin exactly 2.5 hours into the start time of their five-hour shift and end exactly 168 hours later; c. 3/12.5 Work Schedule-This work schedule is only available for sworn employees. The 3/12.5 schedule shall consist of three consecutive 12.5-hour shifts each week with one additional 10-hour shift each 28 days that is prescheduled prior to shift bid by the unit supervisor. ·Communications Center Work Week - modified language: Employees in classifications of Police Communications Operator and Police Communications Supervisor shall work a 4/10 schedule, which consists of four (4) consecutive work days of ten (10) consecutive hours each, followed by three (3) consecutive days off. Each 10-hour shift shall be inclusive of a paid meal period and breaks. Upon agreement of the Association and the Chief of Police, communications center employees may be assigned to any of the other work schedules set forth above. ·Motors - employees assigned as motor officers in the Special Operations Division Traffic Bureau shall be assigned to either a 3/12.5 or 4/10 schedule. Employees shall bid their shifts according to either a 3/12.5 or 4/10 schedule. Those working the 4/10 schedule shall be assigned to work Monday through Thursday. Those assigned to the 3/12.5 shall work Friday through Sunday. The 3/12.5 schedule shall consist of three consecutive 12.5 hour shifts each week, with one additional 10-hour shift each 28 days that is prescheduled prior to shift bid by the unit supervisor. The three existing motor officers as of the execution of this MOU are grandfathered into the existing 7/11.5 schedule including their assigned work days, and are exempt work schedule bidding. Retirement ·Modify language to:Classic member safety members shall cost share four percent (4%) compensation earnable in accordance with Government Code section 20516(f). New member safety members shall cost share an amount that when added to the one half of the normal cost rate (as established by CalPERS each fiscal year in its annual valuation for the City) shall result in the employee’s total pension contribution being 13% pensionable City of Huntington Beach Printed on 6/1/2023Page 4 of 7 powered by Legistar™ File #:23-488 MEETING DATE:6/6/2023 compensation. For example, if the one-half of the normal cost rate is 11.75%, these members will cost share 1.25% pensionable compensation in accordance with Government Code section 20516(f). If in future fiscal years, the required CalPERS member contribution rate for new member safety members is 13% or more, there shall be no cost sharing during that fiscal year and employees will only pay the one half of the normal cost rate. Similarly, if the member contribution rate (one-half of the normal cost) is reduced from the prior fiscal year to below 13%, these members will cost share a percentage that when added to the normal cost rate will equal 13% pensionable compensation. Effective the beginning of the pay period including January 1, 2021, New member miscellaneous members shall cost share an amount that when added to the one half of the normal cost rate (as established by CalPERS each fiscal year in its annual valuation for the City) shall result in the employee’s total pension contribution being 9% pensionable compensation. For example, if the one-half of the normal cost rate is 6.75%, these members will cost share 2.25% pensionable compensation in accordance with Government Code section 20516(f). If in future fiscal years, the required CalPERS member contribution rate for new member miscellaneous members is 9% or more, there shall be no cost sharing during that fiscal year and employees will only pay the one half of the normal cost rate. Similarly, if the member contribution rate (one half of the normal cost) is reduced from the prior fiscal year to below 9%, these members will cost share a percentage that when added to the normal cost rate will equal 9% pensionable compensation Leave Benefits ·General Leave - modified language: The provisions on General Leave are set forth below. They went into effect on April 18, 2020, the first day of the pay period following City Council approval of this 2020-2023 MOU. Prior to the effective date of General Leave, members of the Association earned vacation leave, as set forth in the prior MOU. Members’ accrued vacation leave balances carried over past the effective date of General Leave. Although membs no longer earn vacation, they may use their accrued vacation leave and shall be cashed out of any vacation balances as provided in this Section XII(A) (5), (6), (7) & (8), below. ·General Leave Accrual - added language: In computing eligibility for continuous service, for sworn law enforcement members of the unit, it shall include sworn law enforcement service at another law enforcement agency. For non-sworn members of the unit, it shall include time both sworn law enforcement service at another agency as well as time in the same non-sworn classification in which they are serving in Huntington Beach. ·Use of General Leave - if an employee provides at least eight (8) days’ notice of a request to use General Leave, it will be granted, unless within the discretion of the Police Chief or their designee, the decision to grant the leave would create an operational burden. It is not an operational burden simply because another employee must work the shift on overtime. ·Deferred Compensation/General Leave - Cash Out - The value of any accrued unused earned General Leave (or previously accrued Vacation Leave) may be transferred to deferred compensation (up to the maximum permitted by law) at the regular rate of pay annually or in connection with separation from employment. The employee must request the transfer no later than the end of the pay period prior to the employee’s last day of employment. Any unused earned General Leave (or previously accrued Vacation Leave) remaining upon separation for employees who participate in the Retiree Medical Trust will be transferred to the City of Huntington Beach Printed on 6/1/2023Page 5 of 7 powered by Legistar™ File #:23-488 MEETING DATE:6/6/2023 qualified medical retirement trust program on a pre-tax basis. ·Use of General Leave - an employee may cash out accrued, unused vacation or general leave if they have an “unforeseen emergency” (defined as an unanticipated emergency that would result in severe financial hardship to the employee if early withdrawal were not permitted). A determination as to whether an “unforeseen emergency” exists shall be determined by the City at its discretion and is not subject to the filing of a grievance. ·Family and Medical Care Leave - employees are entitled to use up to one half (½) of one year’s annual accrual of general leave for the relationships set forth at Labor Code section 233. ·Association Business - an allowance of one thousand forty (1040) hours per year (which is increased to one thousand two hundred and twenty (1220) effective beginning in calendar year 2024) shall be established for the purpose of allowing authorized representatives of the Association to represent members of the Association in their employment relations. Such allowance may be utilized only by those persons authorized by the Board of Directors of the Association and such utilization shall be subject to the rules indicated in Exhibit B. Up to two hundred (200) hours per year of unused hours may be carried over to the subsequent year. ·Association Bank Time - the Association time hours must be tracked by use of a separate payroll code so that each time it is used it is specifically accounted for on the time sheet of the employee who uses it ·Voluntary Catastrophic Leave Donation - added grandchild, grandparent, sibling and in-laws to definition of family member. Other Items ·Uniforms -shall be paid with the first paycheck in December (not as a separately from payroll checks). ·Administrative Dispatcher Assignment - modified language to reflect new titles for dispatchers. ·Salary Schedule - modified pay rates and titles included. ·Job Sharing Program -Police Communications Operators eligible for this program must have three (3)years dispatch experience as a Police Communications Operator for Huntington Beach Police.Lateral Police Communication Operators with three (3)years of prior experience are eligible after two (2)years’experience with HBPD.Police Communications Supervisors must have three (3)years dispatch experience as a Police Communications Operator and/or Police Communications Supervisor for Huntington Beach Police.Detention Officers are eligible after two (2)years’experience as Detention Officers with HBPD. Detention Supervisors are eligible after two (2)years’experience as Detention Officers and/or Detention Supervisors with HBPD. Receive 30 hours of Family Sick time per MOU. ·Alternative Dispute Resolution -removed language pertaining to temporary nature of agreement,and modified sentence as follows:The parties reserve the right to terminate this Agreement at any time, by mutual agreement or by act of the legislature. ·Special Assignments -outlines terms and selection process for assignments receiving Special Assignment Pay ·Chief Pilot -outlines duties,eligibility requirements and selection process for Chief Pilot assignment. City of Huntington Beach Printed on 6/1/2023Page 6 of 7 powered by Legistar™ File #:23-488 MEETING DATE:6/6/2023 A summary of these and all other negotiated provisions are included as Exhibit “A”. Environmental Status: NA Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1.Summary of Memorandum of Understanding Modifications 2.Fiscal Impact Report 3.PowerPoint Presentation 4.Proposed Memorandum of Understanding - Exhibit “A” City of Huntington Beach Printed on 6/1/2023Page 7 of 7 powered by Legistar™ Tentative Agreement Between The City of Huntington and the Huntington Beach Police Officers’ Association May 8, 2023 Article # Subject Proposal I Term July 1, 2023 – June 30, 2026 VI A Salary Schedule Effective June 24, 2023, employees will receive a base salary increase of five percent (5.0%). Effective the pay period including July 1, 2024, employees will receive a base salary increase of five (5.0%). Effective the pay period including July 1, 2025, employees will receive a base salary increase of five percent (5.0%). VII(A)(1)(b) POST Certificate Program Increased the premium for possession of an Advanced POST certificate from 6% to 8% effective June 24, 2023. VII(B) New Special Assignment Pay The provisions of special assignments, including the pay, is set forth in Exhibit H to this MOU. VII(C) Flight Pay Modified language: The parties agree this pay shall commence upon assignment to the Aero unit. VII(D) New Chief Pilot/Safety Officer One employee will be designated as the Chief Pilot/Safety Officer and shall be paid five percent (5%) of their base hourly rate of pay in addition to other compensation. The duties, eligibility requirements and selection process are set forth in Exhibit I of this tentative agreement. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and Section 571.1(b)(3) Flight Time Premium. VII(G) Motor Pay Added language: This pay also shall be paid for the hours an employee is in training for this assignment. VII(F)(2)(c) Bilingual Pay Modified language: The City reserves the right to retest at the Chief of Police’s discretion, no more frequently than once every 12 months. VII(I)(2-3) Longevity Pay Longevity pay shall be increased as follows: i. Sworn: 20 years of sworn law enforcement, increase from 10% to 15%. ii. Non-Sworn: 20 years of full-time service for Huntington Beach or worked in the same job classification at another law enforcement agency, from 0% to 5% effective June 24, 2023. VII(J) New Retention Pay Non-sworn employees in the bargaining unit with at least 20 years of experience working in a law enforcement department who do not qualify for Longevity Pay shall receive Retention Pay at 5% of the base hourly rate. Employee may qualify for Longevity Pay or Retention Pay, but not both. VII(M) Nurse Pay The terms of the Side Letter pertaining to Nurse Pay will be incorporated into the final MOU. VIII(A) Uniforms Modified language: Shall be paid with the first paycheck in December (not as a separately from payroll checks). IX(A)(3) 7/11.5 Work Schedule Modified language: The “7/11.5” work schedule applies to designated employees of the Patrol Division and Administrative Operations Division and Jail. IX(A)(4) New 3/12 or 3/12.5 Work Schedules The following work schedules may be assigned: a. 3/12-This is three 12-hour consecutive days with a fixed 8-hour day every other week. The FLSA workweek begins exactly four hours after the start time of the employee’s 8-hour day; b. 3/12.5 + 5 Work Schedule-Employees are scheduled to work three 12.5 hour shifts (on consecutive days) each week, with one additional five hour shift each 14 days that is adjacent to the employee’s first or last regularly scheduled shift of the week. These employee’s FLSA workweeks shall begin exactly 2.5 hours into the start time of their five-hour shift and end exactly 168 hours later; c. 3/12.5 Work Schedule-This work schedule is only available for sworn employees. The 3/12.5 schedule shall consist of three consecutive 12.5-hour shifts each week with one additional 10-hour shift each 28 days that is prescheduled prior to shift bid by the unit supervisor. IX(A)(5) Work Week Communications Center Modified language: Employees in classifications of Police Communications Operator and Police Communications Supervisor shall work a 4/10 schedule, which consists of four (4) consecutive work days of ten (10) consecutive hours each, followed by three (3) consecutive days off. Each 10-hour shift shall be inclusive of a paid meal period and breaks. Upon agreement of the Association and the Chief of Police, communications center employees may be assigned to any of the other work schedules set forth above. IX(A)(7) New Motors Employees assigned as motor officers in the Special Operations Division Traffic Bureau shall be assigned to either a 3/12.5 or 4/10 schedule. Employees shall bid their shifts according to either a 3/12.5 or 4/10 schedule. Those working the 4/10 schedule shall be assigned to work Monday through Thursday. Those assigned to the 3/12.5 shall work Friday through Sunday. The 3/12.5 schedule shall consist of three consecutive 12.5 hour shifts each week, with one additional 10-hour shift each 28 days that is prescheduled prior to shift bid by the unit supervisor. The three existing motor officers as of the execution of this MOU are grandfathered into the existing 7/11.5 schedule including their assigned work days, and are exempt work schedule bidding. IX(B)(3) Subpoena Compensation Add the following language to a.: For example, if an employee who is required to appear at court at 9:00 a.m. on a day their shift begins at 10:00 a.m., the employee would receive overtime pay for the hour between 9:00 a.m. and 10:00 a.m. However, if that same employee were not scheduled to work that day, they would receive minimum of three (3) hours overtime pay. Add the following language to b.: For example, if an employee who is required to appear at court at 9:00 a.m. on a day their shift begins at 10:00 a.m., the employee would receive their regular rate of pay for the hour between 9:00 a.m. and 10:00 a.m. However, if that same employee were not scheduled to work that day, they would receive minimum of three (3) hours at their regular rate of pay. Modify language to c.: Employee shall be paid two (2) hours of pay at their regular rate of pay when a subpoena for off-duty testimony is cancelled with less than twenty-four (24) hours’ notice. IX(B)(4) Standby Pay Incorporate Side Letter language and modified language as follows: a. Employees on standby must respond to the initial request notification as soon as possible, but in no case more than thirty (30) minutes. Methods of response to the initial request may include phone call, email or text message. b. Employees on standby should be actively engaged in tasks directly related to the emergency as soon as possible, but in no case more than two (2) hours of the initial notification. c. In the event in-person response is required to an incident, crime scene or to a police facility, arrival at the location in question should generally be within two hours after acknowledgment of the request. d. Employees shall not work overtime or extra duty assignments which would cause the employee to be unavailable to respond to emergency situations during the time period the employee is assigned to standby duty. e. Employees on standby must refrain from intoxicants or other activities which might impair the employee's ability to perform assigned duties or to respond in a timely manner. f. Employees assigned to standby shall be furnished with all equipment necessary to perform standby duties, including take- home cars, City-issued cellular phones and/or computers. g. The parties have agreed that minimally there shall be five personnel assigned to stand by from Friday at 4 p.m. to Monday at 6 a.m. (12 hours of standby pay). Those personnel shall include: (1) a Sergeant to supervise crimes against persons investigations, (2) two detectives assigned to investigate crimes against persons, (3) one traffic investigator, and (4) one Traffic Sergeant. h. In addition to the above, the President of the Association or one of the Board members of the Association (the particular Board member shall be determined by the Association) shall be on standby each week. Friday at 4 p.m. to Monday at 6 a.m. (12 hours of standby pay). X(A)(1) Health and Other Insurance Benefits - Retiree Medical Removed language indicating that this benefit will sunset. X(B)(1)(b) Health and Other Insurance Benefits The City’s contribution towards employees’ health insurance at each plan level (i.e., E/ee, E/ee+1, E/ee+2 or more) shall be increased as follows: i. January 1, 2024, increase monthly contributions to medical insurance for single, two-party and family by $39, $78 and $101, respectively. ii. January 1, 2025, increase monthly contributions to medical insurance for single, two-party and family by $33, $66 and $84, respectively. X(B)(7)(c) Income Protection Plan Modified language: The City shall pay to HBPOA forty-one dollars ($41) per month per occupied covered position represented by HBPOA and HBPOA shall pay the cost of LTD premiums for each such covered position. XI(A)(6) XI(E)(5) XI(F)(5) Retirement Modify language to: Classic member safety members shall cost share four percent (4%) compensation earnable in accordance with Government Code section 20516(f). New member safety members shall cost share an amount that when added to the one half of the normal cost rate (as established by CalPERS each fiscal year in its annual valuation for the City) shall result in the employee’s total pension contribution being 13% pensionable compensation. For example, if the one-half of the normal cost rate is 11.75%, these members will cost share 1.25% pensionable compensation in accordance with Government Code section 20516(f). If in future fiscal years, the required CalPERS member contribution rate for new member safety members is 13% or more, there shall be no cost sharing during that fiscal year and employees will only pay the one half of the normal cost rate. Similarly, if the member contribution rate (one-half of the normal cost) is reduced from the prior fiscal year to below 13%, these members will cost share a percentage that when added to the normal cost rate will equal 13% pensionable compensation. Effective the beginning of the pay period including January 1, 2021, New member miscellaneous members shall cost share an amount that when added to the one half of the normal cost rate (as established by CalPERS each fiscal year in its annual valuation for the City) shall result in the employee’s total pension contribution being 9% pensionable compensation. For example, if the one-half of the normal cost rate is 6.75%, these m embers will cost share 2.25% pensionable compensation in accordance with Government Code section 20516(f). If in future fiscal years, the required CalPERS member contribution rate for new member miscellaneous members is 9% or more, there shall be no cost sharing during that fiscal year and employees will only pay the one half of the normal cost rate. Similarly, if the member contribution rate (one half of the normal cost) is reduced from the prior fiscal year to below 9%, these members will cost share a pe rcentage that when added to the normal cost rate will equal 9% pensionable compensation XII(A) Leave Benefits – General Leave Modified language: The provisions on General Leave are set forth below. They went into effect on April 18, 2020, the first day of the pay period following City Council approval of this 2020-2023 MOU. Prior to the effective date of General Leave, members of the Association earned vacation leave, as set forth in the prior MOU. Members’ accrued vacation leave balances carried over past the effective date of General Leave. Although members no longer earn vacation, they may use their accrued vacation leave and shall be cashed out of any vacation balances as provided in this Section XII(A) (5), (6), (7) & (8), below. XII(A)(4) Leave Benefits – General Leave Accrual Added language: In computing eligibility for continuous service, for sworn law enforcement members of the unit, it shall include sworn law enforcement service at another law enforcement agency. For non-sworn members of the unit, it shall include time both sworn law enforcement service at another agency as well as time in the same non-sworn classification in which they are serving in Huntington Beach. XII(A)(5)(b) New Leave Benefits – Use of General Leave (or Previously Accrued Vacation Leave) If an employee provides at least eight (8) days’ notice of a request to use General Leave, it will be granted, unless within the discretion of the Police Chief or their designee, the decision to grant the leave would create an operational burden. It is not an operational burden simply because another employee must work the shift on overtime. XII(A)(8) Leave Benefit – Deferred Compensation/General Leave (or Previously Accrued Vacation Leave) Modified language: Cash Out - The value of any accrued unused earned General Leave (or previously accrued Vacation Leave) may be transferred to deferred compensation (up to the maximum permitted by law) at the regular rate of pay annually or in connection with separation from employment. The employee must request the transfer no later than the end of the pay period prior to the employee’s last day of employment. Any unused earned General Leave (or previously accrued Vacation Leave) remaining upon separation for employees who participate in the Retiree Medical Trust will be transferred to the qualified medical retirement trust program on a pre-tax basis. XII(A)(9) New Leave Benefits – Use of General Leave (or Previously Accrued Vacation Leave) Added language: Financial Hardship - An employee may cash out accrued, unused vacation or general leave if they have an “unforeseen emergency” (defined as an unanticipated emergency that would result in severe financial hardship to the employee if early withdrawal were not permitted). A determination as to whether an “unforeseen emergency” exists shall be determined by the City at its discretion and is not subject to the filing of a grievance. XII(D) Family and Medical Care Leave Added language: Employees are entitled to use up to one half (½) of one year’s annual accrual of general leave for the relationships set forth at Labor Code section 233. XII(H) Association Business Modified language: An allowance of one thousand forty (1040) hours per year (which is increased to one thousand two hundred and twenty (1220) effective beginning in calendar year 2024) shall be established for the purpose of allowing authorized representatives of the Association to represent members of the Association in their employment relations. Such allowance may be utilized only by those persons authorized by the Board of Directors of the Association and such utilization shall be subject to the rules indicated in Exhibit B. Up to two hundred (200) hours per year of unused hours may be carried over to the subsequent year. XIV(B) Miscellaneous – Meal and Mileage Allowance Modified language: The Parties agree to follow Policy AR 301 addressing Meal and Mileage Allowance and incorporate it by reference into this MOU. XIV(J) Administrative Dispatcher Assignment Modified language to reflect new titles for dispatchers. Exhibit A Salary Schedule Modified pay rates and titles included Exhibit B Association Bank Time Added language: The Association time hours must be tracked by use of a separate payroll code so that each time it is used it is specifically accounted for on the time sheet of the employee who uses it Exhibit E(2) Voluntary Catastrophic Leave Donation Added grandchild, grandparent, sibling and in-laws to definition of family member. Exhibit F(B) Exhibit F(C) Job Sharing Program Modified language: 2. Police Communications Operators eligible for this program must have three (3) years dispatch experience as a Police Communications Operator for Huntington Beach Police. Lateral Police Communication Operators with three (3) years of prior experience are eligible after two (2) years’ experience with HBPD. Police Communications Supervisors must have three (3) years dispatch experience as a Police Communications Operator and/or Police Communications Supervisor for Huntington Beach Police. 3. Detention Officers are eligible after two (2) years’ experience as Detention Officers with HBPD. Detention Supervisors are eligible after two (2) years’ experience as Detention Officers and/or Detention Supervisors with HBPD. 9. Receive 30 hours of Family Sick time per MOU. Exhibit G(II) Alternative Dispute Resolution Removed language pertaining to temporary nature of agreement, and modified sentence as follows: The parties reserve the right to terminate this Agreement at any time, by mutual agreement or by act of the legislature. Exhibit H New Special Assignments Outlines terms and selection process for assignments receiving Special Assignment Pay Exhibit I New Chief Pilot Outlines duties, eligibility requirements and selection process for Chief Pilot assignment. City of Huntington BeachTentative Agreement ‐ 5/8/2023Proposed Term: 3 yearsYear 1Year 2Year 3FY 23/24 FY 24/25 FY 25/26MOU Item #DescriptionEstimated YOYImpactEstimated YOYImpactEstimated YOYImpactTotal Cost of Proposal Ongoing Cost Year 1Year 2Year 3Total Notes:1Term: 3 years (July 1, 2023 ‐ June 30, 2026)Salary IncreasesSworn2,252,652 2,365,284 2,483,548 7,101,484 8,410,691 5.00% 5.25% 5.51% 15.76%Non‐sworn267,278 280,642 294,674 842,595 951,851 5.00% 5.25% 5.51% 15.76%Special Assignment PaySworn369,888 18,494 19,419 407,801 407,801 0.82% 0.04% 0.04% 0.91% 3% premium; total 13 Sgts & 52 OfficersNon‐sworn4,131 207 217 4,555 4,555 0.08% 0.00% 0.00% 0.09% 3% premium; total 1 Dispatch SupervisorChief Pilot / Safety OfficerSworn9,037 452 474 9,964 9,964 0.02% 0.00% 0.00% 0.02% 5% premium; total 1 OfficerProfessional Development / POSTSworn553,724 27,686 29,070 610,480 610,480 1.23% 0.06% 0.06% 1.36%Longevity/Retention PaySworn566,555 28,328 29,744 624,627 624,627 1.26% 0.06% 0.07% 1.39% 20 Yr Longevity Pay from 10% to 15%Non‐sworn48,154 2,408 2,528 53,090 53,090 0.90% 0.05% 0.05% 0.99% 20 Yr Longevity Pay of 5%OT to Deferred Comp (No Cost)Health InsuranceSworn97,605 181,112 83,508 362,225 362,225 0.22% 0.40% 0.19% 0.80% The proposal includes Year 1 annual increases Non‐sworn18,591 34,498 15,906 68,995 68,995 0.35% 0.65% 0.30% 1.29%($39, $78 and $101) eff 1/1/24 and Year 2annual increases ($33, $66, and $101) eff 1/1/25Retiree Medical TrustSworn255,654 ‐ ‐ 255,654 255,654 0.57% 0.00% 0.00% 0.57%Non‐sworn48,696 ‐ ‐ 48,696 48,696 0.91% 0.00% 0.00% 0.91%% Cost Increase25% eff. July 1, 2023; 5% eff. July 1, 2024; 5% eff. July 1, 2025. Total increase = 15% (with compounding: 15.76%)345Advanced POST from 6% to 8%6789Maintain $1,200 per employee per year Year 1Year 2Year 3FY 23/24 FY 24/25 FY 25/26MOU Item #DescriptionEstimated YOYImpactEstimated YOYImpactEstimated YOYImpactTotal Cost of Proposal Ongoing Cost Year 1Year 2Year 3Total Notes:% Cost IncreaseIncome Protection PlanSworn7,560 ‐ ‐ 7,560 7,560 0.02% 0.00% 0.00% 0.02%Non‐sworn1,440 ‐ ‐ 1,440 1,440 0.03% 0.00% 0.00% 0.03%General Leave AccrualSworn75,435 3,772 3,960 83,168 83,168 0.17% 0.01% 0.01% 0.18%Non‐sworn6,963 348 366 7,676 7,676 0.13% 0.01% 0.01% 0.14%Approval of Gen Leave (No Cost)Association BusinessSworn16,312 816 856 17,984 19,204 0.04% 0.00% 0.00% 0.04%Non‐sworn110 6 6 122 122 0.00% 0.00% 0.00% 0.00%Per Diem (minimal cost)Standby PaySworn46,175 2,309 2,424 50,908 50,908 0.10% 0.01% 0.01% 0.11%Non‐sworn170 8 9 187 187 0.00% 0.00% 0.00% 0.00%Travel Expenses (No cost)Total Cost of Proposal 4,646,131 2,946,369 2,966,711 10,559,211 11,978,894 9.22% 5.85% 5.89% 20.95%Sworn 4,250,597 2,628,253 2,653,005 9,531,855 10,842,282 9.43% 5.83% 5.89% 21.16%Non‐sworn 395,534 318,116 313,706 1,027,356 1,136,612 7.40% 5.95% 5.87% 19.22%10Increase City's contribution by $3 per member per month141611Modify leave accrual to include total law enforcement services 1213Increase bank by 180 hours per year. Split based on percent usage by each job title. Used 1.25 factor to assume half would be backfilled by overtime.15Stand‐by pay equal to 30% of base pay (12 hrs/week), split between President & Board Tentative Agreement - May 8, 2023 Memorandum of Understanding Between Huntington Beach Police Officers’ Association and City of Huntington Beach JulyJanuary 1, 20230 - June 30, 20263[City1][City2][City3] MEMORANDUM OF UNDERSTANDING POLICE OFFICERS’ ASSOCIATION TABLE OF CONTENTS HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 i PREAMBLE ......................................................................................................................... 1 ARTICLE I - TERM OF MOU ............................................................................................... 1 ARTICLE II - REPRESENTATIONAL UNIT/CLASS ........................................................... 1 ARTICLE III - MANAGEMENT RIGHTS ............................................................................ 22 ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT ............................................ 22 ARTICLE V - SEVERABILITY ........................................................................................... 22 ARTICLE VI - SALARY SCHEDULE ................................................................................. 22 A. Salary Schedule ............................................................................................................... 2 B. Collection of Payroll Overpayments ................................................................................. 3 ARTICLE VII - SPECIAL PAY ........................................................................................... 33 A. Police Professional Development Plan ....................................................................... 33 B. Flight Pay .................................................................................................................... 54 C. Certified Flight Instructors ........................................................................................... 54 D. Shift Differential ........................................................................................................... 55 E. Motor Pay .................................................................................................................... 55 F. Bilingual Pay ............................................................................................................... 65 G. Holidays ...................................................................................................................... 66 1. Holiday In-Lieu Pay .................................................................................................... 6 2. Holidays Worked ........................................................................................................ 6 3. Holidays ..................................................................................................................... 6 H. FTO Compensation ..................................................................................................... 77 I. Longevity Pay .............................................................................................................. 77 J. Effective Date of Special Pays .................................................................................... 87 K. No Pyramiding/Compounding of Special Pays ............................................................ 88 L. Nurse Pay ................................................................................................................... 88 ARTICLE VIII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT ........................... 108 A. Uniforms .................................................................................................................... 108 B. Special Assignment Uniform Needs .......................................................................... 119 C. Motorcycle Britches ................................................................................................... 119 D. One Time Payment for Law Enforcement Equipment ......................................................... 8 ARTICLE IX - HOURS OF WORK/OVERTIME ................................................................... 9 A. Work Schedule .......................................................................................................... 119 2. 4/10 Schedule ............................................................................................................ 9 3. 7/11.5 Schedule ......................................................................................................... 9 4. Forty Hour Work Week Communication Center ...................................................... 10 5. Overtime .................................................................................................................. 10 B. Other Time .............................................................................................................. 1411 1. Compensatory Time Off ....................................................................................... 1411 2. Work Time ........................................................................................................... 1512 MEMORANDUM OF UNDERSTANDING POLICE OFFICERS’ ASSOCIATION TABLE OF CONTENTS HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 ii 3. Subpoena Compensation .................................................................................... 1512 4. Standby Pay ........................................................................................................ 1613 5. Call Back ............................................................................................................. 1713 6. Telephonic Business ............................................................................................ 1713 7. Canine Compensation ......................................................................................... 1713 8. Shift Trading ............................................................................................................ 14 ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS ........................................ 14 A. Retiree Medical Trust .................................................................................................. 14 B. Health .......................................................................................................................... 15 1. CalPERS Public Employees' Medical and Hospital Care Act .................................. 16 2. Dental Insurance...................................................................................................... 17 3. Retiree (Annuitant Coverage) .................................................................................. 17 4. Medical/Vision Opt-Out ............................................................................................ 18 5. Section 125 Employee Plan ..................................................................................... 18 6. Life Insurance .......................................................................................................... 18 7. Income Protection Plan ............................................................................................ 19 8. Long Term Care....................................................................................................... 20 ARTICLE XI - RETIREMENT ......................................................................................... 2621 A. "Classic Member" Safety Employee Retirement Benefits ........................................... 21 1. 3% @ Age 50 Plan .................................................................................................. 21 2. 1959 Survivors' Benefit Level IV .............................................................................. 21 3. Pre-retirement Optional 2 Death Benefit .................................................................. 21 4. One-Year Final Compensation ................................................................................ 21 5. "Classic Member" Safety CalPERS Member Contribution ....................................... 21 6. "Classic Member" Safety CalPERS Cost Sharing .................................................... 22 B. "Classic Member" Miscellaneous Employee Retirement Benefits ............................... 22 1. 2.5% @ Age 55 Plan ............................................................................................... 22 2. 1959 Survivors' Benefit Level IV ............................................................................. 22 3. Pre-retirement Optional 2 Death Benefit .................................................................. 22 4. One-Year Final Compensation ................................................................................ 22 5. "Classic Member" Miscellaneous CalPERS Member Contribution .......................... 22 6. "Classic Member" Miscellaneous CalPERS Cost Sharing ....................................... 22 C. Retirement Benefits for Safety and Miscellaneous Employees ................................... 23 D. CalPERS "New Member" Retirement Benefits ............................................................ 23 E. "New Members" Safety Retirement Benefits ............................................................... 23 1. 2.7% @ Age 57 Plan ............................................................................................... 23 2. 1959 Survivors' Benefit Level IV ............................................................................. 23 3. Pre-retirement Optional 2 Death Benefit .................................................................. 23 4. Final Compensation ................................................................................................. 23 6. "New Member" Safety CalPERS Cost Sharing ........................................................ 24 F. "New Member" Miscellaneous Retirement Benefits .................................................... 24 1. 2% @ Age 62 Plan .................................................................................................. 24 MEMORANDUM OF UNDERSTANDING POLICE OFFICERS’ ASSOCIATION TABLE OF CONTENTS HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 iii 2. 1959 Survivors' Benefit Level IV .............................................................................. 24 3. Pre-retirement Optional 2 Death Benefit .................................................................. 24 4. Final Compensation ................................................................................................. 24 6. "New Member" Miscellaneous CalPERS Cost Sharing ........................................... 24 ARTICLE XII - LEAVE BENEFITS ................................................................................. 3025 A. Vacation .................................................................................................................. 3025 1. Anniversary Date ................................................................................................. 3025 2. Annual Vacation .................................................................................................. 3025 3. Vacation Accrual .................................................................................................. 3125 4. Vacation ............................................................................................................... 3126 5. Vacation Pay at Separation ................................................................................. 3126 6. Vacation Conversion to Cash............................................................................... 3126 7. Deferred Compensation/Vacation Cash Out ............................................................ 27 B. Sick Leave Compensation ....................................................................................... 3227 C. General Leave ............................................................................................................. 27 1. Purpose ............................................................................................................... 3027 2. Anniversary Date ................................................................................................. 3027 3. Annual General Leave Eligibility .......................................................................... 3127 4. General Leave Accrual ........................................................................................ 3128 5. Use of General Leave .......................................................................................... 3128 6. General Leave Pay at Seperation ........................................................................ 3128 7. General Leave Conversion to Cash ..................................................................... 3128 8. Deferred Compensation/General Leave Cash Out .............................................. 3129 9. Sick Leave ........................................................................................................... 3129 D. Bereavement Leave ................................................................................................ 3529 E. Leave Benefits Entitlement ...................................................................................... 3530 F. Catastrophic Leave Donation Program ................................................................... 3630 G. Nurse Employees Certification ................................................................................ 3630 H. Cash Out of Compensatory Time ............................................................................ 3630 I. Association Business .............................................................................................. 3630 ARTICLE XIII - CITY PERSONNEL RULES .................................................................. 3631 ARTICLE XIV - MISCELLANEOUS ................................................................................... 31 A. Tuition Reimbursement ........................................................................................... 3631 B. Meal Allowance ....................................................................................................... 3731 1. Per Diem .............................................................................................................. 3731 2. Per Diem Schedule .............................................................................................. 3732 C. Mileage Allowance .................................................................................................. 3732 D. Weapon Vesting ...................................................................................................... 3832 E. Controlled Substance and Alcohol Testing .............................................................. 3832 F. Take Home Vehicles/ Distance to Work .................................................................. 3832 G. Administrative Appeal Procedure ............................................................................ 3832 H. Direct Deposit .......................................................................................................... 3832 I. Meet and Confer ......................................................................................................... 32 J. Physical Fitness Program ............................................................................................ 33 MEMORANDUM OF UNDERSTANDING POLICE OFFICERS’ ASSOCIATION TABLE OF CONTENTS HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 iv K. Administrative Dispatcher Assignment ........................................................................ 33 L. Classification and Compensation Study ...................................................................... 33 EXHIBIT A - SALARY SCHEDULE ................................................................................... 35 EXHIBIT B - ASSOCIATION BANK TIME ..................................................................... 4738 EXHIBIT C – SERVICE CREDIT SUBSIDY ................................................................... 4940 EXHIBIT D - ADMINISTRATIVE APPEAL PROCEDURE ................................................. 43 EXHIBIT E - VOLUNTARY CATASTROPHIC LEAVE DONATION .................................. 46 EXHIBIT F - JOB SHARING PROGRAM .......................................................................... 50 EXHIBIT G - ALTERNATIVE DISPUTE RESOLUTION AGREEMENT............................. 52 HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 1 MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) and THE HUNTINGTON BEACH POLICE OFFICERS’ ASSOCIATION (Hereinafter called ASSOCIATION or POA) PREAMBLE WHEREAS the designated representatives of the City of Huntington Beach and the Huntington Beach Police Officers’ Association have met and conferred in good faith with respect to salaries, benefits and other terms and conditions of employment for the employees represented by the Association; NOW, THEREFORE, this Memorandum of Understanding is made to become effective July January 1, 20230 and it is agreed as follows: ARTICLE I - TERM OF MOU This Memorandum of Understanding (MOU) shall be in effect for a term commencing on July January 1, 20230 and ending at 11:59 p.m. on June 30, 20263[City4][City5][City6][City7]. Except as expressly provided herein, no further improvements or changes in the salaries and monetary benefits and other terms and conditions of employment of the employees represented by the Association shall take effect during the term of this agreement and the Association expressly waives any right to request any improvements or changes in salaries or monetary benefits and other terms and conditions of employment specifically provided herein for the employees represented in the unit. Provided, however, the City and Association shall, upon request, meet and confer to address issues not specifically covered by provisions of this MOU, and/or discussed during the meet and confer process immediately preceding the adoption of the current MOU. ARTICLE II - REPRESENTATIONAL UNIT/CLASS It is recognized that the Huntington Beach Police Officers’ Association is the employee organization which has the right to meet and confer in good faith with the City on behalf of employees of the Huntington Beach Police Department within the classification titles as outlined in Exhibit A attached hereto and incorporated herein. POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 2 ARTICLE III - MANAGEMENT RIGHTS The City and Chief of Police retain all rights, powers and authority to manage and direct the performance of police services and the work force, except as modified by the MOUMemorandum of Understanding. Nothing herein shall change the City’s obligation to meet and confer as to the effects of any such management decision upon wages, hours, terms and conditions of employment or be construed as granting the City or Chief of Police the right to make unilateral changes in wages, hours, terms and conditions of employment. The parties agree the City has the right to unilaterally make decisions on all matters that are outside the scope of bargaining. Such matters include, but are not limited to, consideration of the merits, necessity, level or organization of police services, staffing requirements, overtime assignments, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, reasonable work and safety rules and regulations. ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the adoption of this MOUMemorandum of Understanding shall not change existing terms, conditions of employment that have been established in prior agreements between City and the Association. ARTICLE V - SEVERABILITY If any section, sub-section, sentence, clause, phrase or portion of this MOU or any additions or amendments thereof, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution or its application to other persons. The City Council hereby declares that it would have adopted this MOU and each section, sub-section, sentence, clause, phrase or portion, and any additions or amendments thereof, irrespective of the fact that any one or more sections, sub- sections, sentences, clauses, phrases or portions, or the application thereof to any person, be declared invalid or unconstitutional. ARTICLE VI - SALARY SCHEDULE A. Salary Schedule - Employees shall be compensated at hourly salary rates by classification title and salary range during the term of this agreement as set out in Exhibit A attached hereto and incorporated herein. Effective the beginning of the pay period including January 1, 2020, employees will receive a base salary increase of four percent (4.0%). Effective the beginning of the pay period including January 1, 2021, employees will receive a base salary increase of three and one half percent (3.50%). POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 3 Effective the beginning of the pay period including January 1, 2022, employees will receive a base salary increase of three and one half percent (3.50%). Effective June 24, 2023, employees will receive a base salary increase of five percent (5.0%). Effective the pay period including July 1, 2024, employees will receive a base salary increase of five percent (5.0%). Effective the pay period including July 1, 2025, employees will receive a base salary increase of five percent (5.0[City8]%). B. Collection of Payroll Overpayments - In the event that a payroll over payment is discovered and verified, and considering all reasonable factors including the length of time that the overpayment was made and if and when the employee could have reasonably known about such overpayment, the City will take action to collect from the employee the amount of overpayment(s). Such collection shall be processed by payroll deduction over a reasonable period of time considering the total amount of overpayment. In the event the employee separates from employment during the collection period, the final amount shall be deducted from the last payroll check of the employee. If applicable, the balance due from the employee shall be communicated upon employment separation if the last payroll check does not sufficiently cover the amount due the City. It shall be the responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error. The City reserves the right to also collect compensation overpayments caused by or the result of misinterpretation of a pay provision by non- authorized personnel. The interpretation of all pay provisions shall be administered by the City Manager or designee and as adopted by the City Council. Unauthorized compensation payments shall not constitute a past practice. ARTICLE VII - SPECIAL PAY A. Police Professional Development Plan 1. The Professional Development Plan for sworn personnel shall be as follows: a. College Degree Program i. Upon earning an AA Degree or attaining “Junior status” in a degree program, an employee shall be paid three percent (3%) of base hourly rate of pay in addition to other compensation. ii. Upon earning a BA/BS Degree, an employee shall be paid six percent (6%) of base hourly rate of pay in addition to other compensation. This pay is in lieu of pay received under sub-section (a)i above. POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 4 iii. College degrees or College units under this program shall conform to POST standards for accreditation as noted in POST Regulation 9070 (c)(1)(A) and (B). iv. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) and Section 571.1(b)(2) Educational Incentive Pay. b. POST Certificate Program i. Upon verification of having earned an Intermediate POST Certificate, an employee shall be paid three percent (3%) of base hourly rate of pay in addition to other compensation. ii. Upon verification of having earned an Advanced POST Certificate, effective June 24, 2023, an employee shall be paid eightsix percent (68%) of base hourly rate of pay in addition to other compensation. This pay is in lieu of pay received under sub-section (b)i above[City9]. iii. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) and Section 571.1(b)(2) Peace Officer Standard Training (POST) Certificate Pay[City10]. 2. Stipulations: a. Eligibility must be approved by the Chief of Police. An employee must maintain his/hertheir certification to remain eligible for the pay. b. Obtaining transcripts or other acceptable documentation is the employee’s responsibility. An employee may verify “Junior” status by submission of written verification that the employee has completed 60 or more accredited units and has achieved Junior status with that educational institution. 3. POST Supervisory Leadership Institute: Police Sergeants that have completed the POST Supervisory Leadership Institute shall receive $80 per month. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) and Section 571.1(b)(2) Peace Officer Standard Training (POST) Certificate Pay. 4. The maximum benefit that may be paid to an employee under Section (A) (Police Professional Development Plan) is twelve percent (12%) of the base hourly rate. In addition, Sergeants may be eligible for POST Supervisory Leadership Institute pay as provided in subparagraph 3, above. B. Special Assignment Pay POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 5 The provision of special assignments, including the pay is set forth in Exhibit H to this MOU[City11]. B.C. Flight Pay - Employees assigned to the Air Support Unit to fly in the helicopter as their primary duty assignment (i.e., assigned at least 50% of their scheduled hours in a pay period) shall be paid eight percent (8%) of their base hourly rate of pay in addition to other compensation. The parties agree this pay shall begin commence upon assignment to the Aero unit.when an employee begins the training for this assignment[City12]. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and Section 571.1(b)(3) Flight Time Premium[City13][City14]. C.D. Chief Pilot/Safety Officer – One employee will be designated as the Chief Pilot/Safety Officer and shall be paid five percent (5%) of their base hourly rate of pay in addition to other compensation. The duties, eligibility requirements and selection process are set forth in Exhibit I to the MOU. [City15]The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and Section 571.1(b)(3) Flight Time Premium. D.E. Certified Flight Instructors - Employees assigned as certified flight instructors shall be paid thirteen percent (13%) of their base hourly rate of pay in addition to other compensation. This pay is in lieu of Flight Pay defined in Section B above. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and Section 571.1(b)(3) Flight Time Premium. E.F. Shift Differential - Detention and Communication Employees’ required to work on a regular assigned shift that occurs during swing shift or graveyard shift, as defined by departmental policy through the meet and confer process, shall be paid five percent (5%) of the employee’s base hourly rate of pay in addition to other compensation for all hours worked during the swing or graveyard shift. The parties agree the department policy has been established by the meet and confer process. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and Section 571.1(b)(3) Shift Differential. F.G. Motor Pay 1. Employees regularly assigned to motorcycle duty shall be paid as hazardous duty pay five percent (5%) of their base hourly rate of pay in addition to other compensation. The parties agree that this pay shall also be paid for the hours an employee is in training for this assignment[City16][r17][City18]. 2. The parties agree any time spent on maintenance and/or cleaning of motorcycles shall be on-duty unless overtime has been approved in advance. The Department shall supply necessary materials needed to perform the following duties: a. Keeping the assigned motorcycle cleaned and waxed. POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 6 b. Keeping the drive chain properly lubricated and adjusted, if applicable. c. Performing a daily check of the motorcycle fluid levels and tire pressure. d. Scheduling required routine services at specified mileage intervals with police motorcycle mechanics. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and Section 571.1(b)(3) Motorcycle Patrol Premium. G.H. Bilingual Pay - Qualified employees who meet the criteria shall be paid five percent (5%) of their base hourly rate of pay in addition to other compensation. Human Resources will have written and oral tests designed and administered to test for qualifications. The qualifications will cover the more routine foreign language requirements in filling out crime reports, interviewing suspects and witnesses, and responding to the public on matters relating to an incident or other police action. 1. The languages included will be Spanish, Vietnamese and American Sign Language. Additional languages may be approved at the discretion of the Chief of Police. 2. Authorization of qualified employees for bilingual compensation will be based on the following: a. A need for the employee to use the language in the City to support the implementation of police operations. b. At the discretion of the Chief of Police, the number of employees qualified in each category may be limited based on department needs. c. Successful completion of tests authorized by the Chief of Police will be required to qualify for bilingual pay for any of the languages. Retesting may be done on an annual basis The City reserves the right to re-test at the Chief of Police’s discretion[City19][r20][City21], no more frequently than once every 12-months. 3. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and Section 571.1(b)(3) Bilingual Premium. H.I. Holidays 1. Holiday In-Lieu Pay - Employees represented by the Association and actively employed by the City, in addition to other compensation, shall be paid each biweekly payroll one twenty-sixth (1/26) of the total one hundred (100) holiday hours earned for the year. Effective the pay period following City Council approval POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 7 of this 2020-2023 MOU, employees shall be paid each biweekly payroll one twenty-sixth (1/26) of the total one hundred and twenty (120) holiday hours earned for the year. 2. Holidays Worked - Employees who are required to work on a recognized City holiday shall receive Holiday Pay in addition to the Holiday In-Lieu Pay set forth above equal to fifty percent (50%) of their regular rate of pay for all time actually worked from 12:00 a.m. through 11:59 p.m. on the recognized holiday. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5) and Section 571.1(b)(4) Holiday Pay. 3. Holidays - The following are the City recognized paid holidays under this MOU: a. New Year’s Day (January 1) b. Martin Luther King’s Birthday (third Monday in January) c. President’s Day (third Monday in February) d. Memorial Day (last Monday in May) e. Independence Day (July 4) f. Labor Day (first Monday in September) g. Veteran’s Day (November 11) h. Thanksgiving Day (fourth Thursday in November) i. Friday after Thanksgiving j. Christmas Day (December 25) H. FTO Compensation - Compensation shall be one-quarter (.25) hours pay at the base hourly rate, which may be deposited as compensatory time, for each hour worked as a Field Training Officer in addition to other compensation for the following assignments: 1. Police Officers who have successfully completed a POST certified Field Training Officer Course and have been designated Field Training Officers, assigned to Traffic or Patrol Bureaus, shall be eligible for Field Training Officer compensation. 2. Detention EmployeesOfficers[City22][r23][City24] designated to act as Training Officers. 3. Motor Officers designated to act as Training Officers. 4. Communication Employees designated as Training Officers. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and Section 571.1(b)(3) Training Premium. I. Longevity Pay - The City shall provide all sworn employees represented by the Association, the following longevity pay in addition to other compensation as established by the Department’s Sworn Personnel Seniority List: POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 8 1. Five percent (5%) of the base hourly rate of pay at 10 years of qualified sworn law enforcement experience. 2. Effective June 24, 2023, fifteenTen percent (150[City25][City26]%) of the base hourly rate of pay at 20 years of qualified sworn law enforcement experience. This pay is in lieu of the pay identified in sub-section 1 above. 2.3. Effective June 24, 2023, five percent (5%) of the base hourly rate of pay at 20 years for non-sworn employees who have worked for the City of Huntington Beach for twenty (20) years or more or worked in the same job classification (even if some of the time was with another law enforcement agency) for twenty (20) years or more[City27]. Only sworn law enforcement experience as defined by California Penal Code Sections 830.1 and 830.2 or the out-of-state equivalent as determined by the Chief of Police shall be included as qualified sworn law enforcement experience in the calculation of longevity. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1) and Section 571.1(b)(1) Longevity Pay. J. Retention Pay – For non-sworn employees in the bargaining unit with at least twenty (20) years of experience working in a law enforcement department who do not qualify for Longevity Pay in Subsection I above (either because they have not worked for the City or in the same classification for twenty (20) years or more), they shall receive Retention pay at five percent (5%) of the base hourly rate. If the employee subsequently qualifies for Longevity Pay as defined in Subsection I above, they shall no longer qualify for Retention Pay[City28]. J.K. Effective Date of Special Pays - All special pay shall be effective the first full pay period following certification and verification as approved by the Chief of Police or designee. All pays in this section are considered special pays and shall be included as part of the regular rate of pay for the purposes of calculating overtime. All pays not in this section are not considered special pays and are not included in the regular rate of pay for purposes of calculating overtime, except On-Call Court Time (Article IX(B)(3)(b)) and Cancelled Subpoenas (Article IX(B)(3)(c)) which shall be calculated into the regular rate of pay at base hourly rate, but not reported to PERS as special compensation. K.L. No Pyramiding/Compounding of Special Pay - Each special pay is a percentage of that employee’s base hourly rate of pay and shall not be counted towards the value of any other special pay. L.M. Nurse Pay - Employees in the classification of Detention Shift Supervisor, who possess a Nurse certification, pursuant to the Nurse classification job description, POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 9 shall receive five percent (5%) of their base hourly rate, for so long as they possess the Nursing Degree or certification[City29][r30][City31][City32]. 1. Overtime a. Overtime shifts among employees in the Detention Officer, Nurse Detention Officer and Detention Shift Supervisor classifications shall be assigned using a computerized staffing program, such as In-Time, and according to the parameters set forth herein. b. The parameters for programing the computerized staffing program shall be those parameters currently utilized for patrol overtime, and shall include the following: 1) Short Notice overtime (i.e., less than 72 hours advance notice) will be filled by the employee who first responds affirmatively to an email or text message notification of an available shift. 2) Regular Notice Overtime (i.e., 72 hours or more advance notice) will be assigned to an employee who has indicated an availability for the shift and who has worked the least overtime hours that deployment. If two or more employees have the same number of overtime hours worked, the shift shall be assigned to the employee with the greatest seniority. 2. Detention Shift Supervisor: a. Assignment to Vacant Shifts: Employees in the Detention Shift Supervisor classification will be assigned to work for vacant shifts in the Detention Shift Supervisor classification, subject to the parameters in paragraph 1. However, if no Detention Shift Supervisor has indicated an ability to work a vacant shift in the computerized staffing program, the shift will then be assigned to an employee in the Nurse Detention Officer or Detention Officer classifications, applying the above parameters. The Nurse Detention Officer or Detention Officer assigned to the shift will work in their regular assignment, not as the Supervisor. b. Shift Bidding: Detention Shift Supervisors shall bid shifts by seniority, according to their time as a Detention Shift Supervisor. 3. Nurse Detention Officer and Detention Officer: a. Assignment to Vacant Shifts: Employees in the classifications of Nurse Detention Officer and Detention Officer, will be assigned to work for vacant shifts in either classification, (e.g., because of a leave of absence). The parameters set forth in paragraph 1 will be followed by using the combined list (which includes seniority) of both POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 10 Nurse Detention Officers and Detention Officers. Employees in both classifications can fill a vacancy for either classification. Employees in the classification of Detention Shift Supervisor are not permitted to be assigned to work a vacancy for either a Nurse Detention Officer or Detention Officer unless there are no employees available (as set forth in paragraph 1 above) in the Nurse Detention Officer or Detention Officer classifications to work the shift. b. Shift Bidding: Employees in the classifications of Nurse Detention Officer and Detention Officer will bid shifts based on seniority. There will not be separate allocations of Detention Officer and Nurse Detention Officer positions on each shift, rather there will be a number of available shifts that may be bid equally by employees in either classification. The names of employees in both classifications will be placed on one seniority list, not individual seniority lists for each classification. Employees will be permitted to bid shifts each deployment. The parties agree, to the extent permitted by law, the compensation in this section (Nurse Pay) is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) and Section 571.1(b)(2) Educational Incentive Pay. M. Reopener – Rotation of Specialty Assignments - The parties agree that either party to this MOU may reopen negotiations during the term of this 2020-2023 MOU regarding the rotation of specialty assignments. Any changes would require an agreement of the parties[City33][r34][City35]. ARTICLE VIII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. Uniforms 1. The City shall continue the Uniform Allowance in lieu of the City providing uniforms for employees represented by the Association. Such allowance shall be thirteen hundred dollars ($1,300) for sworn employees and twelve hundred dollars ($1,200) for non-sworn employees per year. The Uniform Allowance for all employees shall be paid with the first paycheck in December. Employees hired after January 1st shall have their uniform allowance pro-rated for each month in which they were on active duty for a least one full shift, separately from payroll checks[City36][r37][City38][City39]. It is the mutual intent of the parties that this allowance shall be utilized solely for the purpose of replacing, repairing and maintaining uniforms and clothing worn in the line of duty. The City will continue to make initial issuance of required uniforms and replace uniforms and equipment damaged in the line of duty including safety equipment required by state law, City resolution or ordinance, or by order of the Chief of Police. POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 11 2. PERS Reporting of Uniform Allowance - The City shall report to the California Public Employees’ Retirement System (CalPERS) the uniform allowance for each sworn and civilian classification as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5). Notwithstanding the previous sentence, for “new members” as defined by the Public Employees’ Pension Reform Act of 2013, the uniform allowance will not be reported as compensation earnable to CalPERS. B. Special Assignment Uniform Needs - Uniforms and equipment for special assignments shall continue to be provided by the City. C. Motorcycle Britches - Motorcycle officers shall receive four pairs of britches at the time of assignment. After initial issue, replacement britches may be issued on the recommendation of the Traffic Bureau Commander with approval of the Department Head. All replaced britches must be turned in when replacement britches are received. ARTICLE IX - HOURS OF WORK/OVERTIME A. Work Schedule: 1. The work schedules agreed to by the City and the Association shall be as set forth herein unless the Association and the City mutually agree to changes. All employees are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Manager, Chief of Police or designee, may require such service from any of said employees. a. All work schedules are designed to be in compliance with the requirements of the Fair Labor Standards Act (FLSA). b. Meal times are included in all work schedules for all classifications represented by the bargaining unit[City40][r41][City42]. 2. 4/10 Schedule - All employees not assigned a different work schedule pursuant to this article shall work a 4/10 schedule consisting of four (4) consecutive ten (10) hours days followed by three (3) consecutive days off in a seven (7) day period. All employees work an eighty (80) hour work period, except for Communication Employees who work a forty (40) hour work week. 3. 7/11.5 Schedule – The “7/11.5” work schedule applies to designated employees of the Patrol Division and Administrative OperationsUniform Division[r43][City44][City45] and Jail. a. Workday – A workday for employees assigned to the 7/11.5 work schedule will consist of 11 hours and 25 minutes of work. POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 12 b. Eighty (80) Hour Work Period – For those sworn and detention employees working 11 hours and 25 minutes a day, the work period will consist of two consecutive weeks with three (3) consecutive shifts of 11 hours and 25 minutes in one week and four (4) consecutive shifts of 11 hours and 25 minutes in the second week. The total hours for these two consecutive weeks shall be considered equaling eighty (80) hours. The two-week cycle then repeats itself. These employees are subject to a 14 day FLSA work period in accordance with Section 7(k) of the FLSA. c. Exceptions – At the discretion of the Chief of Police, specialized assignments within the Uniform Division will work either the 4/10 or 7/11.5 as described above. Unless agreed upon by the Association, changes to these work shifts shall only be made during recruitment of new officers into the assignments. Task Force assignments outside the Police Department will be flexible based on an eighty (80) hour work period. d. Beach Schedule - If posted during recruitment, employees working the Beach detail shall be assigned a fixed schedule that incorporates a work week of four consecutive days comprised of two (2) 8-hour days and two (2) 12-hour days. e. Schedule – Employees assigned to training or a school in excess of thirty-two (32) hours in a work week will work a five (5) day, eight (8) hour work week in lieu of their regular work schedule. 4. 3/12 or 3/12.5 Work Schedules – There following work schedules may be assigned: a. 3/12: This is three 12-hour consecutive days with a fixed 8-hour day every other week. The FLSA workweek begins exactly four hours after the start time of the employees 8-hour day/ b. 3/12.5 + 5 Work Schedule - Employees are scheduled to work three 12.5 hour shifts (on consecutive days) each week, with one additional five hour shift each 14 days that is adjacent to the employee’s first or last regularly scheduled shift of the week. These employees’ FLSA workweeks shall begin exactly 2.5 hours into the start time of their five-hour shift and end exactly 168 hours later. c. 3/12.5 Work Schedule – This work schedule is only available for sworn employees. The 3/12.5 schedule shall consist of three consecutive 12.5-hour shifts each week, with one additional 10-hour shift each 28 days that is prescheduled prior to shift bid by the unit supervisor[City46]. 4.5. Work Week Communications Center Employees in the classifications of Police Communications Operator-PD and Police Communications Supervisor-PD[City47] work a 3/12.5+5 schedule in which employees are scheduled to work three 12.5 hour shifts (on consecutive days) each week, with one additional five hour shift each 14 days that is adjacent to the employee’s first or last regularly scheduled shift of the week. Employees may arrange shift trades such that the employee’s work one 10 hour day each 28 days. POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 13 These employees’ FLSA workweeks shall begin exactly 2.5 hours into the start time of their five-hour shift and end exactly 168 hours later. Commencing with the January 2022 deployment, through June 30, 2023, employees in the classifications of Communications Operator-PD and Communications Supervisor-PD shall work a 4/10 schedule, which consists of four (4) consecutive work days of ten (10) consecutive hours each, followed by three (3) consecutive days off. Each 10-hour shift shall be inclusive of a paid meal period and breaks[City48][City49][City50]. Upon agreement of the Association and the Chief of Police, communications center employees may be assigned to any of the other work schedules set forth above. During the term of this 2020-2023 MOU, either the City or the Association may request to meet and confer over changes to this work schedule at any time. If either party makes such a request to the other, the parties agree that they will promptly meet and confer. No changes to the work schedule can occur without an agreement of the parties. 5.6. Overtime a. Employees assigned to an eighty (80) hour work period shall be paid at the rate of one and one-half (1 ½) times their regular rate of pay for all time worked in excess of their regularly scheduled shift and/or 80-hour work period. Their 80 hour work period is authorized and in accordance with Section 7(k) of the FLSA. b. Employees assigned to a forty (40) hour work week shall be paid at the rate of one and one-half (1 ½) times their regular rate of pay for all time worked in excess of their regularly scheduled shift and/or forty (40) hour work week. However, Communication Operators on the 7/11.5 or 3/12.5+5 work schedule must work a minimum of forty (40) hours in the work week before earning overtime. Any hours worked in excess of the regularly scheduled shift that do not exceed forty (40) hours in a work week shall be paid at their regular rate of pay. c. As the City improves its existing Human Resources and Payroll systems to have more automated functionality, it will work toward enabling employees to be able to assign overtime pay to deferred compensation without incurring additional significant implementation costs or staff time. These efforts would occur in conjunction with normal software updates[City51]. 7. Motors: Employees assigned as motor officers in the Special Operations Division, Traffic Bureau, shall be assigned to either a 3/12.5 or 4/10 schedule. Employees shall bid their shifts according to seniority as a motor officer. Those working the 4/10 schedule shall be assigned to work Monday through Thursday. Those assigned to the 3/12.5 shall work Friday through Sunday. The 3/12.5 schedule shall consist of three consecutive 12.5-hour shifts each week, with one additional 10-hour shift each 28 days that is prescheduled prior to shift bid by the unit supervisor. POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 14 The three existing motor officers as of the execution of this MOU (Employee ID #’s 27021, 25785, and 70771Gasteiger, Frahm, D. Roberts) are grandfathered into the existing 7/11.5 schedule, including their assigned work days, and are exempt work schedule bidding[City52][City53]. B. Other Time: 1. Compensatory Time Off - Federal law controls the use of compensatory time off. Title 29 U.S. Code Section 207(o) allows the employer and employee representative to establish a compensatory time off bank in lieu of a cash overtime payment as required by the FLSA. The parties agree an employee may elect to bank compensatory time up to a maximum one hundred sixty (160) hours. The employee’s right to use compensatory time off may be restricted if a request to use is not made by providing reasonable notice or the requested use is “unduly” disruptive. The parties agree reasonable notice is seventy two (72) hours. If compensatory time off is requested with 72 hours or more notice, its use cannot be denied unless to do so would be unduly disruptive. A request to use compensatory time off made with less than the 72 hours’ notice can still be granted at the discretion of the manager to whom the request is made. In addition to the preceding, the Chief of Police shall identify days or events on which compensatory time can be denied. These days or events will be designated as "unduly disruptive days". There shall be a maximum of seven (7) unduly disruptive days per calendar year. The Chief of Police shall identify these "unduly disruptive days" as early as possible, and no later than 45 days prior to the designated date or event. Employees who already had been granted time off with pay for the "unduly disruptive days" selected by the Chief of Police prior to the time the selection had been made shall be allowed to continue to take that time off with pay. The Modified Maximum Deployment Calendar currently being used will be eliminated and shall be replaced by the designated "unduly disruptive days." The parties agree if by June 30, 20263, they have been unable to agree upon a successor MOU, the compensatory time off provisions will continue unless either party informs the other that it no longer agrees to allow the continued accrual of compensatory time off in lieu of overtime compensation. If that occurs, thirty (30) days after providing such notice to the other side, all overtime worked will be paid unless and until the parties agree upon a subsequent compensatory time off provision in the MOU[r54][City55]. The parties agree that use of compensatory time off at the following times will be unduly disruptive: a. At any time when the request for compensatory time off request presents an officer’s safety problem by going below shift minimum as presented by the City in the meet and confer process. POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 15 b. The Association, its officers, agents, representatives and/or members agree that during the term of this MOU they will not call, engage in, request or condone the use of compensatory time off for any strike, walkout, work stoppage, job action, slowdown, sick-out, blue flu, withholding of services or other interference with City operations, or honor any job action by any other employee of the City, employee organizations, or employees of any other employers by withholding or refusing to perform services. In the event that the Association, its officers, agents, representatives, and/or members engage in any of the conduct prohibited herein above, the compensatory time off provision of this MOU shall sunset and thereafter overtime hours shall be compensated at the employee’s overtime rate. c. To the extent that these provisions are inconsistent with the Settlement Agreement in HBPOA, et al. v. City of Huntington Beach, et al. Case No. CV 92-6265 CMB (Shx) said settlement agreement is superseded. Provisions not so superseded shall not be affected by the agreement. 2. Work Time - For the purpose of computing the 80 hour work period for sworn employees in the unit and the 40 hour workweek for non-sworn employees in the unit, the following shall be included as hours worked in determining the eligibility for overtime pay. a. Sick leave. b. Vacation and General Leave time taken during the work period. c. Compensatory time off taken during the work period. d. Any other paid leave time taken during the work period. 3. Subpoena Compensation a. Court Appearance Time - Employees required to appear in court during other than their scheduled working hours shall be paid a minimum of three (3) hours overtime pay; provided, however, that if such time overlaps with the employee’s scheduled working hours, said rate shall be limited to those hours occurring prior to or after the employee’s scheduled work time. For example, if an employee who is required to appear at court at 9:00 a.m. on a day their shift begins at 10:00 a.m., the employee would receive overtime pay for the hour between 9:00 a.m. and 10:00 a.m. However, if that same employee was not scheduled to work that day, they would receive minimum of three (3) hours overtime pay[City56][City57][City58]. The City shall recognize administrative subpoenas the same as criminal and civil, including subpoenaed hearings conducted by telephone. Telephone Business under subpoena is differentiated from Telephonic Work as described in Section 6 below. POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 16 b. On-Call Court Time - Employees required to be on-call for a court appearance during other than their scheduled working hours shall be paid a minimum of three (3) hours pay at their regular rate of pay for each morning and afternoon court session provided, however, that if such time overlaps with the employee’s scheduled working hours, said rate shall be limited to those hours occurring prior to or after the employee’s scheduled work time. For example, if an employee who is required to appear at court at 9:00 a.m. on a day their shift begins at 10:00 a.m., the employee would receive their regular rate of pay for the hour between 9:00 a.m. and 10:00 a.m. However, if that same employee was not scheduled to work that day, they would receive minimum of three (3) hours at their regular rate of pay[City59][City60][City61]. On-Call Court Time shall not be considered hours worked for the purpose of calculating overtime. Employees shall not be paid On-Call Court Time if Court Appearance Time is paid. c. Cancelled Subpoenas - Employee shall be paid two (2) hours of pay at their regular rate of pay for when a subpoenas for off-duty testimony is cancelled with less than twenty-four (24) hours’ notice[City62][r63][City64]. d. Retiree - In accordance with department policy, if the City accepts a subpoena on behalf of a current employee who then retires or a retiree, a stipend will be provided for court appearance time. The stipend will be based on the present Step E of the base hourly rate of pay of the position the retiree held before retirement from City service. Paid court preparation time and travel expenses shall be mutually agreed upon between the City and the retiree. 4. Standby Pay - An employee who is placed on standby status by a supervisor shall be paid four (4) hours pay at their base hourly rate of pay for each 24 (twenty-four) hour period, or any part thereof, of standby status. a. Employees on standby must respond to the initial request notification as soon as possible, but in no case more than thirty (30) minutes. Methods of response to the initial request may include phone call, email or text message. b. Employees on standby should be actively engaged in tasks directly related to the emergency situation as soon as possible, but in no case more than two (2) hours of the initial notification. c. In the event in-person response is required to an incident, crime scene or to a police facility, arrival at the location in question should generally be within two hours after acknowledgment of the request. d. Employees shall not work overtime or extra duty assignments which would cause the employee to be unavailable to respond to emergency situations during the time period the employee is assigned to standby duty. e. Employees on standby must refrain from intoxicants or other activities which might impair the employee's ability to perform assigned duties or to respond in a timely manner. POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 17 f. Employees assigned to standby shall be furnished with all equipment necessary to perform standby duties, including take-home cars, City-issued cellular phones and/or computers. a.g. The parties have agreed that minimally there shall be fourfive personnel assigned to stand by from Friday at 4 p.m. to Monday at 6 a.m. (12 hours of standby pay). Those personnel shall include: (1) a Sergeant to supervise crimes against persons investigations, (2) two detectives assigned to investigate crimes against persons, and (3) one traffic investigator[City65][r66][City67][City68], and (4) one Traffic Sergeant. h. In addition to the above, the President of the Association or one of the Board members of the Association (the particular Board member shall be determined by the Association) shall be on standby each week. Friday at 4 p.m. to Monday at 6 a.m. (12 hours of standby pay).[City69] 5. Call Back - Employees who are called back to work will be paid a minimum of two (2) hours pay at the overtime rate, upon arrival at the department or the incident scene until released. Should the called back employee be cancelled prior to arrival, the two (2) hour minimum shall be paid. 6. Telephonic Business - Off-duty employees shall be compensated a minimum of fifteen (15) minutes as hours worked when telephoned to conduct departmental business. Telephonic departmental business beyond fifteen (15) minutes shall be compensated in fifteen (15) minute increments (i.e., 16-30 minutes = 30 minutes of compensation, 31-45 minutes = 45 minutes compensation and so forth). Telephonic business is not considered Call Back Time as outlined in Article IX.B.5. 7. Canine Compensation - Employees assigned to canine duty shall be paid for the off-duty care, feeding and grooming of their canine and the routine, off-duty canine-related maintenance of their canine car. The City and the Association have considered the time that canine officers typically spend on off-duty canine care, and determined it to be fifteen (15) hours per month. Employees assigned to canine duty shall be paid fifteen (15) hours per month of overtime rate of pay based on the canine care salary rate. The canine care salary rate shall be two-thirds (2/3) of the Canine Officer's base pay rate, excluding any specialty or similar pays. In negotiating this MOU, the City requested that the Association conduct an actual inquiry of the hours which employees assigned to Canine duties perform each month to ensure compliance with the FLSA and in particular the case of Leever v. City of Carson City (9th Cir. 2004). The Association advised the City that the inquiry revealed that the hours to which the parties have agreed – (fifteen hours per month) accurately describes the time such employees are performing such duties each month[City70][r71][City72]. In addition to the fifteen (15) hours of pay per month described in the preceding paragraph, canine officers shall be paid for off-duty veterinary visits and extraordinary off-duty care, provided that, absent an emergency, the Officers shall obtain supervisor approval for such care and shall submit payroll exemption slips. POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 18 Any such additional canine compensation shall be paid at their overtime rate as defined in Article IX.A.4. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and Section 571.1(b)(3) Canine Officer/Animal Premium. 8. Shift Trading The parties agree the provisions below are compliant with the Fair Labor Standards Act. Unit members have the right to trade shifts with their colleagues within the same classification subject to the following conditions: a. Both employees agree to the shift trade voluntarily. b. The employees trading the shifts shall complete an appropriate shift trade form signed by both employees and presented to a supervisor for approval prior to the first affected shift. Supervisors will not unreasonably deny a trade. c. The employee whose shift is worked gets credit for the shift. Thus, the employee whose shift was worked will record the time as time worked on his or hertheir time sheet. Payback of the traded shift will be the responsibility of the two employees who trade shifts and will not be monitored by the City. However, the parties agree shift trades will be accomplished by the employees who trade within six (6) months of the first shift traded. If an employee leaves the City having not paid back a shift, it shall be the responsibility of the two employees to work out any pay back. ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS A. Retiree Medical Trust The City authorizes the HBPOA to participate in an employee welfare medical benefit trust fund program, called the PORAC Retiree Medical Trust, with the following conditions: 1. The City shall contribute $100.00 to the Trust per month for each represented employee. Equal contributions shall be made on the first two pay periods of each month. This benefit will continue until June 30, 2023 on which day it will sunset unless the parties affirmatively negotiate to maintain or modify it. At such time, the City will no longer have the obligation to make this $100.00 contribution to the Trust[City73][City74][r75][City76][City77]. 2. The City shall withhold $100.00 per month for each represented employee to participate in the program. The withholding could change and if it does, it shall be in an amount as designated in writing by the HBPOA. Deductions shall be taken on the first two checks of each month. POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 19 Generally, participation and contributions are required for every member of the bargaining unit represented by the Association. However, this requirement will not apply to an employee who is entitled to receive full retiree medical coverage due to his or hertheir service in the United States military (Military Exception). 3. HBPOA shall pay all associated expenses incurred to participate in this program. 4. Upon request, the HBPOA shall provide documentation to the City as follows: a. A copy of the in-force employee medical welfare benefit trust fund program; b. A statement certifying that funds collected are for employee welfare medical benefits for HBPOA represented employees only; c. A copy of the current program document as well as any changes, amendments or written confirmation that there have been no changes to the employee medical welfare benefit trust fund program provider; d. Verification of the funds submitted to the PORAC Retiree Medical Trust, and e. A statement certifying that the submitted funds are only being utilized to provide employee welfare medical benefit trust funds for participating members including members of the HBPOA. 5. City shall pay the withheld funds to the PORAC Retiree Medical Trust bi-weekly. 6. All Federal and State laws regarding employee medical welfare benefit trust funds coverage shall be followed. 7. HBPOA agrees that it will indemnify and hold harmless the City as well as all direct or indirect successors, officers, directors, heirs, predecessors, assigns, agents, insurers, employees, attorneys, representatives, and each of them, past and present, from and against any claims, lawsuits, penalties, interest, taxes, or liability of any kind whatsoever, which may result from the qualified employee welfare benefit trust fund program. B. Health The City shall continue to make available group medical, dental and vision benefits to all Association employees and qualified dependents. The effective date for medical, dental and vision coverage is the first of the month following date of hire. Effective the first of the month following the employee’s date of hire, any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates, unless otherwise precluded by CalPERS Public Employees' Medical and Hospital Care Act (PEMHCA). All employee contributions shall be deducted on a pre- tax basis. POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 20 1. CalPERS Public Employees' Medical and Hospital Care Act The City presently contracts with CalPERS to provide medical coverage. The City is required under CalPERS PEMHCA to make a contribution to retiree medical premiums. A retiree’s right to receive a City contribution, and the City’s obligation to make payment on behalf of retirees, shall only exist as long as the City contracts with CalPERS for medical insurance. In addition, while the City is in CalPERS, its obligations to make payments on behalf of retirees shall be limited to the required statutory minimum payment. a. PEMHCA Employer Contributions The City shall contribute on behalf of each employee, the required statutory minimum payment per month for the payment of premiums for medical insurance under the PEMHCA program. As the statutory minimum is increased, the City shall make the appropriate adjustments by decreasing its flex benefits contribution accordingly as defined in the following sub-section. b. Maximum Employer Contributions toward Flex Benefits The City’s maximum monthly employer contribution for each employee’s medical and vision insurance premiums are set forth as follows: Effective January 1, 2023[City78][r79][City80][City81][City82] Type of Coverage Medical Premium Employee Only (“EE”) $820.00 Employee + one dependent (“EE” + 1) $1,650.00 Employee + two or more dependents (“EE” + 2) $2,100.00 Effective January 1, 2024 Type of Coverage Medical Premium Employee Only (“EE”) $859.00 Employee + one dependent (“EE” + 1) $1,728.00 Employee + two or more dependents (“EE” + 2) $2,201.00 Effective January 1, 2025 Type of Coverage Medical Premium Employee Only (“EE”) $892.00 POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 21 Employee + one dependent (“EE” + 1) $1,794.00 Employee + two or more dependents (“EE” + 2) $2,285.00 i. Employee only (“EE”) – The cost of the medical premium up to a maximum of. $774.00. Effective in the pay period that includes January 1, 2021, the City agrees to increase this amount to the PORAC Region 2 amount for employee only coverage but not higher than $786.00 per month. Effective in the pay period that includes January 1, 2022, the City agrees to increase this amount to the PORAC Region 2 amount for employee only coverage but not higher than $826.00 per month. ii. Employee + one dependent (“EE” + 1) – The cost of the medical premium up to a maximum of $1,623.00. Effective in the pay period that includes January 1, 2022, the City agrees to increase this amount to the PORAC Region 2 amount for employee plus 1 coverage but not higher than $1,704.00 per month. iii. Employee + two or more dependents (“EE” + 2) – The cost of the medical premium up to a maximum $2,076.00. Effective in the pay period that includes January 1, 2022, the City agrees to increase this amount to the PORAC Region 2 amount for employee plus 2 or more dependents coverage but not higher than $2,180.00 per month. iv.i. The City shall also pay up to $22.76 per month for each employee for the VSP Vision Plan. The parties agree the required PEMHCA statutory minimum contribution is included in this sum stated in the sub-section above. If the employee enrolls in a plan wherein the costs exceed the City Contribution, the employee is responsible for all additional premiums through pre-tax payroll deductions. 2. Dental Insurance The annual maximum benefit for the Delta Dental PPO plan is $2000 (two thousand dollars). The maximum monthly City contribution for dental insurance shall be as follows: 1) employee only (“EE”) - $57.86; 2) employee plus one dependent (“EE+1”) - $108.02 or 3) employee plus two or more dependents (“EE+2”) - $142.36. 3. Retiree (Annuitant) Coverage As required by the Government Code retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. The City’s requirement to provide retirees and/or annuitants medical coverage is solely governed by the Government Code requirement that requires the City to extend this benefit to POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 22 retirees (annuitants). While the City is contracted with CalPERS to participate in the PEMHCA program, CalPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. a. City Contribution (Unequal Contribution Method) for Retirees As allowed by the Government Code and the CalPERS Board, and requested by the Association, the City contracted for and uses the Unequal Contribution Method to make City contributions on behalf of each retiree or annuitant. The starting year for the unequal contributions method was 2004 at $1.00 per month. The City’s contribution for each annuitant shall be increased annually by five percent (5%) of the monthly contribution for employees, until such time as the contributions are equal. The Service Credit Subsidy will be reduced every January 1st by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). The City shall make these payments only while the City is a participant in the PEMHCA program. b. Termination of Participation in the CalPERS PEMHCA program – Impact to Retirees The City’s requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the Association and the City or if the City elects to impose termination of its participation in the PEMHCA program, retirees (annuitants) shall no longer be eligible for City provided medical insurance. In the event that the City terminates its participation in the PEMHCA program, the retiree medical subsidy program in place in Resolution No. 2001-28 Exhibit C to the MOU shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. c. Termination Clause The City and Association may each request termination of the City’s contract with CalPERS after the announcement of State Legislation, Judicial Rulings, or a CalPERS Board Action that changes the employer’s contribution, insurance premiums or program changes to the CalPERS medical plan. The City and Association may elect to terminate its participation in the CalPERS PEMHCA program by mutual agreement through the meet and confer process between the Association and the City. 4. Medical/Vision Opt-Out Employees covered by group health insurance outside of a City-provided program (evidence of which must be supplied to the Human Resources Department), may elect to discontinue City medical coverage and either direct the cash value of the POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 23 City’s Contribution Cap for employee only (“EE”) medical coverage as described in Article X.B.1.(b) be deposited into their Deferred Compensation account, or any other pre-tax program offered or approved by the City, or the employee may elect to receive this amount as a taxable cash medical-opt out benefit. In order to be eligible for the opt-out payment the employee must be able to demonstrate to the City’s satisfaction that they are enrolled in a qualified employer-sponsored group health plan that provides minimum essential coverage as defined by the Affordable Care Act, (The coverage must be obtained through another source other than coverage in the individual market, whether or not obtained through Covered California) and will not incur penalties under the ACA. An employee may also elect to discontinue vision coverage. The employer-paid portion of the premium paid for vision coverage will be applied toward the medical premium[City83]. 5. Section 125 Employee Plan The City shall provide an Internal Revenue Code section 125 employee plan that allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or unreimbursed medical expenses as determined by the Internal Revenue Code. 6. Life Insurance The City will provide $50,000 term life insurance and $50,000 accidental death and dismemberment insurance without evidence of insurability other than evidence of working full time. Additional life insurance may be purchased consistent with the plan limitations, at the employee’s cost, with evidence of insurability. 7. Income Protection Plan[City84][r85][City86] The City authorizes the HBPOA to administer its own Long Term Disability (LTD) Program providing the following conditions are adhered to: a. The City and HBPOA agree that the City shall not no longer provide a City sponsored LTD Program. b. HBPOA shall contract with an authorized provider for a LTD program for the employees represented by the HBPOA. c. The City shall pay to HBPOA for the cost of LTD premiums not to exceed forty-onethirty-eight dollars ($4138[City87]) per month per occupied covered position represented by HBPOA and HBPOA shall pay the cost of LTD premiums for each such covered position. d. Non-dues paying represented employees shall be covered by the LTD Policy at the same premium rate as dues paying represented employees[City88][r89][City90]. POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 24 e. City payment to HBPOA is to be made for each represented employee per month based on the bi-weekly payroll. f. HBPOA shall pay the authorized provider for the cost of premiums and any expenses incurred for administering the program. g. The City shall provide the HBPOA with a monthly report of covered employees[City91][r92][City93]. h. No self-funding/self-insurance of LTD benefits is permitted under this agreement. i. Upon request, the HBPOA shall provide an annual certification of the Plan on each anniversary the Plan is in effect which will include: 1) A copy of the most current audited financial statements; 2) A copy of the latest actuarial report, which should be completed by an independent “Fellow of the Society of Actuaries”; 3) A copy of the in-force LTD Program; 4) A statement certifying that premiums collected are for LTD benefits for HBPOA represented employees only; 5) A copy of the current plan document as well as any changes or amendments, or written confirmation that there have been no changes as LTD provider; 6) A copy of the “Summary Annual Report” and, upon request, a copy of the latest filed Form 5500; 7) A listing of active HBPOA claimants with all relevant data as requested by City (i.e., date of disability, etc.) including the allocated reserves for each claimant; 8) Verification of the premium received and credited by the HBPOA. 9) A statement certifying that the submitted premiums are only being utilized to provide LTD benefits for participating members including members of the HBPOA; and 10) A written confirmation from the plan administrator confirming (i) that it is authorized to do business in California; (ii) that it is properly licensed; (iii) that it maintains current “Errors and Omissions” insurance; and (iv) that it is bonded. POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 25 j. All Federal and State laws regarding LTD benefit coverage shall be followed. k. HBPOA agrees that it will indemnify and hold harmless the City as well as all direct or indirect successors, officers, directors, heirs, predecessors, assigns, agents, insurers, employees, attorneys, representatives, and each of them, past and present, from and against any claims, lawsuits, penalties, interest, taxes, or liability of any kind whatsoever, which may result from the HBPOA sponsored and administered LTD insurance program. 8. Long Term Care a. The City authorizes the HBPOA to administer its own Long Term Care (LTC) Program providing the following conditions are adhered to: b. HBPOA shall contract with an authorized provider for LTC program for the employees represented by the HBPOA. c. The City shall pay to HBPOA for the cost of LTC premiums not to exceed twenty-five ($25) per month per occupied covered position represented by HBPOA. d. Non-dues paying represented employees shall be covered by the LTC Program at the same premium rate as dues paying represented employees[City94][r95][City96]. e. City payment to HBPOA is to be made for each represented employee per month based on the bi-weekly payroll. f. HBPOA shall pay the authorized provider for the cost of premiums and any expenses incurred for administering the program. g. The City shall provide the HBPOA with a monthly[r97][City98] report of covered employees. h. No self-funding/self-insurance of LTC benefits is permitted under this agreement. i. Upon request, the HBPOA shall provide any reasonable documentation to the City as similarly described in the LTD Program. j. All federal and State laws regarding LTC benefit coverage shall be followed. k. HBPOA agrees that it will indemnify and hold harmless the City as well as all direct or indirect successors, officers, directors, heirs, predecessors, assigns, agents, insurers, employees, attorneys, representatives, and each of them, past and present, from and against any claims, lawsuits, penalties, interest, taxes, or liability of any kind whatsoever, which may result from the HBPOA sponsored and administered LTC Program. POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 26 ARTICLE XI – RETIREMENT A. “Classic Member” Safety Employee Retirement Benefits: 1. 3% @ Age 50 Plan - The City shall provide the 3% @ Age 50 retirement formula set forth in California Government Code Section 21362.2 for all safety employees defined as “classic members” per the Public Employees’ Pension Reform Act of 2013 (PEPRA) represented by the Association. 2. 1959 Survivors’ Benefit Level IV (California Government Code Section 21574) - Members of the City’s safety retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit. 3. Pre-retirement Optional 2 Death Benefit (California Government Code Section 21548 – Safety Employees) 4. One-Year Final Compensation (California Government Code Section 20042) 5. “Classic Member” Safety CalPERS Member Contribution - a. All “classic members” shall pay their CalPERS member contribution of nine percent (9%) of compensation earnable. b. The City has adopted the CalPERS Resolution in accordance with IRS Code section 414(h)(2) to ensure that both the employee contribution and the City pickup of the required member contribution are made on a pre-tax basis. However, ultimately, the tax status of any benefit is determined by the law. 6. Classic Member Safety CalPERS Cost Sharing: a. Effective the beginning of the pay period including January 1, 2020, classic member safety members shall cost share two percent (2%) compensation earnable in accordance with Government Code section 20516(f). b. Effective the beginning of the pay period including January 1, 2021, classic member safety members shall cost share an additional one percent (1%) compensation earnable in accordance with Government Code section 20516(f), for a total cost share of three percent (3%). c.a. Effective the beginning of the pay period including January 1, 2022, cClassic member safety members shall cost share four percent (4%) an additional one percent (1%) compensation earnable in accordance with Government Code section 20516(f), for a total cost share of four percent (4[City99][r100][City101]%). B. “Classic Member” Miscellaneous Employee Retirement Benefits: POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 27 1. 2.5 % @ Age 55 Plan (California Government Code Section 21354.4) – Members of the City’s miscellaneous retirement plan with the California Public Employees’ Retirement System (CalPERS) shall receive the 2.5% at age 55 CalPERS retirement plan. 2. 1959 Survivors’ Benefit Level IV (California Government Code Section 21574) - Members of the City’s miscellaneous retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit. 3. Pre-Retirement Optional Settlement 2 Death Benefit (California Government Code Section 21548) - Members of the City’s miscellaneous retirement plan shall be covered by the Pre-Retirement Optional Settlement 2 Death Benefit. 4. One-Year Final Compensation (California Government Code Section 20042) 5. Classic Miscellaneous CalPERS Member Contribution - a. All “classic members” shall pay their CalPERS member contribution of eight percent (8%) of compensation earnable. b. The City has adopted the CalPERS Resolution in accordance with IRS Code section 414(h)(2) to ensure that both the employee contribution and the City pickup of the required member contribution are made on a pre-tax basis. However, ultimately, the tax status of any benefit is determined by the law. 6. Classic Member Miscellaneous CalPERS Cost Sharing: Effective the beginning of the pay period including January 1, 2020, cClassic member miscellaneous members shall cost share one percent (1%) compensation earnable in accordance with Government Code section 20516(f). C. Retirement Benefits for Safety and Miscellaneous Employees - Self-Funded Supplemental Retirement Benefit – In the event a PERS member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employees’ Retirement law, and the member is a unit employee who was hired prior to July 6, 1998, the City shall pay the difference between such elected option and the unmodified allowance which the member would have received for his/hertheir life alone as provided in California Government Code sections 21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the member, shall be payable by the City during the life of the member, and upon that member’s death, the City’s obligation shall cease. The method of funding this benefit shall be at the sole discretion of the City. All unit employees hired after July 6, 1998 shall not be eligible for this benefit. POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 28 D. CalPERS “New Member” Retirement Benefits: For “New Members” within the meaning of the California Public Employees’ Pension Reform Act (PEPRA) of 2013 as defined in California Government Code Section 7522.04(f). Employees (both sworn and miscellaneous) shall pay one half of the normal cost rate, as established by CalPERS each year in its annual valuation for the City, as required by California Government Code Section 7522.30(c). E. “New Member” Safety Retirement Benefits 1. CalPERS “New Member” Safety Retirement Formula: 2.7% @ Age 57 Plan - The City shall provide the 2.7% @ Age 57 retirement formula set forth in California Government Code Section 7522.25(d) for all safety employees defined as “new members” per the Public Employees’ Pension Reform Act of 2013 (PEPRA) represented by the Association. 2. 1959 Survivors’ Benefit Level IV (California Government Code Section 21574) – Members of the City’s safety retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit. 3. Pre-Retirement Optional Settlement 2 Death Benefit (California Government Code Section 21548) these members of the City’s safety retirement plan shall be covered by the Pre-Retirement Optional Settlement 2 Death Benefit. 4. Final Compensation - Final compensation will be based on the highest annual average pensionable compensation during the 36 consecutive months immediately preceding the effective date of his or hertheir retirement, or some other 36 consecutive month period designated by the member, as required by California Government Code Section 7522.32(a). 5. New Member Safety CalPERS Cost Sharing: Effective the beginning of the pay period including January 1, 2020, Nnew member safety members shall cost share an amount that when added to the one half of the normal cost rate (as established by CalPERS each fiscal year in its annual valuation for the City) shall result in the employee’s total pension contribution being 13% pensionable compensation. For example, if the one half of the normal cost rate is 11.75%, these members will cost share 1.25% pensionable compensation in accordance with Government Code section 20516(f). If in future fiscal years, the required CalPERS member contribution rate for new member safety members is 13% or more, there shall be no cost sharing during that fiscal year and employees will only pay the one half of the normal cost rate. Similarly, if the member contribution rate (one half of the normal cost) is reduced from the prior fiscal year to below 13%, these members will cost share a percentage that when added to the normal cost rate will equal 13% pensionable compensation[City102][City103]. POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 29 This will ensure that these members will pay 13% of pensionable compensation (when combined with the 11.75% 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 member safety members shall become greater or less than 11.75% of pensionable compensation, as determined by CalPERS’s annual valuation, the additional contribution made by the employee under 20516(f) will be increased or decreased accordingly, so that the total employee contribution equals 13% of pensionable compensation. In the event that 50% of normal cost, as determined by CalPERS, exceeds 13%, these employees shall pay 50% of normal cost, only. F. “New Member” Miscellaneous Retirement Benefits 1. CalPERS “New Member” Miscellaneous Retirement Formula: 2% @ Age 62 Plan -The City shall provide the 2% @ Age 62 retirement formula set forth in California Government Code Section 7522.20(a) for all non-safety employees defined as “new members” per the Public Employees’ Pension Reform Act of 2013 (PEPRA) represented by the Association. 2. 1959 Survivors’ Benefit Level IV (California Government Code Section 21574) – Members of the City’s miscellaneous retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit. 3. Pre-Retirement Optional Settlement 2 Death Benefit (California Government Code Section 21548) these members of the City’s miscellaneous retirement plan shall be covered by the Pre-Retirement Optional Settlement 2 Death Benefit. 4. Final Compensation - Final compensation will be based on the highest annual average pensionable compensation during the 36 consecutive months immediately preceding the effective date of his or hertheir retirement, or some other 36 consecutive month period designated by the member, as required by California Government Code Section 7522.32(a). 5. New Member Miscellaneous CalPERS Cost Sharing: Effective the beginning of the pay period including January 1, 2020, new member miscellaneous members shall cost share 1.50% pensionable compensation in accordance with Government Code section 20516(f). Effective the beginning of the pay period including January 1, 2021, nNew member miscellaneous members shall cost share an amount that when added to the one half of the normal cost rate (as established by CalPERS each fiscal year in its annual valuation for the City) shall result in the employee’s total pension contribution being 9% pensionable compensation. For example, if the one half of the normal cost rate is 6.75%, these members will cost share 2.25% pensionable compensation in accordance with Government Code section 20516(f). If in future fiscal years, the required CalPERS member contribution rate for new member miscellaneous members is 9% or more, there shall be no cost sharing during that POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 30 fiscal year and employees will only pay the one half of the normal cost rate. Similarly, if the member contribution rate (one half of the normal cost) is reduced from the prior fiscal year to below 9[City104]%, these members will cost share a percentage that when added to the normal cost rate will equal 9% pensionable compensation. an additional amount of pensionable compensation (estimated at one and one quarter percent (1.25%)) in accordance with Government Code section 20516(f) for total cost shall of two and three-quarters percent (2.75%). This will ensure that effective the beginning of the pay period including January 1, 2021, these members will pay 9% of pensionable compensation (when the estimated 2.75% is 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, (including 2021 if the normal cost rate is modified from 6.25%) member contribution rate for new member safety members shall become greater or less than 6.25% of pensionable compensation, as determined by CalPERS’s annual valuation, the additional contribution made by the employee under 20516(f) will be increased or decreased accordingly, so that the total employee contribution equals 9% of pensionable compensation. In the event that 50% of normal cost, as determined by CalPERS, exceeds 9%, these employees shall pay 50% of normal cost, only. ARTICLE XII -– LEAVE BENEFITS Subsection A Vacation and Subsection B(1) on Sick Leave Compensation shall only apply from January 1, 2020 until 12:00 a.m. the first day of the pay period following City Council approval of this 2020-2023 MOU. On that date at 12:01 a.m., new subsection C, General Leave, shall apply[City105]. Vacation: 1. Anniversary Date - For the purpose of computing vacation, an employee’s anniversary date shall be the most recent date on which he/shethey commenced full-time City employment. 2. Annual Vacation - The purpose of annual vacation is to provide a rest period, which will enable each employee to return to work physically and mentally refreshed. All employees shall be entitled to annual vacation with pay except the following: a. Employees who have not completed six (6) months of continuous service with the City. b. Employees who work less than full-time who are not permanent. c. Employees on leave of absence. POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 31 3. Vacation Accrual - Employees in the City’s service, having an average work week of forty (40) hours, shall accrue annual vacation with pay in accordance with the following: a. For the first (1st) through the fourth (4th) year of continuous service, vacation time will be accrued at the rate of one hundred twelve (112) hours per year (4.31 biweekly). b. For the fifth year (5th) and through the ninth (9th) year of continuous service, vacation time will be accrued at the rate of one hundred thirty six (136) hours per year (5.23 biweekly). c. For the tenth (10th) year and through the fourteenth (14th) year of continuous service, vacation time will be accrued at the rate of one hundred sixty (160) hours per year (6.15 biweekly) d. For the fifteenth (15th) year and thereafter of continuous service, vacation time will be accrued at the rate of one hundred ninety two (192) hours per year (7.38 biweekly). 4. Vacation a. No employee shall be permitted to take a vacation in excess of actual time earned and vacation shall not be accrued in excess of four hundred (400) hours. Vacations shall be taken only with permission of the Chief of Police; however, the Chief of Police shall schedule all vacations with due consideration for the wish of the employee and particular regard for the need of the department. b. Vacation accumulated in excess of the four hundred (400) hour cap shall be paid at the base hourly rate of pay on the first pay day following such accumulation. 5. Vacation Pay at Separation For Employees Exempt From the Retirement Medical Trust – These employees shall be paid for unused vacation upon separation of employment at which time they shall be paid compensation at their current regular rate of pay for all unused, earned vacation to which they are entitled through their last day of employment. 6. Vacation Conversion to Cash - An employee may elect to take up to eighty (80) hours of pay at their current regular rate of pay per calendar year for accrued vacation in lieu of time off. It is the intent of the parties that employees will take vacation during the current year. On or before the beginning of the pay period which includes December 15 of each calendar year, an employee may make an irrevocable election to cash out POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 32 up to eighty (80) hours of accrued vacation which will be earned in the following calendar year at the employee’s regular rate of pay. By Thanksgiving in the following year, the employee will receive cash for the amount of vacation the employee irrevocably elected to cash out in the prior year. However, if the employee’s vacation leave balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of leave the employee has accrued at the time of the cash out. 7. Deferred Compensation/Vacation Cash Out - The value of any unused earned vacation may be transferred to deferred compensation at the regular rate of pay in connection with separation from employment, but only during the time the employee is actively employed with the City. The employee must request the transfer no later than the pay period prior to the employee’s last day of employment. Any unused earned vacation remaining upon separation will be transferred to the qualified medical retirement trust program on a pre-tax basis. B. Sick Leave Compensation 1. All employees shall be entitled to use a maximum of sixty (60) calendar days paid sick leave per incident or illness. This leave shall not accumulate beyond the one year maximum and there shall be no pay off rights to unused leave upon separation of employment from the City. A. General Leave: The provisions on General Leave are set forth below. They went into effect on April 18, 2020, the first day of the pay period following City Council approval of this 2020-2023 MOU[City106]. Prior to the effective date of General Leave, members of the Association earned vacation leave, as set forth in the prior MOU. Members’ accrued vacation leave balances carried over past the effective date of General Leave. Although members no longer earn vacation, they may use their accrued vacation leave and shall be cashed out of any vacation balances as provided in this Section (XII(A) (5), (6), (7) & (8), below. 1. Purpose - The purpose of annual General Leave is to provide a rest period, which will enable each employee to return to work physically and mentally refreshed, as well as for an illness or injury of the employee not otherwise covered under other provisions of law (e.g., Labor Code 4850, workers’ compensation laws, etc.) 2. Anniversary Date - For the purpose of computing General Leave, an employee’s anniversary date shall be the most recent date on which he/shethey commenced full-time City employment, unless otherwise provided in writing by agreement between the City and the employee upon initial hire or re-hire. 3. Annual General Leave Eligibility - All employees shall be entitled to use annual General Leave with pay except the following: POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 33 a. Employees who have not completed six (6) months of continuous service with the City. However, employees with less than six (6) months of continuous service may, after 90 days, use up to 24 hours of General Leave for the purpose of an injury to or illness of themselves. b. Employees who work less than full-time who are not permanent. However, employees who do not work full-time and are not permanent may, after 90 days, use up to 24 hours of General Leave for the purpose of illness, injury, or family sickness. c. Employees on leave of absence. 4. General Leave Accrual[City107][City108] - Employees in the City’s service, having an average work week of forty (40) hours, shall accrue annual General Leave with pay in accordance with the following: a. For the first (1st) through the fourth (4th) year of continuous service, General Leave shall be accrued at the rate of one hundred and seventy six (176) hours per year (6.77 hours biweekly). b. For the fifth year (5th) and through the ninth (9th) year of continuous service, General Leave shall be accrued at the rate of two hundred (200) hours per year (7.69 hours biweekly). c. For the tenth (10th) year and through the fourteenth (14th) year of continuous service, General Leave shall be accrued at the rate of two hundred and twenty four (224) hours per year (8.62 hours biweekly) d. For the fifteenth (15th) year and thereafter of continuous service, General Leave shall be accrued at the rate of two hundred and fifty six (256) hours per year (9.85 hours biweekly). In computing eligibility for continuous service, for sworn law enforcement members of the unit, it shall include sworn law enforcement service at another law enforcement agency. For non-sworn members of the unit, it shall include time both sworn law enforcement service at another agency as well as time in the same non-sworn classification in which they are serving in Huntington Beach[City109]. 5. Use of General Leave (or Previously Accrued Vacation Leave[City110][r111][City112][City113]) a. No employee shall be permitted to use General Leave in excess of actual time earned and General Leave shall not be accrued in excess of six hundred and forty (640) hours. General Leave use for vacations (as well as any previously accrued Vacation Leave) shall be taken only with permission of the Chief of Police (or his/hertheir designee); however, the Chief of Police shall schedule all vacations with due consideration for the POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 34 wishes of the employee and particular regard for the needs of the department. If used as sick leave, employees must call in prior to their shift and provide a supervisor with notice that they are using General Leave due to illness or injury. b. If an employee provides at least eight (8) days’ notice of a request to use General Leave, it will be granted, unless within the discretion of the Police Chief or their designee, the decision to grant the leave would create an operational burden. It is not an operational burden simply because another employee must work the shift on overtime[City114]. a.c. General Leave accumulated in excess of the six hundred and forty (640) hour cap shall be paid at the base hourly rate of pay on the first payday following such accumulation. 6. General Leave (or Previously Accrued Vacation Leave) Pay at Separation for Employees Exempt from the Retirement Medical Trust - Upon separation of employment, employees exempt from the Retirement Medical Trust shall be paid for unused General Leave (or previously accrued Vacation Leave) at their current regular rate of pay for all unused, earned General Leave (or previously accrued Vacation Leave) to which they are entitled up to and including the last day of employment. 7. General Leave Conversion to Cash – During Calendar Year 2020, an employee may elect to cash out up to one-hundred and twenty (120) hours of accrued vacation leave and/or general leave at their current regular rate of pay. On or before the beginning of the pay period which includes December 15 of each calendar year beginning in December 2020, an employee may make an irrevocable election to cash out up to one hundred and twenty (120) hours of accrued General Leave which will be earned in the following calendar year at the employee’s regular rate of pay. The employee can elect to receive up to sixty (60) hours of General Leave cash out in the pay period that includes July 15. The employee shall receive any remaining General Leave cash out to which they irrevocably elected to cash out in the pay period that includes December 1. However, if the employee’s General Leave balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of leave the employee has accrued at the time of the cash out. 8. Deferred Compensation/General Leave (or Previously Accrued Vacation Leave) Cash Out - The value of any accrued unused earned General Leave (or previously accrued Vacation Leave) may be transferred to deferred compensation (up to the maximum permitted by law) at the regular rate of pay annually or in connection with separation from employment, but only during the time the employee is actively employed with the City. The employee must request the transfer no later than the end of the pay period prior to the pay period prior to the[City115][r116] employee’s last day of employment. Any unused earned POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 35 General Leave (or previously accrued Vacation Leave) remaining upon separation for employees who participate in the Retiree Medical Trust will be transferred to the qualified medical retirement trust program on a pre-tax basis. 9. Financial Hardship - Starting in calendar year 2021, a An[City117][r118][City119] employee may cash out accrued, unused vacation or general leave if they have an “unforeseen emergency” (defined as an unanticipated emergency that would result in severe financial hardship to the employee if early withdrawal were not permitted). A determination as to whether an “unforeseen emergency” exists shall be determined by the City at its discretion and is not subject to the filing of a grievance. B. Sick Leave – Full-time employees hired on or before April 18, 2020the pay period following Council approval of this 2020-2023 MOU will received a one-time Sick Leave bank totaling 144 hours. Up to 72 hours of this Sick Leave may be used for family Sick Leave per the relationships included in Labor Code section 233. Once this Sick Leave bank is fully used, employees will no longer receive Sick Leave, only General Leave as described above in Section XII.A (General Leave). This one-time bank may not be cashed out at any time, nor, upon separation from employment, transferred to deferred compensation and/or a qualified medical retirement trust program. C. Bereavement Leave - Employees shall be entitled to bereavement leave not to exceed three (3) working days in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, registered domestic partner, children, grandfather, grandmother, stepfather, stepmother, step grandfather, step grandmother, grandchildren, stepsisters, stepbrothers, mother-in- law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of which the employee is the legal guardian. D. Family and Medical Care LeaveLeave Benefits Entitlement – As employees do not accrue sick leave, all employees will be allowed to use up to (sixty) 60 hours per calendar year for family sick leave to care for a child, parent, spouse, registered domestic partner grandchild, grandparent, sibling or step- parent[City120][r121][City122][City123]. The City will provide family and medical care leave for eligible employees that meet all requirements of State and Federal law. Rights and obligations are set forth in the Department of Labor Regulations implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). Employees are entitled to use up to one half (½) of one year’s annual accrual of general leave for the relationships set forth at Labor Code section 233. Time[City124][City125] off for a work related injury shall not run concurrently with FMLA or CFRA leave for sworn and detention employees. The City shall comply with all State and Federal leave benefit entitlements laws. An employee on an approved leave shall be allowed to use paid Sick Leave and earned POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 36 Vacation, General Leave and/or Compensatory Time for the duration of the approved leave. E. Catastrophic Leave Donation Program - Under certain conditions, employees may donate leave time to another employee in need. The program is outlined in Exhibit F. F. Nurse Employees Certification - The City shall allow licensed nurse employees time off with pay to attend required courses necessary to maintain certification requirements. G. Cash Out of Compensatory Time Off - Twice each year, employees may, at their option, be paid for their compensatory time off. Payment when requested under this section shall be at the employee’s regular rate of pay in effect at the time the request is made. On or before the beginning of the pay period which includes December 15 of each calendar year, an employee may make an irrevocable election to cash out accrued compensatory time off which will be earned in the following calendar year. The employee can elect to receive cash for their accrued compensatory time off up to two times per calendar year, and in a cumulative amount not to exceed the number of hours the employee irrevocably elected to cash out in the prior year. However, if the employee’s compensatory time off leave balance in the pay period containing December 15th is less than (the balance of) the total amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of leave the employee has accrued at the time of the cash out. Compensatory time off which is cashed out will be paid at the employee’s regular rate of pay. H. Association Business - An allowance of one thousand forty (1040) hours per year[City126][r127][City128][City129] (which is increased to one thousand two hundred and twenty (1220) effective beginning in calendar year 2024) shall be established for the purpose of allowing authorized representatives of the Association to represent members of the Association in their employment relations. Such allowance may be utilized only by those persons authorized by the Board of Directors of the Association and such utilization shall be subject to the rules indicated in Exhibit B. Up to two hundred (200) hours per year of unused hours may be carried over to the subsequent year. ARTICLE XIII - CITY PERSONNEL RULES All MOU provisions that supersede the City’s Personnel Rules shall automatically be incorporated into the City’s Personnel Rules as applicable. All City Personnel Rules shall apply to Association members, however, to the extent this MOU modifies the City’s Personnel Rules, the Personnel Rules as modified will apply to Association members. ARTICLE XIV – MISCELLANEOUS[City130][r131][City132][City133] A. Tuition Reimbursement - Education costs shall be paid to non-sworn employees on the basis of full refund for tuition fees, books and supplies-provided, however, that POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 37 maximum reimbursement shall be at the rates currently in effect in the University of California system. Upon approval of the Chief of Police and Director of Human ResourcesDepartment Head and the Human Resources Director, employees may be compensated for actual cost of tuition, books (including e/books), and fees at accredited educational institutions that charge higher rates than the University of California, if it can be demonstrated by the employee that said educational institution presents the only accredited course or program within a reasonable commuting distance of the employee. Tuition reimbursement shall be limited to job related courses or approved degree objectives and require prior approval by the Chief of Police and Director of Department Head and Human Resources Director. Reimbursements shall be made when employees present proof to the Director of Human Resources Director that they have paid such costs and successfully completed the course(s) with either a “C” grade or better, or a “Pass” grade in a pass/fail grading system. B. Meal and Mileage Allowance: The Parties agree to follow Policy AR 301 addressing Meal and Mileage Allowance and incorporate it by reference into this MOU[City134]. 1. Per Diem - Employees shall be entitled to per diem under the following circumstances: a. Personnel with prior knowledge and approval of their supervisor, and on work assignments, or attending, meetings or training in excess of a twenty-five (25) mile radius beyond their normal work station, and which extends more than one (1) hour beyond their normal work hours or require lodging. b. Meeting or training assignments, which include a meal, will be reimbursed at the actual cost of the meeting or meal, not to exceed the prorated per diem schedule. c. Meal expenses other than listed in “a” or “b” may be considered for reimbursement (receipt required) at the discretion of the Division Commander. d. Receipts are not required, other than as noted above. 2. Per Diem Schedule - Forty-five dollars ($45) per twenty-four (24) hour period or prorated as follows; Breakfast – Ten dollars ($10.00), Lunch – Fifteen dollars ($15.00), Dinner – Twenty dollars ($20.00[City135][City136][City137]). C. Mileage Allowance - The City shall reimburse employees for the use of personal automobiles at the existing IRS reimbursable rate. POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 38 D.C. Weapon Vesting - Unit employees’ assigned a weapon shall be vested with ten percent (10%) ownership per year so that ten (10) years after assignment of the weapon to the employee, he/shethey shall be fully vested with ownership. Employees are responsible for paying the gun transfer fee when the weapon is transferred to them. E.D. Controlled Substance and Alcohol Testing - The City maintains the right to conduct a test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace, consistent with department policy. F.E. Take Home Vehicles/Distance to Work - Employees who take work vehicles home under this provision must reside within thirty-five (35) miles of the City limits. Those employees assigned a motorcycle who reside beyond thirty-five (35) miles of the City limits at the time of ratification of this Agreement may drive their motorcycle to and from their residence to their place of work if such travel does not exceed three hundred and fifty (350) miles per week. The following unit classifications shall be allowed to take a City vehicle home under this provision: Employees assigned to the Executive Division, Administrative Division, Investigation Division and specific assignments in the Uniform Division that require a vehicle assignment as part of their duties (i.e., Canine, Motorcycle, Accident Reconstruction, Special Enforcement Bureau). Employees who take a City vehicle home are expected to be reasonably available to respond to work-related activities; however, there is no restriction of the employee’s off-duty activities implied or intended by this expectation. G.F. Administrative Appeal Procedure - In compliance with the Government Code, the Administrative Appeal Procedure for all public safety officers is referenced in Exhibit D of this MOU. H.G. Direct Deposit - All employees hired after April 1, 2006 shall be required to enroll in and maintain participation in the City’s direct deposit pay system. I.H. Meet and Confer - During the term of this Agreement, the City retains the right to meet and confer on any specific issue related to payroll implementation and/or compliance with the Fair Labor Standards Act (FLSA). J.I. Physical Fitness Program - Any physical fitness time earned under prior HBPD Policy Manual Section 208.9 can still be used, but can be denied if it will require the Department to backfill the employee requesting to use the time. POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 39 K.J. Administrative Dispatcher Assignment 1. The Administrative Dispatcher assignment will be for two years. The employee in the assignment on the date of City Council approval of this 2017-19 MOU will stay in the assignment for two years from theirher initial date of appointment. a. Future appointees will have the chance to apply by providing interest memos prior to expiration of the assignment. The City will post a notice for two weeks informing prospective appointees that during that two-week period they may submit their interest memos. b. If no person submits an interest memo, the then current appointee can be reappointed for another one-year assignment. If that person no longer wishes to serve in the assignment, the Police ServicesCommunications Manager has the discretion to keep the assignment vacant or to appoint another (i.e., a different person) Police [City138][City139]Communications Supervisor to the assignment for one year. c. If one person (different from the then current appointee) submits an interest memo, that person (not the then current appointee) will be appointed to the assignment. d. If more than one person (different from the then current appointee) submits an interest memo, there will be a selection process and the City reserves the right to select the appointee among those who submitted interest memos. 2. The Police Communications Administrative Supervisor will not be above the Police Communications Supervisor in the Organizational Chart and will reflected as follows in the Communications 1 Manual: Police ServicesCommunications Manager Police Communications Supervisor Police Communications Administrative Supervisor Police Communications Operator [City140][City141] L. Classification and Compensation Study: The Association agrees to cooperate with a classification and compensation study within one year of approval of this MOU[City142][City143]. POLICE OFFICERS’ ASSOCIATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 40 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this _____ day of _____ 20230. CITY OF HUNTINGTON BEACH HUNTINGTON BEACH POLICE OFFICERS’ ASSOCIATION[City144] By: By: Al ZelinkaOliver Chi City Manager Mark WerschingYasha Nikitin POA President By: By: Robert HandyEric Parra Chief of Police Pete Teichmann POA Vice President By: By: Peter J. Brown Chief Negotiator Sean McDonough POA Board Member By: Travis Hopkins Assistant City Manager By: Robert Wexler Chief Negotiator APPROVED AS TO FORM By: Michael E. Gates City Attorney POLICE OFFICERS’ ASSOCIATION EXHIBIT A – SALARY SCHEDULE HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 41 Non‐Sworn 4.0% Increase Effective January 1, 2020 Job No Job Description Pay Grade A B C D E 0280 Communications Operator – PD POA280 30.82 32.52 34.31 36.20 38.20 0281 Communications Supervisor – PD POA281 35.28 37.21 39.27 41.43 43.71 0221 Detention Officer POA221 30.68 32.36 34.14 36.03 38.01 0220 Detention Officer, Nurse POA220 32.25 34.02 35.89 37.87 39.95 0222 Detention Shift Supervisor POA222 35.10 37.03 39.07 41.23 43.50 0225 Police Recruit POA225 26.68 28.14 29.69 31.32 33.05 Sworn 4.0% Increase Effective January 1, 2020 Job No Job Description Pay Grade A B C D E 0223 Police Officer POA223 38.78 40.91 43.16 45.53 48.04 0159 Police Sergeant POA159 49.76 52.50 55.38 58.45 61.65 POLICE OFFICERS’ ASSOCIATION EXHIBIT A – SALARY SCHEDULE HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 42 Job No Job Title Pay Grade A B C D E 0846 Police Communications Operator POA280 34.67 36.58 38.59 40.72 42.97 0844 Police Communications Superviso POA281 39.68 41.85 44.16 46.60 49.16 0221 Detention Officer POA221 34.50 36.39 38.40 40.53 42.76 0220 Detention Officer, Nurse POA220 36.28 38.26 40.37 42.60 44.94 0222 Detention Shift Supervisor POA222 39.48 41.65 43.95 46.37 48.93 0225 Police Recruit POA225 30.01 31.65 33.40 35.23 37.18 Job No Job Title Pay Grade A B C D E 0223 Police Officer POA223 43.62 46.01 48.54 51.21 54.03 0159 Police Sergeant POA159 55.97 59.05 62.30 65.75 69.34 Non‐Sworn 5.0% Increase Effective June 24, 2023 Sworn 5.0% Increase Effective June 24, 2023 POLICE OFFICERS’ ASSOCIATION EXHIBIT A – SALARY SCHEDULE HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 43 Non‐Sworn 3.50% Increase Effective January 1, 2021 Job No Job Description Pay Grade A B C D E 0280 Communications Operator – PD POA280 31.90 33.66 35.51 37.47 39.54 0281 Communications Supervisor – PD POA281 36.51 38.51 40.64 42.88 45.24 0221 Detention Officer POA221 31.75 33.49 35.33 37.29 39.34 0220 Detention Officer, Nurse POA220 33.38 35.21 37.15 39.20 41.35 0222 Detention Shift Supervisor POA222 36.33 38.33 40.44 42.67 45.02 0225 Police Recruit POA225 27.61 29.12 30.73 32.42 34.21 Sworn 3.50% Increase Effective January 1, 2021 Job No Job Description Pay Grade A B C D E 0223 Police Officer POA223 40.14 42.34 44.67 47.12 49.72 0159 Police Sergeant POA159 51.50 54.34 57.32 60.50 63.81 POLICE OFFICERS’ ASSOCIATION EXHIBIT A – SALARY SCHEDULE HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 44 Job No Job Title Pay Grade A B C D E 0846 Police Communications Operator POA280 36.40 38.41 40.52 42.76 45.12 0844 Police Communications Superviso POA281 41.66 43.94 46.37 48.93 51.62 0221 Detention Officer POA221 36.23 38.21 40.32 42.56 44.90 0220 Detention Officer, Nurse POA220 38.09 40.17 42.39 44.73 47.19 0222 Detention Shift Supervisor POA222 41.45 43.73 46.15 48.69 51.38 0225 Police Recruit POA225 31.51 33.23 35.07 36.99 39.04 Job No Job Title Pay Grade A B C D E 0223 Police Officer POA223 45.80 48.31 50.97 53.77 56.73 0159 Police Sergeant POA159 58.77 62.00 65.42 69.04 72.81 Non‐Sworn 5.0% Increase Effective June 22, 2024 Sworn 5.0% Increase Effective June 22, 2024 POLICE OFFICERS’ ASSOCIATION EXHIBIT A – SALARY SCHEDULE HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 45 Non‐Sworn 3.50% Increase Effective January 1, 2022[City145][r146][City147] Job No Job Description Pay Grade A B C D E 0280 Police Communications Operator – PD POA280 33.02 34.84 36.75 38.78 40.92 0281 Police Communications Supervisor – PD POA281 37.79 39.86 42.06 44.38 46.82 0221 Detention Officer POA221 32.86 34.66 36.57 38.60 40.72 0220 Detention Officer, Nurse POA220 34.55 36.44 38.45 40.57 42.80 0222 Detention Shift Supervisor POA222 37.60 39.67 41.86 44.16 46.60 0225 Police Recruit POA225 28.58 30.14 31.81 33.55 35.41 Sworn 3.50% Increase Effective January 1, 2022 Job No Job Description Pay Grade A B C D E 0223 Police Officer POA223 41.54 43.82 46.23 48.77 51.46 0159 Police Sergeant POA159 53.30 56.24 59.33 62.62 66.04 POLICE OFFICERS’ ASSOCIATION EXHIBIT A – SALARY SCHEDULE HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 46 Job No Job Title Pay Grade A B C D E 0846 Police Communications Operator POA280 38.22 40.33 42.55 44.90 47.38 0844 Police Communications Superviso POA281 43.74 46.14 48.69 51.38 54.20 0221 Detention Officer POA221 38.04 40.12 42.34 44.69 47.15 0220 Detention Officer, Nurse POA220 39.99 42.18 44.51 46.97 49.55 0222 Detention Shift Supervisor POA222 43.52 45.92 48.46 51.12 53.95 0225 Police Recruit POA225 33.09 34.89 36.82 38.84 40.99 Job No Job Title Pay Grade A B C D E 0223 Police Officer POA223 48.09 50.73 53.52 56.46 59.57 0159 Police Sergeant POA159 61.71 65.10 68.69 72.49 76.45 Non‐Sworn 5.0% Increase Effective June 21, 2025 Sworn 5.0% Increase Effective June 21, 2025 POLICE OFFICERS’ ASSOCIATION EXHIBIT B – ASSOCIATION BANK TIME HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 47 GUIDELINES FOR THE USE OF THE ASSOCIATION BANK TIME A. Any substantial1 time used for the Huntington Beach Police Officers’ Association business while the member is using that time, is on a working status and this time will be deducted from the Association Bank, as per the MOUMemorandum of Understanding. B. Any Association member desiring to use Association time, while on duty, shall obtain permission from their immediate supervisor, then from the President of the Association. An Association member shall, on all but emergency situations, give adequate advance notice to his/hertheir supervisor when requesting time off for Association business. If the employee’s absence is less than one hour, use of Association bank time is not required. If the employee is away from work in excess of one hour, an Association book-time slip for all time away from work is required. In the event that the President of the Association is not available to grant permission, the Vice-President will then have the responsibility to make the appropriate decision. If the Association member’s immediate supervisor will not grant the person who is requesting time off for Association business, then the President shall be immediately notified by the member. If the business is of such a nature that it must be conducted by that particular Association member, then the President will take the matter to the Division level and every effort will be made to resolve the issue. C. Any member using Association time, while on duty, will submit an Association Bank Time Form and an overtime request form to the President. The member must write on top of the overtime form “ASSOCIATION BANK TIME OFF” and the payroll exception form will be signed by the supervisor and the President of the Police Officers’ Association or his representative. The communiqué will have the exact time and date that was used for the Association business, the location where the business was conducted. Association time is to be used for release from work. Association time cannot be used by an employee during an employee’s off duty hours and then applied to work hours. The Association time hours must be tracked by use of a separate payroll code so that each time it is used it is specifically accounted for on the time sheet of the employee who uses it[City148][r149][City150][City151]. 1 1. Substantial time, being defined as that time in excess of one hour and where the Association member is not available for duty until the Association business is concluded. POLICE OFFICERS’ ASSOCIATION EXHIBIT B – ASSOCIATION BANK TIME HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 48 D. Those Association members that may use the Association Bank are: 1. President of the Huntington Beach Police Officers’ Association. 2. Board of Directors of the Huntington Beach Police Officers’ Association. 3. Members assigned to committees designated by the President or the Board of Directors. 4. PORAC Representative. 5. Any other Association member designated. E. All memorandums and payroll exemption forms will be forwarded to payroll and the copies will be sent to the Secretary of the Association for accounting purposes. POLICE OFFICERS’ ASSOCIATION EXHIBIT C – SERVICE CREDIT SUBSIDY HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 49 SERVICE CREDIT SUBSIDY PLAN An employee who has retired from the City and meets the plan participation requirements shall receive a monthly Service Credit Subsidy as provided below if the employee incurs expenses for medical premiums or purchases medical insurance to reimburse the retiree for the payment of qualified medical expenses incurred for the purchase of medical insurance. If two retired employees are married or registered domestic partners and both were covered by this MOU at the time of retirement,, each would receive a reimbursement equal to the amount of his or hertheir monthly Service Credit Subsidy even if only one purchased the medical plan and the other was named as a dependent, irrespective of who was the purchaser of the medical plan. If a retired member has a spouse or registered domestic partner who has retired from another bargaining unit, that spouse or registered domestic partner is not precluded from receiving the subsidy if at the time of his/hertheir retirement the MOU governing that individual authorized the subsidy. The City shall continue to treat this Subsidy as a non-taxable reimbursement unless otherwise required by the Internal Revenue Service. Plan Participation Requirements 1. At the time of retirement, the employee has a minimum of ten (10) years of continuous regular (permanent) City service or is granted an industrial disability retirement; and 2. At the time of retirement, the employee is employed by the City; and 3. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees’ Retirement System (CalPERS). The City’s obligation to pay the Service Credit Subsidy as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: a. On the first of the month in which a retiree or dependent reaches age 65 or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City’s obligation to pay Service Credit Subsidy may be adjusted downward or eliminated. b. In the event of the death of an eligible employee, whether retired or not, the amount of the Service Credit Subsidy benefit which the deceased employee was eligible for at the time of his/hertheir death shall be paid to the surviving spouse or dependent for a period not to exceed twelve (12) months from the date of death. 4. Minimum Eligibility for Benefits – With the exception of an industrial disability retirement, eligibility for Service Credit Subsidy begins after an employee has completed ten (10) years of continuous regular (permanent) service with the City of POLICE OFFICERS’ ASSOCIATION EXHIBIT C – SERVICE CREDIT SUBSIDY HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 50 Huntington Beach. Said service must be continuous unless prior service is reinstated at the time of his/hertheir rehire in accordance with the City’s Personnel Rules. To receive the Service Credit Subsidy retirees are required to purchase medical insurance from City sponsored plans. The City shall have the right to require any retiree (annuitant) to annually certify that the retiree is purchasing medical insurance benefits. 5. Disability Retirees - Industrial disability retirees with less than ten (10) years of service shall receive a maximum monthly payment toward the premium for health insurance of $121.00. Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. 6. Service Credit Subsidy – Payment shall not exceed dollar amount which is equal to the qualified medical expenses incurred for the purchase of City sponsored medical insurance. 7. Maximum Monthly Service Credit Subsidy Payments - All retirees, including those retired as a result of disability, whose number of years of service prior to retirement exceeds ten (10) continuous years of regular (permanent) service shall be entitled to maximum monthly Service Credit Subsidy by the City for each year of completed City service as follows: Maximum Service Credit Subsidy Retirements After: Years of Service Service Credit Subsidy 10 $ 121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 POLICE OFFICERS’ ASSOCIATION EXHIBIT C – SERVICE CREDIT SUBSIDY HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 51 8. Medicare: a. All persons are eligible for Medicare coverage at age 65. Those with sufficient credited quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age 65, but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, the participant pays for Part B of Medicare. b. When a retiree and his/hertheir spouse are both 65 or over, and neither is eligible for paid Part A of Medicare, the Service Credit Subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. c. When a retiree at age 65 is eligible for paid Part A of Medicare and his/hertheir spouse is not eligible for paid Part A of Medicare, the spouse shall not receive the subsidy. When a retiree at age 65 is not eligible for paid Part A of Medicare and his/hertheir spouse who is also age 65 is eligible for paid Part A of Medicare, the subsidy shall be for the retiree’s Part A only. 9. Cancellation: a. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: i. Coverage for a retiree under the Service Credit Subsidy Plan will be eliminated on the first day of the month in which the retiree reaches age 65. ii. At age 65 retirees are eligible to make application for Medicare. Upon being considered “eligible to make application,” whether or not application has been made for Medicare, the Service Credit Subsidy Plan will be eliminated. POLICE OFFICERS’ ASSOCIATION EXHIBIT D – ADMINISTRATIVE APPEAL PROCEDURE HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 52 ADMINISTRATIVE APPEAL PROCEDURE 1. Authority a. Rule 20 of the existing City Personnel Rules provides an administrative procedure for appealing any discipline that involves a loss in pay. Rule 20 applies to all City employees. b. Government Code Section 3304(b) allows that an appeal procedure be made available to all “public safety officers” (as defined at Government Code § 3301) for the following “punitive actions as defined in Government Code section 3303:” (i) written reprimands; and (ii) transfer for purposes of punishment with no loss of pay. Such actions will be collectively referred to as an “Action.” Case law allows such an appeal procedure to be more limited than afforded under Rule 20. c. This provision is intended to establish the Administrative Arbitration Panel to hear appeals from public safety officers. This provision only applies to an “Action” as defined above in “b.” (Government Code § 3304(b)) 2. Administrative Arbitration Panel a. Appeals will be heard by a neutral fact finding group of three City employees. b. Only active full-time employees of the City of Huntington Beach Police Department may serve on the Administrative Arbitration Panel. The Panel is comprised of one employee selected by the POA, one employee selected by the Chief of Police, and the third employee selected by mutual agreement between the first two panel members. If no agreement can be reached, the “strike-out” process will be used to select the third Panel member, with the POA and the Chief each submitting four names for consideration. A coin toss will determine the party striking first with the POA reserving the right to call the coin or defer. c. The panel member selected by the Chief of Police, the POA, and the panel member selected by the Chief of Police and the POA shall each select one alternate to the panel to serve in place of a panel member in case of conflicts of interest. d. A panel member will serve one year. If the panel member selected to serve on an Administrative Arbitration Panel has direct involvement in the punitive action or is a party to the issue, he or shethey will be replaced by the alternate 3. Appeal Notice a. An appealing officer has five (5) calendar days from date of receipt of an “Action” to file a written appeal with the Chief of Police; otherwise, the “Action” shall stand as issued with no further rights to appeal. b. If an officer chooses not to appeal an “Action,” they may submit a written rebuttal within thirty (30) days from date of receiving the “Action.” The written rebuttal will be filed with the “Action” in the officer’s official personnel file. POLICE OFFICERS’ ASSOCIATION EXHIBIT D – ADMINISTRATIVE APPEAL PROCEDURE HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 53 4. Scheduling of Hearing Upon receipt of the written appeal notice, the Chief of Police is required to immediately request the Administrative Arbitration Panel to convene for a hearing. The Administrative Arbitration Panel is required to convene within thirty (30) days of receiving notice from the Chief of Police. 5. Hearing Procedure a. All hearings shall be closed to the public unless the disciplined officer requests a public hearing. b. All hearings shall be tape-recorded. c. The Administrative Arbitration Panel shall hear testimony from the appealing officer and the Department (specifically, the officer who investigated the conduct that led to the Written Reprimand). Testimony shall not exceed one hour from each side and an additional fifteen (15) minutes shall be given to each for rebuttal. The Department shall be heard first. d. If an appealing officer wishes to submit a written argument in lieu of oral testimony, they may do so provided that they notify the opposing party. The written testimony may not exceed one thousand five hundred (1,500) words. The written testimony must be submitted to the Administrative Arbitration Panel and the Chief of Police by no later than three (3) days in advance of the scheduled hearing. e. There is no right to sworn testimony, subpoenas, cross-examination or representation by third parties, including attorneys, at the hearing. f. In all “Actions” involving punitive discipline, the burden of proof shall be on the Department to show by a preponderance of the evidence that just cause exists for imposing discipline. In all non-punitive “Actions” (e.g., a non-punitive transfer that results in a loss of pay), the burden of proof shall be on the Department to show by a preponderance of the evidence that reasonable grounds exist for the transfer. 6. Rendering of Decision by the Administrative Arbitration Panel a. At the conclusion of the hearing, the Administrative Arbitration Panel shall deliberate in closed session. b. The decision of the Administrative Arbitration Panel is binding with no further rights to appeal. c. The decision of the Administrative Arbitration Panel must be issued in writing to the appealing officer within seven (7) calendar days from the conclusion of the hearing. d. The member of the Administrative Arbitration Panel who was selected by the POA and the Chief of Police shall be responsible for preparing and distributing the decision with a copy to both parties. e. The decision shall include the following: Sustained (“Action” stands) POLICE OFFICERS’ ASSOCIATION EXHIBIT D – ADMINISTRATIVE APPEAL PROCEDURE HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 54 Not Sustained (“Action” does not stand) Other Recommendation(s) to the Chief of Police f. In the event an officer’s “Action” is Sustained, they may, within five (5) calendar days from the date of the Administrative Arbitration Panel’s decision, file a written rebuttal. The written rebuttal will be filed with the “Action” in the employee’s official personnel file, along with the tape recording of the hearing. POLICE OFFICERS’ ASSOCIATION EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 55 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, grandchild, grandparent, sibling and in-laws[City152]). 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 eligible for receiving disability benefits[City153][City154][City155] 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, POLICE OFFICERS’ ASSOCIATION EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 56 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. Employees wanting to make donations will submit a Leave Donation Form to the Finance Department (City payroll). All donation forms submitted to payroll will be date stamped and used in order received for each bi-weekly pay period. Multiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor. POLICE OFFICERS’ ASSOCIATION EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 57 Please return this form to the Human Resources Office for processing. Voluntary Catastrophic Leave Donation Program Leave Request Form Requestor, Please Complete According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated vacation, general leave or compensatory time. MY SIGNATURE CERTIFIES THAT: A Leave of absence in relation to a catastrophic illness or injury has been approved by my Department; and I am not receiving disability benefits or Workers' Compensation payments. Name: (Please Print or Type: Last, First, MI) Work Phone: Department: Job Title: Employee ID#: Requester Signature: Date: Department Director: Date: Human Resources Division Use Only End donation date will bridge to: Long Term Disability Medical Retirement beginning Length of FMLA leave ending Return to work End donation date: Human Resources Director Signature: Date signed: POLICE OFFICERS’ ASSOCIATION EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 58 Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Donor Name: (Please Print or Type: Last, First, MI) Work Phone: Donor Job Title: Type of Accrued Leave: Vacation Compensatory Time General Leave Number of Hours I wish to Donate: Hours of Vacation Hours of Compensatory Time Hours of General Leave I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. I wish to donate my accrued vacation, comp or general leave hours to the Leave Donation Program for: Eligible recipient employee's name (Last, First, MI): Donor Signature: Date: Please submit to Payroll in the Finance Department. POLICE OFFICERS’ ASSOCIATION EXHIBIT F – JOB SHARING PROGRAM HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 59 A. Definition Job Sharing: Two employees share one job, subject to the following conditions: B. Eligibility 1. Police Officers eligible for this program must have three (3) years’ experience as a patrol Officer for Huntington Beach Police. Lateral Officers with two (2) years prior patrol experience are eligible after two (2) years of patrol assignment with HBPD. Police Sergeants are not eligible for the job sharing program. 2. Police Communications Operators eligible for this program must have three (3) years dispatch experience as a Police Communications Operator for Huntington Beach Police. Lateral Police Communication Operators with three (3) years of prior experience are eligible after two (2) years’ experience with HBPD. Police Communications Supervisors must have three (3) years dispatch experience as a Police Communications Operator and/or Police Communications Supervisor for Huntington Beach Police[City156][r157]. 3. Detention Officers are eligible after two (2) years’ experience as Detention Officers with HBPD. Detention Supervisors are eligible after two (2) years’ experience as Detention Officers and/or Detention Supervisors with HBPD[City158][r159][City160]. C. Benefits Job Sharing employees will: 1. Bid for one position on a patrol squad or duty position. 2. Use the seniority of the junior member of the team to establish bid shift order. 3. Receive medical coverage for employee only, or a $200 stipend upon proof of medical coverage per MOU proposal. 4. Accrue Seniority for PERS and the department on a half time basis. 5. Receive hourly pay. 6. Receive one half (1/2) uniform allowance. 7. Receive half education pay at individual rate. 8. Receive half holiday pay. 9. Receive 30 hours of Family Sick time per MOU[City161][City162]. 10. Accrue vacation and General Leave on half time basis. 11. Earn seniority on half time basis. POLICE OFFICERS’ ASSOCIATION EXHIBIT F – JOB SHARING PROGRAM HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 60 12. Earn compensation for court appearance per MOU. 13. Receive time and one half pay for mandatory overtime. D. Conditions 1. Absent an emergency, employees seeking a return to full time assignment are required to give 90-day notice of intent. 2. In the event of an emergency separation of the sharing partner, the remaining partner will enjoy a 90-day window within the shared position before returning to full time employment. 3. The remaining partner will return to full time when the sharing partner leaves the position, unless replaced by another qualified job share employee. 4. Job sharing employees are not eligible for voluntary overtime. 5. Up to five positions would be eligible for job sharing in uniform patrol. 6. Only one position in dispatch and the jail would be eligible for job sharing. 7. Job sharing employees cannot work specialty assignments (i.e. SWAT, Beach Detail, HNT). 8. Job Sharing would be limited to a five (5) year term. Job sharing candidates leaving the position would be eligible for re-entry after one year in patrol. POLICE OFFICERS’ ASSOCIATION EXHIBIT I- CHIEF PILOT HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 61 LABOR MANAGEMENT WORKERS’ COMPENSATION ALTERNATIVE DISPUTE RESOLUTION AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH POLICE OFFICERS’ ASSOCIATION This Labor Management Alternate Dispute Resolution Agreement (“Agreement”) entered into by and between the City of Huntington Beach (“City”) and the Huntington Beach Police Officers’ Association (“HBPOA”) is created pursuant to California Labor Code Section 3201.7(a)(3)(c). Nothing in this Agreement diminishes the entitlement of an employee to compensation payments for total or partial disability, temporary disability, or medical treatment fully paid by the employer as otherwise provided in Division 4 of the Labor Code. Nothing in this Agreement denies to any employee the right to representation by counsel at all stages during the alternative dispute resolution process. Article I. Purpose The purposes of this Agreement are: 1. To provide active employees claiming compensable injuries under Division 4 of the California Labor Code (“Workers’ Compensation Law”) with an expedited procedure to resolve medical disputes in accordance with Article IV, Section D of this Agreement to facilitate their prompt return to work at either full duties or a transitional duty assignment; 2. To provide retirees claiming a presumptive injury as defined by California Labor Code (hereinafter “Labor Code”) section 3212 et seq. with an expedited procedure to resolve medical disputes in accordance with Article IV, Section D of the Agreement; 3. To reduce the number and severity of disputes between the City and covered employees, when those disputes relate to workers’ compensation; and 4. To provide workers’ compensation coverage in a way that improves labor management relations, improves organizational effectiveness, and reduces costs to the City. These purposes will be achieved by utilizing an exclusive list of medical providers to be the sole and exclusive source of medical evaluations for disputed issues surrounding covered employees in accordance with California Labor Code Section 3201.7(c)©. Now, therefore, in consideration of the mutual terms, covenants and conditions herein, the parties agree as follows: Article II. Term of Agreement The City and HBPOA enter into this Agreement with the understanding that the law authorizing this Agreement is new, untested and evolving. The parties further understand that this Agreement governs a pilot program and that it will become effective after it is POLICE OFFICERS’ ASSOCIATION EXHIBIT I- CHIEF PILOT HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 62 executed by the parties, submitted to the Administrative Director of the State of California, Department of Industrial Relations, Division of Workers’ Compensation in accordance with Title 8, California Code of Regulations, Section 10202(d), and accepted by the Administrative Director as evidenced by the Director’s letter to the parties indicating approval of the Agreement. This Agreement shall be in effect for eighteen (18) months from the date of the implementation of the program. Thereafter, it shall be reviewed and, if found to be effective will continue and remain in force from year to year unless terminated by either party. [City163][r164][City165]Any claim arising from an industrial injury sustained before the termination of this Agreement shall continue to be covered by the terms of this Agreement, until all medical issues related to the pending claim are resolved. Any medical issue resolved under this Agreement shall be final and binding. The parties reserve the right to terminate this Agreement at any time for good cause[r166][City167], by mutual agreement or by act of the legislature. The terminating party must give thirty (30) days written notice to the other party. The parties agree to meet and confer in good faith to try and resolve the issues underlying the termination during the thirty day period prior to the termination of the Agreement. Upon termination of this Agreement, the parties shall become fully subject to the provisions of the California law to the same extent as they were prior to the implementation of this Agreement, except as otherwise specified herein. Article III. Scope of Agreement A. This Agreement applies only to injuries, as defined by Workers’ Compensation Law, claims by 1) active employees; 2) retirees who claim a presumptive injury as defined by California Labor Code Section 3212 et seq.; and 3) active employees who file a claim and subsequently retire before the claim is resolved. Retirees who filed claims while they were active employees are covered under this Agreement only for the purposes of petitions to reopen a pre-existing claim unless covered under A(2). This Agreement does not apply to any other retired employees. This Agreement does not cover post-retirement amendments to active claims. B. Employees who are covered under this Agreement remain covered during the entire period of active employment. C. Injuries occurring and claims filed after termination of this Agreement are not covered by this Agreement. D. This Agreement is restricted to establishing an exclusive list of medical providers to be used for medical dispute resolution for the above-covered employees in accordance with California Labor Code Section 3201.7(c). Article IV. Medical Provider A. This Agreement does not constitute a Medical Provider Network (“MPN”). Physicians who act as a covered employee’s independent medical examiner (“IME”) under this Agreement shall not act as the same employee’s treating physician even if the physician has been pre-designated as the employee’s POLICE OFFICERS’ ASSOCIATION EXHIBIT I- CHIEF PILOT HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 63 treating physician, unless otherwise mutually agreed by the parties. Pre- designation of a physician must comply with the requirements set forth in Labor Code section 4600(d)(1). B. All employees with a disputed medical issue as described below in Section D must be evaluated by an approved physician from the exclusive list of approved medical providers. Said physician will serve as an IME. If the IME needs the opinion of a different specialist, the IME shall refer the employee to a physician of the IME’s choice even if that doctor is not on the approved list. The exclusive list of approved medical providers will be established when the Agreement has been approved by all parties. C. The exclusive lists of approved medical providers shall include the specialties as agreed upon by the parties. D. An IME shall be used for all medical disputes that arise in connection with a workers’ compensation claim including but not limited to determination of causation, the nature and extent of an injury, the nature and extent of permanent disability and apportionment, work restrictions, ability to return to work, including transitional duty, future medical care, and resolution of all disputes arising from utilization review, including need for spinal surgery pursuant to Labor Code section 4062(b). The parties will use the originally chosen IME for all subsequent disputes under this Agreement. In the event that said IME is no longer available, then the parties shall utilize the next specialist on the list pursuant to Article IV G d (below). The IME process will begin when either party gives the other written notice of an objection. Objections from the City will be sent to the employee with a copy to the employee’s legal representative if represented and a copy to HBPOA. Objections from the employee or employee’s legal representative will be sent to the employee’s assigned Claims Examiner with a copy to the Claims Manager. Objections will be sent within thirty days of receipt of a medical report or a utilization review decision. A letter delaying decision of the claim automatically creates a dispute. A subsequent acceptance of the claim and/or resolution of the dispute issue eliminates the need for completion of the dispute resolution process set forth in this Agreement. E. The exclusive list of approved medical providers shall serve as the exclusive source of medical-legal evaluations as well as all other disputed medical issues arising from a claimed injury. F. The parties hereby agree that from time to time the exclusive list of approved medical providers may be amended. For either party to add an IME to the exclusive list of medical providers, the party must provide notice, in writing, to the other party of its intent to add a physician to the list. Absent a written objection to the other party within thirty (30) calendar days of receipt of the written proposal, the addition will be made. In the event there is an objection, the physician will not be added to the list. A physician may only be deleted from the exclusive list of medical providers if he/shethey breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. POLICE OFFICERS’ ASSOCIATION EXHIBIT I- CHIEF PILOT HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 64 G. Appointments. a. The Claims section of the Workers’ Compensation Division shall make appointment(s) with the IME within ten days of the date of the objection and/or notification of delay for employees covered under this Agreement. b. The employee shall be responsible for providing the Claims staff with his/hertheir work schedule prior to an appointment being made so that appointments can be made during an employee’s nonworking hours or the first or last hour of his/hertheir workday. The amount of time allotted for hours spent at a physician’s appointment during working hours will be subject to verification and will be allowed accordingly. c. Mileage reimbursement to covered employees shall be consistent with City policy and in accordance with Labor Code Section 4600 (e)(2) unless transportation is provided by the City. d. For purposes of appointments, the Claims staff will select the IME’s by starting with the first name from the exclusive list of approved medical providers within the pertinent specialty, and continuing down the list, in order, until the list is exhausted, at which time the Claims staff will resume using the first name on the list. e. The City is not liable for the cost of any medical examination used to resolve the parties’ disputes governed by this Agreement where said examination is furnished by a medical provider that is not authorized by this Agreement. Medical evaluations cannot be obtained outside of this Agreement for disputes covered by this Agreement. f. Both parties shall be bound by the opinions and recommendation of the IME selected in accordance with the terms of this Agreement. H. Industrial Disability Retirements a. The City and HBPOA recognize that the ADR process can also be utilized to obtain a competent medical opinion as it relates to determining an employees' eligibility for an Industrial Disability Retirement (IDR), pursuant to California Government Code Sections 21154 and 21156(a)(2). b. Pursuant to the guidelines outlined in Article IV of this Agreement, the City and the HBPOA shall meet and confer to identify an agreed-upon listing of IMEs to serve as the competent medical examiner in reviewing an employees' eligibility for an IDR. I. Use of IME When Medical Disputes Exist a. An IME shall be used for all medical disputes that arise in connection with a workers' compensation claim, including but not limited to determination of causation, the nature and extent of an injury, the nature and extent of permanent disability and apportionment, work restrictions, ability to return POLICE OFFICERS’ ASSOCIATION EXHIBIT I- CHIEF PILOT HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 65 to work, including transitional duty, future medical care, and resolution of all disputes arising from utilization review, including need for spinal surgery pursuant to Labor Code section 4062(b). b. Furthermore, City and HBPOA agree that IME reports will be admissible in any proceeding and / or hearing involving an injured employee. Article V. Discovery A. Employees covered by this Agreement shall provide the Claims staff with fully executed medical, employment and financial releases and any other documents reasonably necessary for the City to resolve the employee’s claim, when requested. B. The parties agree they have met and conferred on the language of the medical/financial/employment releases to be used under this Agreement. If said releases cause undue delay and/or unforeseen adverse impact(s) to the City and/or the HBPOA and/or its members, then either party may request a meet and confer regarding said under delay and/or adverse impact(s). The parties shall meet and confer within 30 days of a party’s request to meet and confer. C. Employees shall cooperate in providing a statement. D. This Agreement does not preclude a formal deposition of the applicant or the physician when necessary. Attorney’s fees for employee depositions shall be covered by Labor Code section 5710. There will be no attorney’s fees for doctor’s depositions. Article VI. General Provisions A. The Agreement constitutes the entire understanding of the parties and supersedes all other Agreements, oral or written, with respect to the subject matter in this Agreement. B. This Agreement shall be governed and construed pursuant to the laws of the State of California. C. This Agreement, including all attachments and exhibits, shall not be amended, nor any provisions waived, except in writing, signed by the parties which expressly refers to this Agreement. D. If any portion of this Agreement is found to be unenforceable or illegal the remaining portions shall remain in full force and effect. E. Notice required under this Agreement shall be provided to the parties as follows: F. In the event that there is any legal proceeding between the parties to enforce or interpret this Agreement or to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorney’s fees. POLICE OFFICERS’ ASSOCIATION EXHIBIT I- CHIEF PILOT HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 66 Except as otherwise noted, employees assigned to the following assignments shall receive Special Assignment Pay of three percent (3%) and serve in these assignment pursuant to the following terms[City168]: I. Detectives: a. Existing detectives in permanent assignments shall be permitted to remain in those assignments (i.e., “grandfathered”) until they voluntarily relinquished the position, promote, are removed for just cause or separate from the City. b. In each “section” of the detective bureau (i.e., Crimes Against Persons, General, Economic) there shall be three designated positions (one per section) that are considered rotational positions. Those rotational positions shall be for a five (5) year term. All other detective positions shall be considered “permanent” assignments. c. As incumbent “permanent” detectives leave their positions, the first vacancy in each section shall be converted to a rotational position. All other future vacancies from permanent positions shall be filled by selections to “permanent” position. Future vacancies from rotational positions shall be filled by selections to “rotational” positions. d. When a permanent position becomes vacant, employees shall test specifically for the permanent positions. All employees, including Detectives in rotational positions, are eligible to test for permanent positions. II. Motors a. Existing police officers assigned as Motors in permanent assignments shall be permitted to remain in those assignments (i.e., “grandfathered”) until they voluntarily relinquished the position, promote, are removed for just cause or separate from the City. b. There shall be five (5) Motor positions designated as “permanent” positions. The rest of the positions in Motors are considered rotational positions. c. Rotational positions shall be for a five (5) year term. d. As incumbent “permanent” Motors leave their positions, the first five motors vacancies shall be filled by employees in rotational positions. They shall be considered “rotational” and subject to a five (5) year term. e. When a permanent position becomes vacant, employees shall test specifically for the permanent positions. All employees, including Motors in rotational positions, are eligible to test for permanent positions. III. Traffic Investigator a. There shall be one (1) traffic Investigator position designated as a “permanent” position. The existing two employees assigned as traffic Investigators are in a permanent assignment and shall be permitted to remain in that assignment (i.e., “grandfathered”) until they voluntarily relinquished the position, promote, are removed for just cause or separate from the City. POLICE OFFICERS’ ASSOCIATION EXHIBIT I- CHIEF PILOT HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 67 b. The first traffic investigator position to become vacant shall be converted to a rotational position. Should additional non-motor traffic investigator positions be authorized, they shall be considered “rotational”. All rotational traffic investigator positions shall be subject to a five (5) year term. c. When a permanent traffic Investigator position becomes vacant, employees shall test specifically for the permanent positions. All employees, including Traffic Investigators in rotational positions, are eligible to test for permanent positions. IV. Aero Bureau: a. All Officers and Sergeants assignments in the Aero Bureau are permanent assignments. Employees shall be permitted to remain in those assignments until they voluntarily relinquished the position, promote, are removed for just cause or separate from the City V. Canine Handlers: a. Assignments to the canine handler position shall generally be “for the life of the dog”. If the assignment is of a duration that is less than three years, due to an issue with the canine, an additional dog may be assigned and still count as one term. A canine handler may be assigned a second term as a handler, upon request and approval of the Police Chief, who has full discretion whether to approve a second term or not. VI. Regional Task Forces / Special Investigations Bureau (SIB) / Special Events Coordinator (Sergeant) / Homeless Task Force (HTF) / Training Unit / Professional Standards Unit / Special Enforcement Team (Downtown Foot Beat excluding the seasonal Beach Detail) /DUI Unit / School Resources Officer / Backgrounds Investigator / Jail Manager (1 Sgt.) / Administrative Dispatch Supervisor a. Each of the above assignments is considered “rotational” and subject to a five (5) year term. b. Should the City create any new special assignments, they shall be paid according to the terms of the MOU and shall be covered by the terms of this provision, unless otherwise specifically agreed by the Association and the City. VII. Chief Pilot – See separate Attachment to the MOU. VIII. Selection Process for Special Assignments Employees will be selected for Special Assignments through a testing process, which will at a minimum include the following components: a. Submittal of written request for the assignment, that shows that any applicable prerequisites are satisfied. b. Written examination, which will be weighed 25% of total score. c. Oral Interview, which will be weighed 75% of total score: POLICE OFFICERS’ ASSOCIATION EXHIBIT I- CHIEF PILOT HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 68 a. The oral interview panel will include a supervisor for desired assignment. d. A ranked eligibility list will be established based on candidates’ total score. e. The Division Commander and Police Chief shall appoint candidates to the special assignment using a “rule of five” (i.e., any candidate among the top- five scoring candidates may selected. When a candidate is appointed, the sixth-highest scoring candidate will then move into the top-five for future appointments. f. The duration of eligible lists shall be 6 months. POLICE OFFICERS’ ASSOCIATION EXHIBIT I- CHIEF PILOT HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 69 At any given time, there will be no more than one employee assigned as Chief Pilot[City169]. DUTIES The Chief Pilot is responsible for monitoring the aeronautical proficiency of all Air Support pilots. The Chief Pilot also evaluates current and proposed flight operations, aircraft and flight training programs. The Chief Pilot reviews safety, training, maintenance and operational needs to ensure an acceptable level of standardization exists within the division. The Chief Pilot is also responsible for the following: Conduct or facilitate an FAA flight review every 2 years as mandated by FAR 61.56. Provide flight instruction as needed. Establish special flight training, educational programs or FAA-mandated training for pilots. Evaluate all rules, policies and regulations regarding air support pilots, aircraft and operations. Review all specialized training affecting pilots. ELIGIBILITY REQUIREMENTS AND PREREQUISITE EXPERIENCE. To be eligible for the position of Chief Pilot, unit employee shall possess the following: 1) Flight Certificates a) Commercial Rotorcraft rating b) Certified Helicopter Flight Instructor rating 2) Flight Hours a) A minimum of 1000 hours as a pilot-in-command (helicopter) b) A minimum of 100 hours of helicopter flight instruction 3) Education a) A minimum of 50 hours of combined aviation education covering aviation safety, mishap management, crew resource management, flight training and aviation regulations and procedures. 4) Demonstrated leadership and communication skills. SELECTION PROCESS 1) Selection Process for Chief Pilot will include a testing process, which will, at a minimum, include the following: POLICE OFFICERS’ ASSOCIATION EXHIBIT I- CHIEF PILOT HBPOA MOU JulyJanuary 1, 20230 – June 30, 2023 70 i) Submittal of Written Request for Assignment, demonstrating that all prerequisites are satisfied. ii) Oral Interview (Panel to include the Unit Supervisor). iii) Review & Assessment of work history, including input from current and former supervisors and managers (if applicable) iv) Input from specialty assignment chain of command v) Ultimately requires approval of Division Commander and Police Chief. 2) 5-year initial assignment with indefinite ability to extend in one-year increments at the sole discretion of the Chief of Police. Introduction of Proposed Memoranda of Understanding with Police Officers’ Association CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING June 6, 2023 Meyers-Milias Brown Act Pursuant to the MMBA, the City has been meeting and conferring in good faith since November, 2022 with the POA. We reached tentative agreement with the POA in May 8, 2023. While the City has no obligation to accept the proposed labor agreements, the City does need to formally consider the negotiated labor pact. Proposed Memoranda of Understanding •3-year agreement (June 24, 2023 through last pay period of FY 25/26) •5% wage increase for each FY of the contract •Increases to various pay programs such as POST Certificate Pay, Special Assignment Pay, Flight Pay, Longevity Pay as well as other types of special pay •Increases to Health and LTD related pay •Clarifying language related to work schedules Proposed Memoranda of Understanding (continued) •Language changes related to Uniforms, Assignments, Job Sharing, Alternative Dispute Resolution, and updates to the Salary Schedule •Language modification related to General Leave, FMLA, Association Business/Bank Time, and Voluntary Catastrophic Leave Fiscal Impact Fiscal Year Project FY 2023/24 $4.6 million FY 2024/25 $2.9 million FY 2025/26 $3.0 million FY 2026/27 $1.5 million Total $12.5 million City Council Options Approve the Introduction of the Proposed Successor Memoranda of Understanding with POA Do not approve introduction of the Agreement, and direct staff to: 1) Continue to meet and confer with the POA 2) Utilize the impasse procedures contained within the City’s Employer-Employee Relations Resolution Questions? City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-480 MEETING DATE:6/6/2023 Subject: Submitted by Council Member Burns - Request to Form a Charter Review Ad Hoc Council Committee to Recommend Proposed Charter Amendments Recommended Action: A)Designate Mayor Tony Strickland to lead an ad hoc committee of himself and two other City Council Members of his choice to work with the City Attorney’s Office, if necessary, and to return to City Council at a regular City Council meeting in July of this year with recommendations for proposed Charter Amendments; and, B)It is also requested that the City Clerk, who is our local elections official, provide a timeline of events or deadlines the City is required to meet in order to get any proposed City Charter Amendments on the ballot for the March 5, 2024 election. Attachment(s): 1.Burns - Charter Ad Hoc Committee City of Huntington Beach Printed on 6/1/2023Page 1 of 1 powered by Legistar™ CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: CITY COUNCIL FROM: PAT BURNS, COUNCIL MEMBER DATE: JUNE 6, 2023 SUBJECT: REQUEST TO FORM A CHARTER REVIEW AD HOC COUNCIL COMMITTEE TO RECOMMEND PROPOSED CHARTER AMENDMENTS ISSUE STATEMENT The proposals for Charter Amendments that were placed on the November 2022 ballot by the previous City Council failed. There are areas in the Charter that could use meaningful updates. The California primary is set for March 5, 2024. We should have a City Council ad hoc Committee assembled to return to the entire City Council with recommendations for Charter updates. RECOMMENDED ACTION Designate Mayor Tony Strickland to lead an ad hoc committee of himself and two other City Council members of his choice to work with the City Attorney's Office, if necessary, and to return to City Council at a regular City Council meeting in July of this year with recommendations for proposed Charter Amendments. It is also requested that the City Clerk, who is our local elections official, provide a timeline of events or deadlines the City is required to meet in order to get any proposed City Charter Amendments on the ballot for the March 5, 2024 election. STRATEGIC PLAN GOAL Not applicable City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-497 MEETING DATE:6/6/2023 Subject: Submitted by Council Member McKeon - Decertification of Beach Edinger Corridor Specific Plan Environmental Impact Report Recommended Action: Direct the City Attorney and City Manager to return to the City Council with a plan for decertification of the BECSP EIR and vacate all associated findings. Attachment(s): 1.McKeon - BESCP EIR City of Huntington Beach Printed on 6/1/2023Page 1 of 1 powered by Legistar™ CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: CITY COUNCIL FROM: CASEY MCKEON, COUNCIL MEMBER DATE: JUNE 6, 2023 SUBJECT: DECERTIFICATION OF BEACH EDINGER CORRIDOR SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT ISSUE STATEMENT The State continues to recklessly enact legislation that purportedly requires the City to plan for and build housing that could exceed the City’s planned housing growth as detailed in the City’s General Plan. The environmental impacts analyzed as part of the Environmental Impact (EIR) report for the Beach Edinger Corridor Specific Plan (BECSP) back in 2010 were consistent with the City’s General Plan. The environmental impacts back then were analyzed and provided to the public long before the recent aggressive State housing laws that now purportedly require an exponential increase in the amount of housing in the City. While the City is actively challenging these recent State's high-density housing mandates, because of the rash of new State housing laws, the informational value of the data provided as part of the BECSP's EIR is lost and the document obsolete. Because of this, I recommend the City Attorney and City Manager return to City Council with a plan for decertification of the BECSP EIR and vacate all associated findings. RECOMMENDED ACTION Direct the City Attorney and City Manager return to City Council with a plan for decertification of the BECSP EIR and vacate all associated findings. STRATEGIC PLAN GOAL Economic Development & Housing