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2023-06-20 Agenda Packet
IN-PERSON PUBLIC PARTICIPATION: 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 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 wlecome 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 City Council/Public Financing Authority Tuesday, June 20, 2023 Special Meeting of the Housing Authority **AGENDA REVISED - 06/13/2023** Administrative Item #15 (23-522) Revised Council Chambers 2000 Main Street Huntington Beach, CA 92648 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 STAFF AL ZELINKA, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer 1 AGENDA June 20, 2023City Council/Public Financing Authority 4:00 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. RECESS TO CLOSED SESSION CLOSED SESSION 1.23-528 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9(d)(2).): Number of matters: One (1). 2.23-520 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). Page 1 of 9 2 AGENDA June 20, 2023City Council/Public Financing Authority 3.23-519 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code §54957 for performance evaluation of the City Manager. 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 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. 4.23-508 Huntington Beach Police Chaplain James Pike CLOSED SESSION REPORT BY CITY ATTORNEY 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 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. Page 2 of 9 3 AGENDA June 20, 2023City Council/Public Financing Authority 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, 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 CITY ATTORNEY'S REPORT 5.23-531 City Attorney’s Update on the Community Prosecutor Program CONSENT CALENDAR City Clerk 6.23-509 Approve and Adopt Minutes A) Approve and adopt the City Council/Public Financing Authority regular meeting minutes of June 6, 2023; and B) Approve and adopt the City Council/Public Financing Authority special meeting minutes of June 13, 2023; and Recommended Action: City Manager 7.23-495 Approve the re-appointments of KC Fockler, Kathleen McGowan, Bud Benneman, Joan Siegal, and Eric Bornstein to the Environmental & Sustainability Board as recommended by City Council Liaisons Rhonda Bolton and Natalie Moser Approve the re-appointment of the following current ESB members: KC Fockler and Kathleen McGowan for a 2-year term of July 1, 2023 through June 30, 2025; Bud Recommended Action: Page 3 of 9 4 AGENDA June 20, 2023City Council/Public Financing Authority Benneman, Joan Siegal, and Eric Bornstein for a 4-year term of July 1, 2023 through June 30, 2027. 8.23-503 Approve and authorize execution of Professional Services Contracts with Dorado Creative, Inc., Tripepi Smith and Associates, and Marketworks for On-Call Video Production Services for a two-year contract term A) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract Between the City of Huntington Beach and Dorado Creative, Inc. for On-Call City of Huntington Beach Video Production Services"; and/ or B) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract Between the City of Huntington Beach and Tripepi Smith and Associates for On-Call City of Huntington Beach Video Production Services"; and/ or C) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract Between the City of Huntington Beach and Marketworks for On-Call City of Huntington Beach Video Production Services"; and/ or Recommended Action: Community and Library Services 9.23-459 Approve reappointments to the Historic Resources Board (HRB), with terms to expire June 30, 2027, as recommended by City Council Liaisons, Gracey Van Der Mark and Pat Burns Approve the reappointments of Susan Nguyen, David Wentworth, Sr., and Joseph Santiago for an additional term to the Historic Resources Board, effective July 1, 2023 through June 30, 2027. Recommended Action: Public Works 10.23-455 Accept the lowest responsive and responsible bid, approve appropriations, and authorize execution of a construction contract with All American Asphalt in the amount of $1,559,316 for the Saybrook Lane Rehabilitation Project, CC-1690. A) Accept the lowest responsive and responsible bid submitted by All American Asphalt in the amount of $1,559,316.00 , and; B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Recommended Action: Page 4 of 9 5 AGENDA June 20, 2023City Council/Public Financing Authority 11.23-467 Approve and authorize execution of a Cooperative Agreement with the Orange County Flood Control District for the East Garden Grove-Wintersburg Channel Flood Wall Improvements at Warner Avenue, Springdale Street, and Edwards Street Bridges Approve and authorize the Mayor and City Clerk to execute “Cooperative Agreement Between Orange County Flood Control District and City of Huntington Beach for Funding, Construction, and Maintenance of the East Garden Grove-Wintersburg Channel (C05) Bridges at Warner Avenue, Springdale Street, and Edwards Street Improvements Project.” Recommended Action: 12.23-478 Accept bid and authorize execution of a construction contract with Elecnor Belco Electric, Inc., in the amount of $308,008, for the construction of a traffic control signal at the Heil Avenue Fire Station (5891 Heil Avenue)(CC-1673) A) Accept the lowest responsive and responsible bid submitted by Elecnor Belco Electric, Inc., in the amount of $308,008; B) Appropriate $68,827 of undesignated Traffic Impact Fee balance to Traffic Impact Fee account 20690020.82700; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Recommended Action: 13.23-482 Adopt Resolution No. 2023-22 concerning the status and update of the Local Signal Synchronization Plan (LSSP) for the Measure M2 Program; adopt Resolution No. 2023-29 concerning the status and update of the Circulation Element and Mitigation Fee Program for the Measure M2 Program; and adopt a 7-Year Capital Improvement Program for the Fiscal Years 2023/24 through 2029/30 for compliance with the renewed Measure M eligibility requirements A) Adopt Resolution No. 2023-22, “A Resolution of the City Council of the City of Huntington Beach Concerning the Update of the Local Signal Synchronization Plan for the Measure M (M2) Program”; B) Adopt Resolution No. 2023-29, “A Resolution of the City Council of the City of Huntington Beach Concerning the Status and Update of the Circulation Element , and Mitigation Fee Program for the Measure M (M2) Program”; and Recommended Action: Page 5 of 9 6 AGENDA June 20, 2023City Council/Public Financing Authority C) Adopt the 7-year Capital Improvement Program (Fiscal Years 2023/24 through 2029/30) included as Attachment #4 for compliance with the renewed Measure M eligibility requirements. PUBLIC HEARING 14.23-521 Continued from June 6, 2023 with Public Hearing open - Request to 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 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 Recommended Action: Page 6 of 9 7 AGENDA June 20, 2023City Council/Public Financing Authority 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 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 Page 7 of 9 8 AGENDA June 20, 2023City Council/Public Financing Authority 15.23-522 **Future Development of 17642 Beach Blvd. A) Receive and file this report; and B) Provide direction to staff regarding future use of the Site. Recommended Action: 16.23-525 Introduction of the Proposed Memorandum of Understanding Between the Huntington Beach Police Management Association (PMA) and the City of Huntington Beach for July 1, 2023 through June 30, 2026. Approve introduction of the proposed Memorandum of Understanding Between the Huntington Beach Police Management Association and the City of Huntington Beach for the period July 1, 2023 through June 30, 2026. Recommended Action: 17.23-524 Adopt Resolution No. 2023-31 Approving and Implementing the Memorandum of Understanding (MOU) between the Huntington Beach Police Officers’ Association (POA) and the City of Huntington Beach for July 1, 2023, through June 30, 2026; and authorize appropriation of funds. A) Adopt Resolution No. 2023-31, “A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Police Officers’ Association (POA) and the City for July 1, 20231, through June 30, 2026;” and, B) Authorize City Manager or designee to take all administrative and budgetary actions necessary for implementation of Resolution No. 2023-31 . Recommended Action: COUNCILMEMBER ITEMS 18.23-532 Submitted by Mayor Pro Tem Van Der Mark - Selection, Display and Circulation of Library Books and Other Materials within Huntington Beach Public Libraries (HBPL) A) Direct the City Manager to work with the City Attorney to return to the City Council in August of this year with a proposed Ordinance for the City’s Libraries and other public facilities making obscene and/or pornographic materials, both in hard copy and digitally/electronically, unavailable to minors; with the City Attorney evaluating the materials under the First Amendment. The Ordinance should also present the policy for procurement, which would include new screening protocols for books/materials/content yet to be acquired by the Library or other City facilities that are intended for children at our public Recommended Action: Page 8 of 9 9 AGENDA June 20, 2023City Council/Public Financing Authority facilities, by screened for obscenity and/or pornography. The Ordinance should also present findings and authorities for “obscenity” within the meaning of the First Amendment. B) I would also like to direct our City Manager to look into the process to part ways with the American Library Association. 19.23-534 Submitted by Council Members Kalmick, Bolton, and Moser - Denouncing Hate in Huntington Beach Motion for a Minute Action (which shall be deemed a Council Resolution) that “The City Council of the City of Huntington Beach denounces antisemitism, white supremacy, and anti-LGBTQ hate.” Recommended Action: ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Wednesday, July 5, 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 9 of 9 10 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-528 MEETING DATE:6/20/2023 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9 (d)(2).): Number of matters: One (1). City of Huntington Beach Printed on 6/15/2023Page 1 of 1 powered by Legistar™11 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-520 MEETING DATE:6/20/2023 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 6/15/2023Page 1 of 1 powered by Legistar™12 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-519 MEETING DATE:6/20/2023 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code §54957 for performance evaluation of the City Manager. City of Huntington Beach Printed on 6/15/2023Page 1 of 1 powered by Legistar™13 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-508 MEETING DATE:6/20/2023 Huntington Beach Police Chaplain James Pike City of Huntington Beach Printed on 6/15/2023Page 1 of 1 powered by Legistar™14 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-531 MEETING DATE:6/20/2023 City Attorney’s Update on the Community Prosecutor Program City of Huntington Beach Printed on 6/15/2023Page 1 of 1 powered by Legistar™15 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-509 MEETING DATE:6/20/2023 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 June 6, 2023, and the special meeting minutes of June 13, 2023, require review and approval. Financial Impact: None. Recommended Action: A) Approve and adopt the City Council/Public Financing Authority regular meeting minutes of June 6, 2023; and B) Approve and adopt the City Council/Public Financing Authority special meeting minutes of June 13, 2023; and 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. June 6, 2023 CC/PFA regular meeting minutes 2. June 13, 2023 CC/PFA special meeting minutes City of Huntington Beach Printed on 6/15/2023Page 1 of 2 powered by Legistar™16 File #:23-509 MEETING DATE:6/20/2023 City of Huntington Beach Printed on 6/15/2023Page 2 of 2 powered by Legistar™17 Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, June 6, 2023 2:00 PM – Council Chambers 6:00 PM – Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 2:00 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 2:00 PM — COUNCIL CHAMBERS CALLED TO ORDER — 2:02 PM ROLL CALL Present: Kalmick, Moser, Van Der Mark, Strickland (arrived at 2:15 PM), McKeon, Bolton, and Burns Absent: None CITY COUNCILMEMBER COMMENTS (3-Minute Time Limit) Councilmember McKeon read aloud a letter he received from a resident that thanked him for witnessed improvements to vagrancy and loud vehicle issues that present a threat to public health, shared support for volunteerism with organizations designed to help the homeless, and expressed their love for a multiracial and multicultural living environment. Councilmember Moser shared information about the HB Community Café event held at the Central Library on May 31 where the discussion topic was, “A Neighborly Conversation about Homelessness.” She stated that the event was well-attended, recognized participation by HBPD Lieutenant Brian Smith, and enjoyed good food provided by Say Yum Thai Street F ood. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO STUDY SESSION AND/OR CLOSED SESSION ITEMS (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO STUDY AND/OR CLOSED SESSION ITEMS — None STUDY SESSION 1. 23-468 Parking Study Community Development Director Ursula Luna-Reynosa introduced this item by providing a brief background of parking standards city wide, and introduced Walker Consultants. 18 Community Development Director Ursula Luna-Reynosa, and City Consultant Steffen Turoff, Director of Planning, Policy and Financial Studies with Walker Consultants, presented a PowerPoint communication titled City of Huntington Beach, Parking Requirements Review and Update Downtown, Industrial Districts, and Citywide with slides entitled: Presentation Agenda; 01|Study Purpose and Focus Areas; Study Purpose; Data Collection; 02|Citywide; Determining Appropriate Parking Requirements; Citywide - Observations; Citywide - Minimum Parking Requirement Recommendations; 03|Industrial; Industrial District Parking Requirement Issues; Industrial - Recommendations; 04|Downtown; Downtown Existing Parking Supply (Spaces); Weekday Parking Occupancy; Weekend Parking Occupancy; Demand Over Time - Weekday; Demand Over Time - Weekend; Downtown - Recommendations; and Next Steps. Councilmember McKeon stated interest in requiring parking studies for each development project. Councilmember Kalmick called attention to consistent data reported since 2008 that addresses the 30 worst parking days of the year in the Downtown, noting that he will probably not support additional parking requirements for that specific issue. He provided support for review of parking requirements for allowing restaurants in industrial areas, and suggested establishing development project thresholds rather than requiring a parking study for every project. He also cautioned about policies that may just shunt parking into residential areas. Councilmember Moser asked that the data from this study be included in any future parking fee increase considerations, especially the time-of-day data. Councilmember Bolton stated her support for Downtown parking fees based on demand, and confirmed with Director Luna-Reynosa those details are not currently available. Director Luna-Reynosa suggested that Council might want to ensure that parking is prioritized during the upcoming Strategic Planning Session so that staff clearly understands how much more time and resources they should focus on this issue in the near future. Councilmember McKeon asked that staff provide data on projects in the last year that had parking challenges for the Strategic Planning Session. A motion was made by Bolton, second Burns, to recess to Closed Session for Items 2 – 8. Mayor Strickland publicly announced Closed Session Item No. 3 — Labor Negotiations: Police Management Association (PMA). RECESSED TO CLOSED SESSION – At 2:38 PM, motion by Bolton, second by Burns. CLOSED SESSION 2. 23-472 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code §54957 for performance evaluation of the City Manager. 3. 23-494 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 19 Sunny Han, Acting Chief Financial Officer. Employee Organization: Police Management Association (PMA). 4. 23-473 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). 5. 23-474 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. 6. 23-475 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. 7. 23-476 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. 8. 23-486 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 RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:01 PM ROLL CALL Present: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember Bolton 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. 23-464 Huntington Beach Police & Fire Chaplain Roger Wing CLOSED SESSION REPORT BY CITY ATTORNEY — By a vote of 7 – 0, the City Council authorized the City Attorney to file an appeal with the Supreme Court in the case of Kennedy Commission, et al. v. City of Huntington Beach, et al.; OCSC Case No. 30-2015-00801675. 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, and uploaded to the City's website and Councilmember iPads: 20 City Manager's Report Item #12 (1 PowerPoint presentation, 1 email); Consent Calendar Item #16 (1 Staff memo); Item #17 (1 email); #22 (1 PowerPoint presentation); Administrative Items #25 (1 email); Councilmember Items #26 (2 emails); and #27 (4 emails). MAYOR’S ANNOUNCEMENT 10. 23-477 Mayor Strickland recognized 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 Mayor Strickland thanked rock star Sammy Hagar for his heavy investment in Huntington Beach, and noted that profits from Cabo Wabo Beach Club at the Waterfront Beach Resort will be donated to charity. PUBLIC COMMENTS (3-Minute Time Limit) — 14 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. Mike Ali, a Vietnam Veteran, was called to speak and introduced Anne Dunsmore after handing each Councilmember a "challenge" coin to remind them to help stop "sui-silence" i.e., silence on veteran suicides. (00:42:00) Anne Dunsmore, Angel Force USA Founder, was called to speak and shared details related to entertaining, engaging and educating the public on the issue of veteran suicides. Ms. Dunsmore announced details for the Angel Force USA event from 11 am to 5 PM at Zack's on Sunday, June 11, and encouraged everyone to attend the Vietnam Veterans Pinning Ceremony at 11 am, and enjoy the live band performance afterwards. (00:42:26) Amory Hanson was called to speak and stated his support for Councilmember Items #27 regarding decertification of Beach/Edinger Corridor Specific Plan Environmental Impact Report (EIR). (00:46:01) Andrew Einhorn, a resident of Huntington Beach, was called to speak and dedicated his discussion to those who have experienced hate. Mr. Einhorn requested, for the fifth time, that an external board be commissioned to conduct a thorough, ethical and non-partisan investigation of the Councilmember who has been accused of making racist statements on social media. (00:47:40) Russell Neal, a resident of Huntington Beach, was called to speak and shared his opinions related to Pride month, specifically his opposition to the City of Huntington Beach Public Library's "Rainbow Book Month" children’s program and Pride activity kits for kids. He asked City Council to put a stop to these efforts. (00:50:47) Tim Geddes, a Huntington Beach voter since 1984, was called to speak and asked that if Council approves Councilmember Items #27 regarding the request to form a Charter Review Ad Hoc Committee to recommend proposed Charter amendments, it also insists on diversity for the Ad Hoc Committee so that not just the Council majority are represented. (00:53:19) Unnamed Guest was called to speak and read her prayer of invocation and moment of silent reflection. (00:56:30) 21 Brenda Glim, a long-time Huntington Beach homeowner, was called to speak and shared historical information on the original Pledge, as well as repeating a modified statement of invocation written by Angela Parra that Angela had presented to her Council in Florida. (00:59:36) Pat Goodman was called to speak and shared information related to the October 2, 2021, local ocean oil spill off our coast that prevented continuation of the Pacific Airshow on its last day. She shared her opinion that the City of Huntington Beach has no liability for that situation, and should not be obliged to spend taxpayer monies to any impacted business. (01:02:44) Ken Inouye, a 50-year resident of Huntington Beach, was called to speak and shared his support for the Pacific Air Show and the value it provides to the community. He thanked City Attorney Michael Gates for meeting with him personally to discuss the promoter's lawsuit and outcome. Mr. Inouye expressed his expectation that at some point in time full disclosure is needed to explain why the City taxpayers are paying over $7M to settle this matter. (01:05:09) Connie Boardman, former Huntington Beach Mayor and Councilmember, was called to speak and shared her opinions related to the hate being spread regarding Pride month and LGBTQ+ books in the Huntington Beach Public Library. Ms. Boardman thanked the librarians for featuring books about the LGBTQ+ community during Pride month. (01:07:58) Melvyn Sterling, Navy veteran, and former Director of UCI's Emergency Department and Orange County's Level 1 Trauma Center, was called to speak. Mr. Sterling stated his support for the comments made by previous speaker Andrew Einhorn, and asked that Councilmembers all help to keep Huntington Beach safe for everybody. (01:10:38) Adam Wood, Building Industry Association – OC Representative, was called to speak and stated opposition to Councilmember Items #27 regarding decertification of the Beach/Edinger Corridor Specific Plan EIR. (01:13:04) Unnamed Guest was called to speak and stated his support for the Pacific Air Show that he believes brings in approximately $120M to the City each year. He further stated he does not understand the outcry over a settlement of $7M over seven years. (01:15:10) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS — None AB 1234 REPORTING — None OPENNESS IN NEGOTIATION DISCLOSURES Councilmember Kalmick reported speaking with representatives of the Huntington Beach Police Officers' Association (POA). CITY MANAGER’S REPORT 11. 23-466 May 2023 Vector Control Board AB 1234 Report City Manager Al Zelinka shared that Vector Control Trustee Mike Posey's Report was provided through Supplemental Communication and previously made available to the public and Councilmembers. 12. 23-493 Quality of Life Community Survey Results Presentation 22 City Manager Al Zelinka introduced City Consultant, Dr. Richard Bernard, FM3 Research, who presented a PowerPoint communication titled Huntington Beach Quality of Life Survey Summary of Key Results with slides entitled: Survey Specifics and Methodology; General Community Attitudes; Nearly 8-in-10 respondents rate Huntington beach as either an "excellent" or "good" place to live with almost none calling it "poor"; Consistent with findings from other communities in the current environment, views on the direction of the City are mixed; Issues in Huntington Beach; Homelessness is highest priority issue for Huntington Beach residents (2); Satisfaction with City Services; Two-thirds are satisfied with the job the City government is doing in providing services to residents and businesses; Huntington Beach residents are also largely satisfied with many services provided by the City (2); Priorities for Future Investment - Beaches; Specifically at beaches, there is a strong sense of need to improve the safety, cleanliness and maintenance of bathrooms; Sources of Information; and Respondents rely on a variety of information sources including City mailers, City service guides, and unofficial Facebook groups (3). Councilmember Burns and Dr. Bernard discussed how the 533 residents were found that participated in the study, and Dr. Bernard reiterated the Survey Specifics and Methodology slide of his presentation. Councilmember Kalmick shared that "too much growth" and "cost of housing" were inverse to what he expected, and noted that most people are getting information from friends and family. He said in his mind the next question should be "Where are your friends and family getting their information?" Dr. Bernard noted that Huntington Beach is not unique and most people are getting information from friends and family. Councilmember Moser expressed her appreciation for statistically relevant data to be used for moving forward, and confirmed with Dr. Bernard the final report will include more details, including the question asked by Councilmember Kalmick: "Where are your friends and family getting their information?" CITY ATTORNEY’S REPORT 13. 23-484 Update on the City of Huntington Beach v. State, Department of Finance lawsuit City Attorney Michael Gates reported the State Finance Department sent a letter to the City last week indicating their confirmation of approval of payment on the $22.4M that is being returned to Huntington Beach by the State of California. City Attorney Gates noted this is significant as it appears there will not be an appeal of the lower court's ruling in this case. He stated that with interest the final amount will be closer to $25M, in addition to the $6.8M the court already awarded in a previous decision. 14. 23-485 Update on the Pacific Airshow v. City of Huntington Beach lawsuit and settlement City Attorney Michael Gates reported that Pacific Airshow communicated that it was not planning to return to the City if it could not reach a compromise through the lawsuit. Without revealing any confidential communication or details of Closed Session discussions with City Council, City Attorney Gates reiterated that a settlement was reached between Pacific Airshow and City of Huntington Beach on May 9, 2023, and was announced the same day. He noted a recent Voice of OC article, which contains a number of errors and misrepresentations raising concerns about ethics and transparency of the settlement. City Attorney Gates stated the handling of this case occurred just like every other case. He added, with regard to process, settlement negotiations in all cases are presented to the entire City Council in writing and discussed in Closed Session; all negotiation terms are voted on by the entire City Council; and, there 23 is no negotiated term in a final settlement that the City Council has not seen in writing, discussed, and authorized by a vote. He also stated that publicly published Closed Session Agendas show that he met with City Council, in Closed Session, regarding this Pacific Airshow case, a number of times between December 2022 and the May settlement. City Attorney Gates noted that no Councilmember ever sent him an email, or a letter, or directly told him they had any ethical or transparency concerns during the approximately five months of settlement negotiations. After the Pacific Airshow lawsuit was settled, a summary of negotiated terms that meet State law was released to the public on a number of occasions. He specifically noted State law §54957.1, Subsection A 3(b), as providing for a disclosure of "the substance of the agreement." City Attorney Gates noted a few reasons the settlement was announced this way: 1) the government code does not expressly require disclosure of the entire final settlement agreement; and 2) the City Council authorized in December 2022 pursuit of legal action against Oil Spill defendants in a new City lawsuit. Because of that potential pending litigation, the law creates an exception for disclosure of documents under Government Code §7927.200 and §7927.205 to not require disclosure of documents or records which may affect any litigation. City Attorney Gates stated the City has always followed the law, and the Pacific Airshow settlement was handled in the exact same way that all other settlements have occurred in the past. He closed his report by stating that any criticism by anyone regarding this case is completely without merit, and continuing to make such statements only serves to harm the City. Councilmember Moser noted she believes that full settlement agreements in the past have been recorded in Laserfiche and City Attorney Gates responded he would be happy to review anything she provides him. Councilmember McKeon confirmed that there is no negotiated term in this settlement that the City Council had not seen in writing, discussed, and authorized by a vote. Mayor Pro Tem Van Der Mark suggested that if Councilmembers Bolton, Kalmick, and Moser feel that the other Councilmembers have been unethical or non-transparent in this settlement, they should address their concerns to their fellow Councilmembers rather than making those comments to the public. She added that the actions taken to date by the three mentioned Councilmembers do not help to create a cohesive City Council, and actually do harm to the City. Councilmember Bolton stated that ultimately it would be up to a judge to decide what is appropriate to release in a settlement agreement to the public. City Attorney Michael Gates stated for the record he is not aware of a lawsuit, pending lawsuit, or threat of a lawsuit regarding this situation, and asked any Councilmember who has different information to reach out to him off-line. CITY CLERK’S REPORT 15. 23-458 May Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies City Clerk Robin Estanislau introduced a new monthly high-level report by Staff Liaisons to keep the City Council, staff and citizens advised of the activities of the City's boards, commissions and committees 24 (BCCs). She described a new website portal that allows Staff Liaisons to enter details on their respective board activities, and noted the portal includes agendas and minutes for easy one-stop public access. City Clerk Estanislau noted this portal provides an additional tool for Council Liaisons to report out to the community Regional Agency action. Mayor Strickland stated he would not be participating in this effort because meeting notices, agendas and minutes for these boards, commissions and committees are already publicly available, and he sees this as adding to Councilmember burdens. Councilmember Moser asked if it is possible to include whether Council Liaisons are present for each meeting. Mayor Strickland noted that currently member attendance is documented and available publicly via minutes. Councilmember Bolton shared her understanding that this is a convenient way to report out to the community and make it easier for residents to access information without necessarily having to know the exact names for boards, committees, commissions or regional agencies. She thanked staff for implementing this process. CONSENT CALENDAR OFFICE OF THE CITY CLERK 16. 23-457 Approved and Adopted Minutes A motion was made by Burns, second Van Der Mark to approve and adopt the City Council/Public Financing Authority regular meeting minutes of May 16, 2023, as amended by Supplemental Communication; and, approve and adopt the City Council/Public Financing Authority special meeting minutes of May 16, 2023. The motion as amended carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None POLICE DEPARTMENT 17. 23-462 Annual Military Equipment Use Report (AB 481) A motion was made by Burns, second Van Der Mark to 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, 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). 25 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. 23-434 Approved and authorized 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 A motion was made by Burns, second Van Der Mark to 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. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 19. 23-437 Accepted bid and authorized 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 authorized change orders (as needed) not to exceed 15 percent A motion was made by Burns, second Van Der Mark to accept the lowest responsive and responsible bid submitted by Crosstown Electrical & Data, Inc., in the amount of $445,480.00; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, 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. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 20. 23-447 Accepted bid and authorized 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 authorized change orders not to exceed 15 percent A motion was made by Burns, second Van Der Mark to accept the lowest responsive and responsible bid submitted by International Line Builders, Inc. in the amount of $250,656.00; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and 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. The motion carried by the following roll call vote: 26 AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 21. 23-460 Accepted bid and authorized 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 motion was made by Burns, second Van Der Mark to accept the lowest responsive and responsible bid submitted by Crosstown Electrical & Data, Inc., in the amount of $625,650.00; and, appropriate $149,805 of undesignated Traffic Impact Fee balance to Traffic Impact Fee account 20685201.82700; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, 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. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 22. 23-461 Approved the Infrastructure Fund Annual Report for FY 2021/22 A motion was made by Burns, second Van Der Mark to approve the Infrastructure Fund Annual Report for FY 2021/22. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 23. 23-463 Accepted bid and authorized 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 authorized change orders not to exceed 15 percent A motion was made by Burns, second Van Der Mark to accept the lowest responsive and responsible bid submitted by Elecnor Belco Electric, Inc. in the amount of $145,763; and, appropriate $90,815 of undesignated Public Education and Government Access (PEG) funds to PEG fund business unit 24385101.82800; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, 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. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None PUBLIC HEARING 27 24. 23-481 CONTINUED TO JUNE 20 WITH PUBLIC HEARING OPEN request to consider adoption of 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 Sunny Han, Acting Chief Financial Officer, and Tom Herbel, City Engineer, presented a PowerPoint communication titled City of Huntington Beach FY 2023/24 Budget Adoption with slides entitled: Presentation Overview; FY 2022/23 General Fund Budget Update; Economic Overview & Local Budgetary Impacts; Proposed FY 2023/24 General Fund Budget Review; 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 (3); Recommend FY 2023/24 Authorized Positions (3); FY 2023/24 Full Time Equivalent - General Fund; General Fund Long-Term Financial Plan; Pension Update; CalPERS UAL Payment Projection; General Fund Reserve Policy (2); FY 2023/24 Capital Improvement Program (CIP); FY 2023/24 CIP Budget; FY 2023/24 Key Budget Components and Approval Requested; and City Council Approval Requested (2). Mayor Strickland stated his understanding, after discussions with City Manager Zelinka, that a budget deficit is expected if current POA negotiation numbers are included, and the presented numbers do not include the other collective bargaining unit negotiations. He also noted he has asked the City Manager to return this budget, plus two years, to all Department Heads, excluding Public Safety, for modest reductions. He added that since the final budget numbers are not available today, he is not prepared to vote today, but believes with a bit more time it will be possible to provide a positive budget. Mayor Strickland opened the Public Hearing. 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: 2 emails Public Speakers — 1 Amory Hanson was called to speak and stated his support for Public Hearing Item #23 (H), the addition of three new positions for the Communications Department. (02:13:56) 28 There being no more speakers, Mayor Strickland requested that the Public Hearing be continued open to allow staff the opportunity to submit a balanced budget that includes data from Administrative Items No. 25 (23-488) (if approved by Council) regarding 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. Councilmember Moser suggested that Department Heads be asked to evaluate not only potential budget reductions but also potential increased revenues. City Manager Al Zelinka confirmed that both sides of the budget will be addressed. Councilmember Kalmick confirmed with Acting Chief Financial Officer Han that the next review of the adjusted budget will include Police Officer Association (POA) numbers, if approved by Council; and confirmed with Mayor Strickland and City Manager Zelinka best efforts will be for the FY 2023/24, plus two years. A motion was made by McKeon, second Strickland to continue this item, with public hearing open, to June 20, 2023. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None ADMINISTRATIVE ITEMS 25. 23-488 Approved 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 Travis Hopkins, Assistant City Manager, presented a PowerPoint communication titled Introduction of Proposed Memoranda of Understanding with Police Officers' Association with slides entitled: Meyers- Milias Brown Act; Proposed Memoranda of Understanding (2); Fiscal Impact; and City Council Options. Mayor Strickland thanked everyone involved in getting to this point in negotiations, and noted Chief Parra's remarkable leadership. Mayor Strickland said his goal is to provide the tools that Chief Parra needs for a competitive Police Department that can continue to keep the City safe for everyone. Councilmember Bolton noted for the public record that police departments nation-wide are finding it increasingly difficult to find qualified officers and staff. Councilmember Kalmick confirmed with Chief Parra there are currently approximately 27 open positions in the Police Department. Councilmember Kalmick noted this Memoranda of Understanding (MOU) is expected to improve recruitment, retention of institutional knowledge, as well as incentivize Academy participation. He added his interest in working to find additional sources of revenue to help offset some of the costs. Mayor Strickland stated for the record that he would not support any proposed sales tax increase as an effort to increase revenue. City Attorney Michael Gates advised Council to be careful of commenting on items that are not agendized. 29 A motion was made by Strickland, second Kalmick to 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. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None COUNCILMEMBER ITEMS 26. 23-480 Approved item submitted by Council Member Burns — Request to Form a Charter Review Ad Hoc Council Committee to Recommend Proposed Charter Amendments Councilmember Burns noted that a majority of the Charter Amendments proposed for the November 2022 ballot failed, and added he believes there are some areas of the Charter that could use meaningful updates. He noted his intention is to have any proposed City Charter Amendments on the ballot for the March 5, 2024 election. Councilmember Bolton stated she would need to know the costs for a Charter review before she can support this item. Councilmember Kalmick stated he cannot support an item that utilizes an Ad Hoc Committee, which means meetings are held behind closed doors vs. the recent Charter Review Commission effort which held public meetings. He suggested any Charter review should be an open and rigorous process that includes public meeting notices and opportunity for public comments. Councilmember Moser stated support for Councilmember Kalmick's comments, and appreciation for the efforts of the previous Charter Review Commission which she believes provided an example of transparency and good governance. She noted that all Councilmembers were able to select a member for the previous Charter Review Commission, and stated she cannot support using an Ad Hoc Committee for the purpose of making proposed City Charter amendments. Mayor Strickland stated that any recommendations of an Ad Hoc Committee would come before the City Council, and the public would have opportunity to share their comments as they do for any other Council item, and anything approved by City Council would then be presented to the community for a ballot vote. A motion was made by Burns, second Strickland to designate Mayor Strickland to lead an ad hoc committee of himself and two other 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, 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. The motion carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton 30 27. 23-497 Approved item submitted by Council Member McKeon — Decertification of Beach/Edinger Corridor Specific Plan Environmental Impact Report Councilmember McKeon reviewed many reasons for submitting this item, including his opinion that the Beach/Edinger Corridor Specific Plan (BECSP) Environmental Impact Report (EIR) is outdated and obsolete. He does not want to include a date specific, and asked that if this item is approved, the City Manager and City Attorney provide regular updates during the process. Councilmember Bolton expressed her frustration with trying to understand why a long-standing EIR that has been used for many projects, and may even currently have projects that are being contemplated under it, should suddenly be deemed obsolete. Councilmember McKeon stated this EIR in his opinion is outdated, does not reflect issues related to more recent State housing laws, and does not take into consideration increased public safety needs, or current infrastructure needs, or available resources, or updated landscape considerations. Councilmember Kalmick asked Councilmember McKeon what he was trying to solve by presenting this item. Councilmember Kalmick noted that this EIR is for a specific project, and each project under the Beach/Edinger Corridor Specific Plan must go through an environmental checklist. He also stated that to the best of his knowledge there is currently no mechanism established to decertify an EIR. Councilmember Kalmick shared his opinion that trying to decertify this EIR is actually anti-business because a majority of the projects approved under the BECSP EIR are businesses, not residential, projects. Councilmember Kalmick continued by sharing his opinion that if the goal is to make it more difficult to build more housing on Beach Boulevard, the appropriate action would be to re-zone Beach Boulevard back to commercial use. He added that if the BECSP EIR were decertified, then each new business project in that Specific Corridor would have to actually spend more money for an EIR. Councilmember Kalmick stated he believes government should focus on actions that help make businesses more successful and having programmatic EIRs does that. Councilmember Kalmick asked which Specific Plan EIRs will be decertified next, and stated he believes this is not a serious policy goal. Councilmember McKeon stated he has full faith in the staff, City Manager and City Attorney to come back with a workable plan. He added his opinion that the BECSP EIR has been problematic for a long time, and noted that in his construction business projects throughout the country, he does not have to do an EIR, but does have to evaluate negative impacts to the environment through a CEQA checklist. Councilmember Moser asked for clarification on the intent of this item, which specifically asks for "decertification" of the BECSP EIR, and noted decertification has never been done before except by a judge prior to the completion of a project. She added that if the intent is to stop or reduce housing development along the Beach/Edinger Corridor, that that is another thing for which staff could return with possible solutions to change policy. Councilmember Moser invited Community Development Director Luna-Reynosa to weigh in on potential ramifications if it is possible to decertify the BECSP EIR. Director Luna-Reynosa clarified that an EIR is not a policy document, but rather a disclosure document to identify potential environmental impacts due to a project. She added that an EIR has a threshold of significance, and it analyzes and discloses the environmental impacts of development up until a particular threshold. She noted that in reality only 1,900 units, of the 6,500 originally analyzed, have either been constructed or permitted for the BECSP. She deferred to the City Attorney regarding any possible legal ramifications. 31 Director Luna-Reynosa named the projects approved within the BECSP EIR during her tenure that included only one residential project and many businesses. She noted that if the BECSP EIR didn't exist, then each project would require staff to go through a CEQA checklist to determine potential environmental impacts and further determine if the impacts are significant or could be mitigated which would determine the type of environmental decision, whether exempt, negative, or mitigated, or require an EIR. Councilmember McKeon reiterated based on his experience this is the process every state commercial project must go through, and he does not understand why some Councilmembers feel this item could stifle business growth, as every commercial and retail developer knows they have to go through the CEQA checklist. Councilmember Moser explained that AB 2011 could potentially affect what can be built on current commercial properties with regards to housing, and asked Director Luna-Reynosa if there is no programmatic certified EIR, could the City potentially lose mitigation measures. Director Luna-Reynosa responded that if the mitigation monitoring program was approved and pulled into the BECSP review process, so that projects are required to comply with those mitigation measures, and a project was exempt, it means no CEQA is required, or there is no way to extract those mitigation measures. The cumulative impact through the EIR that considered development throughout the entire corridor resulted in a number of intersections identified as needing improvements, and any individual project that is analyzed only on its own, wouldn't reach the significance threshold to require those intersections to be improved. Therefore, some of those types of mitigations could be lost, and maybe others as well. Councilmember Moser clarified, essentially mitigating community concerns such as potential challenges of noise, or shadow studies, etc. Councilmember Bolton confirmed with Director Luna-Reynosa that having to do a complete study, if there is no programmatic EIR available, would add time and costs for each project. Councilmember Bolton referenced the letter received from the Auto Dealers, which gives her the impression this issue has not been discussed with them, and they are concerned about potential ramifications. She stated she cannot support something that may just increase time and costs for development projects. Mayor Pro Tem Van Der Mark clarified this item request is only to ask staff to return with a plan, and not actually decertify anything. Councilmember Bolton suggested a wording change to make that clearer. Councilmember McKeon stated he likes the way the item now reads. City Manager Zelinka confirmed that if he or the City Attorney have questions during the process to come up with a plan, they will return to Council with those questions for clarification. Mayor Strickland noted he has concerns, as expressed by the Auto Dealers today, and he personally sees this item as a step forward with opportunity to delve into all concerns and for additional discussions. He stated at the moment he will support this item and will review what comes back from staff. A motion was made by McKeon, second Burns to 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. The motion carried by the following roll call vote: 32 AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton ADJOURNMENT — at 8:27 PM a motion was made by McKeon, second Van Der Mark, to adjourn to a special meeting of the Huntington Beach City Council to be held on Thursday, June 8, 2023, at 9:00 AM in Rooms C & D of the Huntington Central Library, 7111 Goldenwest Street, Huntington Beach, California. 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 _______________________________________ 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 33 Minutes Special Meeting City Council/Public Financing Authority City of Huntington Beach Tuesday, June 13, 2023 3:00 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/ 3:00 PM - COUNCIL CHAMBERS CALLED SPECIAL MEETING TO ORDER - 3:00 PM ROLL CALL Pursuant to Resolution No. 2001-54, Mayor Strickland requested and was granted permission to be absent. Present: Kalmick, Moser, Van Der Mark, McKeon, Bolton, and Burns Absent: Strickland ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) – None. PUBLIC COMMENTS (3-Minute Time Limit) – None. RECESS TO CLOSED SESSION – 3:01 PM A motion was made by McKeon, second Burns, to recess to Closed Session for Item No. 1. CLOSED SESSION 1. 23-523 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Tabares (Tiffany) vs. City of Huntington Beach/Eric Esparza; OCSC Case No.: 30-2021-01200297. RECONVENE THE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING – 3:12 PM CLOSED SESSION REPORT BY CITY ATTORNEY — None. 34 ADJOURNMENT – 3:13 PM, a motion was made by Burns, second McKeon, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on 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 ________________________________________ 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 35 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-495 MEETING DATE:6/20/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Travis K. Hopkins, Assistant City Manager PREPARED BY:Sandie Frakes, Management Aide Subject: Approve the re-appointments of KC Fockler, Kathleen McGowan, Bud Benneman, Joan Siegal, and Eric Bornstein to the Environmental & Sustainability Board as recommended by City Council Liaisons Rhonda Bolton and Natalie Moser Statement of Issue: The Environmental & Sustainability Board (ESB) is scheduled to have five vacancies starting July 1, 2023. The City Council is asked to consider the re-appointment of the following current ESB members for varying terms: KC Fockler and Kathleen McGowan for 2-year terms (July 1, 2023 through June 30, 2025); Bud Benneman, Joan Siegal, and Eric Bornstein for 4-year terms (July 1, 2023 through June 30, 2027). Financial Impact: There are no fiscal impacts associated with the recommended action. Recommended Action: Approve the re-appointment of the following current ESB members: KC Fockler and Kathleen McGowan for a 2-year term of July 1, 2023 through June 30, 2025; Bud Benneman, Joan Siegal, and Eric Bornstein for a 4-year term of July 1, 2023 through June 30, 2027. Alternative Action(s): Refer the matter back to the Council Liaisons for selection of other candidates to fill the upcoming vacancies. Analysis: The ESB is a volunteer Board consisting of seven voting members, which includes five citizen appointees and two City Council liaisons. The Board also includes a Planning Commission liaison who attends meetings but is not a voting member. City of Huntington Beach Printed on 6/15/2023Page 1 of 2 powered by Legistar™36 File #:23-495 MEETING DATE:6/20/2023 The ESB’s duties include supporting and guiding the development and implementation of the City's Sustainability Master Plan that will propose measures to improve efficiency and sustainability within City municipal operations. Such operations may involve energy conservation in City facilities, resource recovery/waste management, transportation and mobility infrastructure, City fleet and other pertinent matters within the City’s control. The ESB is also able to perform such other duties as may from time to time be properly assigned or delegated to it by the City Council. Currently, the ESB’s five citizen appointees include KC Fockler, Kathleen McGowan, Bud Benneman, Joan Siegal and Eric Bornstein who have served successfully on the Board throughout their terms. All of their terms are scheduled to end on June 30, 2023, and each member is seeking reappointment. Their reappointment requests are attached for consideration. Per HBMC 2.100.065, terms must be staggered, so that the majority of terms end in odd-numbered years following the election of four Council Members and the remainder end in odd-numbered years following the election of three council members. If the Council chooses to reappoint all five members, staff proposes assigning them to two or four year terms. Members Fockler and McGowan are willing to serve two year terms ending in June 30, 2025; thereafter, their seats will be reopened as four year terms. Members Benneman, Siegal and Bornstein are willing to serve four year terms that end on June 30, 2027 and every 4 years thereafter. 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: Community Engagement Attachment(s): 1. Updated Environmental & Sustainability Board Roster 2. Re-appointment Request from Environmental & Sustainability Board Member KC Fockler 3. Re-appointment Request from Environmental & Sustainability Board Member Kathleen McGowan 4. Re-appointment Request from Environmental & Sustainability Board Member Bud Benneman 5. Re-appointment Request from Environmental & Sustainability Board Member Joan Siegal 6. Re-appointment Request from Environmental & Sustainability Board Member Eric Bornstein City of Huntington Beach Printed on 6/15/2023Page 2 of 2 powered by Legistar™37 City of Huntington Beach ENVIRONMENTAL & SUSTAINABILITY BOARD (As of 12-2022) MEMBERSHIP ROSTER COUNCIL LIAISONS: Rhonda Bolton and Natalie Moser PLANNING COMMISSION LIAISONS*: Oscar Rodriguez, Brendon Perkins (Alternative) STAFF LIAISONS: Catherine Jun and Shannon Levin, City Manager's Office MEMBER TITLE 1ST TERM APPOINTED BY APPOINTMENT DATE: 1ST TERM TERM ENDS 1 Rhonda Bolton, Council Member Vice Chair City Council 12/20/2023 12/31/2024 2 Natalie Moser, Council Member Chair City Council 12/21/2021 12/31/2024 3 Bud Benneman Board Member Delgleize and Hardy 10/21/2019 6/30/2023 4 KC Fockler Board Member Delgleize and Hardy 10/21/2019 6/30/2023 5 Kathleen McGowan Board Member Delgleize and Hardy 10/21/2019 6/30/2023 6 Joan Siegal Board Member Delgleize and Hardy 10/21/2019 6/30/2023 7 Eric Bornstein**Board Member Kalmick and Moser 09/20/2022**6/30/2023 * Planning Commission Liaisons are assigned to attend Board meetings but are not voting members. ** Bornstein's initial term is not a full term per HBMC 2.100. As such, he would be eligible for 2 more consecutive terms after 6/30/2 38 From:KC Fockler To:Frakes, Sandie Subject:Env and Sustainability Board Position Date:Tuesday, June 6, 2023 12:55:50 PM Dear Sandie, Per your request, and per City Municipal Codes, I would like to be considered for reappointment to the Environmental and Sustainability Board for a two year term beginning in 2023, after my current term expires. If you or the Board Liaisons should have any questions, or there is anything else I need to do, please reach out to me at your earliest convenience. I am In Nicaragua right now, but will answer back ASAP. Thank you all for the consideration. KC Fockler "Carpe Diem!" City of HB: Environmental/ Sustainability Board Member; Surfrider Foundation, North OC Chapter (Education Program Coordinator, past Chapter Chair) 39 From: To:Frakes, Sandie Cc:Levin, Shannon; Moser, Natalie; Bolton, Rhonda Subject:Re: Request for Reappointment to the Environmental & Sustainability Board Date:Tuesday, June 13, 2023 3:15:23 PM Good afternoon, Sandie, I would like to continue to serve on the Environmental & Sustainability Board, but I am flexible as to the length of term. Apologies for the tardiness of my response. Best, Kathleen McGowan From: Frakes, Sandie <Sandie.Frakes@surfcity-hb.org> Date: Thursday, June 1, 2023 at 10:55 AM To: Cc: Levin, Shannon <Shannon.Levin@surfcity-hb.org>, Moser, Natalie <Natalie.Moser@surfcity-hb.org>, Bolton, Rhonda <Rhonda.Bolton@surfcity-hb.org> Subject: Request for Reappointment to the Environmental & Sustainability Board Hello Environmental & Sustainability Board (E&SB) Members: The E&SB Roster indicates that your term ends on June 30, 2023. In accordance with the Huntington Beach Municipal Code 2.102.020 and Administrative Regulation 111 – Vacancies and Onboarding Procedure for Boards, Commissions, Committees, or Advisory Groups, you may request reappointment for an additional term of 2 or 4 years. To do this, please email your written request for reappointment for an additional two-year or four- year term to me by June 9, 2023, and I will put them together and forward to your Council Liaisons for their consideration. Pending Council Liaisons’ approval of your request, this will be presented to the City Council for their approval at the June 20, 2023 meeting before your term expire. Accordingly, your timely response is requested and appreciated. Please let myself or Shannon Levin know if you have any questions. Sincerely, Sandie Frakes City Manager’s Office City of Huntington Beach direct phone: 714.536.5249 40 P Save A Tree - please consider the environment before printing this message. Please note that email correspondence with the City of Huntington Beach, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. If your receipt of this transmission is in error, please notify Sandie Frakes immediately by calling collect at 714-536-5249 and destroying the original transmission and its attachments without reading them, printing them or saving them to an electronic medium. Thank you. 41 Page 1 Acknowledgement o Applicants must be U.S. citizens, and residents and electors of the City of Huntington Beach during the appointment process and term, and may not hold more than one membership at a time. o Pursuant to the Municipal Code Chapter 2 .100, no members of boards or commissions shall hold any paid office or employment in the City personnel system. o All Council appointed commission, board, and committee members are required to take two hours of AB1234 public service ethics training and AB1661 harassment prevention training every two years and thereafter. o All Council appointed commission, board, and committee members must comply with the City's Huntington Beach Code of Ethics Policy, Social Media Policy for Elected and Appointed Officials (AR 509), Equal Employment Opportunity Policy (AR419), Anti-Harassment Policy (AR 412), and Wor1<place Violence Policy (AR 416). o You are applying for a public position. As such, the information provided in your application becomes a public record once the appointment process is completed, and may be subject to public inspection pursuant to the California Public Records Act. o If appointed, you will be required to take an Oath of Office and are subject to filling a Statement of Economic Interests pursuant to the City's Conflict of Interest Policy (Resolution 2023-01 ) . ., I acknowledge and certify that I meet the requirements listed in the notice above. Last Name * Benneman First Name * Bud Name of Board, Commission, Committee, or Task Force * Environmental & Sustainability Board Length of Residency in Huntington Beach * 10 years current Occupation * Professor of Geology and Environmental Science Middle Initial John Date * 6/5/2023 If you are not a U.S . citizen, or if you are currently serving on a board, you will be disqualified from the application process. United States Citizen?* • Yes No If so, which one?* Environmental & Sustainability Board Currently Serving on a City Board or Commission?* • Yes No 42 Home Address:* Street Address -Address Line 2 City Huntington Beach Postal / Zip Code 92647 Phone Numbers Personal Type * (?) Number * cell -- Personal Email * State California Phone Numbers Business Type (?) Number - 43 Page 2 Educational Background * B.S, Geology, Environmental Science and Economics Masters in Civil Engineering Hydrology Professional Licenses and/or Associations * Member of Geological Society of America (GSA) Surfrider Foundation Blue Water Task Force (BWTF) Testing ocean water from the Huntington Beach to the 0. C LA County line. Involved in Beach, Channel and Harbor Cleanups on a regular basis Professional Experience * Worked in the environmental field in mining environmental regulations and remediation Full Professor of Geology Golden West College Special Knowledge or Skills * Background in Business and science worked for private enterprise and government able to bridge the gap between environmentalist and business people. I understand a broad spectrum of Political and environmental beliefs and act as an independent not tied to one political party Civic Interests and/or Service Memberships?* Past member of the Huntington Beach Environmental Board Currently part of the core group of the Surfrider Foundation . BWTF coordinator and education outreach How will your qualifications best serve the citizen advisory group that you are applying for, and why do you wish to serve on this group?* By provide residents with accurate information on environmental issues facing the city and listen to their concerns and respect the opinions of others. Also act as an open minded person as a go Between the city and the Huntington Beach public. Inform my students at Golden West College current events and environmental concerns. Bringing real wor1d local examples that occur in Huntington Beach have a great impact on Student learning and it provides real life situations that impact our community. I have done this in the past and it is an effective learning tool for our students. In addition, I inform Surfrider and its membership on current Huntington Beach environmental issues. ~ I certify that all statements made on this application are true and correct to the best of my knowledge. I have read and understand the duties and responsibilities of the particular position that I am applying for and authorize the release of this information. Signature * It is the policy of the City Council to make appoinbnents to the citizen commissions, boards, and committees, based on the needs of the city, as well as the interests and qualifications of each applicant. Selection will be made without discrimination based on the applicant's race, color, religion, ancestry, national origin, age, gender, sexual orientation, marital status, political affiliation, veterans' status, disabilities, or any medical condition or any other basis protected by federal and state statutes. All applications will remain active for one (1) year from the date received and be kept on file for 2 years for the position(s) applied for. Additional information concerning a particular commission, board, committee, or task force or the application process is available through the staff support department identified above. General questions can be directed to Cathy Fikes, (714) 536-5553. 44 From:Siegal, Joan To:Frakes, Sandie Cc:Levin, Shannon; Moser, Natalie; Bolton, Rhonda Subject:RE: Request for Reappointment to the Environmental & Sustainability Board Date:Wednesday, June 7, 2023 1:56:58 PM To all, I would like to apply for another four-year term. Thank you, and I look forward to serving. Regards, Joan From: Frakes, Sandie <Sandie.Frakes@surfcity-hb.org> Sent: Thursday, June 1, 2023 10:56 AM Cc: Levin, Shannon <Shannon.Levin@surfcity-hb.org>; Moser, Natalie <Natalie.Moser@surfcity- hb.org>; Bolton, Rhonda <Rhonda.Bolton@surfcity-hb.org> Subject: Request for Reappointment to the Environmental & Sustainability Board Importance: High Hello Environmental & Sustainability Board (E&SB) Members: The E&SB Roster indicates that your term ends on June 30, 2023. In accordance with the Huntington Beach Municipal Code 2. 102. 020 and Administrative Regulation 111 –Hello Environmental & Sustainability Board (E&SB) Members: The E&SB Roster indicates that your term ends on June 30, 2023. In accordance with the Huntington Beach Municipal Code 2.102.020 and Administrative Regulation 111 – Vacancies and Onboarding Procedure for Boards, Commissions, Committees, or Advisory Groups, you may request reappointment for an additional term of 2 or 4 years. To do this, please email your written request for reappointment for an additional two-year or four- year term to me by June 9, 2023, and I will put them together and forward to your Council Liaisons for their consideration. Pending Council Liaisons’ approval of your request, this will be presented to the City Council for their approval at the June 20, 2023 meeting before your term expire. Accordingly, your timely response is requested and appreciated. Please let myself or Shannon Levin know if you have any questions. Sincerely, Sandie Frakes City Manager’s Office City of Huntington Beach direct phone: 714.536.5249 45 P Save A Tree - please consider the environment before printing this message. Please note that email correspondence with the City of Huntington Beach, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. If your receipt of this transmission is in error, please notify Sandie Frakes immediately by calling collect at 714-536-5249 and destroying the original transmission and its attachments without reading them, printing them or saving them to an electronic medium. Thank you. 46 From:Eric Bornstein To:Frakes, Sandie Subject:Re: Request for Reappointment to the Environmental & Sustainability Board Date:Monday, June 12, 2023 8:58:55 AM Good afternoon, I am writing to formally request reappointment to the Huntington Beach Environmental & Sustainability Board for a 4 year term. Serving on the board these past few months has been a rewarding experience, and I am eager to continue contributing to the work undertaken by the board in promoting environmental stewardship and sustainability both at the City and throughout our community. -Eric Bornstein LinkedIn "Life is shorter than you think. You're capable of more than you believe. Live accordingly." On Thu, Jun 1, 2023 at 10:55 AM Frakes, Sandie <Sandie.Frakes@surfcity-hb.org> wrote: Hello Environmental & Sustainability Board (E&SB) Members: The E&SB Roster indicates that your term ends on June 30, 2023. In accordance with the Huntington Beach Municipal Code 2.102.020 and Administrative Regulation 111 – Vacancies and Onboarding Procedure for Boards, Commissions, Committees, or Advisory Groups, you may request reappointment for an additional term of 2 or 4 years. To do this, please email your written request for reappointment for an additional two-year or four-year term to me by June 9, 2023, and I will put them together and forward to your Council Liaisons for their consideration. Pending Council Liaisons’ approval of your request, this will be presented to the City Council for their approval at the June 20, 2023 meeting before your term expire. Accordingly, your timely response is requested and appreciated. Please let myself or Shannon Levin know if you have any questions. Sincerely, 47 Sandie Frakes City Manager’s Office City of Huntington Beach direct phone: 714.536.5249 P Save A Tree - please consider the environment before printing this message. Please note that email correspondence with the City of Huntington Beach, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. If your receipt of this transmission is in error, please notify Sandie Frakes immediately by calling collect at 714-536-5249 and destroying the original transmission and its attachments without reading them, printing them or saving them to an electronic medium. Thank you. 48 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-503 MEETING DATE:6/20/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Travis K. Hopkins, Assistant City Manager PREPARED BY:Jennifer Carey, Public Affairs Manager Subject: Approve and authorize execution of Professional Services Contracts with Dorado Creative, Inc., Tripepi Smith and Associates, and Marketworks for On-Call Video Production Services for a two-year contract term Statement of Issue: As existing contracts for on-call Video Production Services expire in July 2023, the City issued a Request for Proposals (RFP) to identify qualified contractors to continue producing informative video content for the City’s outreach platforms. Following a careful evaluation of all proposals received, the City recommends awarding two-year on-call contracts to Dorado Creative, Inc. (Dorado), Tripepi Smith and Associates (Tripepi), and Marketworks. Financial Impact: Sufficient funds for two-year term contracts with Dorado ($160,000), Tripepi ($130,000), and Marketworks ($100,000) are proposed to be budgeted in the Fiscal Year 2023- 2024 and Fiscal Year 2024-2025 Operating Budgets in account no. 10030302.69365. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract Between the City of Huntington Beach and Dorado Creative, Inc. for On-Call City of Huntington Beach Video Production Services"; and/ or B) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract Between the City of Huntington Beach and Tripepi Smith and Associates for On-Call City of Huntington Beach Video Production Services"; and/ or C) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract City of Huntington Beach Printed on 6/15/2023Page 1 of 3 powered by Legistar™49 File #:23-503 MEETING DATE:6/20/2023 Between the City of Huntington Beach and Marketworks for On-Call City of Huntington Beach Video Production Services"; and/ or Alternative Action(s): Do not approve one or more contracts, and direct staff accordingly. Analysis: Background In the City of Huntington Beach’s ongoing efforts to expand communication efforts and create relative and informative content, there is a need for video production service contractors to produce a wide variety of videos. Video content is distributed to the community via the City’s local television channel HBTV3, YouTube, Social Media, Surf City Break, and email newsletter. The City currently produces a wide range of programming, such as Hidden Huntington Beach, Mayor’s Roundtable, Public Service Announcements, and Surf Scene. Additionally, there is a need to create internal video content to aid with recruitment efforts, training, and employee awareness. The City’s Office of Communications is in the process of building out a robust communications strategy to better relay information to residents, businesses, and visitors. Digital communication is critical in this overall strategy to both communicate City initiatives, services, programs, and events. The Office of Communications looks to begin producing video content internally and becoming less reliant on contracted services by utilizing in-house staff and resources in the future. In the interim, the City proposes to award on-call video production services contracts to three firms, following an RFP evaluation process. Dorado Creative, Inc. Dorado Creative, Inc. (formerly Dakota) has worked with the City since 2020. During the pandemic, the production company produced weekly video messages from the Mayor and helped with social media messaging as well as videos featuring our first responders, local clinics and hospitals, and videos highlighting our dedicated City team still working through COVID-19. Since then, Dorado Creative, Inc. has assisted the City with content creation with continued messaging from Mayor Tony Strickland. Dorado has produced multiple public service announcements featuring adoptable pets, monthly messages, and content like the Mayor’s Roundtable - a new show with Mayor Strickland featuring special guests. The first episode featured HBPD Chief Eric Parra. With the new contract, the team will continue producing the Mayor’s Roundtable, public service announcements, and timely messages from the Mayor. Should this contract be approved, the total not-to-exceed contract amount will be up to $80,000 per year for a two-year period. Tripepi Smith and Associates As they have since 2019, Tripepi Smith and Associates will continue to provide staffing to produce and livestream the City Council, Planning Commission, and special meetings, as needed. Should this contract be approved, the total not-to-exceed contract amount will be up to $65,000 per year for a two-year period. City of Huntington Beach Printed on 6/15/2023Page 2 of 3 powered by Legistar™50 File #:23-503 MEETING DATE:6/20/2023 Marketworks Marketworks covers the City’s special events such as ribbon cuttings, groundbreakings, special events, and town halls. Recent examples include the Mayor’s Spotlight Awards, Mayor’s Town Halls, Public Works Open House, Pacific Air Show announcement, and public art unveiling at Central Park. Marketworks also produces recurring original content such as Surf Scene and FlasHBack. Should this contract be approved, the total not-to-exceed contract amount will be up to $50,000 per year for a two-year period. 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: Community Engagement Attachment(s): 1. Professional Services Contract with Dorado Creative, Inc. 2. Professional Services Contract with Tripepi Smith and Associates 3. Professional Services Contract with Marketworks 4. List of Proposals/Responders to the RFP City of Huntington Beach Printed on 6/15/2023Page 3 of 3 powered by Legistar™51 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DORADO CREATIVE, INC FOR ON-CALL VIDEO SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and DORADO CREATIVE, INC, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide On-Call Video Services for HBTV Channel 3; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULT ANT shall provide all services as described in Exltjbit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be refen-ed to as the "PROJECT." CONSUL TANT hereby designates Carlos Madriles who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Ag1·eement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 23-12923/J 12103 I of 11 52 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agl'eement. The services of CONSULT ANT are to commence on July 1, 2023 (the "Commencement Date"). This Agreement shall automatically terminate two (2) years from the Commencement Date, unless extended or soonet· terminated as provided herein. All tasks specified ir1 Exhibit II A" shall be completed no later than two (2) years from the Commencement Date. The time for pe1fo1mance of the tasks identified in Exhibit II A 11 are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the pel'formance of the services described herein, CITY agrees to pay CONSULT ANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorpol'ated by reference into this Agreement, a fee, including all costs und expenses, not to exceed One Hundred Sixty Thousand Dollars ($160,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services descl'ibed in Exhibit "A," CONSULTANT will undc11ake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior w1·itten approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 23-l 2923/312103 2 of 11 53 7. DISPOSITION OF PLANS, ESTJMA TES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULT ANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULT ANT's ( or CONSULT ANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULT ANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 23-12923/312103 3 of 11 54 "CONSULT ANT hereby agrees to protect, defend, indemnify and hold ha1111less CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULT ANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULT ANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's prop011ionate percentage of fault. However, notwithstanding the pl'evious sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankrnptcy or dissolution of the business, CONSULT ANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT fol' all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULT ANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars {$1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 23-12923/312103 4 of l l 55 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy furthe1· provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give l'ise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULT ANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSUL TANT fails 01· refuses to produce or maintain the insurance required by this section or fails or refuses to fumish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULT ANT shall furnish to CITY a certificate of insurance subject to approval of the City Attomey evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each canier and policy; B. state that the policy is currently in force; and 23-12923/312103 5 of 11 56 C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULT ANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULT ANT is, and shall be, acting at all times in the performance of this Agreement as a11 independent contractor herein and not as an employee of CITY. CONSULT ANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be perfol'med hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be perfo11ned in a good and wm-kmanlike manner. CITY may tem1inate CONSULT ANT's services hereunder at any time with 01· without cause, and whether or not the PROJECT is fully complete. Any termination of this Agl'eement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 23-12923/312 l 03 6 of 11 57 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULT ANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULT ANT shall employ no CITY official nor any regular CITY employee in the work perfo1med 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, ce11ificates, 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 wa11·anl, 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-retum receipt requested: 23-12923/J 12103 7 of 11 58 TO CITY: City of Huntington Beach ATfN: City Manager 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Dorado Creative, Inc. A TIN: Carlos Madril es 5753 E. Santa Ana Canyon Rd., #0610 Anaheim Hills, CA 92807 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction 01· event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both pa1·ties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Ag1·eement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal 01· invalid, such holding shall not invalidate or affect the remaining covenants and prnvisions of this Agreement. No covenant 01· prnvision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 23-12923/312103 8 of 11 59 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be cu11ailed and limited only to the extent necessat·y to bring it within the requil'emcnts of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared nnd signed in counterpa11s as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULT ANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the · United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULT ANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULT ANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attomey is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incun·ed by CONSULTANT. 23-12923/312103 9 of 11 60 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so smvive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and wammts that its signature hereinbelow has the power, authority and right lo bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The pat·ties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the oppmtunity to consult with legal counsel pl'ior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or wa1·ranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this 23-12923/312 l 03 10 of 11 61 Agreement. This Agreement, and the attached exh ibits, contain the en tire ag reement between the parties respecting the subj ect matter of this Agreement , and supersede all prior und ersta ndin gs and agreeme nt s wheth er ora l or in wr iting between the parties respecting the subj ect matter hereof. 29. ErrECTIVE DATE This Agreement s hall be effective o n the date of its approval by th e City Co unc il. This Agreement s hall expi re whe n terminated us pro v ided herein. lN WITNESS WI IER EOF, the parties hereto have caused this Agreemen t to be execut ed by a nd through th eir authorized officers. CONSULT ANT, DORADO CREATIVE, INC . By: print na ITS: (circle one) Clmirm Vice Pre sident AND By:. _____________ _ print name [TS: (circle one) Secret ary/Chief Fi nancial Officer/ Asst. Secretary -TreRsurcr CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Californ ia Mayor City Clerk lNITIATED AND APPROV E D: Jc Assis tant Ci~ger REVIEWED AND A PPROVED: City Manage r APPROVED AS TO fORM: City Attorney ~ 2)-12923/3 12 l 03 I I of 11 62 A. B. C. D. EXHIBIT "A" STATEMENT OF WORK: (Narrative of work to be performed) Provide On-Call Video Se1vices for HBTV Channel 3 CONSULTANT'S DUTIES AND RESPONSIBILITIES: Videos will include: 1. PSA' s with Mayor Strickland 2. Filming City Council Customer Service Videos 3. PSA's with Mayor and QC Animal Care 4. Other videos as needed. CITY'S DUTIES AND RESPONSIBILITIES: WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A 63 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) Small Productions: Single camera, single day shoots, with final project 2-minutes or less. Exam les: PSAs. Ma or Weeki U date. Medium Productions: Eithe1· single camera two-day shoot, or single day 2-camera shoots. Examples: Oil Sp ill, Interviews. Large Productions: Multi-day, multi-camera shoot. Up to four days of production, including all necessary post production. Examples: Art Video, State of the Cit . $2,500 ea. If multiple shoots on same day: $2,000 ea. $5,500 ea. If multiple shoots on same day, $5,000ea. ~$15,000 -$20,000 depending on details. _r__. _________________ _.__ _________________ __, 1. CONSULT ANT shall be entitled to monthly progress payments toward the fixed foe set forth herein in accordance with the following progress and payment schedules. 2. Delivery of wol'k product: A copy of every memorandum, letter, report, calculation and other documentation pl'epared by CONSULT ANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on a11y such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULT ANT's firm that the wol'k has been perfo1med in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULT ANT is making satisfactory pmgress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be um·easonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons fo1· non-approval and the schedule of perfol'mance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULT ANT is in, or has been brought into compliance, or until this Agreement has expired 01· is terminated as provided herein. 64 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be Invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred Is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 65 ~!lD"> CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYVV) 05/31/2023 ....-----, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pDllcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lleu of such endorsement(s). PRODUCER 657-215-3333 657-215-3332 SfHl~cr John G Petit John G Petit Insurance Agency Inc fA'i~tt~-.,_.,, 657•215-3333 I ft~.Noli 657-215-3332 6013 Warner Avenue ~fJu~aa, ioetlt<@farmersaoent.com Huntington Beach, CA 92647 INSURERIS\ AFFORDING COVERAGE NAIC# License# 0L811880 and 0M51645 1NsURER A: Hiscox Insurance Comoanv Inc. 10200 INSURED INSURER 8: Dorado Creative, Inc. INSURERC: 5753 E Santa Ana Canyon Rd INSURERD: Suite G #610 IHSURERE: An~heim. CA 92807 INSURERF: COVERAGES CERTIFICATE NUMBER• REVISION NUMBER• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS • •~fl TYPE OF INSURANCE • ~~.,D.!-SUBR IUJ\lft POLICY NUMBER ,:BM%~ l1~filJ%~ LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s ._ D CLAIMs.MADE □ OCCUR ~~:}~M9~~~nce\ ._ s ._ MED EXP (Anv one oorson1 s ~ PERSONAL & ADV INJURY s GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s Fl paucv □ ~8r □ Loe PRODUCTS· COMP/OP AGG s OTHER: s AUTOMOBILE LIABILITY ~accident\ LELIMII s -ANY AUTO BODILY INJURY (Per person) s -OWNED -SCHEDULED BOOIL Y INJURY (Pet accident) S -AUTOS ONLY ,_ AUTOS HIRED NON-OWNED fp~~RJ!,i?AMAGE s -AUTOS ONLY ---AUTOS ONLY s UMBRBLLA LIAB HOCCUR EACH OCCURRENCE s -E>CCESSLIAB CLAIMS-MADE AGGREGATE $ Dl:O I I RETENTION s s WORKERS COMPENSATION l ~i~ure I I lt~"· AND EMPLOYERS' LIABILITY YIN AHVPROPRIETORIPARTNERIEXECUTIVE □ N/A E.L. EACH ACCIDENT s OFFICER/MEMBEREXCLUDED? (Mandalary In NH) E.L. DISEASE· EA EMPLOYEE $ gii~:;rii~ ~gPERATIONS below E.L. DISEASE -POLICY LIMIT S A Professional Liability P100.814.1987.2 12/22/2022 12/22/2023 Each Claim: $1,000,000 Aaaregate: $1,000,000 DE8CRIP1ION DP OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Addhlonol "'"'"" S.hodU•, m,y bo ~~f>SIRWk.'-....i, "d\JMM Additional Insured: The City of Huntington Beach \' _ SV! -~ M1C~1'EL ~-G"/.\TES CITY ATTORNEY ·: :-.·•t OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION The City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2000 Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Huntington Beach, CA 92648 ACCORDANCE WITH THE POLICY PROVISIONS. I AUTHORIZED REPRESENTATIVE 10kH. Gt-p l;ii.i ® 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 66 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TRIPEPI SMITH AND ASSOCIATES FOR ON~CALL VIDEO SERVICES THIS AGREEMENT ("Agl'eement") is made and entered into by and between the City of Huntington Beach, a municipal corpol'ation of the State of California, hereinafter refened to as "CITY/' and TRIPEPI SMITH AND ASSOCIATES, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide On-Call Video Services for HBTV Channel 3; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contl'acts have been complied with; and CONSULT ANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all se1-vices as descdbed in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT .11 CONSULT ANT he1·eby designates Ryder Todd Smith who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Ag1·eement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULT ANT in the pe1formance of this Agreement. 23~12924/312100 1 of 11 67 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on July 1, 2023 (the "Commencement Date"). This Ag1·eeme11t shall automatically terminate two (2) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than two (2) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit t, A. tt This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULT ANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULT ANT on a time and materials basis at the rates specified in Exhibit "B, 0 which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Hundred Thh1y Thousand Dollars ($130,000). 5. EXTRA WORK In the event CITY requil'es additional services not included in Exhibit tt A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit ''B." 23-12924/312100 2 of 11 68 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULT ANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, lette1·s and other documents, shall belong to CITY, and CONSULT ANT shall tum these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind 01· nature) arising out of or in connection with CONSULT ANT's ( or CONSULT ANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence oi-willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULT ANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULT ANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 23-12924/312100 3 of 11 69 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected 01· appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULT ANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's propo1'tionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C, Regardless of whether subparagraph A 01· B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be pmvided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder, This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 23-12924/312100 4 of 11 70 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claimsMmade policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or 1·eplacements ). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to futtll'e claims. CONSULT ANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULT ANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULT ANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in fo1·ce and paid for, the CITY shall have the l'ight, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing perfo1mance of the work hereunder, CONSULT ANT shall fumish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and 5 of 11 71 C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage 01· in limits except after thirty (30) days' prior written notice; however, ten (10) days, prior written notice in the event of cancellation for nonpayment of premium. CONSULT ANT shall maintain the fOl'egoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate fi:om CONSULT ANT 1s defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its represe11tative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt a11d timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULT ANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULT ANT and its officers, agents and employees and all business licenses, if any, in com1ection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manne1·. CITY may terminate CONSULT ANT 1s services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any te1-minatio11 of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 23-12924/312100 6 of 11 72 event of termination, all finished and unfinished documents, exhibits, rep011, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULT ANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official no1· any regular CITY employee in the work performed pursuant to this Agreement. No officer 01· employee of CITY shall have any financial interest in this Agreement in violation of the applicable pl'ovisions 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 CONSULT ANT 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 call'ier or U. S, certified mail-retum receipt requested: 23-(2924/312100 7 of 11 73 TO CITY: City of Huntington Beach A TfN: City Manager 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Tripepi Smith and Associates ATTN; Ryder Todd Smith 9 Weldon Hts Ladera Ranch, CA 92694 When CITY's consent/approval is required under this Agreement, its consent/appl'Oval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descl'iptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or inte1-pretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all pat1s of this Agreement shall in all cases be const1ued as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Ag1·eement is held by an arbitrator or court of competent jutisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining cove11ants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine 01· 23-12924/312100 8 of 11 74 neuter gendel' and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and whe1·ever there is any conflict between any provision contained herein and any present 01· future statute, law, ordinance 01· regulation contrary to which the parties have no right to contract, then the latter shall prevail, a11d the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed all odginal instmment as against any party who has signed it. 22. IMMIGRATION CONSULT ANT shall be responsible fo1· full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the U11ited States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULT ANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULT ANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 23-12924/312100 9 of 11 75 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to 1·ecover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreeme11t, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each u11de1·signed represents and watrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the oppo1tunity to consult with legal counsel prior to executing this Agreement. The patties also acknowledge and agree that no representations, inducements, ptomises, agreements or wananties, oral or otherwise, have been made by that party or anyone acting 011 that patty's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this 23-12924/312100 10 of 11 76 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the partie s respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have cause d this Agreement to be executed by and through their authorized officers. CONSULTANT, TRIPEPI SMITH AND ASSOCIATES By ~~~\,s~ Ryder Todd Smith print n ITS: (drc/c one) Chainn ice President AND By:~~~.:iu~ Nicole D. Smith print na'!!m;1,.c -----.. ITS: (c ircle 011 c) Secret· •/Chi ef Pi mmc ial Oflic /\ssl. Sccrclury -T l'cnsurcr CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: C' Assistant W-ag_e_r ___ _ REVIEWED AND APPROVED : City Manager APPROVED AS TO FORM: C ity Attorney ~ 23-1 2 92~/3 12 100 11 of 11 77 A. B. EXHIBIT '1A'' STATEMENT OF WORK: (Narrative of work to be performed) Provide On-Call Video Services for HBTV Channel 3 CONSULTANT 1S DUTIES AND RESPONSIBILITIES: Videos will include: 1. Live Streaming monthly/bi-weekly City Council and Planning Commission Meetings 2. Other videos as needed. C. CITY'S DUTIES AND RESPONSIBILITIES: City shall provide Consultant with no less than 72 hours notice of need for scheduled video support, with the exception of Emergency or Special Meetings, of which the City shall provide Consultant with as much notice as possible .. City shall pl'Ovide Consultant with no less than 48 hours notice of cancellation of scheduled video support. If notice of cancellation is given less than 48 hams before event, Consultant may request 1·eimbursement fo1· planning and travel time spent D. WORK PROGRAM/PROJECT SCHEDULE: 78 EXHIBIT "B II Payment Schedule (Fixed Fee Payment) 1. CONSULT ANT shall be entitled to monthly progress payments toward the fixed fee set f01th herein in accordance with the following progress and payment schedules. Principal Director/ Art Director Senior Business Analyst Business Analyst Junior Business Analyst Senior Videographer/ Animator Videographer/Photographer Senior Graphic Designer Graphic Designer Junior Graphic Designer Web Developer Drone Operator A/V Operator Senior AN Technician Video Equipment Fees $326.00 $229.00 $178.00 $126.00 $98.00 $178.00 $126.00 $157.00 $126.00 $98.00 $178.00 $155.00 $89.00 $269.00 Tripepi Smith offers some services that require equipment, such as drone operations and video production. As such, in those cases, the following rates apply (as seen above): • Full-day Equipment Fee: Five-hundred-fifty dolla1·s ($550) for a full day of video equipment use (includes full-set of video equipment). "Full-dayu is defined as a shoot lasting more than four (4) hours. • Half-day Equipment Fee: Three-hundred-fifty dollars ($350) for a half day of video equipment use. "Half day" is defined as anything up to four (4) hours of video production. • Live stream equipment fee: Three-hundred dollars ($350) for full video equipment related to Facebook Live stream support (Mevo camera, microphones and iPad/iPhone) • Broadcast Camera Equipment Fee: One"hundl'ed-fifty dollars ($150) fee per Event Broadcast Camera needed for large-scale events. • Drone Video Production: Any request for drone will use the Drone Operator rate (noted above) and flve-hundred"dollar ($500) Drone Equipment fee. 2. Delivery of work product: A copy of eve1·y memorandum, letter, report, calculation and other documentation prepared by CONSULT ANT shall be submitted to CITY to demonstrate 79 progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion, 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULT ANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULT ANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY, Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of pe1fol'mance set forth in Exhibit II A 11 may at the option of CITY be suspended until the parties agree that past pel'fol'mance by CONSULT ANT is in, or has been bl'ought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extl'a work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time, Such invoices shall be approved by CITY if the work pe1formed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incm1·ed is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apait from the ongoing performance of the remainder of this Agreement. 80 -~ TRIPSMl-01 TA' ,r-11,::,TU~ ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE IMM/00/YYYYJ ~ 6/7/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF I NFORMATION ONLY ANO CONFERS NO R IGHTS UPON THE C ERTIFICATE HOLDER. THI S CERTIFICATE DOES NOT AFFI RMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUI NG INSURER(S), AUTHORIZED REPRES ENTATIVE OR PRODUCER, ANO THE CERTIFI CATE HOLDER. IMPORTANT: If the c ertific ate holder is an ADDITIONA L I NSURED, the polic y(ies) must h ave ADDITIONAL I NSURED provisions or b e end orsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may r equire an endorsement. A sta teme nt on this certificate does not c onfe r ri,::ihts to the certificate holder in l ieu o f such endorsement{s). PRODUCER License# OH18131 !illl'l!~CT Trevar Augustus, MUS Momentous Insurance Brokerage, A Marsh & McL ennan Age ncy LLC Company r..::gNJo Ex!): (818) 380-5806 I rffc. Nol:(818) 933-2285 5990 Sepul veda Blvd., #550 Van Nuys, CA 9 1411 ~*l,,AJ1, ••. tre var.augustu s@.mmibi.com INS URER/SI AFFORD ING COVERAG E NAIC# INSURER A: Llo~d's of L ondon Underwriters INSURED INSURER B : Tripopi Smith & A ssocia t e s INSURER C : P.O. Box 52152 INSURERO : Irvine, CA 92619 INSURER E : INSURER F: COVERAGES CERTIFI CATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT TH E POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TH E POLICY PERIOD INDICATED. NOTWITHSTANDING A NY REQUIREMENT, T ERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. TH E INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT T O ALL THE TERMS. EXCLUSIO NS AND CONDITIONS OF SUCH POLICIES. LI MITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AOOL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMI TS TC """" l wvn COMMERCIAL GENERA L LIABILITY EACH OCCURRENCE s -D CLAIMS-MADE □ OCCUR ~t;tbfiM9.~~~. s t--MED EXP /Any one oerson) s t--PERSONAL & ADV INJURY s GENl. AGGRE□E LIMIT AP□S PER GENERAL AGGREGATE s :j POLICY ~rs LOC PROOUCTS . COMP/OP AGG s OTHER s AUTOMOBILE LIABILITY ~O~~~~J?.~INGLE LIMIT s - ANY AUTO BODILY INJURY IPer oerson_l s -OVVNEO r--SCHEDULED AU TOS ONLY AUTOS BOD ILY INJURY (Per a codenll S r-- ~11\'Ws ONLY t-~8ft>'s~'1.~ Fill.'r.[&lJ.,~AMAGE s t--r- s UMBRELLA LIAB H OCCUR EACH OCCURRENCE s -EXCESS LI AB CLAIMS-MADE AGGREGATE s OED I j RETENTIONS s WORKERS COMPENSATION I nff'"" I I ~~H-ANO EMPLOYERS' LIAB ILI TY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE □ N/A E L EACH ACCIDENT s ~m~~~,~~t~ EXCLUDED? E L DISEASE · EA EM PLOYEE S im~~~ ~PERATIONS below E.L. DISEASE· POLICY LIMIT s A ~rrors & Omissi o n s (E&O) W 2 26EE230601 4/1/20 23 4/1/20 24 Eac h L oss/Aggregate ~.000,00013 ,000,000 R e tention/Deductible 2 ,5 0 0 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES {ACORD 10 1, Additiom1I Rem;arks Sch edule, may be attached I f more sp,ce Is required) Re troacti ve Oa tes: Full Pri or Acts fo r 1,000,00 0 Each Loss/ 2,00 0,00 0 Aggregate; °'"'°°'' ,o, ,,oo0,0 00 '" """ o< ,,oo0,000 '"" Coss, ,,000,000 ;, """ 0, >,000,000 A,s,,ga" ~ This i s a c laim s-m ade and rep o rted policy. D ef e n se cos ts and c lai m s expen ses a re paid from the policy limit and su bject t o the re t en ti a mount. A PPROVED AS TO F M . sv·/l CERTIFICATE H OLDER City of Huntington B e ach 2000 Ma in Street Huntington B e a c h , CA 9264 8 ACORD 2 5 (2016/03) ~I CHAEL E . G A TES ,... CANCELLATI ON IT Y AT ,OH, .. i::.T CIT Y OF .. Y lT li-tG SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED B EFORE THE EX PI RATION DA TE THEREOF, NOTICE W ILL BE DELIVE RED IN AC CORDANC E WITH THE POLICY PR OVISIONS. AUTHOR IZED REPRESEN TATIVE ~tL;F=> © 198 8 -201 5 ACORD C ORPORATION. All righ t s r eserve d. The ACORD n a m e and logo are r e g i ste r e d m a rks o f ACORD 81 Form W-9 Request for Taxpayer Give Form to the (Rev. October 2018) Identification Number and Certification requester. Do not Department of the Treaswy send to the IRS. Internal Revenue Service ► Go to www.lrs.gov/FonnW9 for instructions and the latest information. 1 Name (as shown on your Income tax return). Name Is required on this line; do not leave this llne blank. Tripepi, Smith & Associates, Inc. 2 Business name/disregarded entity name, If different from above Trloeni Smith Cl) 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one of the 4 Exemptions (codes apply only to Q) i following seven boxes. certain entitles, not Individuals; see 0. Instructions on page 3): C: D lndivlduaVsole proprietor or D C Corporation 0 S Corporation D Partnership D Trust/estate 0 • a, single-member LLC Exempt payee code (If any) C) C g.2 D Limited liability company. Enter the tax classlflcatlon (C=C corporation, S=S corporation, P=Partnership) ► a. ts !i Note: Check the appropriate box in the line above for the tax classlflcatlon of the slngle-member owner. Do not check Exemption from FATCA reporting CC LLC If the LLC is classified as a single-member LLC that Is disregarded from the owner unless the owner of the LLC is code~fany) 'C-another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that a. u Is disregarded from the owner should check the appropriate box for the tax classlflcation of Its owner. !E u D Other (see Instructions) ► (App/io3 to IICCOUllt3 ffllllntD/nod oulSJdo tho U.S.) Cl) a. 5 Address (number, street, and apt. or suite no.) See Instructions. Requester's name and address (optional) u, m PO Box 52152 (/J 6 City, state, and ZIP code Irvine, CA 92619 7 List account number(s) here (optional) mD Taxpayer Identification Number {TIN) I Social security number I Enter your TIN In_ the app_ro~ri~te box. The TIN provided must match t~e name given on line 1 to avoid backup withholding. For mdiV1duals, this is generally your social security number (SSN). However, for a OJ] DJ I I I I I resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other - - entities, it Is your employer identification number (EIN). If you do not have a number, see How to get a .___._...,_..___, TIN, later. _o_r ____________ ~ Note: If the account is in more than one name, see the Instructions for line 1. Also see What Name and I Employer Identification number Number To Give the Requester for guidelines on whose number to enter. -1642614 Certification Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form Of any) indicating that I am exempt from FATCA reporting ls correct. Certification Instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement ORA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest Information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An Individual or entity (Form W-9 requester) who Is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), Individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer Identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an Information return. Examples of Information returns Include, but are not limited to, the following. • Form 1099-INT Qnterest earned or paid) Cat. No. 10231X Date ► 01/24/2023 • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loan Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.S. person (Including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What Is backup withholding, later. Form W-9 (Rev. 10-2018) 82 PRO FESSION AL SE RVICES CONTRACT B ETWEEN THE C ITY O F HUNT INGT ON BEACH AN D MARKET WORKS. FOR ON -C ALL VID EO SE RVI CES T HIS AGREEMENT ("Agreeme nt") is ma de and entere d into by and bet ween the Ci ty of Hun tingto n Beach , a muni c ip a l corpo ration of t h e St ate of Califo rni a, he r e inafte r referred t o as "CITY," and MA RKE TWORKS., hereinafter referred to as "C ON SULTANT." WHEREAS , C ITY desires to engage the serv ices of a con sul tant t o p rov ide On-Call Video Serv ices for HBTV , C ha nne l 3; a nd Pursuant to docume ntation on fil e in the office o f the City Cle rk, the provi s ions of the Huntington B each Munic ipa l Cod e, Cha pter 3 .0 3, re lating to procure ment of p rofessio nal service contrac t s h ave be en co mpli ed w ith; and CONSU LT ANT has been selected to pe1fo rm these services, N OW, T H EREFORE, it is agreed by C ITY and C ONSULTANT as fo llows : 1. SCOPE OF S E RV ICES C ONSU LTAN T s h all provide all se rv ices as described in Exhibit "A," w hich is attache d he re to and in co rporated in to thi s Ag reem ent by thi s re f ere nce. T hese serv ices shall sometimes he re inafte r be referre d to as the "PROJECT." CON S UL T ANT he re by designa tes M a tt Li ffre in g who s hall rep resent it and be its so le contact an d a gent in a ll cons ultatio ns with C ITY during t he perfo rm ance of thi s Agreem ent. 2 . C ITY STAFF ASS ISTANCE C ITY sha ll a ssign a staff coo rdin ato r t o work d irectl y wi th CONSULT ANT in the pe rform a n ce of th is Ag reem e n t. 23-12926/3 10783 1 of 12 83 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULT ANT are to commence on July 1, 2023 (the "Commencement Date"). This Agreement shall automatically terminate two (2) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than two (2) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULT ANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULT ANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Hundred Thousand Dollars ($100,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULT ANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULT ANT shall be paid pursuant to the terms of Exhibit "B." 23-12926/310783 2 of 12 84 7. DISPOSITION OF VIDEO RECORDINGS, PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULT ANT agrees that title to all materials prepared hereunder, including, without limitation, all original video recordings, drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents or recordings, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. CONSULT ANT may not use, repost on any social media platform, or rebroadcast without CITY consent. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULT ANT's ( or CONSUL TANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULT ANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULT ANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULT ANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULT ANT. 23-12926/310783 3 of 12 85 B. To the extent that CONSULT ANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULT ANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULT ANT. In no event shall the cost to defend charged to CONSULT ANT exceed CONSULT ANT' s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULT ANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULT ANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for 23-12926/310783 4 of12 86 CONSULT ANT' s professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULT ANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULT ANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULT ANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULT ANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULT ANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 23-12926/310783 5 of 12 87 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULT ANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULT ANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULT ANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULT ANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other 23-12926/310783 6 of 12 88 payroll deductions for CONSULT ANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULT ANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULT ANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULT ANT 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 23-12926/310783 7 of 12 89 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 CONSULT ANT 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: City of Huntington Beach ATTN: City Manager 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Marketworks ATTN: Matt Liffreing 20321 Tidepool Ct., #202 Huntington Beach, CA When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23-12926/310783 8 of 12 90 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of 23-12926/310783 9 ofl2 91 the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULT ANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULT ANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULT ANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 23-12926/310783 10 of 12 92 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. 23-12926/310783 11 of 12 93 matt Liffreing IN WITNESS WH ERE Of, the parties hereto have caused thi s Agreement to be executed by and through their authori zed officers. CONSUL TAN T , MARKETWORKS. --~.L;?;L By: __ ~Jao-.... ~---~---- matt Liffreing print name ITS: (circle one) Chain11 a11/Prcsident/Vicc President AND By: _____________ _ print nmn~ C ITY Of HUNTINGTO N BEA CH, a muni cipal corpo rati o n of the State of California ,;;:L ~ ~irector/Chief (l'11rs11a111 7i, /-I !3MC §3. 03.100) APPROVED AS T O fORM: City J\ll o rney JJJ..u ITS: (circle one) Sccre tary/Chid' Financial Olfacr//\ss t. Date Secretary -Treasurer --------------- REC EIV E AND FIL E: City Clerk Date _____________ _ 23-12926/31078 3 12 of 12 94 fN WITNESS WHEREOF, the parties hereto have caused this Agreeme nt to be executed by and through their authori zed office rs. CONSULTANT, MARKETWORKS. By: _____________ _ print name ITS: (c ircle on e) Chai rm an/Pres ide nt/Vi ce Pres ide nt AND By: _____________ _ CITY OF HUNTfNGTON BEACH, a municipa l corpo ration of the State of California Dire ctor/Chie f -------------(Pu rs u an I To HBMC §3.03.1 00) APPROVE D AS TO FORM: C ity Attorney JJ..I.JI print name ITS: (c ircle one) Sec retar y/C h ie f Fin a ncial Offi ce r/ Asst. Date Sec re tary -Treas ur er --------------- 23 -1 2926/310783 12 of 12 RECE IV E AND FILE : City Clerk Date --------------- 95 A. EXHIBIT "A" STATEMENT OF WORK: (Narrative of work to be performed) Provide On-Call Video Services for HBTV Channel 3 B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Videos will include: 1. Livestreaming press conference and events 2. PSAs 3. Documentaries 4. New shows (i.e., cooking shows, children show, senior show) 5. Recording town hall meetings 6. Other as needed C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A 96 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULT ANT'S fees for such services shall be based upon the following hourly rate and cost schedule: HD Shooting -Short and or Long version programming • $65.00 -$100.00 on location/Per Camera -$55 in studio Camera Operator Video Editing • $55.00 -$75.00 Voice Over Talent • $50.00 -$70.00 Closed Caption Capability • $65.00 -$85.00 Animation/Motion Graphics • $65.00 -$85.00 Social Media (Direct record or post edited videos) • No Charge for posting & description from Marketworks' edits • $50.00 Record Live or taped on location • B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen ( 15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULT ANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; 97 D) Include a certification by a principal member of CONSULT ANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULT ANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULT ANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULT ANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 98 ACORDfjlj CERTIFICATE OF LIABILITY INSURANCE I DATE IMMJDDIYYYV) L---" 6/6/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED · REPRESENTATIVE OR-PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITtONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ~il~~CT Nancy Garcia Bowermaster Insurance Brokers f!j~N9,_ Cvl\• 714•733-6230 If~ No\i Patriot~ A Partner Agency !~~!'ls• naarclalci!bowermaster.com 10805 older St Ste 350 Cypress CA 90630 INSURER(Sl AFFORDING COVERAGE NAICO I !rAnj:tA-ff· QMfiRnR7 INSURER A: Sentinel Insurance Companv 11000 INSURED MATTUF-01 INSURER e : Ph!ladelohla lndemnltv Insurance 18058 Matt Llffreing OBA: Marketworks INSURERC: 20321 Tldepool Cir Unit 202 Huntington Beach CA 92646-8545 •. INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 390286596 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ~V REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AOPL SUBR ,:BM%~ ,tID-J%~1 LIMITS LTR "'"'" .Uftln POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY y 72SBAIB4606 8/3/2022 8/3/2023 EACH OCCURRENCE S 1 000,000 -D CLAIMS•MADE 0 OCCUR ~:;~m~~YE~~~nl!a\ -$1,000,000 ,_._ MED EXP (Am, one person) $10,000 .--PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 M POLICY □ rrfr □ LOC PRODUCTS-COMP/OP AGG $2 000,000 OTHER: $ AUTOMOBILE LIABILITY ~~M~.t~,rtNGLE LIMIT $ -:~LL ~ ANYAUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED -AUTOS ONLY -AUTOS BODILY INJURY-(Por ac:ddenl) $ HIRED NON-OWNED rl<:~~JJ!RAMAGE s AUTOS ONLY AUTOS ONLY --MICHAflL E. ~' 1E$ s lJMBRELLALIAB vii y Al 1vn, :wl EACH OCCURRENCE s -HOCCUR ClTV OF HUN'rlNG•ri >NBSACH EXCESSUAB ClAIMS-MADE AGGREGATE s OED I I RETENTION s s WORKERS COMPENSATION I ~f~TUTE I I OTH• AND EMPLOYERS' LIABILITY ER Y/N AAYPROPRIETORIPARTNERIEXECUTIVE □ N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ giiM~cigi~ ~1~PERATIONS belOIY E.L. DISEASE· POLICY LIMIT $ B Profosslonal Uabi&ty PHSD1762242 12/7/2022 12nl2023 Each Clalm & Agg 1,000,000 Deduelll1le 5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Romarko Schodulo, may bo attachod If moro apoco la roqulrod) City of Huntington Beach Is Additional Insured as respects to General Llabllity per attached endorsement rorm. Coverage applies on a Primary and Non-Contributory basis per attached endorsement form. 30 day notice of cancellation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Cii of Huntington Beach, its employees and officers 20 0 Main Street ]:a'"~ Huntington Beach CA 92648 I ©1988-2015 ACORD CORPORATION. AU rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 99 City of Huntington Beach List of Proposals / Responders to the RFP for ON-CALL VIDEO PRODUCTION AND MEDIA SERVICES FOR HUNTINGTON BEACH CHANNEL 3 – HBTV May 2023 1. Dorado Creative 2. Tripepi Smith 3. Marketworks 4. Goal Productions 5. Pegasus Studios 6. Toro Global 7. Dynamic Video 8. Defining Moments 9. Montgomery Media 10. Public Media Group of SoCal 11. Post Media Works 12. TV Pro Gear 100 Proposals to Be Awarded & Primary Contacts Dorado Creative Point of Contact: Brandon Powers Address: 110 Newport Center Drive, Newport Beach, CA 92660 Phone: 626-644-7602 Email: Brandon@doradocreative.com Tripepi Smith Point of Contact: Melanie James Address: PO Box 52152, Irvine, CA 92619 Phone: 949-272-6412 Email: melanie@tripepismith.com Marketworks Point of Contact: Matt Liffreing Address: 20321 Tidepool Ct. #202, Huntington Beach, CA 92646 Phone: 714-293-2120 Email: vidspot4u@gmail.com Goal Productions Point of Contact: Robert Ballo Address: 1905 Victory Blvd., Suite 6 Glendale, CA 91201 Phone: 818-588-3900 Email: rballo@goalproductions.com Pegasus Studios Point of Contact: Robert Schwieger Address: 14275 Peach Hill Rd. Moorpark, CA 93021 Phone: (818) 216-3939 Email: robert@pegstudios.com 101 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-459 MEETING DATE:6/20/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager PREPARED BY:Ashley Wysocki, Acting Director of Community & Library Services Subject: Approve reappointments to the Historic Resources Board (HRB), with terms to expire June 30, 2027, as recommended by City Council Liaisons, Gracey Van Der Mark and Pat Burns Statement of Issue: There is a need to fill three vacancies on the Historic Resources Board. Per the Huntington Beach Municipal Code (HBMC) 2.107.010, the Board is “to consist of not less than seven nor more than nine members, to be appointed to serve terms of four years.” Currently, terms for three Board Members of the HRB will expire on June 30, 2023. The three outgoing Board Members, Susan Nguyen, David Wentworth Sr. and Joseph Santiago, have expressed interest in continuing to serve on the HRB. Financial Impact: Not applicable. Recommended Action: Approve the reappointments of Susan Nguyen, David Wentworth, Sr., and Joseph Santiago for an additional term to the Historic Resources Board, effective July 1, 2023 through June 30, 2027. Alternative Action(s): Do not approve the recommend reappointments and direct staff accordingly. Analysis: The HRB is a maximum nine member advisory body to the City Council with a mission to encourage and promote programs and activities that enhance public awareness of community historic resources. The terms of Susan Nguyen, David Wentworth Sr. and Joseph Santiago expire on June 30, 2023. All three Board Members have requested reappointment to the Historic Resources Board. Attached is the communication received for each Board Member requesting reappointment for an additional term. City Council Liaisons Gracey Van Der Mark and Pat Burns have reviewed and approved the City of Huntington Beach Printed on 6/15/2023Page 1 of 2 powered by Legistar™102 File #:23-459 MEETING DATE:6/20/2023 recommendation for reappointment. 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: Community Engagement Attachment(s): 1. Reappointment letter from Susan Nguyen 2. Reappointment letter from David Wentworth, Sr. 3. Reappointment letter from Joseph Santiago 4. Historic Resources Board Roster - June 2023 City of Huntington Beach Printed on 6/15/2023Page 2 of 2 powered by Legistar™103 Sue Hall Nguyen, PhD 1748 Lake Street Huntington Beach, Ca 92648 Susanchall@gmail.com Huntington Beach City Council City of Huntington Beach 2000 Main Street Huntington Beach, Ca 92648 April 13, 2023 Dear Huntington Beach City Council, My term as a member of the Huntington Beach Historic Resources Board is coming to an end on June 30, 2023. I would like to be considered for renewal of my term, so that I may continue to serve my community. I enjoy acting as the Board ’s Secretary and sharing my love of local historic and historic resources via [elementary] classroom presentations. Thank you for your consideration. Best, Sue Hall Nguyen Secretary, City of Huntington Beach Historic Resources Board 104 Roesner, Michelle From: Sent: To: Subject: Follow Up Flag: Flag Status: Dave Wentworth Sr. <dewentworthsr@aol.com> Monday, April 17, 2023 1 :07 AM Roesner, Michelle Letter to City Council (Copy All) Follow up Flagged April 17, 2023 Huntington Beach City Council, It has been an honor to serve the past 12 years on the Huntington Beach Historic Resources Board. With my current term expiring on June 30, 2023, please consider my request for approval for the next two year term. Thank You. Sincerely, David E. Wentworth Sr. 1 105 From: Sent: To: Subject Hello Michelle joseph sonti ago <91'8phicviolencede1"n@yahocu:om> Tu,sday, May 9, 2023 11:17 PM R~Sl'lt r, M ichell,e Re: Now Term I wou ld be honored to continue my service on the Historic Reso urces Board of Huntington Beach for another t erm . Please convey my s incere wishes to do so to ou r Hun ti ngt on Beach City Council. Thank you Joseph D Santi ago 106 HISTORIC RESOURCES BOARD JUNE 2023 KATHIE SCHEY, CHAIR Term: 7/1/21 – 6/30/25 AMORY HANSON- VICE CHAIR Term: 7/1/21 – 6/30/25 SUSAN NGUYEN Term: 7/1/23 – 6/30/27 JOE SANTIAGO Term: 7/1/23 – 6/30/27 DUANE WENTWORTH Term: 7/1/21 – 6/30/25 DAVID WENTWORTH, SR. Term: 7/1/23 – 6/30/27 MARK ZAMBRANO Term: 7/1/21 – 6/30/25 COUNCIL LIAISONS: Gracey Van Der Mark Pat Burns STAFF LIAISON: Ashley Wysocki Interim Director of Community & Library Services (714) 374-5302 Ashley.Wysocki@surfcity-hb.org Michelle Roesner Senior Administrative Assistant (714) 960-8836 Michelle.Roesner@surfcity-hb.org 107 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-455 MEETING DATE:6/20/2023 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:Joseph Fuentes, Senior Civil Engineer Subject: Accept the lowest responsive and responsible bid, approve appropriations, and authorize execution of a construction contract with All American Asphalt in the amount of $1,559,316 for the Saybrook Lane Rehabilitation Project, CC-1690. Statement of Issue: On May 23, 2023, bids were publicly opened for the Saybrook Lane Rehabilitation Project. City Council action is requested to award the construction contract to All American Asphalt, the lowest responsive and responsible bidder Financial Impact: Total cost for the project, including contingency and supplemental, is estimated at $1,785,000. Funds for this project are available in the current fiscal budget in the Pavement Management Relief Funding (PMRF) 127385201.82300 ($578,011), Measure M Account 21390033.82300 ($1,133,760.27), and the Road Maintenance and Rehabilitation Account (RMRA) Account 124790006.82300 ($73,228.73). Recommended Action: A) Accept the lowest responsive and responsible bid submitted by All American Asphalt in the amount of $1,559,316.00, and; B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, and rebid the project. Analysis: The rehabilitation of Saybrook Lane from Heil Avenue to Edinger Avenue will provide localized base asphalt repairs, an asphalt overlay for the entire street consisting of 2-inches of rubberized asphalt City of Huntington Beach Printed on 6/15/2023Page 1 of 2 powered by Legistar™108 File #:23-455 MEETING DATE:6/20/2023 asphalt repairs, an asphalt overlay for the entire street consisting of 2-inches of rubberized asphalt concrete (RAC), manholes, monitoring wells, survey monuments, and water valve assemblies that will be adjusted to the new finished surface; traffic loops, and striping improvements; and limited replacement of concrete curb, gutter, sidewalk, driveway approaches, access ramps, and trees. The Saybrook Lane street segment has an existing Pavement Condition Index (PCI) ranging from 39 (Very Poor) to 57 (Poor) and warrants rehabilitation now to avoid considerable higher reconstruction costs. This project uses a sustainable paving material, RAC, which contains crumb rubber derived from 100% California waste tire rubber. A 2-inch layer of RAC includes over 2,000 waste tires per lane mile. This project will divert approximately 20,000 waste tires that would otherwise end up in a landfill. Including this project, the use of RAC in the rehabilitation of the City’s arterial streets has resulted in the diversion of almost 400,000 waste tires. Reimbursement from the CalRecycle RAC grant in the amount of $42,000 is anticipated upon project completion. The project is scheduled to start construction in July 2023 and should be completed within 40 working days. Bids were opened on May 23, 2023, with the following results: BIDDER'S NAME BID AMOUNT All American Asphalt $1,559,316.00 R.J Noble Company $1,656,354.00 Hardy & Harper, Inc.$2,098,841.00 Staff recommends awarding a contract to All American Asphalt in the amount of $1,559,316. All American Asphalt has successfully completed similar arterial construction projects in the City. The total project cost is estimated to be $1,785,000, which includes the construction contract, construction contingency, inspection, and supplemental services (inspection, labor compliance monitoring, and construction geotechnical testing.) Public Works Commission Action: The Public Works Commission reviewed the project on April 19, 2023 and approved the project with a vote of (7 Ayes - 0 Noes). Environmental Status: Caltrans NEPA determination has determined no significant impacts on the environment and is categorically excluded from the requirements under Section 23 CFR 771 activity (c) (26). Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Vicinity Map 2. PowerPoint Presentation City of Huntington Beach Printed on 6/15/2023Page 2 of 2 powered by Legistar™109 ~ BOLSA (3 Mc FADDEN PACIFIC AVE f-'. (/) AVE. EDING R AVE. TALBERT AVE. ELLIS AVE. YORKTOWN ~ 0 z NTS AVE. f-'. f-'. (/) (/) AVE. :5 ADAMS AVE. PROJECT LOCATION CD SAYBROOK (EDINGER -HEIL) LEGEND ARTERIAL STREET LOCATIONS OCEAN FY 21-22 ARTERIAL REHABILITATION, CC-1690 PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS REV 6/6/22 1 OF 1 110 Saybrook Lane Rehabilitation Project 2022/23 June 20, 2023 111 BACKGROUND • Approximately one half-mile of construction on Saybrook Lane from Edinger Avenue to Heil Avenue • Public Bid Opening held on May 23, 2023 PROJECT LOCAT ION CD SAYBROOK (EDI NGER -HEIL) LE GEND ARTERIAL STR EIT LOCATIONS OCEAN REV 6/6/22 112 • New asphalt overlay required to existing pavement for extending life of street • Replace damaged and uneven concrete • Landscape enhancement with tree replacement • Drainage improvements • Striping and signage improvements • Utility adjustments and cover replacements NEEDS/WHY/BENEFITS 113 FUNDING • Arterial CIP Funding $1,559,316 • Road Maintenance and Rehabilitation Account (RMRA) $73,228.73 • Pavement Management Relief Fund (PMRF) $578,011 • Measure M Account $1,133,760.27 114 SCHEDULE • Construction to commence in Summer 2023 • Construction to finalize in Fall 2023 115 RECOMMENDATION • Accept the lowest responsive and responsible bid submitted by All American Asphalt in the amount of $1,559,316 • Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. 116 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-467 MEETING DATE:6/20/2023 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 Tanio, Principal Civil Engineer Subject: Approve and authorize execution of a Cooperative Agreement with the Orange County Flood Control District for the East Garden Grove-Wintersburg Channel Flood Wall Improvements at Warner Avenue, Springdale Street, and Edwards Street Bridges Statement of Issue: Approval of an agreement is requested between the City of Huntington Beach (City) and the Orange County Flood Control District (OCFCD) to clarify roles and responsibilities as they related to the East Garden Grove-Wintersburg Channel Flood Wall Improvements project. OCFCD, as the lead agency submitted a Cooperative Agreement to the City, specifying funding, construction, and maintenance commitments between both agencies. Financial Impact: None. OCFCD is responsible for funding 100% of improvements related to the construction of the bridge flood walls in accordance with the contract documents. The City is currently responsible for maintenance and operation of the bridges. When OCFCD completes the project, the City will continue to be responsible for any post-construction maintenance within City right-of-way. Therefore, no additional costs are anticipated. Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Cooperative Agreement Between Orange County Flood Control District and City of Huntington Beach for Funding, Construction, and Maintenance of the East Garden Grove-Wintersburg Channel (C05) Bridges at Warner Avenue, Springdale Street, and Edwards Street Improvements Project.” Alternative Action(s): Deny approval of the Cooperative Agreement, which would result in stalling the project. Analysis: City of Huntington Beach Printed on 6/15/2023Page 1 of 2 powered by Legistar™117 File #:23-467 MEETING DATE:6/20/2023 In April 2023, OCFCD completed flood control improvements at the East Garden Grove-Wintersburg Channel (EGGWC). These improvements included widening the channel from Warner Avenue to 1,200 feet downstream of Goldenwest Street to increase the channel capacity and fortify the levees. Improvements at the Warner Avenue, Springdale Street, and Edwards Street bridge crossings were excluded from this work due to additional coordination and technical studies. As a result, OCFCD identified these bridges do not meet Federal Emergency Management Agency freeboard requirements, which is the minimum clearance between the bridge structure’s lowest elevation and the highest design flood water elevation in the channel. Flood walls are therefore required to meet the minimum freeboard to prevent overtopping of any embankment and provide a safety factor to protect homes. OCFCD has completed the contract documents in order to build these needed improvements. OCFCD has prepared a Cooperative Agreement for this project, and the agreement specifies the responsibilities for each agency during the construction and post-construction phase. Currently the City is responsible for operation and maintenance of these bridges. During construction, OCFCD will be responsible for all funding, inspections, project management, and all incidentals related to completing construction of this project. Once construction is completed and accepted by the City and OCFCD, the City will reassume responsibility for operation and maintenance. Construction is expected to start in fall 2023 and anticipated to be complete by summer 2025. CIAB/Public Works Commission Action: None required for this action. Environmental Status: The project lead is the OCFCD, and they have obtained all environmental approvals prior to the start of the project. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Cooperative Agreement Between Orange County Flood Control District and City of Huntington Beach for Funding, Construction, and Maintenance of the East Garden Grove-Wintersburg Channel (C05) Bridges at Warner Avenue, Springdale Street, and Edwards Street Improvements Project 2. PowerPoint Cooperative Agreement with OCFCD 2023-06-20 City of Huntington Beach Printed on 6/15/2023Page 2 of 2 powered by Legistar™118 Agreement MA-080-23011516 1 COOPERATIVE AGREEMENT BETWEEN ORANGE COUNTY FLOOD CONTROL DISTRICT AND CITY OF HUNTINGTON BEACH FOR FUNDING, CONSTRUCTION, AND MAINTENANCE OF THE EAST GARDEN GROVE- WINTERSBURG CHANNEL (C05) BRIDGES AT WARNER AVENUE, SPRINGDALE STREET AND EDWARDS STREET IMPROVEMENTS PROJECT This Cooperative Agreement (“Agreement”) is made and entered into this _________day of __________________ 2023 (“Agreement”), by and between the ORANGE COUNTY FLOOD CONTROL DISTRICT (“DISTRICT”), a body corporate and politic, and the CITY OF HUNTINGTON BEACH (“CITY”), a municipal corporation in the State of California. The DISTRICT and CITY shall sometimes be referred to separately as a “PARTY” and collectively as the “PARTIES”. RECITALS A. In April 2023, the DISTRICT completed flood control improvements along a certain segment of DISTRICT’s regional flood facility commonly referred to as East Garden Grove-Wintersburg Channel, Facility Number C05 (“CHANNEL”). The completed improvements included CHANNEL widening from upstream of Warner Avenue to 1,200 feet downstream of Goldenwest Street to increase the channel capacity and fortify the levees, as shown on Exhibit A, which is attached to and made part of this Agreement. B. The DISTRICT has proactively programmed a series of flood control improvement projects from Pacific Coast Highway to the San Diego Freeway, Interstate 405, that are integral with the United States Army Corps of Engineers’ Westminster Watershed Flood Risk Management Project which seeks to remove the surrounding Huntington Beach area out of the existing floodplain. C. The completed CHANNEL improvements excluded the three (3) CITY-owned and maintained bridge crossings at Warner Avenue, Springdale Street and Edwards Street (“BRIDGES”), as additional coordination and technical studies with the City were needed for flood control improvements to these BRIDGES. D. The DISTRICT identified that the BRIDGES do not meet Federal Emergency Management Agency freeboard requirements and therefore require flood walls. The proposed Project that is the subject of this Agreement consists of installing flood walls on both the upstream and downstream ends of the BRIDGES and replacing the superstructures to be compatible with the recently constructed CHANNEL improvements to provide 1% annual chance of exceedance flood protection. E. The BRIDGES are structurally in good condition according to Caltrans Bridge Inspection Reports and technical studies performed by DISTRICT’s Project Engineer. As such, the proposed Project is addressing only the hydraulic deficiencies. 119 Agreement MA-080-23011516 2 F. DISTRICT has prepared the Plans, Specifications, and Estimate (PS&E) for the Project and the CITY has proactively reviewed the PS&E during the development stage. The PS&E is substantially complete. G. The CITY supports the Project and the DISTRICT shall obtain approval of the PS&E prior to any work proposed to be made in accordance with California Public Contract Code 21020. H. The CITY desires to cooperate with the DISTRICT in implementing the Project and maintaining ownership and maintenance of the BRIDGES upon Project completion. I. The CITY has determined that the Project conforms to the City’s General Plan. J. For the purpose of this Agreement, the Project shall encompass the construction phase and post-construction phase. The construction phase shall begin with issuance of a Notice to Proceed to the DISTRICT’s Contractor and end with Project close-out when the DISTRICT completes construction of the Project and files a Notice of Completion (NOC). The post-construction of the Project shall be the responsibility of the CITY after the filing of the NOC. K. The PARTIES desire to outline their respective responsibilities with respect to the implementation of the Project and after the Project is completed. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual covenants and conditions contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the PARTIES agree as follows: 1. Construction Phase Obligations a. Project Engineer. DISTRICT is hereby designated as Project Engineer (“ENGINEER”) and shall be responsible for any approvals, permissions, or notices required pursuant to the construction contract documents. Construction contract documents include, but are not limited to, Project plans, specifications, and estimates (“PS&E”). The DISTRICT shall be responsible for executing and delivering all documents required in connection with the construction of Project including as-built plans and drawings (“as-builts”). b. Project Contractor. Upon written approval by the City of the final Project PS&E, the DISTRICT shall perform all administrative work required for negotiating and executing the construction contract with the DISTRICT’s Contractor 120 Agreement MA-080-23011516 3 (“CONTRACTOR”). CONTRACTOR shall perform all work as required by, and in strict accordance with, the construction contract documents, which consists of removing the existing decks and barriers and replacing them with voided precast girder units with a polyester overlay and new sidewalk and barrier that connects to the flood walls at the Edwards Street Bridge, Springdale Street Bridge and Warner Avenue Bridge. The DISTRICT shall require CONTRACTOR to identify the CITY as an additional insured on CONTRACTOR’s required insurance policy(ies) with coverage to the satisfaction of the CITY. c. Project Construction. The DISTRICT shall be responsible for funding one hundred percent (100%) of the construction of all Project-related funding obligations to construct the Project in accordance with the construction contract documents. d. Project Inspection. The DISTRICT shall have primary inspection responsibility to ensure the constructed Project and all components thereof conform to the approved PS&E. The DISTRICT shall require the CONTRACTOR to obtain any and all necessary permits for the Project, including encroachment permits from the CITY. The DISTRICT will invite the CITY to attend the pre-construction meeting prior to the start of the construction activity. The DISTRICT will hold the pre-construction conference at the Project site or nearby field office. The DISTRICT will notify the CITY no less than fourteen calendar days prior to the start of construction. The CITY shall provide a Project liaison (“CITY ENGINEER”) during construction to coordinate with DISTRICT representatives. As required by the CITY encroachment permits, CITY shall regularly inspect the PROJECT within their jurisdiction and communicate with the DISTICT’s Project Manager and DISTRICT’s Construction Inspector. Furthermore, the CITY will be invited to and included in all construction progress/scheduling meetings conducted for the Project. Should the CITY deem any remedial work to be necessary, consistent with the construction contract documents, at the conclusion of construction for the Project or any component thereof the CITY shall notify the DISTRICT and specifically describe the needed corrections and the proposed remedial work. All communications with the CONTRACTOR shall be through the DISTRICT, unless immediate action is necessary to address safety related concerns. e. Construction Contingencies. The DISTRICT shall review and approve any usage of CONTRACTOR or DISTRICT contingencies necessary for construction of the Project and in accordance with the construction contract documents. However, should CITY request additional work beyond that approved by the PARTIES in the PS&E, and the additional work results in contingency usage, CITY shall be responsible for funding one hundred percent (100%) of costs associated with the CITY-initiated contingency usage for work in excess of that approved in the PS&E. 121 Agreement MA-080-23011516 4 f. Project Acceptance. Prior to the DISTRICT’s acceptance of Project improvements and filing of a Notice of Completion, the CITY ENGINEER shall review and provide written approval of all Project work. The CITY ENGINEER’s written approval shall only be withheld for work not completed in accordance with the construction contract documents for the Project. The DISTRICT shall furnish the CITY with an electronic copy of record drawings for the completed Project and an electronic copy of the filed Notice of Completion. g. Warranties. DISTRICT shall require CONTRACTOR to provide and assign all warranties, maintenance manuals, and material safety data sheets for the Project. Once received, the DISTRICT shall forward the received warranties, maintenance manuals, and material safety data sheets to the CITY prior to filing NOC. 2. Post-Construction Phase Obligations a. Notice of Completion. When the DISTRICT completes the Project and issues a copy of the Notice of Completion to the CITY, the CITY’s post-construction funding obligations shall begin, at which point the CITY shall assume ownership of the completed Project within CITY permitted easements and right-of-way. b. Post-Construction Maintenance. Upon CITY ENGINEER’s written approval and DISTRICT’S acceptance of the Project, CITY shall assume ownership, and operation and maintenance obligations for all Project improvements within CITY permitted easements and right-of-way. 3. Miscellaneous Obligations a. Indemnification & Hold Harmless. The Parties shall indemnify, defend with counsel approved in writing, save and hold each of their elected officials, officers, directors, agents and employees harmless from any and all claims, injuries, liabilities, actions, damages, losses or expenses, of every type and description to which they may be subjected arising out of any act or omission of, their employees, representatives, agents and independent contractors in connection with the implementation of the actions described in this Agreement. The Parties’ duties and obligations under this paragraph shall survive termination or expiration of this Agreement. b. Assignment. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. No assignment of either Party’s interest in this Agreement shall be made without the written consent of the other Party. c. Entirety; Amendments. This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein. No 122 Agreement MA-080-23011516 5 alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties; and no oral understanding or agreement not incorporated herein shall be binding on either of the Parties. d. Severability. If any part of this Agreement is held, determined, or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent possible. e. Notices. Notices or other communications which may be required or provided under the terms of this Agreement shall be given as follows: CITY: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: Tom Herbel, City Engineer Email: Tom.Herbel@surfcity-hb.org DISTRICT: Orange County Flood Control District OC Public Works 601 N. Ross Street Santa Ana, CA 92701 Attention: Kevin Onuma, Chief Engineer Email: Kevin.Onuma@ocpw.ocgov.com All notices shall be in writing and deemed effective when delivered via email, in person, or deposited in the United States mail, first class, postage prepaid and addressed as above. Notwithstanding the above, the Parties may also provide notices by facsimile transmittal, and any such notice so given shall be deemed to have been given upon receipt during normal business hours or, in the event of receipt after business hours, on the following business day. Any notices, correspondence, reports and/or statements authorized or required by this Agreement, addressed in any other fashion shall be deemed not given. f. Attorney’s Fees. In any action or proceeding to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense, the Parties shall bear their own attorney’s fees, costs and expenses. g. Governing Law & Venue. This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. 123 Agreement MA-080-23011516 6 h. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single instrument. i. Termination. In the event DISTRICT or CITY defaults in the performance of any of their obligations under this Agreement or materially breaches any of the provisions of this Agreement, CITY and DISTRICT shall have the option to terminate this Agreement upon thirty (30) days’ prior written notice to the other Party. In the event CITY or DISTRICT cures such default within the thirty (30) day notice period, CITY and DISTRICT’s election to terminate shall be deemed revoked and of no further force and effect as to that particular default. Any Party’s failure to enforce this Agreement as to one instance of breach shall not constitute a waiver of any Party’s ability to enforce this Agreement as to any future breaches or noncompliance. a. Availability of Funds. This Agreement is subject to the availability of funds appropriated for this purpose, and nothing herein shall be construed as obligating the Parties to expend or as involving the Parties in any contract or other obligation for future payment of money in excess of appropriations authorized by law. 124 Agreement MA-080-23011516 7 IN WITNESS WHEREOF, the PARTIES have executed this Agreement the day and year first above written. CITY OF HUNTINGTON BEACH, a municipal corporation Date: _________________________ By: ___________________________________ Tony Strickland, Mayor ATTEST: APPROVED AS TO FORM: ______________________________ By: ___________________________________ Robin Estanislau, City Clerk Michael E. Gates, City Attorney ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic Date: __________________________ By: ____________________________ Chairman, Board of Supervisors County of Orange, California SIGNED AND CERTIFIED THAT A APPROVED AS TO FORM: COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD OF SUPERVISORS PER GC § 25103, RESO. 79-1535 By: ______________________________ By: _____________________________ Robin Stieler Deputy County Counsel Clerk of the Board of Supervisors County of Orange, California County of Orange, California 125 Agreement Between the City of Huntington Beach and the and Orange County Flood Control District (OCFCD) for Funding, Construction, and Maintenance of the East Garden Grove- Wintersburg Channel (C05) Bridges at Warner Ave., Springdale St., and Edwards St. Public Works Department June 20, 2023 126 BACKGROUND • Project Area: East Garden Grove-Wintersburg Channel (C05) bridges at Warner Ave., Springdale St., and Edwards St. • Orange County Flood Control District (OCFD) previously installed sheet piles along the C05 channel from Warner Avenue to 1,200 feet downstream of Goldenwest Street to increase channel capacity but did not address bridge locations. • OCFCD identified these bridge locations do not meet Federal Emergency Management Agency (FEMA) freeboard requirements. Flood walls are required in order to provide the required freeboard. 127 NEED/WHY/BENEFITS • Flood Protection • Installing flood walls will meet FEMA freeboard requirements • Improving bridge deck will resist upward water forces Existing Flood Wall Rendering 128 DETAILS • Construction expected to commence Fall 2024 • Expected completion date: Fall 2025 • City Costs: No Financial Impact • OCFCD Project Costs - $19M • A Cooperative Agreement specifies the responsibilities for each agency during construction and post-construction phases. OCFCD will be responsible for all construction related activities and City will assume responsibility for operation and maintenance once construction is completed. 129 RECOMMENDATION Approve and authorize the Mayor and City Clerk to execute “Cooperative Agreement Between the City of Huntington Beach and Orange County Flood Control District for Funding, Construction, and Maintenance of the East Garden Grove-Wintersburg Channel (C05) Bridges at Warner Avenue, Springdale Street, and Edwards Street Improvements Project” 130 Questions? 131 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-478 MEETING DATE:6/20/2023 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 $308,008, for the construction of a traffic control signal at the Heil Avenue Fire Station (5891 Heil Avenue)(CC-1673) Statement of Issue: On May 8, 2023, bids were opened for the installation of a traffic control signal at the Heil Avenue Fire Station. 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 cost estimate for this project is $364,600, including construction contingency and contract administration. Funds for the project in the amount of $295,773 are budgeted in the Traffic Impact Fee business unit 20690020. Staff is requesting that City Council appropriate the remaining project amount of $68,827 from the undesignated Traffic Impact Fee fund balance to complete this project. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Elecnor Belco Electric, Inc., in the amount of $308,008; B) Appropriate $68,827 of undesignated Traffic Impact Fee balance to Traffic Impact Fee account 20690020.82700; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, and provide staff with alternative direction. City of Huntington Beach Printed on 6/15/2023Page 1 of 3 powered by Legistar™132 File #:23-478 MEETING DATE:6/20/2023 Analysis: The Heil Avenue Fire Station driveway (5891 Heil Avenue) was identified in the Fiscal Year 2022/2023 Capital Improvement Program (CIP) for signalization in order to improve the ingress to and egress from the fire station for Fire Department vehicles. The signal will be a hybrid beacon, which will have two red indications and one yellow indication for each signal head facing traffic on Heil Avenue. When activated by Fire Department personnel, the signal will start flashing yellow on Heil Avenue as a warning to motorists followed by a steady yellow indication and finally a steady red indication. It is during the steady red indication that the Fire Department vehicles can egress the fire station and enter Heil Avenue. Outside of activations by Fire Department personnel, the signal will be dark. This project will also include modifications to the driveway approach to comply with current accessibility requirements. 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.$308,008.00 2 California Professional Engineering, Inc.$313,900.88 3 Crosstown Electrical and Data, Inc.$324,486.00 4 Select Electric, Inc.$325,935.00 5 Baker Electric, Inc.$357,300.00 6 DBX, Inc.$384,034.00 The total cost of this project is $380,000 as outlined below: Bid $308,008.00 10% Construction Contingency $ 30,800.00 Construction Administration $ 25,792.00 TOTAL $364,600.00 Staff is requesting that the Director of Public Works be given authorization to approve change orders on this project up to 10 percent of the construction bid, which is standard for most projects. 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 6/15/2023Page 2 of 3 powered by Legistar™133 File #:23-478 MEETING DATE:6/20/2023 Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Location Map 2. PowerPoint Presentation City of Huntington Beach Printed on 6/15/2023Page 3 of 3 powered by Legistar™134 l r NTS PACIFIC AVE. <( f-.'. f-.'. f-.'. (/) (/) (/) ~ Mc FADDEN () TALBERT ELLIS AVE. AVE. f-.'. (/) YORKTOWN ADAMS PROJECT LOCATION f-.'. f-.'. (/) (/) AVE. INDIANAPOLIS <( 0 OCEAN 0 ::J ATLANTA~ 0 a::: <( z I _J c., 3: (/) w <( ::) z :::i: CD HAM LTON CITY OF HUNTINGTON BEACH LOCATION MAP f-.'. (/) AVE. I- (/) a::: ::) AVE. I :::.::: 0 0 a::: AVE. CD FIRE SIGNAL INSTALLATION HEIL AVENUE FIRE STATION AVE. ATTACHMENT 1 135 Fire Station Signal Heil Avenue Fire Station 6/20/2023 136 Project Scope •Fire signal will be installed to stop traffic on Heil Avenue to allow for ingress and egress to and from the fire station • Activated by Fire Department personnel • Hybrid beacon, blank when not under activation •Driveway approach accessibility modifications 137 Hybrid Beacon Operation California MlJfCD 2014 Edition Page 977 (FHWA's MUTCD 2009 Edition, including Revision s 1 & 2 , as amended for use in Californi a) Figure 4G-1. Sequence for an Emergency-Vehicle Hybrid Beacon 1. Dark Unti l Activated 2. Flashing Yellow Upon Activation FR ■ R R ■ FR ■Y ■Y 4 . Alternating Fl ashing Red Du ri ng Egress of the Emergency Vehicle(s) 3. Steady Yellow 5. Dark Again Until Activated Legend SY Steady yellow FY Flashing yellow FR Flashing red Note: An option al steady red clearance interval may be used after Interval 3 and before Interval 4. 138 Project Budget •Construction Cost Estimate • Contractor’s Bid $308,008 • 10% Contingency $ 30,800 • Construction Administration $ 25,792 • TOTAL $364,600 •Project Funding • Traffic Impact Fee 139 Project Location 140 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-482 MEETING DATE:6/20/2023 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:Jonathan Claudio, Senior Civil Engineer Subject: Adopt Resolution No. 2023-22 concerning the status and update of the Local Signal Synchronization Plan (LSSP) for the Measure M2 Program; adopt Resolution No. 2023-29 concerning the status and update of the Circulation Element and Mitigation Fee Program for the Measure M2 Program; and adopt a 7-Year Capital Improvement Program for the Fiscal Years 2023/24 through 2029/30 for compliance with the renewed Measure M eligibility requirements Statement of Issue: In order to remain eligible to receive Measure M2 Program funding, the City must adopt a resolution informing the Orange County Transportation Authority (OCTA) that the City’s Local Signal Synchronization Plan (LSSP) update has been approved by the City; adopt a resolution informing OCTA that the City’s Circulation Element is in conformance with the Master Plan of Arterial Highways (MPAH) and reaffirm concurrence with the City’s existing Mitigation Fee Program; and submit to OCTA an adopted 7-year Capital Improvement Program in compliance with the renewed Measure M eligibility requirements. Financial Impact: No additional funding is required for this action. The annual Measure M2 local fair share allocation in Fiscal Year 2023/24 is approximately $4.2 million for the City. Recommended Action: A) Adopt Resolution No. 2023-22, “A Resolution of the City Council of the City of Huntington Beach Concerning the Update of the Local Signal Synchronization Plan for the Measure M (M2) Program”; B) Adopt Resolution No. 2023-29, “A Resolution of the City Council of the City of Huntington Beach Concerning the Status and Update of the Circulation Element,and Mitigation Fee Program for the Measure M (M2) Program”; and C) Adopt the 7-year Capital Improvement Program (Fiscal Years 2023/24 through 2029/30) includedCity of Huntington Beach Printed on 6/15/2023Page 1 of 4 powered by Legistar™141 File #:23-482 MEETING DATE:6/20/2023 C) Adopt the 7-year Capital Improvement Program (Fiscal Years 2023/24 through 2029/30) included as Attachment #4 for compliance with the renewed Measure M eligibility requirements. Alternative Action(s): Do not adopt Resolution Nos. 2023-22 and 2023-29 and/or the attached 7-year Capital Improvement Program for Measure M eligibility, and provide staff with alternate direction. This action would result in the loss of $4.2 million for the next fiscal year and the loss of allocated and potential grant funding for traffic and street improvement projects. Analysis: On November 6, 1990 the Orange County voters approved the original Measure M, the revised Traffic Improvement and Growth Management Ordinance, for twenty years (1991-2011). On November 7, 2006 the Orange County voters approved the Renewed Measure M. The Renewed Measure M is a thirty year (2011-2041), multi-billion dollar program extension of the original Measure M. Renewed Measure M net revenues are generated from the transactions and use tax plus any interest or other earnings (after allowable deductions). Net revenues may be allocated to local jurisdictions for a variety of programs identified in Ordinance No. 3 (Attachment #7). Compliance with the eligibility requirements established in Ordinance No. 3 must be established and maintained in order for local jurisdictions to receive Measure M net revenues. The City is required to adopt a resolution every three years to update the LSSP to maintain compliance with the requirements of Measure M. The City is also required to adopt a resolution biennially, informing OCTA that the City’s Circulation Element is in conformance with the MPAH, and whether any changes to any arterial highways of the Circulation Element have been adopted by the City. The City must also reaffirm every two years that it concurs with the existing mitigation fee program. Additionally, the City must adopt a 7-year CIP for the Fiscal Years 2023/24 through 2029/30, in compliance with the Renewed Measure M eligibility requirements. The 7-year CIP (Attachment #4) identifies all projects currently and potentially funded by OCTA Measure M2 funds. These items are described in greater detail below. Local Signal Synchronization Plan (LSSP) The LSSP describes the traffic signal synchronization occurring within the City. This includes a description of current operations, improvements that have been implemented since the previous update in 2020, and the plans for improvements over the next three years. Inter-jurisdictional planning of traffic signal synchronization and communications is also a component of the LSSP. The attached Resolution No. 2023-22 (Attachment #1) confirms that the City's LSSP is consistent with the requirements of the OCTA Regional Traffic Signal Synchronization Master Plan as they apply to local agencies. Circulation Element / MPAH Consistency The Circulation Element is one component of the City’s General Plan that depicts a planned multi- modal network and related policies (Attachment #6). The City's Circulation Element defines the minimum planned lane configurations for major roads and shall be consistent with the OCTA MPAH, which defines the minimum planned lane configurations for major regionally significant roads in Orange County. City of Huntington Beach Printed on 6/15/2023Page 2 of 4 powered by Legistar™142 File #:23-482 MEETING DATE:6/20/2023 Mitigation Fee Program The Mitigation Fee Program is a locally established fee program which assess fees used to mitigate effects of new development on transportation infrastructure. Appropriate mitigation measures, including payment of fees, construction of improvements, or any combination thereof, will be determined through an established and documented process by the City. The City previously adopted Resolution No. 2012-23 establishing new and revised mitigation fees (Attachment #3). Additionally, Resolution No. 2023-29 allows the City to meet annual eligibility requirements to receive M2 Net Revenues (Attachment #2). 7-Year Capital Improvement Plan (CIP) For Measure M compliance, the City must adopt a 7-Year CIP for the Fiscal Years 2023/24 through 2029/30. The 7-Year CIP (Attachment #4) identifies all projects currently and potentially funded by OCTA Measure M2 funds. The following projects are identified in Attachment #4: 1. Arterial Rehabilitation FY 2023 (Magnolia, Hamilton, Orange, Talbert, Banning , Heil, Garfield, Edinger) 2. Bridge Preventive Maintenance 3. Bridge Rehabilitation Projects 4. City-Funded Bridge Maintenance Projects 5. Citywide Concrete Replacements 6. Edinger Avenue Synchronization 7. Fire Station Signal - Murdy Fire Station 8. General Street Maintenance for Public Works 9. Huntington Beach Catch Basin Retrofit Project 10.Huntington Beach Northwest Catch Basin Retrofit Project 11.Huntington Beach Trash Removal Project Phase II - Atlanta Pump Station Retrofit 12.Magnolia Street Synchronization 13.Residential Curb Ramp Project 14.Residential Overlay - Maintenance Zone 1 15.TS Synchronization - Bolsa 16.TS Synchronization - Bolsa Chica 17.Talbert Avenue Synchronization 18.Traffic Signal Modification - Main and Delaware 19.Traffic Signal Modification - Warner and Ash 20.Warner Avenue Synchronization Public Works Commission Action: Not required for this action. Environmental Status: Not applicable for this action. City of Huntington Beach Printed on 6/15/2023Page 3 of 4 powered by Legistar™143 File #:23-482 MEETING DATE:6/20/2023 Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Resolution No. 2023-22 “A Resolution of the City Council of the City of Huntington Beach Concerning the Update of the Local Signal Synchronization Plan for the Measure M (M2) Program” 2. Resolution No. 2023-29 “A Resolution of the City Council of the City of Huntington Beach Concerning the Status and Update of the Circulation Element, and Mitigation Fee Program for the Measure M (M2) Program” 3. Resolution No. 2012-23 4. Measure M 7-year Capital Improvement Program (FY 2023/24 through 2029/30) 5. Local Signal Synchronization Plan 6. Huntington Beach Circulation Element 7. OCTA Ordinance No. 3 8. PowerPoint Presentation City of Huntington Beach Printed on 6/15/2023Page 4 of 4 powered by Legistar™144 RESOLUTION NO. 2023-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONCERNING THE UPDATE OF THE LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE MEASURE M (M2) PROGRAM WHEREAS, the Orange County Transportation Authority has developed the Regional Traffic Signal Synchronization Master plan to identify traffic signal synchronization street routes and traffic signals within and across jurisdictional boundaries; and defines the meaning of implementing the Regional Traffic Signal Synchronization Program; and WHEREAS, the Regional Traffic Signal Synchronization Program requires that local agencies adopt a Local Signal Synchronization Plan consistent with the Regional Traffic Signal Synchronization Mater Plan as a key component of the local agencies' efforts to synchronize traffic signals across local agencies' boundaries; and WHEREAS, the Local Signal Synchronization Plan must be updated by June 30, 2023 to continue to be eligible to receive Net Revenues as part of Measure M2; and NOW THEREFORE, the City Council of the City of Huntington Beach does hereby inform OCTA that: (a) The City adopts and maintains a Local Signal Synchronization Plan which includes goals that are consistent with those outlined as part of the Regional Signal Synchronization Master Plan, including signal synchronization across jurisdictions. (b) The Local Signal Synchronization Plan identifies traffic signal synchronization street routes, including all elements of the Regional Signal Synchronization Network located within the City. ( c) The Local Signal Synchronization Plan includes the traffic signal inventory for all traffic signal synchronization street routes. ( d) The Local Signal Synchronization Plan includes a three-year plan showing capital, operations, and maintenance of signal synchronization along the traffic signal synchronization street routes and traffic signals. ( e) The Local Signal Synchronization Plan includes an update on the status and the performance of traffic signal synchronization activities. (f) The Local Signal Synchronization Plan includes a discussion on the review and revision, as may be necessary, on the timing of traffic signals on the traffic signal synchronization street routes. 20-8597 /228530 I 145 Resolution No. 2023-22 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of __________ , 2023. Mayor REVIEWED AND APPROVED: City Manager ITIATED AND APPROVED: Dire~ 23-12790/308255 2 146 RESOLUTION NO. 2023-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONCERNING THE STATUS AND UPDATE OF THE CIRCULATION ELEMENT, AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM WHEREAS, the City of Huntington Beach desires to maintain and improve the streets within its jurisdiction, including those arterials contained in the Master Plan of Arterial Highways (MPAH); and The City of Huntington Beach has endorsed a definition of and process of, determining consistency of the City's Traffic Circulation Plan with the MP AH; and The City of Huntington Beach has adopted a General Plan Circulation Element which does not preclude implementation of the MP AH within its jurisdiction; and The City of Huntington Beach is required to adopt a Resolution biennially informing the Orange County Transportation Authority (OCTA) that the City's Circulation Element is in conformance with the MP AH and whether any changes to any aiierial highways of said Circulation Element have been adopted by the City during Fiscal Years (FY) 2021-22 and FY 2022-23; and The City of Huntington Beach is required to send biennially to the OCT A all recommended changes to the City Circulation Element and the MPAH for the purposes ofre-qualifying for participation in the Comprehensive Transportation Funding Prograins; and The City of Huntington Beach is required to adopt a Resolution biennially certifying that the City has an existing Mitigation Fee Program that assesses traffic impacts of new development and requires new development to pay a fair share of necessary transportation improvements attributable to the new development; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Beach does hereby inform OCTA that: a) The aiierial highway portion of the Circulation Element of the City is in conformance with the MP AH. b) The City attests that no unilateral reduction in through lanes has been made on any MP AH arterials during FY 2021-22 and FY 2022-23. c) The City affirms that it will bring forward requests to amend the MP AH, when necessary, in order to ensure that the MPAH and the General Plan Circulation Element remains consistent 23-12824/308766 147 Resolution No. 2023-29 d) The City reaffirms that the existing Mitigation Fee Program is in effect. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of __________ , 2023. Mayor APPROVED AS TO FORM: REVIEWED AND APPROVED: City Manager INITIATED AND APPROVED: Director of Public Works 20-8626/229493 2 148 RESOLUTIONNO. 2012-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE DEVELOPMENT IMPACT FEE CALCULATION AND NEXUS REPORT FOR THE CITY OF HUNTINGTON BEACH, AND ESTABLISHING NEW AND REVISED DEVELOPMENT IMPACT FEES FOR ALL DEVELOPMENT WITHIN THE CITY WHEREAS, several policies within the City's General Plan require that new development mitigate its share of the impacts to the natural and built environments and be fiscally neutral so as to not result in a net economic loss for the City; and Such General Plan policies include the maintenance of existing quality of life, maintenance of existing service levels and funding of new facilities, the requirement of new development to mitigate a fair share of its impacts, and calling for the use of impact fees to fund needed improvements to serve new development, among other policies; and In accordance with these General Plan policies, the City Council has directed staff in the past to create development impact fees in accordance with State law. Said impact fees were codified in Chapter 17.65 and Chapter 17.66 of the Huntington Beach Municipal Code as well as Huntington Beach Zoning and Subdivision Ordinance Chapter 230.20. Pursuant to each ordinance set forth above, the amount of the development impact fee is to be set and/or updated by resolution of the City Council; and Subsequently, and periodically, staff has conducted comprehensive reviews of the City's development impact fees to determine whether those fees are adequate to defray the cost of public facilities related to new development; those fees are set forth in Resolutions 6164, 2006- 23, 2000-97, 2004-88, 99-60 and 96-71; 2002-129, 2004-88 and The City contracted with Revenue & Cost Specialists, LLC to provide a updated comprehensive evaluation of the City's existing development impact fees; and Revenue & Cost Specialists, LLC prepared a report, entitled Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach, dated October, 2011 as amended April 27, 2012 (the "Nexus Report"), that provides an evaluation of existing development impact fees, recommends an increase and change in methodology in certain development impact fees, the creation of new impact fees and establishes the nexus between the imposition of such impact fees and the estimated reasonable cost of providing the service for which the fees are charged; and The Nexus Report has been available for public review and comment; and The Nexus Report substantiates the need for a modification to existing fees to change certain methodology as well as creation of new impact fees; and 1 12-3209.006/79289 149 Resolution No. 2012-23 The City has collected development impact fees to mitigate the impacts of new development, including fees for transportation, park land acquisition and development, library and other public facilities since the adoption of the respective ordinances and resolutions; and The City Council desires to repeal certain resolutions, create and update other development impact fee resolutions in accordance with the calculations and recommendations contained in the Nexus Report; and In compliance with the Mitigation Fee Act, California Government Code section 66000 et seq., the City Council held a noticed public hearing on the proposed increase in development impact fees at its regular meeting on June 18 2012, to solicit public input on the proposed increases to development impact fees, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. Findings pursuant to Government Code section 66001. The City Council finds and determines that the Nexus Report complies with California Government Code section 66001, and as to each of the proposed fees to be imposed on new development: (a) Identifies the purpose of the fee; (b) Identifies the use to which the fee will be put; ( c) Shows a reasonable relationship between the use of the fee and the type of development project on which the fee is imposed; ( d) Demonstrates a reasonable relationship between the need for the public facilities and the type of development projects on which the fee is imposed; and ( e) Demonstrates a reasonable relationship between the amount of the fee and the cost of the public facilities or portion of the public facilities attributable to the development on which the fee is imposed. 2. Fees for Uses Consistent with the Nexus Report. The City Council hereby determines that the fees imposed, pursuant to this resolution shall be used solely to finance the public facilities and/or equipment and park land acquisition described or identified in the respective ordinances and Nexus Report. 3. Approval of Items in the Nexus Report. The City Council has considered the specific public facilities, equipment and park land acquisition cost estimates identified in the Nexus Report and each ordinance thereto and hereby approves such public facilities, equipment and park land acquisition cost and cost estimates and further finds that the cost estimates serve as a reasonable basis for calculating and imposing the development impact fees as set forth in the Nexus Report. 2 12-3209 .006/79289 150 Resolution No. 2012-23 4. Consistency with General Plan. The City Council finds that the public facilities equipment and park land acquisition and fee methodology identified in the respective ordinances and Nexus Report are consistent with the City's General Plan and, in particular, those policies that require new development to mitigate its share of the impacts to City infrastructure and to be fiscally neutral. 5. Differentiation among Public Facilities. The City Council finds that the public facilities identified in the Nexus Report and funded through the collection of development impact fees recommended in the Nexus Report are separate and distinct from those public facilities funded through other fees presently imposed and collected by the City. To the extent that other fees imposed and collected by the City, including Specific Plan fees are used to fund the construction of the same public facilities identified in the respective ordinances and Nexus Report, then such other fees shall be a credit against the applicable development impact fees. Notwithstanding the above provision, this resolution shall not be deemed to affect the imposition or collection of the water and sewer connection fees authorized by the Huntington Beach Municipal Code. 6. CEOA Finding. The adoption of the Nexus Report and the increase in development impact fees are not subject to the California Environmental Quality Act in that pursuant to CEQA Guidelines, section 15378(b) (4), the creation of government funding mechanisms which do not involve any commitment to any specific project which may cause a significant effect on the environment, is not defined as a "project" under CEQA. 7. Adoption of Report. The Nexus Report as amended April 27, 2012, including Appendices, is hereby adopted. 8. Fee Imposed. The new Development Impact Fees set by this resolution shall not apply to projects that have received discretionary project entitlement approval on or before June 5, 2012 and the following milestones are met: 1. Project applicant has submitted an approved application for building permits within 180 days after the fee going into effect or no later than February 18, 2013. 2. From the time of initial building permit application, the project makes continued progress toward satisfying plan check comments. 3. Building Permits are issued within 360 days after the fees go into effect. An exception to the above milestones is the involvement of an outside third party regulatory agency. In such cases the 180 days to make building permit application will begin when the developer receives clearance from that agency. The City Manager shall have the authority, in his/her sole discretion, to extend milestone dates for qualifying "grandfathered" projects. All other projects are subject to the fees then in effect. All existing Development Impact Fees remain in effect until final action is taken on this resolution and respective ordinances. In the event any portion of this resolution is held invalid, the previously approved development impact fee shall automatically apply. 9. Timing of Fee. The development impact fees imposed by this resolution shall be paid pursuant to the ordinances or resolution creating each separate fee. Until final action is 3 12-3209.006/79289 151 Resolution No. 2012-23 taken by City Council adopting the ordinances or resolution referenced herein, resolutions 6164, 2006-23, 2000-97, 99-60, 2004-88 and 96-71 shall remain in effect. 10. Amount of Fee. The City Council hereby approves and adopts the Development Impact Fees as set forth in Exhibit "A," attached hereto and incorporated herein as well as Nexus Report Schedules 3.2, 4.3, 5.2, 6.2, 7.1, 8.1, and 8.4. Exhibit A and the Nexus Report sets forth the methodology and aggregate amount imposed as a development impact fee for both residential and nonresidential land uses and also sets forth the breakdown of each development impact fee by type of facility. The amount of the development impact fees excluding traffic impact fees shall be automatically modified annually pursuant to the the percentage of increase or decrease in the Los Angeles-Anaheim-Riverside All Urban Consumer Price Index (CPI) or any relevant successor for the Orange County area, from March to March of the preceding twelve (12) months. Traffic impact fees shall be increased using the Engineering News Record's construction cost index as reported for the twelve month period ending in March of each year. The escalator indices provided herein shall not take effect until March of 2016. 11. Use of fee. The development impact fees shall be solely used for the purposes described in the respective ordinances creating the fees and the Nexus Report. Fees collected pursuant to existing ordinances and resolutions shall be maintained and used exclusively for those purposes and accounts for these fees shall remain in effect and shall be maintained by the City Manager or his/her designee. Fees collected under any of the categories listed in the Nexus Report may be used to finance the construction or implementation of any public facility listed in those categories to the extent that use of the fees may not exceed the percentage allocated to new development of all of the public facilities listed in the category, or sub-category. 12. Fee Determination by Type of Use. A. Residential Development. Development impact fees for residential development shall be based upon the type of unit constructed. The development impact fee categories as shown in Exhibit A generally correspond to the City's land use designations in the land use element of the City's General Plan. B. Nonresidential Land Uses. Development impact fees for nonresidential land uses shall be based upon the square footage of the building or other measurement detailed in the respective development impact fee ordinances. The development impact fee categories as shown in Exhibit A generally correspond to the City's land use designations in the land use element of the City's General Plan. C. Uses Not Specified. In the event that there are land uses not specified in Exhibit A, the development impact fee for such use shall be determined by the City Manager or 4 12-3209.006/79289 152 Resolution No. 2012-23 his/her designee who shall determine such fee based on an analysis of the impacts of the proposed use on public facilities, equipment and/or park land. 13. Prior Resolutions Superseded. As provided herein the development impact fees approved and adopted by this resolution shall supersede and repeal any previously adopted development impact fee resolutions concerning the same, including 6164, 96-71, 99-60, 2000-97, 2004-88 and 2006-23, 2002-129, 2004-88. 14. Severability. If any action, subsection, sentence, clause or phrase of this resolution, the Nexus Report, or other attachments thereto, shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this resolution the Nexus Report, or other attachments thereto or fees levied by this resolution that can be given effect without the invalid provisions or application of fees. In the event any section of this resolution is held invalid the previously adopted affected fees shall be automatically reinstate as if never repealed or modified herein. 15. Effective Date. Consistent with California Government Code section 66017(a), the fees as identified in attached Exhibit "A" adopted by this resolution shall take effect sixty (60) days following final action taken on the respective ordinances or amendments thereto by the City Council. 16. Appeals. Appeals of any fees, including methodology, use, land valuation etc. created pursuant to this resolution shall be conducted as set forth in Huntington Beach Municipal Code Chapter 17. 73. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18 day of June ;;;;; 3o;g__.-/J-: :D~..;;. #-- Mayor APPROVED AS TO FORM: ~ rn~~~ C)CrtyAttorney 0'1~5 ~ cJ3--Q 5 12-3209.006/79289 153 Exhibit A 154 Exhibit A-3 Aternative Fee Schedule No. 3 Development Impact Fees (Effective 9/2/2012) 30% Circulation Park Land/ System Open Space Law Fire (Streets, & Facilities Enforcement Suppression Signals, Public Library (No Tract Land Use Facilitles Facilities Bridges) Facilities Map) Detached Dwelling Units (per Unit) $119 $277 $1,800 $1,091 $6,802 Attached Dwelling Units (per Unit) $245 $115 $1,238 $519 $4,632 Moblle Home Dwelling Units (per Unit) $111 $475 $940 $479 $3,351 Hotel/Motel Lodging Units (per Unit) No Fee No Fee $172/trip $0.04/SF $0.23/SF Resort Lodging Units (per Unit) No Fee No Fee $172/trip $0.04/SF $0.23/SF Commercial/Office Uses (per sq. ft.) $0.312 $0.099 $4.175 No Fee $0.447 Industrial/Manufacturing Uses (per sq. ft.) $0.133 $0.009 $1.279 No Fee $0.393 Development Impact Fees (Effective 9/2/2013) 60% Circulation Park Land/ System Open Space Law Fire (Streets, & Facilities Enforcement Suppression Signals, Public Library (No Tract Land Use Facilities Facilities Bridges) Facilities Map) Detached Dwelling Units (per Unit) $238 $553 $2,092 $1,126 $11,540 Attached Dwelling Units (per Unit) $489 $229 $1,417 $686 $8,576 Mobile Home Dwelling Units (per Unit) $221 $950 $1,094 $588 $6,701 Hotel/Motel Lodging Units (per Unit) No Fee No Fee $172/trip $0.04/SF $0.23/SF Resort Lodging Units (per Unit) No Fee No Fee $172/trip $0.04/SF $0.23/SF Commercial/Office Uses (per sq. ft.) $0.625 $0.197 $4.175 No Fee $0.664 Industrial/Manufacturing Uses (per sq. ft.) $0.266 $0.018 $1.498 No Fee $0.555 Development Impact Fees (Effective 9/2/2014) 90% Circulation Park Land/ System Open Space Law Fire (Streets, & Facilities Enforcement Suppression Signals, Publlc Library (No Tract Land Use Facilities Facilities Bridges) Facilities Map) Detached Dwelling Units (per Unit) $356 $830 $2,385 $1,160 $16,278 Attached Dwelling Units (per Unit) $734 $344 $1,597 $852 $12,520 Mobile Home Dwelling Units (per Unit) $332 $1,425 $1,248 $697 $10,052 Hotel/Motel Lodging Units (per Unit) No Fee No Fee $172/trip $0.04/SF $0.23/SF Resort Lodging Units (per Unit) No Fee No Fee $172/trip $0.04/SF $0.23/SF Commercial/Office Uses (per sq. ft.) $0.937 $0.296 $4.175 No Fee $0.882 Industrial/Manufacturing Uses (per sq. ft.) $0.399 $0.027 $1.716 No Fee $0.718 Date Prlnted:5/24/2012, June 4 Resolution 30_60_90 Page 1 155 Exhibit A-3 Aternative Fee Schedule No. 3 Schedule of Rates for T_raffic Impact Fees (Effective 9/2/2012) Adjusted Average Trip-end Land Use Trip Ends Distance to Trip Detached Dwelling Unit 8.76 7.9 0.5 Apartment 6.16 7.9 Condominium/Townhouse 5.36 7.9 Mobile Home Dwelling 4.57 7.9 Hotel 6.29 7.6 All Suites Hotel 3.77 7.6 Motel General Light Industrial Heavy Industrial Manufacturing Warehousing COIVIM~RCIAL (per 1 ;ooo SF) Office Park Research Park Business Park Bldg. Materials/Lumber Store Garden Center Movie Theater Church Medical-Dental Office General Office Building Shopping Center Hospital Discount Center High-Turnover Restaurant Convenience Market Office Park O'J'HI;R (as noted) Cemetery Service Station/Market lava) Service Station w/Car Wash 4.34 7.6 6.17 9.0 5.97 9.0 2.73 9.0 4.39 9.0 7.42 8.8 5.01 8.8 9.34 8.8 29.35 4.3 23.45 4.3 2.47 4.3 5.92 4.3 22.21 8.8 7.16 8.8 30.2 4.3 11.42 4.3 62.93 4.3 8.9 4.3 43.57 4.3 13.97 4.3 3.07 4.3 107.69 4.3 99.35 4.3 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.6 0.5 0.5 0,6 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.6 0.5 -• --· 0.5 0.5 0.5 Additional Cost per Trip Miles Trip Mile Recommended Cost per 1000 sq. ft, dwelling unit or other unit (90% of original) 30% Increase Scenario Cost per 1000 sq. ft, dwelling unit or other unit 34.6 $ 50.22 $ 24.3 $ 50.22 $ 21.2 $ 50.22 $ 18.1 $ 50.22 $ 23.9 $ 64.34 $ 14.3 $ 64.34 $ 16.5 $ 64.34 $ 27.8 $ 64.34 $ 26.9 $ 64.34 $ 12.3 $ 64.34 $ 19.8 $ 64.34 $ 32.6 $ 64.34 $ 22.0 $ 64.34 $ 41.1 $ 64,34 $ 63.1 $ 64.34 $ 50.4 $ 64.34 $ 5.3 $ 64.34 $ 12.7 $ 64.34 $ 97.7 $ 64.34 $ 31.5 $ 64.34 $ 64.9 $ 64.34 $ 24.6 $ 64.34 $ 135.3 $ 64.34 $ 19.1 $ 64.34 $ 93. 7 $ 64.34 $ 30.0 $ 64.34 $ 6.6 $ 64.34 $ 231.5 $ 64.34 $ 213.6 $ 64.34 $ 1,737.61 /Unit $ 1,722.56 /Unit 1,220.35 /Unit $ 1,209.50 /Unit 1,064.66 /Unit $ 1,064.55 /Unit 908.98 /Unit $ - - - -. -._ ·-:;-- -- 1,537.73 /Room 920.06 /Room $ 1;218,63 /Room $ 729.93 /Room 1,061.61 /Room $ 841.02 /Room 1,788.65 /1 ,000 sf $ 1,279,46 1 !J,OOO 1,730.75 /1,000 sf $ 1,238.01 I !J ,000 791.38 /1,000 sf $ 686.11 I !J ,OOO 1,273.93 /1,000 sf $ 910 74 /1,000 . '~• 2,097.48 /1,000 sf $ 1,522;61 1,415.48 /1,000 sf $ 1,027.85 2,644.37 /1,000 sf $ 1,917.86 4,059.85 /1,000 sf $ 4,059.86 3,242.74 /1,000 sf $ 3,242.74 341.00 /1,000 sf $ 341.00 817.12 /1,000 sf $ 817.12 6,286.02 /1,000 sf $ 4,559.89 2,026.71 /1,000 sf $ 1,470.08 4,175.67 /1,000 sf $ 4, 175.67 1,582.76 /1,000 sf $ 1,582.76 8,705.20 /1,000 sf $ 8,705.20 1,228.89 /1,000 sf $ 1,228.89 6,028.66 /1,000 sf $ 6,028.66 1,930.20 /1,000 sf $ 1,930.20 /1,000 sf /1,000 sf /1,000 sf /1,000 sf /1,000 sf /1,000 sf /1,000 sf /1,000 sf /1,000 sf /1,000 sf /1,000 sf /1,000 sf /1,000 sf /1,000 sf /1,000 sf 424.64 /Acre $ 424.64 /Acre /Fuel 14,894.71 Position /Fuel 13,743.02 Position /Fuel $ 14 •894·71 Position /Fuel $13,743.02 Position Page2 156 Exhibit A-3 Aternative Fee Schedule No. 3 Schedule of Rates for Traffic Impact Fees (Effective 9/2/2013) Recommended Cost per 60% Increase Scenario 1000 sq. ft, dwelling unit Cost per 1000 sq. ft, Adjusted Average Trip-end Additional Cost per or other unit (90% of dwelling unit or other Land Use Trip Ends Distance to Trip Trip Miles Trip Mile original) unit R_ESLQENTIAL. LAND USES (per Unit) --------------.- Detached Dwelling Unit 8.76 7.9 0.5 34.6 $ 57.39 $ 1,985.69 /Unit $ 1,938.39 /Unit Apartment 6.15 7.9 0.5 24.3 $ 57.39 $ 1,394.58 /Unit $ 1,361.20 /Unit Condominium/Townho use 5.36 7.9 0.5 21.2 $ 57.39 $ 1,216.67 /Unit $ 1,187.17 /Unit Mobile Home Dwelling 4.57 7.9 0.5 18.1 $ 57.39 $ 1,038.76 /Unit $ 1,013.15 /Unit RESORT/TOIJRl!ff(perUnlt 6! Entl'y·Door) -• -, -. --- '. ~--= ·. Hotel 6.29 7.6 0.5 23.9 $ 64.34 $ 1,537.73 /Room $ 1,355.39 /Room All Suites Hotel 3.77 7.6 0.5 14.3 $ 64.34 $ 920.06 /Room $ 811.41 /Room Motel 4.34 7.6 0.5 16.5 $ 64.34 $ 1,061.61 /Room $ 935.56 /Room iNDUSTRIAL ( ped,000 SF) ' ---.. General Light Industrial 6.17 9.0 0.5 27.8 $ 64.34 $ 1,788.65 /1,000 sf $ 1,497.69 /1,000 sf Heavy Industrial 5.97 9.0 0.5 26.9 $ 64.34 $ 1,730.75 /1,000 sf $ 1,449.18 /1,000 sf Manufacturing 2.73 9.0 0.5 12.3 $ 64.34 $ 791.38 /1,000 sf $ 662.65 /1,000 sf Warehousing 4.39 9.0 0.5 19.8 $ 64.34 $ 1,273.93 /1,000 sf $ 1,066.39 /1,000 sf COMMERCIAL (per 1,000 SF) .. r_=._ '~--.. Office Park 7.42 8.8 0.5 32.6 $ 64.34 $ 2,097.48 /1,000 sf $ 1,768.99 /1,000 sf Research Park 5.01 8.8 0.5 22.0 $ 64.34 $ 1,415.48 /1,000 sf $ 1,193.98 /1,000 sf Business Park 9.34 8.8 0.5 41.1 $ 64.34 $ 2,644.37 /1,000 sf $ 2,229.22 /1,000 sf Bldg. Materials/Lumber 29.35 4.3 0.5 63.1 $ 64.34 $ 4,059.85 /1,000 sf $ 4,059.85 /1,000 sf Store Garden Center 23.45 4.3 0.5 60.4 $ 64.34 $ 3,242.74 /1,000 sf $ 3,242.74 /1,000 sf Movie Theater 2.47 4.3 0.5 5.3 $ 64.34 $ 341.00 /1,000 sf $ 341.00 /1,000 sf Church 5.92 4.3 0.5 12.7 $ 64.34 $ 817.12 /1,000 sf $ 817.12 /1,000 sf Medical-Dental Office 22.21 8.8 0.5 97.7 $ 64.34 $ 6,286.02 /1,000 sf $ 5,299.66 /1,000 sf General Office Building 7.16 8.8 0.5 31.5 $ 64.34 $ 2,026.71 /1,000 sf $ 1,708.63 /1,000 sf Shopping Center 30.2 4.3 0.5 64.9 $ 64.34 $ 4,175.67 /1,000 sf $ 4,175.67 /1,000 sf Hospital 11.42 4.3 0.5 24.6 $ 64.34 $ 1,582.76 /1,000 sf $ 1,582.76 /1,000 sf Discount Center 62.93 4.3 0.5 135.3 $ 64.34 $ 8,705.20 /1,000 sf $ 8,705.20 /1,000 sf High-Turnover 8.9 4.3 0.5 19.1 $ 64.34 $ 1,228.89 /1,000 sf $ 1,228.89 /1,000 sf Restaurant Convenience Market .. 43.57 4.3 0.5 93.7 $ 64.34 $ 6,028.66 /1,000 sf $ 6,028.66 /1,000 sf Office Park 13.97 4.3 0.5 30.0 $ 64.34 $ 1,930.20 /1,000 sf $ 1,930.20 /1,000 sf crrAER (a~ notijcif -: 7:~ ..•.. · ----,r~ -.--- Cemetery 3.07 4.3 0.5 6.6 $ 64.34 $ 424.64 /Acre $ 424.64 /Acre Service Station/Market 107.69 4.3 0.5 231.5 $ 64.34 $ 14,894.71 /Fuel $ 14,894.71 /Fuel 'ava) Position Position Service Station w/Car 99.35 4.3 0.5 213.6 $ 64.34 $ 13,743.02 /Fuel $ 13,743.02 /Fuel Wash Position Position Page 3 157 Exhibit A-3 Aternative Fee Schedule No. 3 Schedule of Rates for Traffic Impact Fees (Effective 9/2/2014) Recommended Cost per Adjusted Average Trip-end to Additional Cost per 1000 sq. ft, dwelling unit or Land Use Trip Ends Distance Trip Trip Miles Trip Mile other unit (90% of original) R_ESit>eNJIAL ~MiJ_o:·ps~s (per Unit) . ,. , . - Detached Dwelling Unit 8.76 7.9 0.5 34.6 $ 64.34 $ 2,226.16 /Unit Apartment 6.15 7.9 0.5 24.3 $ 64.34 $ 1,563.46 /Unit Condominium/Townhou 5.36 7.9 0.5 21.2 $ 64.34 $ 1,364.01 /Unit se Mobile Home Dwelling 4.57 7.9 0.5 18.1 $ 64.34 $ 1,164.55 /Unit R6Sti~t/JOUR1Sl"(pe.r Un.it or EnJry 'Poor) . -,-_ --_, - Hotel 6.29 7.6 0.5 23.9 $ 64.34 $ 1,537.73 /Room All Suites Hotel 3.77 7.6 0.5 14.3 $ 64.34 $ 920.06 /Room Motel 4.34 7.6 0.5 16.5 $ 64.34 $ 1,061.61 /Room l~DUSTRJAL ( p~r'1 ,0J)0_ SF) . ' ; . .· -· General Light Industrial 6.17 9.0 0.5 27.8 $ 64.34 $ 1,788.65 /1,000 sf Heavy Industrial 5.97 9.0 0.5 26.9 $ 64.34 $ 1,730.75 /1,000 sf Manufacturing 2.73 9.0 0.5 12.3 $ 64.34 $ 791.38 /1,000 sf Warehousing 4.39 9.0 0.5 19.8 $ 64.34 $ 1,273.93 /1,000 sf COIVI.MER¢fAL (per 1··;000 SF) Office Park 7.42 8.8 0.5 32.6 $ 64.34 $ 2,097.48 /1,000 sf Research Park 5.01 8.8 0.5 22.0 $ 64.34 $ 1,415.48 /1,000 sf Business Park 9.34 8.8 0.5 41.1 $ 64.34 $ 2,644.37 /1,000 sf Bldg. Materials/Lumber 29.35 4.3 0.5 63.1 $ 64.34 $ 4,059.85 /1,000 sf Store Garden Center 23.45 4.3 0.5 50.4 $ 64.34 $ 3,242.74 /1,000 sf Movie Theater 2.47 4.3 0.5 5.3 $ 64.34 $ 341.00 /1,000 sf Church 5.92 4.3 0.5 12.7 $ 64.34 $ 817.12 /1,000 sf Medical-Dental Office 22.21 8.8 0.5 97.7 $ 64.34 $ 6,286.02 /1,000 sf General Office Building 7.16 8.8 0.5 31.5 $ 64.34 $ 2,026.71 /1,000 sf Shopping Center 30.2 4.3 0.5 64.9 $ 64.34 $ 4,175.67 /1,000 sf Hospital 11.42 4.3 0.5 24.6 $ 64.34 $ 1,582.76 /1,000 sf Discount Center 62.93 4.3 0.5 135.3 $ 64.34 $ 8,705.20 /1,000 sf High-Turnover 8.9 4.3 0.5 19.1 $ 64.34 $ 1,228.89 /1,000 sf Restaurant Convenience Market 43.57 4.3 0.5 93.7 $ 64.34 $ 6,028.66 /1,000 sf Office Park 13.97 4.3 0.5 30.0 $ 64.34 $ 1,930.20 /1,000 sf OTHER (as_noted) . -· Cemetery 3.07 4.3 0.5 6.6 $ 64.34 $ 424.64 /Acre Service Station/Market 107.69 4.3 0.5 231.5 $ 64.34 $ 14,894.71 /Fuel (ava) Position Service Station w/Car 99.35 4.3 0.5 213.6 $ 64.34 $ 13,743.02 /Fuel Wash Position Page4 158 Res. No. 2012-23 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on June 18, 2012 by the following vote: A YES: Shaw, Carchio, Bohr, Boardman NOES: Harper, Dwyer, Hansen ABSENT: None ABSTAIN: None Ci y Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 159 6/13/23, 1:50 PM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 1/8 Orange County Transportation Authority FY 2023/24 - FY 2029/30 Capital Improvement Program TIP ID CP-10389 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Arterial Rehabilitation FY 2023 Type of Work:Road Maintenance Project Description Type of Work Description:Road Maintenance - Rehabilitation of roadway Rehabilitate arterials including Magnolia (Atlanta-Indianapolis), Hamilton (Magnolia-Bushard), Orange (Goldenwest-17th), Talbert (Edwards-End), Banning (Magnolia-Brookhurst), Heil (Saybrook-Bolsa Chica), Garfield (Brookhurst-East City Limit), Edinger Limits Magnolia, Hamilton, Orange, Heil, Garfield, Talbert, Edinger, Banning Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Measure M2 Local Fairshare $0 $0 $1,000,000 $0 $1,000,000 $1,030,000 2024 Local Streets and Roads apportionments $0 $0 $4,600,000 $0 $4,600,000 $4,738,000 2025 Local Streets and Roads apportionments $0 $0 $4,600,000 $0 $4,600,000 $4,880,140 2025 Measure M2 Local Fairshare $0 $0 $1,000,000 $0 $1,000,000 $1,060,900 2026 Local Streets and Roads apportionments $0 $0 $4,600,000 $0 $4,600,000 $5,026,544 2026 Measure M2 Local Fairshare $0 $0 $1,000,000 $0 $1,000,000 $1,092,727 2027 Local Streets and Roads apportionments $0 $0 $4,600,000 $0 $4,600,000 $5,177,341 2027 Measure M2 Local Fairshare $0 $0 $1,000,000 $0 $1,000,000 $1,125,509 2028 Local Streets and Roads apportionments $0 $0 $4,600,000 $0 $4,600,000 $5,332,661 2028 Measure M2 Local Fairshare $0 $0 $1,000,000 $0 $1,000,000 $1,159,274 2029 Measure M2 Local Fairshare $0 $0 $1,000,000 $0 $1,000,000 $1,194,052 2029 Local Streets and Roads apportionments $0 $0 $4,600,000 $0 $4,600,000 $5,492,641 2030 Local Streets and Roads apportionments $0 $0 $4,600,000 $0 $4,600,000 $5,657,420 2030 Measure M2 Local Fairshare $0 $0 $1,000,000 $0 $1,000,000 $1,229,874 Totals:$0 $0 $39,200,000 $0 $39,200,000 $44,197,083 Last Revised: 23-00 - In Progress Total Programmed: $39,200,000 TIP ID CP-11286 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Bridge Preventive Maintenance Type of Work:Bridge Project Description Type of Work Description:Bridge - Rehabilitation of existing pavement/structure Removal and replacement of unsound concrete, bearings; clean and paint structural steel Limits Davenport Dr. Bridge (over Weatherly Channel) Project Notes Project added in the event that M2 local fair share funds are used to pay for costs that are not reimbursed through HBP grant funding. Davenport bridge may be upgraded to a bridge rehabilitation project if funding is approved. FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Other $0 $0 $2,403,000 $0 $2,403,000 $2,475,090 Totals:$0 $0 $2,403,000 $0 $2,403,000 $2,475,090 Last Revised: 23-00 - In Progress Total Programmed: $2,403,000 ---------- 160 6/13/23, 1:50 PM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 2/8 TIP ID CP-11279 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Bridge Rehabilitation Projects Type of Work:Bridge Project Description Type of Work Description:Bridge - Rehabilitation of existing pavement/structure Design and rehabilitation of City bridges. Admiralty and Humboldt bridges are planned for construction in FY 23/24 and FY 24/25, respectively. Limits Admiralty Dr. Bridge (over Queen Elizabeth Passage) and Humboldt Dr. Bridge (over Short Channel) Project Notes Project added in the event that M2 local fair share funds are used to pay for costs that are not reimbursed through HBP grant funding. Davenport bridge BPMP may be upgraded to a bridge rehabilitation project if funding is approved. FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Other $0 $0 $3,780,000 $0 $3,780,000 $3,893,400 2025 Other $0 $0 $3,314,000 $0 $3,314,000 $3,515,823 Totals:$0 $0 $7,094,000 $0 $7,094,000 $7,409,223 Last Revised: 23-00 - In Progress Total Programmed: $7,094,000 TIP ID CP-11826 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:City-Funded Bridge Maintenance Projects Type of Work:Bridge Project Description Type of Work Description:Bridge - Rehabilitation of existing pavement/structure Program will correct minor structural defects, repair deficiencies, and extend the service life of existing bridges. Limits Citywide Project Notes Other indicates Traffic Congestion Relief (Prop 42) FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Other $250,000 $0 $750,000 $0 $1,000,000 $1,022,500 2025 Other $250,000 $0 $750,000 $0 $1,000,000 $1,045,675 2026 Other $250,000 $0 $750,000 $0 $1,000,000 $1,069,545 2027 Other $250,000 $0 $750,000 $0 $1,000,000 $1,094,132 2028 Other $250,000 $0 $750,000 $0 $1,000,000 $1,119,456 2029 Other $250,000 $0 $750,000 $0 $1,000,000 $1,145,539 2030 Other $250,000 $0 $750,000 $0 $1,000,000 $1,172,405 Totals:$1,750,000 $0 $5,250,000 $0 $7,000,000 $7,669,252 Last Revised: 23-00 - In Progress Total Programmed: $7,000,000 TIP ID CP-10391 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Concrete Replacements Type of Work:Pedestrian Project Description Type of Work Description:Pedestrian - Reconstruction or rehabilitation of sidewalk Replace worn, damaged, lifted, and broken sections of concrete sidewalk, curb and gutter, and curb ramps in support of the zone maintenance program and in various locations city-wide. Limits Citywide Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Measure M2 Local Fairshare $0 $0 $500,000 $0 $500,000 $515,000 2025 Measure M2 Local Fairshare $0 $0 $500,000 $0 $500,000 $530,450 2026 Measure M2 Local Fairshare $0 $0 $500,000 $0 $500,000 $546,364 2027 Measure M2 Local Fairshare $0 $0 $500,000 $0 $500,000 $562,754 2028 Measure M2 Local Fairshare $0 $0 $500,000 $0 $500,000 $579,637 2029 Measure M2 Local Fairshare $0 $0 $500,000 $0 $500,000 $597,026 2030 Measure M2 Local Fairshare $0 $0 $500,000 $0 $500,000 $614,937 Totals:$0 $0 $3,500,000 $0 $3,500,000 $3,946,168 Last Revised: 23-00 - In Progress Total Programmed: $3,500,000 ---------- 161 6/13/23, 1:50 PM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 3/8 TIP ID CP-10392 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number: 12-OCTA-TSP-3625 Project Title Additional Project IDs:Edinger Avenue Synchronization Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Interconnect traffic signals to improve coordination and communications OCTA leading joint project with Westminster, Fountain Valley, and Santa Ana. OCTA applying for SB-1 funding. Limits From Bolsa Chica Street to Newland Street Project Notes Other: Funding from FY 20/21 carried over through FY 23/24. Other indicates Traffic Congestion Relief (Prop 42). FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Other $15,000 $0 $80,000 $0 $95,000 $97,400 Totals:$15,000 $0 $80,000 $0 $95,000 $97,400 Last Revised: 23-00 - In Progress Total Programmed: $95,000 TIP ID CP-12141 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Fire Station Signal - Murdy Fire Station Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Install new traffic signals and equipment Improve safety by installing a fire signal which will enable the Fire Department to stop traffic on Gothard Street while egressing the fire station. Limits Murdy Fire Station on Gothard Street between Edinger Avenue and Heil Avenue Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Traffic Impact Fees $0 $0 $345,000 $0 $345,000 $355,350 Totals:$0 $0 $345,000 $0 $345,000 $355,350 Last Revised: 23-00 - In Progress Total Programmed: $345,000 TIP ID CP-10393 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:General Street Maintenance for Public Works Type of Work:Pedestrian Project Description Type of Work Description:Pedestrian - Reconstruction or rehabilitation of sidewalk Annual maintenance work for concrete, slurry seal, potholes and failed asphalt; O&M of traffic signals, replacement of striping and signage, including engineering and inspection as needed on an annual basis. Limits Citywide Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Measure M2 Local Fairshare $0 $0 $2,000,000 $0 $2,000,000 $2,060,000 2025 Measure M2 Local Fairshare $0 $0 $2,000,000 $0 $2,000,000 $2,121,800 2026 Measure M2 Local Fairshare $0 $0 $2,000,000 $0 $2,000,000 $2,185,454 2027 Measure M2 Local Fairshare $0 $0 $2,000,000 $0 $2,000,000 $2,251,018 2028 Measure M2 Local Fairshare $0 $0 $2,000,000 $0 $2,000,000 $2,318,548 2029 Measure M2 Local Fairshare $0 $0 $2,000,000 $0 $2,000,000 $2,388,105 2030 Measure M2 Local Fairshare $0 $0 $2,000,000 $0 $2,000,000 $2,459,748 Totals:$0 $0 $14,000,000 $0 $14,000,000 $15,784,673 Last Revised: 23-00 - In Progress Total Programmed: $14,000,000 ---------- ---------- 162 6/13/23, 1:50 PM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 4/8 TIP ID CP-10394 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number: 14-HBCH-ECP-3742 Project Title Additional Project IDs:Huntington Beach Catch Basin Retrofit Project Type of Work:Environmental Cleanup Project Description Type of Work Description:Environmental Cleanup - Automatic Retractable Screen and other debris screens or inserts Maintenance of 111 catch basins retrofitted with Bio Clean Round Curb Inlet Filters. Limits Citywide Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Developer $0 $0 $0 $14,429 $14,429 $14,429 2025 Developer $0 $0 $0 $14,429 $14,429 $14,429 Totals:$0 $0 $0 $28,858 $28,858 $28,858 Last Revised: 23-00 - In Progress Total Programmed: $28,858 TIP ID CP-10395 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number: 13-HBCH-ECP-3687 Project Title Additional Project IDs:Huntington Beach Northwest Catch Basin Retrofit Project Type of Work:Environmental Cleanup Project Description Type of Work Description:Environmental Cleanup - Catchment Retrofit Maintenance of 102 catch basins retrofitted with Bio Clean Round Curb Inlet Filters and Skimmer Box. Limits Citywide in Northwest Part of City Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 General Fund $0 $0 $0 $13,583 $13,583 $13,583 Totals:$0 $0 $0 $13,583 $13,583 $13,583 Last Revised: 23-00 - In Progress Total Programmed: $13,583 TIP ID CP-12140 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number: 22-HBCH-ECP-4036 Project Title Additional Project IDs:Huntington Beach Trash Removal Project Phase II – Atlanta Pump Station Retrofit Project Type of Work:Environmental Cleanup Project Description Type of Work Description:Environmental Cleanup - Other Construction and installation of an in-line trash removal device (TrashTrap) at the Atlanta Pump Station (8151 Atlanta Avenue). The device is an extra large fixed basket designed to remove trash/debris larger than 5mm in size. Limits Atlanta Pump Station - 8151 Atlanta Avenue Project Notes Other indicates Infrastructure Fund and OCTA New Fund FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Other $30,000 $0 $854,000 $0 $884,000 $909,620 Totals:$30,000 $0 $854,000 $0 $884,000 $909,620 Last Revised: 23-00 - In Progress Total Programmed: $884,000 TIP ID CP-10396 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number: 16-OCTA-TSP-3795 Project Title Additional Project IDs:Magnolia Street Synchronization Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Interconnect traffic signals to improve coordination and communications Provide operational and infrastructure improvements; carry-over from FY 17/18. OCTA leading joint project with other cities along Magnolia Street. Funding only reflects Huntington Beach work. Limits From Garfield Avenue to Pacific Coast Highway Project Notes Other indicates Traffic Congestion Relief (Prop 42). FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Other $5,000 $0 $189,789 $5,000 $199,789 $205,483 Totals:$5,000 $0 $189,789 $5,000 $199,789 $205,483 Last Revised: 23-00 - In Progress Total Programmed: $199,789 163 6/13/23, 1:50 PM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 5/8 TIP ID CP-10399 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Residential Curb Ramp Project Type of Work:Pedestrian Project Description Type of Work Description:Pedestrian - Installation of ADA access ramps Install ADA Access Ramps . This is an annual project that will install Ramps at locations where adjacent streets are altered or rehabilitated. Limits Citywide - Maintenance Zone 1 Project Notes Other indicates Infrastructure Fund. FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Other $0 $0 $72,502 $0 $72,502 $74,677 2024 Measure M2 Local Fairshare $0 $0 $500,000 $0 $500,000 $515,000 2024 Community Development Block Grant $0 $0 $127,498 $0 $127,498 $131,323 2025 Other $0 $0 $200,000 $0 $200,000 $212,180 2025 Measure M2 Local Fairshare $0 $0 $500,000 $0 $500,000 $530,450 2026 Other $0 $0 $200,000 $0 $200,000 $218,545 2026 Measure M2 Local Fairshare $0 $0 $500,000 $0 $500,000 $546,364 2027 Measure M2 Local Fairshare $0 $0 $500,000 $0 $500,000 $562,754 2027 Other $0 $0 $200,000 $0 $200,000 $225,102 2028 Measure M2 Local Fairshare $0 $0 $500,000 $0 $500,000 $579,637 2028 Other $0 $0 $200,000 $0 $200,000 $231,855 2029 Other $0 $0 $200,000 $0 $200,000 $238,810 2029 Measure M2 Local Fairshare $0 $0 $500,000 $0 $500,000 $597,026 2030 Measure M2 Local Fairshare $0 $0 $500,000 $0 $500,000 $614,937 2030 Other $0 $0 $200,000 $0 $200,000 $245,975 Totals:$0 $0 $4,900,000 $0 $4,900,000 $5,524,635 Last Revised: 23-00 - In Progress Total Programmed: $4,900,000 TIP ID CP-10400 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Residential Overlay - Maintenance Zone 1 Type of Work:Road Maintenance Project Description Type of Work Description:Road Maintenance - Rehabilitation of roadway Rehabilitation of residential streets with asphalt overlay within Maintenance Zone 1. This annual project will provide street overlay rehabilitation based on the PMP ratings Limits Citywide - Maintenance Zone 1 Project Notes Other indicates Sewer Service Fund, Water Fund, and Infrastructure Fund. FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Gas Tax $0 $0 $2,000,000 $0 $2,000,000 $2,060,000 2024 Other $0 $0 $4,700,000 $0 $4,700,000 $4,841,000 2025 Other $0 $0 $5,000,000 $0 $5,000,000 $5,304,500 2025 Gas Tax $0 $0 $2,000,000 $0 $2,000,000 $2,121,800 2026 Other $0 $0 $5,000,000 $0 $5,000,000 $5,463,635 2026 Gas Tax $0 $0 $2,000,000 $0 $2,000,000 $2,185,454 2027 Gas Tax $0 $0 $2,000,000 $0 $2,000,000 $2,251,018 2027 Other $0 $0 $5,000,000 $0 $5,000,000 $5,627,544 2028 Other $0 $0 $5,000,000 $0 $5,000,000 $5,796,370 2028 Gas Tax $0 $0 $2,000,000 $0 $2,000,000 $2,318,548 2029 Gas Tax $0 $0 $2,000,000 $0 $2,000,000 $2,388,105 2029 Other $0 $0 $5,000,000 $0 $5,000,000 $5,970,261 2030 Other $0 $0 $5,000,000 $0 $5,000,000 $6,149,369 2030 Gas Tax $0 $0 $2,000,000 $0 $2,000,000 $2,459,748 Totals:$0 $0 $48,700,000 $0 $48,700,000 $54,937,352 Last Revised: 23-00 - In Progress Total Programmed: $48,700,000 ---------- ---------- 164 6/13/23, 1:50 PM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 6/8 TIP ID CP-11542 IMPLEMENTING AGENCY Huntington Beach, City of 165 6/13/23, 1:50 PM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 7/8 Local Project Number: 21-OCTA-TSP-4002 Project Title Additional Project IDs:TS Synchronization - Bolsa Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Interconnect traffic signals to improve coordination and communications Provide operational & infrastructure improvements along Bolsa Ave from Bolsa Chica to Edwards. This is a multijurisdictional project w/ Caltrans, Westminster, Santa Ana, & Tustin. Work within HB incl signal timing, new controllers, & battery back-up Limits Bolsa Avenue from Bolsa Chica Street to Edwards Street Project Notes This is an OCTA grant. OCTA will manage the project and is contributing $173,000 (HB segment only). Other indicates Traffic Congestion Relief fund. Other indicates Traffic Congestion Relief Fund. FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Other $5,000 $0 $60,000 $5,000 $70,000 $71,800 Totals:$5,000 $0 $60,000 $5,000 $70,000 $71,800 Last Revised: 23-00 - In Progress Total Programmed: $70,000 TIP ID CP-11847 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number: 20-HBCH-TSP-3973 Project Title Additional Project IDs:TS Synchronization - Bolsa Chica Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Replace and upgrade traffic signals and equipment Provide operational and infrastructure improvements along Bolsa Chica St. This is a multijurisdictional project including Caltrans and the Cities of Westminister and Garden Grove. Work within HB includes signal timing, CCTV, and fiber optics. Limits Bolsa Chica Street from Warner Avenue to Rancho Road Project Notes Other indicates Infrastructure Fund and OCTA CIP Grant. FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Other $342,800 $0 $1,940,300 $0 $2,283,100 $2,341,309 2025 Other $0 $0 $0 $30,400 $30,400 $30,400 2026 Other $0 $0 $0 $30,400 $30,400 $30,400 Totals:$342,800 $0 $1,940,300 $60,800 $2,343,900 $2,402,109 Last Revised: 23-00 - In Progress Total Programmed: $2,343,900 TIP ID CP-10401 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Talbert Avenue Synchronization Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Interconnect traffic signals to improve coordination and communications Provide operational and infrastructure improvements. OCTA leading joint project with Fountain Valley and Santa Ana. OCTA applying for SB-1 funding. Limits Beach Boulevard to Newland Street Project Notes Other: Funding from FY 20/21 carried over through FY 23/24. FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Air Quality Management District $0 $0 $6,000 $0 $6,000 $6,180 Totals:$0 $0 $6,000 $0 $6,000 $6,180 Last Revised: 23-00 - In Progress Total Programmed: $6,000 TIP ID CP-11540 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Traffic Signal Modification Main and Delaware Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Replace and upgrade traffic signals and equipment Install left-turn arrows at the intersection of Main St and Delaware St. Main St. will have left-turn arrows installed. Limits Main Street at Delaware Street Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Traffic Impact Fees $50,000 $0 $365,000 $0 $415,000 $425,950 Totals:$50,000 $0 $365,000 $0 $415,000 $425,950 Last Revised: 23-00 - In Progress Total Programmed: $415,000 --------------- ------------ 166 6/13/23, 1:50 PM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 8/8 TIP ID CP-11541 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Traffic Signal Modification Warner and Ash Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Replace and upgrade traffic signals and equipment Install left-turn arrows at the intersection of Warner Ave and Ash Ln. Warner Ave will have left-turn arrows installed. Limits Warner Avenue at Ash Street Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Traffic Impact Fees $40,000 $0 $410,000 $0 $450,000 $462,300 Totals:$40,000 $0 $410,000 $0 $450,000 $462,300 Last Revised: 23-00 - In Progress Total Programmed: $450,000 TIP ID CP-10402 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Warner Avenue Synchronization Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Interconnect traffic signals to improve coordination and communications Provide operational and infrastructure improvements. OCTA leading joint project with Fountain Valley and Santa Ana. Limits From Magnolia Street to Pacific Coast Highway Project Notes Other: Funding from FY 20/21 carried over through FY 23/24. FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Other $0 $0 $80,000 $0 $80,000 $82,400 Totals:$0 $0 $80,000 $0 $80,000 $82,400 Last Revised: 23-00 - In Progress Total Programmed: $80,000 ------------ 167 CITY OF HUNTINGTON BEACH LOCAL SIGNAL SYNCHRONIZATION PLAN May 22, 2023 HUNTINGTON BEACH 168 CITY OF HUNTINGTON BEACH Public Works Department May 22, 2023 Ms. Alicia Yang Orange County Transportation Authority Regional Modeling and Traffic Operations Planning Division P.O. Box 14184 Orange, CA 92863-1584 Chau Vu Acting Director of Public Works Subject: Local Signal Synchronization Plan Submittal as Part of the Measure M2 Eligibility Process Dear Ms. Yang: The City of Huntington Beach is pleased to submit its Local Signal Synchronization Plan as part of the Measure M2 eligibility process. The submittal includes the following components: 1. A completed "Local Signal Synchronization Plan Consistency Review Checklist" form establishing consistency between the Local Signal Synchronization Plan and the Regional Traffic Signal Synchronization Master Plan. 2. An updated Local Signal Synchronization Plan for Fiscal Years 2023/2024 to 2025/2026 including all required elements as identified in the Guidelines for the Preparation of Local Signal Synchronization Plans. The City looks forward to continuing the implementation of the beneficial programs and construction projects made possible by Measure M2. If you have any questions, please contact me at (714) 374-1628. Sincerely, :;v~ if)L -. -z:r William F. Janusz, P.E., PTOE Principal Civil Engineer Enclosures 2000 Main Street, California 92648 ♦ Phone 714-536-5431 ♦ www.huntingtonbeachca.gov 169 CITY OF HUNTINGTON BEACH LOCAL SIGNAL SYNCHRONIZATION PLAN City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Prepared by: William F. Janusz, P.E., PTOE Principal Civil Engineer (714) 374-1628 May 22, 2023 HUNTINGTON BEACH 170 LOCAL SIGNAL SYNCHRONIZATION PLAN CONSISTENCY REVIEW CHECKLIST The Local Agency Name: City of Huntington Beach Plan Date: __ 5,,,/-=2-=2/'""2"'3'-------Local agencies must submit a copy of the Local Signal Synchronization Plan, a completed consistency review checklist, and any supporting documentation. Complete the table below. Local Agency Statement Page#sin Provided or NIA LSSP . 1. Signal synchronization goals of the agency are consistent 1,2, 17, 18 Yes with those outlined as part of the Regional Traffic Signal Synchronization Master Plan. 2. Traffic signal synchronization street routes are identified, 3-4 Yes including all corridors along the regional signal synchronization network located within the local agency. 5-8 Yes 3. Traffic signal inventory for all traffic signal synchronization street routes. 4. Three-year plan separately showing costs, available 9-12 Yes funding, and phasing for capital, operations, and maintenance of signal synchronization along the traffic signal synchronization street routes and traffic signals which mav include unconstrained and build-out scenarios. 5. Signal synchronization review, revision, and assessment of 14-17 Yes synchronization activities along the traffic signal synchronization street routes and traffic signals. I certify that the above statements are true to the best of my knowledge. Signature ? Date William F. Janusz, P.E., PTOE Principal Civil Engineer Printed Name, Title 171 TABLE OF CONTENTS SECTION 1 Traffic Signal Synchronization Goals, Policies and Objectives 1 SECTION 2 Traffic Signal Synchronization Street Routes 3 SECTION 3 Traffic Signal Inventory 5 SECTION 4 Traffic Signal Synchronization System and Three Year Plan 9 SECTION 5 Traffic Signal Synchronization Assessment Review and revise, as may be Necessary, the Timing of Traffic Signals 14 172 LIST OF FIGURES FIGURE 1 Signal Synchronization Routes 4 FIGURE 2 Corridor Synchronization Performance Index (CSPI) 21 173 LIST OF TABLES TABLE 1 Traffic Synchronization Inventory 6 TABLE 2 3-Year Outlook Traffic Signal Synchronization (Constrained) 11 TABLE 3 3-Year Outlook Traffic Signal Synchronization (Unconstrained) 12 TABLE 4 LSSP Implementation – Candidate Signal Synchronization Projects With Estimated Costs 13 TABLE 5 Traffic Signal Synchronization Assessment, Review and Revision 19 TABLE 6 Signal Timing Revisions 20 174 SECTION ONE TRAFFIC SIGNAL SYNCHRONIZATION GOALS, POLICIES AND OBJECTIVES Eligibility requirements included in the Renewed Measure M specify that each local jurisdiction must adopt a Local Signal Synchronization Plan (LSSP) and renew it on a three- year cycle. The initial LSSP was adopted by the City of Huntington Beach City Council on December 20, 2010, and was subsequently updated in 2014, 2017 and 2020. This document is the City of Huntington Beach’s three-year update of the LSSP which is due to the Orange County Transportation Authority by June 30, 2023. This plan includes the following: • Traffic signal synchronization street routes; • Traffic signal inventory; • Three-year plan showing costs, available funding and phasing for capital, operations, and maintenance of traffic signal synchronization street routes and traffic signals; • Information on local signal synchronization policies, including how street routes and traffic signals may be synchronized with traffic signals on street routes in adjoining jurisdictions. It is the City of Huntington Beach’s goal to have in-place traffic signal coordination on all major arterial roadways and to have the communication and monitoring capabilities to remotely control the traffic signals from the City’s Traffic Management Center (TMC) located at City Hall. Expanding on these primary goals is the objective to establish inter-agency communication with the traffic signal systems maintained by Caltrans and the adjacent local agencies. Working toward these goals, the City maintains its coordinated traffic signal operations and continually monitors the operation for areas where operational improvements may be warranted. Over the past three years, the City has installed over three miles of new conduit with fiber optic cable. In addition, the city upgraded approximately one mile of its existing network of copper interconnect cable to fiber optic cable with another 3 and one-half miles currently scheduled for construction this year. The upgrade to fiber optic cable increases monitoring and communication capabilities and provides the infrastructure for the City to install closed circuit television cameras as funding opportunities arise in order to monitor traffic from the TMC. The City is constantly looking for opportunities to further expand and upgrade its traffic signal system such as pursuing grant funds to achieve this objective. 175 Ultimately, the City strives for a completely interconnected system of traffic signals, which can be remotely monitored and maintained, with a reasonable level of Public Works staff supervision. While several arterials are coordinated across city boundaries, no actual inter- agency real time communication exists. Ultimately, such communication is a goal of the City of Huntington Beach. This document also acknowledges that the City of Huntington Beach supports a multi- agency, corridor-based approach that optimizes traffic signals based on existing traffic patterns. The City supports local agency responsibility for signal timing and working with neighboring agencies to develop synchronization timing. This plan will require periodic updating on a three-year cycle throughout the duration of Renewed Measure M. The next update will be due to OCTA by June 30, 2026. 176 SECTION TWO TRAFFIC SIGNAL SYNCHRONIZATION STREET ROUTES (EXISTING AND PLANNED) Figure 1 illustrates the Traffic Signal Synchronization Street Routes within the City of Huntington Beach. These include the routes contained in OCTA’s Regional Traffic Signal Synchronization Master Plan. As indicated on the Traffic Synchronization List, Table 1, and the Map of Signal Synchronization Routes, Figure 1, not all intersections on these routes currently operate under coordination. The primary factor for not operating the traffic signals under coordination is low traffic volumes. While most of the arterial streets are under coordination continuously from approximately 6:30 a.m. until approximately 7:00 p.m., there are several segments where, due to low off-peak traffic volumes, the signals operate free in the midmorning and mid-afternoon periods. There are also some segments, primarily on the far south and west sides of the City where traffic volumes approaching the ocean are so low (less than 20,000 vehicles per day), that cross street delay does not warrant operating the signals under coordination at any time of the day. 177 REVISED 04/26/23 00000 □□□□□ WESTMINSTER MAINTAINED PACIFIC ' ' ' ' AVE. i--= i--= i--= Cf) Cf) Cf) j Mc FADDEN :r: u :r:1 .___S_L_A--+T_E_R_-+----+---+----~I A VE. BOLSA CHICA ELLIS W1 CD1 TA BERT 1A VE. AVE. I i--= I Cf) i--= Cf) YORKTOWN AVE. OCEAN I ADAMS I INDIANAPOLIS 0 ATLANTA~ '1-------1---_J :s:: w z <( = LOCAL SIGNAL SYNCHRONIZATION ROUTES (IN ADDITION TO OCTA REGIONAL PROGRAM). = REGIONAL SIGNAL SYNCHRONIZATION ROUTES CURRENTLY RUNNING FREE. i--= Cf) N.T.S. FOUNTAIN VALLEY MAINTAINED AVE. AVE. i--= Cf) --= REGIONAL SIGNAL SYNCHRONIZATION ROUTES CURRENTLY UNDER COORDINATION (CONSISTENT WITH OCTA). = REGIONAL SIGNAL SYNCHRONIZATION ROUTES (CALTRANS ROUTE CONSISTENT WITH OCTA). OCTA Coordination Vicmap.dwg CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING FIGURE SIGNAL SYNCHRONIZATION ROUTES 1 178 SECTION THREE TRAFFIC SIGNAL INVENTORY Table 1 lists the corridors and intersections within the City that are included in the Local Signal Synchronization Plan and the present coordination status of each of these intersections. 179 Corridor Cross Street Intersection AM MID PM WKND Maintenance Responsibility Left Right Other Cabinet Type Software Detection Bike Detection CCTV Power Backup Comm Other ITS ATMS Status Adams Avenue Lake Street 80 65 70 65 Huntington Beach Permissive Permissive 332 170/170E BI Tran 200/233 Video Yes N/A BBS Fiber Transparity Online Delaware Street 80 65 70 65 Huntington Beach PPLT Permissive 332 170/170E BI Tran 200/233 Video Yes N/A N/A Wireless Transparity Online Beach Boulevard 120 130 140 130 Caltrans Protected Prot/Overlap 332 2070 C8 Loops Yes Cohu BBS Copper Transparity State Coldwater Lane 120 130 140 Free Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A N/A Fiber Transparity Online Newland Street 130 130 140 Free Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Fiber Transparity Online Magnolia Street 130 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes Cohu BBS Fiber Transparity Online Bushard Street 130 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Fiber Transparity Online Target Driveway 130 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Fiber Transparity Online Brookhurst Street 130 130 140 130 Huntington Beach Protected Permissive 332 2070 BI Tran 200/233 Loops Yes Cohu BBS Fiber Transparity Online Ranger Lane 130 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Beach Boulevard Center Avenue 140 130 140 130 Caltrans Other Permissive Other 2070 TSCP Loops No N/A BBS Copper State Edinger Avenue 140 130 140 130 Caltrans Protected Permissive Other 2070 TSCP Loops No N/A BBS Copper State Stark Avenue 140 130 140 130 Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State MacDonald Avenue 140 130 140 130 Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Heil Avenue 140 130 140 130 Caltrans Protected Permissive 332 2070 TSCP Loops No N/A N/A Copper State Terry Drive 140 130 140 130 Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Warner Avenue 140 130 140 130 Caltrans Protected Permissive 332 2070 TSCP Loops No Cohu BBS Copper State Slater Avenue 140 130 140 130 Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Newman Avenue 140 130 140 130 Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Talbert Avenue 140 130 140 130 Caltrans Protected Permissive 332 2070 TSCP Loops No Cohu BBS Copper State Ellis Avenue 140 130 140 130 Caltrans Protected Permissive 332 2070 TSCP Loops No Cohu BBS Copper State Garfield Avenue 120 130 140 130 Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Yorktown Avenue 120 130 140 130 Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Utica Avenue 120 130 140 130 Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Adams Avenue 120 130 140 130 Caltrans Protected Permissive 332 2070 TSCP Loops No Cohu BBS Copper State Indianapolis Avenue 120 130 140 130 Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Atlanta Avenue 120 130 140 130 Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Pacific View Drive 120 130 140 130 Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Pacific Coast Highway 140 Free 140 Free Caltrans Protected Permissive 332 2070 C8 Loops Yes N/A BBS Copper State Bolsa Avenue Bolsa Chica Street 120 120 120 120 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Amazon Driveway Free Free Free Free Huntington Beach Permissive Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Graham Street Free Free Free Free Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Able Lane/ Dan Lane Free Free Free Free Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Springdale Street Free Free Free Free Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Bolsa Chica Street Bolsa Street 120 120 120 120 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Argosy Avenue 120 120 120 120 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online McFadden Avenue 120 120 120 120 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Robinwood Drive 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Edinger Avenue 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Heil Avenue 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Pearce Drive 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Warner Avenue 140 130 140 130 Huntington Beach Protected Perm/Overlap 332 2070 Omni Loops Yes Bosch BBS Fiber Transparity Online Table 1 Traffic Synchronization Inventory City of Huntington Beach Cycle Length Operations Equipment 180 Corridor Cross Street Intersection AM MID PM WKND Maintenance Responsibility Left Right Other Cabinet Type Software Detection Bike Detection CCTV Power Backup Comm Other ITS ATMS Status Cycle Length Operations Equipment Brookhurst Street Garfield Avenue 140 130 140 130 Huntington Beach Protected Permissive 332 2070 Omni Loops Yes N/A BBS Fiber Transparity Online Yorktown Avenue 140 130 140 130 Huntington Beach Protected Permissive 332 2070 Omni Loops Yes N/A BBS Fiber Transparity Online Beachmont Plaza 140 130 140 130 Huntington Beach Protected Permissive 332 2070 Omni Loops Yes N/A BBS Fiber Transparity Online Adams Avenue 140 130 140 130 Huntington Beach Protected Permissive 332 2070 Omni Loops Yes Cohu BBS Fiber Transparity Online Indianapolis Avenue 140 130 140 130 Huntington Beach Protected Permissive 332 2070 Omni Loops Yes N/A BBS Fiber Transparity Online Atlanta Avenue 140 130 140 130 Huntington Beach Protected Permissive 332 2070 Omni Loops Yes N/A BBS Fiber Transparity Online Hamilton Avenue 140 130 140 130 Huntington Beach Protected Permissive 332 2070 Omni Loops Yes Cohu BBS Fiber Transparity Online Banning Avenue Free Free Free Free Huntington Beach Protected Permissive 332 2070 Omni Loops Yes N/A BBS Fiber Transparity Online Bushard Street Free Free Free Free Huntington Beach Protected Permissive 332 2070 Omni Loops Yes N/A BBS Fiber Transparity Online Pacific Coast Highway 120 Free 120 Free Caltrans Protected Permissive 332 2070 C8 Loops No N/A BBS Copper State Edinger Avenue Bolsa Chica Street 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Graham Street 70 65 70 65 Huntington Beach Permissive Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Springdale Street 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Edwards Street 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Goldenwest Street 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Golden West College 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Gothard Street 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Fortuna Lane 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Sher Lane 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Parkside Lane 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Beach Boulevard 140 130 140 130 Caltrans Protected Permissive 332 2070 C8 Loops No N/A BBS Copper Newland Street 130 130 130 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Goldenwest Street McFadden Avenue 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Wireless Transparity Offline Rustler (Golden West College)140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Wireless Transparity Offline Edinger Avenue 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper Transparity Online Heil Avenue 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Fiber Transparity Offline Norma Dr/ Lydia Dr 140 130 140 130 Huntington Beach Permissive Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Fiber Transparity Offline Warner Avenue 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Fiber Transparity Online Slater Avenue 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Fiber Transparity Online Rio Vista Drive 140 130 140 130 Huntington Beach PPLT Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Fiber Transparity Online Library/Senior Center (Talbert)140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Fiber Transparity Online Ellis Avenue 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Fiber Transparity Online Garfield Avenue 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Video Yes N/A BBS Fiber Transparity Online Summit Drive 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Video Yes N/A BBS Fiber Transparity Online Yorktown Avenue 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Video Yes N/A BBS Fiber Transparity Online Palm Avenue Free Free Free Free Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Video Yes N/A BBS Copper Transparity Online Orange Avenue Free Free Free Free Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Video Yes N/A BBS Copper Transparity Online Pacific Coast Highway 120 Free 120 Free Caltrans Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper State Magnolia Street Garfield Avenue 140 130 140 130 Huntington Beach PPLT Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Fiber Transparity Online Home Depot 140 130 140 130 Huntington Beach PPLT Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Fiber Transparity Online Yorktown Avenue 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Fiber Transparity Online Adams Avenue 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes Cohu BBS Fiber Transparity Online Indianapolis Avenue 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Fiber Transparity Online Atlanta Avenue 140 130 140 130 Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Fiber Transparity Online Edison H.S.Free Free Free Free Huntington Beach Protected Permissive 332 2070 Omni Loops Yes N/A N/A Fiber Transparity Online Hamilton Avenue Free Free Free Free Huntington Beach PPLT Permissive 332 170/170E BI Tran 200/233 Loops Yes Cohu BBS Fiber Transparity Online181 Corridor Cross Street Intersection AM MID PM WKND Maintenance Responsibility Left Right Other Cabinet Type Software Detection Bike Detection CCTV Power Backup Comm Other ITS ATMS Status Cycle Length Operations Equipment Banning Avenue Free Free Free Free Huntington Beach Protected Permissive 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Fiber Transparity Online Pacific Coast Highway 120 Free 120 Free Caltrans Protected Permissive 332 170/170E BI Tran 200/233 Loops No N/A BBS Copper State Pacific Coast Highway Anderson Street 120 Free 140 Free Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Admiralty Lane / 18th Street 120 Free 140 Free Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Broadway 120 Free 140 Free Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Corral Cay Ln/ 5th Street 120 Free 140 Free Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Warner Avenue 130 120 140 Free Caltrans Protected Permissive 332 2070 TSCP Loops Yes N/A BBS Copper State Bolsa Chica State Beach Free Free Free Free Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Seapoint Avenue Free Free Free Free Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Goldenwest Street 120 Free 120 Free Caltrans Protected Permissive 332 2070 TSCP Loops Yes N/A BBS Copper State Seventeenth Street 120 Free 120 Free Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Ninth Street 120 Free 120 Free Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Sixth Street 120 Free 120 Free Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Main Street 120 Free 120 Free Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State First Street 120 Free 120 Free Caltrans Protected Permissive 332 2070 TSCP Loops Yes N/A BBS Copper State Huntington Street 120 Free 120 Free Caltrans Protected Permissive 332 2070 TSCP Loops Yes N/A BBS Copper State Twin Dolphin Drive 120 Free 120 Free Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Beach Boulevard 140 Free 140 Free Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Newland Street 120 Free 120 Free Caltrans Protected Permissive 332 2070 TSCP Loops Yes N/A BBS Copper State Magnolia Street 120 Free 120 Free Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Brookhurst Street 120 Free 120 Free Caltrans Protected Permissive 332 2070 TSCP Loops No N/A BBS Copper State Talbert Avenue Beach Boulevard 140 130 140 130 Caltrans Protected Permissive 332 2070 C8 Loops No N/A BBS Copper State Walmart Driveway Free 120 120 Free Huntington Beach Protected Permissive 332 2070 Omni Video Yes Bosch N/A Fiber Transparity Offline Newland Street 120 120 120 Free Huntington Beach Protected Permissive 332 2070 Omni Loops Yes Bosch BBS Fiber Transparity Online Warner Avenue Pacific Coast Highway 120 100 100 100 Caltrans Protected Perm/Overlap 332 170/170E BI Tran 200/233 Loops Yes N/A BBS Copper State Fire Signal/ Warner Dock (y)(y)(y)(y)Huntington Beach Permissive Permissive 332 2070 Omni Loops Yes Bosch BBS Fiber Transparity Offline Algonquin Street 140 130 140 130 Huntington Beach Protected Permissive 332 2070 Omni Loops Yes Bosch BBS Fiber Transparity Online Bolsa Chica Street 140 130 140 130 Huntington Beach Protected Permissive 332 2070 Omni Loops Yes Bosch BBS Fiber Transparity Online Greentree Lane/ Plaza Lane 140 130 140 130 Huntington Beach Protected Permissive 332 2070 Omni Loops Yes N/A BBS Fiber Transparity Online Graham Street 140 130 140 130 Huntington Beach Protected Permissive 332 2070 Omni Loops Yes N/A BBS Fiber Transparity Online Springdale Street 140 130 140 130 Huntington Beach Protected Permissive 332 2070 Omni Loops Yes Bosch BBS Fiber Transparity Online Edwards Street 140 130 140 130 Huntington Beach Protected Permissive 332 2070 Omni Loops Yes N/A BBS Fiber Transparity Online Goldenwest Street 140 130 140 130 Huntington Beach Protected Permissive 332 2070 Omni Loops Yes Bosch BBS Fiber Transparity Online Home Depot 140 130 140 130 Huntington Beach Protected Permissive 332 2070 Omni Loops Yes N/A BBS Fiber Transparity Online Gothard Street 140 130 140 130 Huntington Beach Protected Permissive 332 2070 Omni Loops Yes Bosch BBS Fiber Transparity Online Nichols Street 140 130 140 130 Huntington Beach Protected Permissive 332 2070 Omni Loops Yes N/A BBS Fiber Transparity Online Ash Street 140 130 140 130 Huntington Beach PPLT Permissive 332 2070 Omni Loops Yes N/A BBS Fiber Transparity Online Beach Boulevard 140 130 140 130 Caltrans Protected Permissive 332 2070 C8 Loops No N/A BBS Fiber State Rotterdam Lane 140 130 140 130 Huntington Beach Protected Permissive 332 2070 Omni Loops Yes N/A BBS Fiber Transparity Online Newland Street 140 130 140 130 Huntington Beach Protected Permissive 332 2070 Omni Loops Yes N/A BBS Fiber Transparity Online (y) indicates intersection receives an end of yellow sync pulse from adjacent intersection Intersections designated as offline but running coordination are operating under time-based coordination. With upgrades to the TMC underway, intersections designated as "online" may be offline while work is in progress. Time-based coordination is maintained during this period.182 SECTION FOUR TRAFFIC SIGNAL SYNCHRONIZATION SYSTEM AND THREE YEAR PLAN The City of Huntington Beach utilizes in-house staff for the maintenance and operations of the traffic signal system. The traffic signal system maintenance and operations are only one of numerous duties that these staff members perform, so there is no exact dollar amount that is dedicated to traffic signal synchronization. The City of Huntington Beach has several traffic signal communication construction projects that have either been completed within the past three years or are currently underway. Four current projects are under the Orange County Transportation Authority’s Regional Traffic Signal Synchronization Program (RTSSP). These projects include conduit and fiber optic installation along segments of Warner Avenue, Edinger Avenue and Talbert Avenue. The fiber optic cable installation is complete along Talbert Avenue and Warner Avenue and is scheduled to begin this summer on Edinger Avenue. A fourth RTSSP project along Bolsa Avenue will maintain the existing twisted copper interconnect cable for communication and will include controller and detection upgrades. All four of these RTSSP projects will include the installation of updated coordinated traffic signal timing. The projects along Edinger Avenue, Warner Avenue and Talbert Avenue will include the installation of new closed circuit television cameras. City funded projects completed within the past three years include installation of fiber optic cable and conduit along Lake Street and the replacement of existing twisted copper interconnect cable along Garfield Avenue and Main Street as part of the buildout of the City’s fiber optic backbone. The City of Huntington Beach has one project pending under the Orange County Transportation Authority’s Regional Traffic Signal Synchronization Program (RTSSP). This project, in conjunction with the Cities of Garden Grove and Westminster, will provide improvements along Bolsa Chica Street within the City of Huntington Beach from Rancho Road to Warner Avenue. This project includes the change out of approximately one and one-half miles of twisted pair copper interconnect cable to fiber optic cable. Also included is the change out of four existing type 170 controllers to 2070 ATC controllers and the installation of three CCTV cameras. 183 The Traffic Signal Synchronization Reporting Forms as provided in the guidelines are included as Tables 2 and 3. Only the projects located on the Regional Traffic Signal Synchronization Master Plan roadway network are shown. Table 4 lists candidate signal synchronization projects. These projects, while not funded at this time, have been identified in the City’s Traffic Signal System Master Plan. For purposes of the unconstrained three year outlook of Table 3, two projects from Table 4 have been identified as candidate projects; the North Fiber Backbone Completion and the Goldenwest Street Fiber Optic installation. Actual project selection will be based on funding opportunities and restrictions. 184 Table 2 3-YEAR OUTLOOK TRAFFIC SIGNAL SYNCHRONIZATION Funding Needs for Synchronized Operation (Constrained) Reporting Jurisdiction Expenditures: City of Huntington Beach _ Type of Traffic Signal Synchronization Expenditures in Year of Expenditure Dollars MAINTENANCE PROJECT FY 23/24 FY 24/25 FY 25/26 TOTAL Communication and Software Maintenance 20,000 20,000 20,000 60,000 Subtotal Maintenance 20,000 20,000 20,000 60,000 CONSTRUCTION PROJECT FY 23/24 FY 24/25 FY 25/26 TOTAL Bolsa Chica Street TSSP (OCTA) 760,000 760,000 Subtotal Construction 760,000 760,000 OPERATIONS PROJECT FY 23/24 FY 24/25 FY 25/26 TOTAL Citywide Signal Timing Maintenance 10,000 10,000 10,000 30,000 Subtotal Operations 10,000 10,000 10,000 30,000 790,000 30,000 30,000 850,000 185 Table 3 3-YEAR OUTLOOK TRAFFIC SIGNAL SYNCHRONIZATION Funding Needs for Synchronized Operation (Unconstrained) Reporting Jurisdiction Expenditures: City of Huntington Beach _ Type of Traffic Signal Synchronization Expenditures in Year of Expenditure Dollars MAINTENANCE PROJECT FY 23/24 FY 24/25 FY 25/26 TOTAL Communication and Software Maintenance 80,000 80,000 80,000 240,000 Subtotal Maintenance 80,000 80,000 80,000 240,000 CONSTRUCTION PROJECT FY 23/24 FY 24/25 FY 25/26 TOTAL Citywide Signal Synchronization (a) DESIGN 25,000 50,000 75,000 CONSTRUCTION 800,000 900,000 1,700,000 Carryover from table 2 760,000 760,000 Subtotal Construction 760,000 825,000 950,000 2,535,000 OPERATIONS PROJECT FY 22/24 FY 24/25 FY 25/26 TOTAL Citywide Signal Timing Maintenance 90,000 90,000 90,000 270,000 Consultant Services – Signal Timing 150,000 150,000 300,000 Subtotal Operations 90,000 240,000 240,000 570,000 930,000 1,145,000 1,270,000 3,345,000 (a) For illustrative purposes, projects include the North Backbone Fiber Completion project and the Goldenwest Street Fiber Optic Installation (as shown in table 4). Actual candidate projects are contained in Table 4 and project selection will depend upon funding opportunities and restrictions. 186 Table 4 LSSP IMPLEMENTATION – CANDIDATE SIGNAL SYNCHORNIZATION PROJECTS WITH ESTIMATED COSTS Reporting Jurisdiction Expenditures: City of Huntington Beach The following projects, while not funded at this time, have been identified in the City’s Traffic Signal System Master Plan. These projects will be considered as funding opportunities are identified. CORRIDOR IMPROVEMENT SUMMARY ESTIMATED COST Magnolia Street Install interconnect conduit and fiber optic cable from Hamilton Avenue to Pacific Coast Highway. $650,000 Goldenwest Street Install interconnect conduit and fiber optic cable from Bolsa Avenue to Heil Avenue. Install fiber optic cable in existing conduit from Yorktown Avenue to Pacific Coast Highway $950,000 North Backbone Completion Install interconnect conduit and fiber optic cable on Gothard Street from Edinger Avenue to Warner Avenue. $825,000 South Backbone Completion Install interconnect conduit and fiber optic cable on Main Street from Utica Avenue to Orange Avenue/Atlanta Avenue, along Orange Avenue/Atlanta Avenue to Newland Street, along Newland Street from Atlanta Avenue to Hamilton Avenue and along Hamilton Avenue from Newland Street to Brookhurst Street. Install 1.5 miles of fiber in existing conduit. $3,000,000 Citywide Change out of existing 170 controllers to new 2070 ATC controllers $775,000 Total Estimated Cost $6,200,000 187 SECTION FIVE TRAFFIC SIGNAL SYNCHRONIZATION ASSESSMENT REVIEW AND REVISE, AS MAY BE NECESSARY, THE TIMING OF TRAFFIC SIGNALS Significant timing plan updates and projects completed FY 2020/2021 through 2022/2023 Over the past three years, the City of Huntington Beach has undertaken traffic signal retiming efforts on five of the routes within the City that are included in OCTA’s Regional Traffic Signal Synchronization Master Plan. These projects along Magnolia Street, Edinger Avenue, Warner Avenue, Talbert Avenue and Bolsa Avenue were undertaken as part of OCTA’s Regional Traffic Signal Synchronization Program (RTSSP). Smaller scale retiming efforts were undertaken at various locations as changing traffic patterns or opportunities for improvement were identified. Figure 2 is the Corridor Synchronization Performance Index (CSPI) map for the City of Huntington Beach. The CSPI is a performance measure utilized by OCTA that factors the average speed, greens per red and the number of stops per mile. It is a 100 point scale with any score over 80 considered to be “very good progression” and a score under 60 being classified as ‘limited progression”. Adams Avenue The timings on Adams Avenue were updated in 2016 as part of the Adams Avenue RTSSP project and have not been significantly revised since that time. Adams Avenue operates at a cycle length of 130 seconds in the morning, 130 seconds in the midday and 140 seconds in the evening. This provides for continuous coordination in the midday and evening from Beach Boulevard to Ranger Lane. Since Caltrans runs a 120 second cycle in the morning, there is still a break point between Coldwater Lane and Newland Street during this period, although the traffic signals from Lake Street to Coldwater Lane are coordinated with respect to Beach Boulevard. Beach Boulevard Beach Boulevard is a state highway, operated and maintained by Caltrans. The state indicates that there are no immediate plans for retiming. Bolsa Avenue The City of Huntington Beach maintains only five traffic signals at the far westerly end of Bolsa Avenue. With traffic volumes ranging from 15,000 to 19,000 vehicles 188 per day, the negative impacts to cross street traffic will outweigh any benefit of traffic signal coordination on Bolsa Avenue. Currently, an RTSSP project is underway along Bolsa Avenue. This project will develop traffic signal timing recommendations along Bolsa Avenue. At that time, a determination will be made regarding whether to implement the recommended coordination timing and significantly impact cross street delay or to leave the traffic signals running free as they currently operate. Bolsa Chica Street The City maintains coordinated traffic signal timings on Bolsa Chica Street from Bolsa Avenue to Warner Avenue. From Robinwood Drive to Warner Avenue there is a 140 second cycle length in the morning and afternoon and 130 seconds in the midday period. From McFadden Avenue to the north, Bolsa Chica Street has a 120 second cycle length throughout the day. There is currently an OCTA Regional Traffic Signal Synchronization Program (RTSSP) project commencing along Bolsa Chica Street. This project is envisioned to bring the entire segment of Bolsa Chica Street within the City of Huntington Beach to operate under a consistent cycle length. Brookhurst Street The current traffic signal timing was implemented in 2020 as part of an OCTA Regional Traffic Signal Synchronization Program (RTSSP). The existing cycle lengths are 130 seconds in the morning and midday and 140 seconds in the afternoon. Edinger Avenue The timings on Edinger Avenue were updated in 2014 as part of the Edinger Avenue RTSSP project. Currently the Edinger Avenue signals operate on cycle lengths of 140 seconds in the morning, 130 seconds in the midday and 140 seconds in the evening for the segment from Bolsa Chica Street to Beach Boulevard. This provides for continuous coordination with the Caltrans-operated Beach Boulevard and Edinger Avenue intersection. Edinger Avenue from Newland Street eastward into Westminster runs at a cycle length of 130 seconds during peak periods with a free operation during the mid- morning and mid-afternoon periods. Edinger Avenue is being retimed as part of a current OCTA RTSSP project. It is anticipated that the new optimized timings will be installed by summer 2023 and will retain the existing cycle lengths. This project includes the replacement of the 189 existing twister pair copper interconnect cable with fiber optic cable. New 2070 ATC controllers will be installed along with seven new CCTV cameras. Goldenwest Street The timings on Goldenwest Street were last updated in 2016 as part of the Goldenwest Street RTSSP project. The current cycle lengths are 140 seconds in the morning, 130 seconds in the midday and 140 seconds in the evening. As part of a federal Highway Safety Improvement Program (HSIP) project, new interconnect conduit with fiber optic cable was installed along Goldenwest Street from Heil Avenue to Warner Avenue, a distance of approximately one-half mile. This brought two additional signalized intersections into communication with the City’s TMC utilizing fiber optic cable and eliminating the need for a wireless link. Magnolia Street Revised traffic signal timing was implemented in 2020 as part of an OCTA Regional Traffic Signal Synchronization Program (RTSSP) project. This project included the change out of approximately one mile of existing twisted pair interconnect cable with fiber optic cable. In addition, approximately one and one-half mile of new conduit and fiber optic cable was installed, eliminating the need for a wireless link to four signalized intersections. The cycle lengths are 130 seconds in the morning and midday and 140 seconds in the afternoon, maintaining crossing arterial coordination with Adams Avenue. Pacific Coast Highway Pacific Coast Highway is a state highway, operated and maintained by Caltrans. The state indicates that there are no immediate plans for retiming. Talbert Avenue Revised traffic signal timing was implemented in 2023 as part of an OCTA Regional Traffic Signal Synchronization Program (RTSSP) project. The current cycle lengths are 140 seconds in the morning, 130 seconds in the midday and 140 seconds in the evening. As part of the RTSSP project, new fiber optic cable and conduit was installed along with CCTV cameras. Warner Avenue Warner Avenue from Algonquin Street to Newland Street was retimed in 2023 as part of an RTSSP project. Coordinated traffic signal timings operate at a cycle lengths of 140 seconds in the morning, 130 seconds in the midday and 140 seconds in the evening. This provides for continuous coordination with the Caltrans-operated Beach Boulevard and Warner Avenue intersection. 190 Included with the 2023 RTSSP project is the change out of the existing 170 controllers to 2070 ATC controllers and the installation of seven CCTV cameras. As the new timing has been recently implemented, the after-analysis is not complete and it can be anticipated that there may be fine tuning adjustments. General Signal Timing Practice It is typically the City’s practice to coordinate its major arterials at 140 seconds in the morning and afternoon periods and at 130 seconds in the midday to ensure consistency with Caltrans at Beach Boulevard. The exception to this practice is along Adams Avenue, Brookhurst Street and Magnolia Street, which run at a cycle length of 130 seconds during the morning period. Caltrans morning cycle length south of Ellis Avenue is 120 seconds, which cannot be accommodated along Adams Avenue, Magnolia Street and Brookhurst while maintaining an acceptable operation including accommodation of proper clearance intervals. Coordination Equipment In 2011, the city completed a Traffic Signal System Master Plan (TSSMP) which planned out a communication system for the City. Principal elements in this plan include establishing hardwire communications to almost all signalized intersections and creating a fiber optic backbone for system reliability and redundancy. The RTSSP projects on Goldenwest Street, Edinger Avenue, Warner Avenue, Magnolia Street, Brookhurst Street, Adams Avenue and Talbert Avenue placed fiber optic cable and conduit along most of the City’s major arterials, connecting with the City’s traffic management center located in City Hall. The TSSMP identified two fiber optic backbones and additional conduit and cable links to ensure a comprehensive traffic signal system operation. Over the past three years, the City has upgraded approximately three miles of its existing network of copper interconnect cable to fiber optic cable. In addition, approximately four and one-half miles of new communication conduit and fiber optic cable has been installed along with approximately one mile of new conduit with twisted pair copper interconnect cable, which can be upgraded to fiber optic cable in the future. A component of the Traffic Signal System Master Plan is to identify opportunities to communicate with the traffic signal systems in the adjacent cities and with Caltrans. Although no formal projects have been programmed, intertie opportunities have been identified with Westminster at the intersection of Bolsa Chica Street and Rancho Road, Fountain Valley at the intersection of Warner Avenue and Magnolia Street and with Costa Mesa at the intersection of Adams Avenue and Shantar Drive. 191 Currently approved OCTA RTSSP projects will install approximately one and one- half mile of additional conduit and approximately six miles of fiber optic cable, toward a goal of interconnecting virtually every City traffic signal and providing the gateway for interagency communication. 192 Table 5 TRAFFIC SIGNAL SYNCHRONIZATION ASSESSMENT, REVIEW, AND REVISION LOCAL AGENCY CORRIDOR TIMING REVIEWED (Past 3 Years) DID TIMING REQUIRE AN UPDATE? TIMING UPDATE RESULTS (if available) Speed Travel Stops per mile Greens per red CSPI Score* Before After Before After Before After Before After Adams Avenue No (c) No Significant Timing Modifications Beach Boulevard (CALTRANS) (b) (c) Studies not available. Bolsa Avenue Yes (a) Current TSSP Corridor – Timing Study Underway Bolsa Chica Street No (d) Current TSSP Corridor – Project Commences Fall 2023 Brookhurst Street Yes Winter 2020 No Significant Timing Modifications Edinger Avenue Yes (a) Current TSSP Corridor – Timing Study Underway Goldenwest Street No (c) No Significant Timing Modifications Magnolia Street Yes Summer 2020 (b) 26.4 (b) 1.4 (b) 1.9 (b) 66.0 Pacific Coast Hwy. (CALTRANS) (b) (c) Studies not available. Talbert Avenue Yes (a) Current TSSP Corridor – Timing Study Underway Warner Avenue Yes (a) Current TSSP Corridor – Timing Study Underway * Optional (a)- Current TSSP corridor. New timing planned 2023 (b)- Information not available (c)- No significant modifications (Cycles and offsets unchanged) (d)- Current TSSP corridor ---------,...._ -193 Table 6 SIGNAL TIMING REVISIONS PROJECT CORRIDOR CROSS STREET CYCLE LENGTH (sec)(a) Magnolia Street Garfield Avenue 130/130/140 Hamilton Avenue Warner Avenue Algonquin Street 140/130/140 (b) Newland Street (a) Indicates AM/MIDDAY/PM (b) Fine tuning / modifications still in progress 194 ?k WESTMINSTER HUNTINGTON BEACH COSTA MESA FOUNTAIN VALLEY SEAL BEACH NEWPORT BEACH %&l( EDINGER WARNER BEACHHEIL HARBOR1STBOLSA BUSHARDSLATER NEWLANDFAIRVIEWMAGNOLIAMCFADDEN PACI FI C COASTADAMS BRISTOLEUCLIDHAZARD BROOKHURSTELLIS 19THEDWARDS RAITTTALBERT GARFIELDGOLDENWEST IRVINEWARDBAKERNEWHOPEGOTHARD BEARGRAHAMSPRINGDALE17TH YORKTOWNMAIN PLACENTIAATLANTA P A L M FAIR VICTORIALAKE NEW PORTDELAWAREBOLSA CHICAMACARTHUR SUNFLOWER INDIANAPOLIS SEGERSTROM WILSON HAMILTON O R A N G E GISLER 2 2 N DSEAL BEACHSOUTH COASTHOOVERRANCHO BANNING C O A S T S E A P O IN T SUPERIORCIVIC CENTER HYLANDARLINGTON M E S A V E R D E DOVERD E L M A R ARGOSY SANTA ANA P A CIFIC VIE WALGONQUIN 4TH S A N TIA G O HEIL SANTA ANAELLIS WARDHEIL BOLSA 17THTRIANGLE SQUARE ASIAN GARDEN MALL BELLA TERRA WESTMINSTER MALL 5 POINTS PLAZA GOLDEN WEST COLLEGE SANTA ANA COLLEGE PAVILIONS PLACE SHOPPING CENTER ORANGE COAST COLLEGE RONA PLAZA LITTLE SAIGON VILLAGE SOUTH COAST PLAZA WESTCLIFF PLAZA 3/22/2023 W:\Requests\PDCS\SP\PA\SignalCoordination\mxd\CSPI_2023_CityMaps\HuntingtonBeachCSPI_Projects_2023-0322.mxd P a c i f i c O c e a n Source: OCTA; Data current as of September 2022. Please check with OCTA prior to CTFP Call for Projects * Eligible for funding upon completion per CTFP Guidelines Corridor Synchronization Performance Index Currently Funded Corridor * Eligible Corridor Tier V Tier IV Tier III Tier II Tier I Less than 50 50 to 60 60.01 to 70 70.01 to 80 More than 80 0 10.5 MilesZ 2023 Corridor Operational Performance Huntington Beach I I I I 'J I I 195 m. ttrc111non 196 Ii] 197 GJ 198 >--d 199 GJ 200 Ii] 201 202 203 I.ON[ (I t/W l,ONf (I t/lV 111',t" (I UN: IOI,' illNf .AN: 4 t L PA!SWC!l -.illOME!XAN SMART STRED .AR.TEIUAL IANl fl)<! !IN[ a L~smet l!lf>..l!O,l'l!w.N MAJOR ARTERIAL ICO' l.'N: t I.INE PIUMARY ARliERJAL (DIVIDED ) W,JE LINE IM.E .ANE ~ a i/W I sEOONDARY AmRIAL (UNDIVIDED ) I lcowCTOR STREET [U DIVIDtDl I Source City of Huntr,gon Beactt (20 14) City of Huntington Beach General Plan 204 205 206 ~' -L---+------t----r-- ! 207 208 LEGEND City of Seal Beach Existing Ci rculation -Major (6 lane divided) --Primary (4 lane divided ) C: ...J -"' McFadden ~ Ave .0 >-"' (/) --Augmented Primary (added capacity) -Secondary (4 lane undivided) -Collector (2 lane undivided ) -Augme nted Collector (ad ded ca pa city) --• Proposed Primary -Reseived Rightofway -State Facili ty D Planning Area ~7-) ~:i~"~~~~~~et~:nd w~,-' '1-_._,,,'·1,,' _..__, ~ Mil.ES iii 0 0 0 City of Westminster iii Slater Ave Talbert Ave Ellis iii -~ Ave a C: "' "' :a rAve iii "E "' .c: "' ::, co City of Fountain Valley Ga rfield Ave I I Yorktown Ave ~-~-~~~~~0 -- lndianapolis Ave City of Costa Mesa Data So urce : Data compiled by PMC (2014 ) Base Map Source: City of Huntington Beach (20 14) 209 City of Seal Beach iii ~ 1ii City of Westminster McFadden1 1I----I-------I----+---~-~...,~ Ave iii City of Fountain Valley ~::..:----,---,---....---+-----,f----f--H Sla ter Ave Bolsa Chica W'eHonds J'<:' e:,0'/j .::--S- ~ .._ -----1 Ta lbert Ave Ave iii .!l! 0 " "' "' 2 iii >' "' .<:: "' :, c:i Garfield Ave I I --1--+----+----1,-....--H---1----+--__J Yo rktown Ave "-1---=1----+-+-,--+--+--H--t-------t------,f •=A,e Indianapolis Ave ,0 ~'Ii ~ 'Q LEGEN D (j 6' <§''If I) ---Downgrade to Primary Downgrade to Collector on MPAH, Augmented Facili ty on Arterial Hwy Plan Delete from MPA H Major City S treets City Limits 0 0.5 I MIL ES if ~0 ;,? # ~ "' s-"" ,$' <ol' City of Costa Mesa Data Sou rce : Data compile d by Stantet Base Map SC1urce : City of Huntington Beach (2Q·~,4) 210 211 GJ 212 Ill m GOLDEN WEST TRANSPORTATION . OCTA CENTER f L. . . 213 ui -~ ,:; UNITED STATES NAVA WEAPONS STATION !)! /"-•• City of ~ •• / Seal Beach LE G E N D C: ...J g i I BOLSA CHICA OG!CAL RESERVE Major City Streets City Limits Bus Ro ute -Route1 •••Route 21 -Route25 -Route29 -Route33 -Route35 •••Route 64 0 I -Route66 •••Route 70 -Route72 •••Route 76 •••Route 178 •••Route 211 -Route701 0 .5 I I ' MILES City of GOLDEN Westminster WEST COLLEGE Ell is Ave ui .!l! 0 C: Cl ., ::;; "' "' ui 1::! ., ,:; </) :, CD City of Fountain Valley "' "' ?leldAve / •-=~~..i.--"'--;l;i-'-ijt.,--+---+11----l----lL -_J Yorktown Ave ~--t---t-1.....--~-'!!!.....!!!!!....ff-!!~!L!7'l,.~-Ji...JIL..!!!!1/"•m • ~• "' "' "' "' nd,anapohs Av e City of Costa Mesa Data Source : Data compiled by Staritec Base Map Source : City of Huntin gton Beach (2014) 214 Ill 215 216 Ill 217 City of Seal Beach C: ..J McFadden Ave LEGEND . TrailAccess 0 Santa Ana River _ Major City Streets ---Horse Trails -+++ Railroads -··· C ity Limits ___ Bike Lane . One Side -Bike Lane on •k Route -Bike Lane/Bi e -Bike Route -Multi-Use Pathway d Bike Blvd ___ Propose ---Proposed Bike Lane d Bike Route -Propose -Proposed Mu lti-Use City of Westminster City of ~,~ Fountain Valley ~~,o'«'G'o~. s••••A" ,,.,,_'¾_ Talbert Ave U ---,---1 cii Ell is ci5 Ave ci5 " "' ,:; "' ::, al Data Ba se Map Source ~ ::, ,:; .:.: ~ al ci5 l:! ~ i p lndianapolisAve I 6 AtlantaAve I ' Hamilton Ave Banning Ave 218 Class 1 Multi-Use Bike Path Class 2 Bike Lane ,_, u ... )...f&. \Paro,g laN! Class 3 Bike Route SignDJ1-1 00 MAY USE FULL LANE Sign R4-11 BIKE LANE I I Provlde.s a completely separated right-of- way for the exclusive use of bl cycles and p e destrian s with cross flow by motorists minimized . o .. cription: RJght-of--way ..,parated from motor 11ehide traffic. Used where adjacent roadway ,peedsand the volume of traffic is too high for sare shared use. Also used for connections through open space areas and pa rl<s, or where no other factl1tytype is fea9bfe . o .. ign Guid lin1111 • Eight foot paved with two foot graded edge minimum width for two-way use. Greater width is recommended for high u,., corridors. • Bike paths adjacent to a highway closet thao five feet from the edge of the shoulder shall include a physical barrier such a, rails, dense shrubs or trees. Refenrnces: Galtrans Highway DQslgn Manual O\ilprer 1000 CalifomlaMUTCD 2012 Provides a striped lane for one-way bike travel on a street or h lghway. o .. crlption: Provides a striped lane for one-way bike travel on a streetor highway. Install ed along streets In corridors where there is significant blcycle demand, and wt.ere there are dlstind needs that can be served by them. In streets with on-Jtreet parking, bike lanes are located between the parking area and the traffic lanes. D ign GuidaJin nc • F,ve foot minimum width for bike lanes located between parki!lg area and traffic lanes. • Four foot m,nlmum width ifno gutter or parking exists. Including II normal two foot gutter, minimum bike lane width shall be five feet 1 ~erenanc,is: Sign R81 (CA) (altrans Highway Design Manual Chapter IOOO & 300 Californla MUTCD 20 12 Provides for shared use of the roadway with motor vehlde traffic. D.scriptioru Within vehicular right-of-way, del neated by directional signage. Used where roadway speeds and traffic vol1Jrne are fairly low and shoulder provlde.i adequate room. Bike Rootes Indicate to eye.lists that there are particular advantages to using these routes compared to alternative routes. D.sign Guidelin es: , Wider than standard ouuide Jane recommencled . • Because eye.lists are pennitted on all roadways (except prohlb,ted freeway•l bicyde routes should offer a higher degree of service than other streets. References: Caltrans Highway o~, lgn Manual Cha~ 1000 CallfornlaMUTCD 2012 Cit y~~ 219 Ii) 220 >--d 221 GJ 222 City of Seal Beach City of Westminster City of Fountain Valley _j ._ ...... ,.---t-----t-----,.---.. ---+-----IJ---_JL....i Slate r Ave ·, . Bolso Chica .,,,. ,-----------------, C' LEGEND Major City St reets City Limits -Majo r Urban Scen ic Corridor -I Mi nor Urban Scen ic Corri dor ■ ■ ■ Landscape Corridor 4) Primary Entry Node (§) Secondary En try Node ~ ·w ~l:i.. s Hunlinl!ton Beath '~ll'.t); / '1 'f-B 0 0 City of Costa Mesa Data So urce: Data compiled by S1antee Sa !i e Mip St1ur-c e : City of Htrn tin~t1;1 n Be.i.cll (2Q 14) \ Cit ~g~ 223 224 Ii] 225 226 227 228 229 230 231 213669.10 ORANGE COUNTY LOCAL TRANSPORTATION AUTHORITY ORDINANCE NO. 3 JULY 24, 2006 AMENDED: November 9, 2012 November 25, 2013 December 14, 2015 (corrected March 14, 2016) June 22, 2020 May 24, 2021 Orange County Local Transportation Authority 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Tel: (714) 560-6282 232 213669.10 Measure M2 Amendments Ordinance Amendment 1.November 25, 2013 •Strengthens the eligibility and selection process for TOC members to prevent any person with a financial conflict of interest from serving as a member.Also requires currently elected or appointed officers who are applying to serve on the TOC to complete an “Intent to Resign” form. 2.December 14, 2015 (corrected March 14, 2016) •Accounts for additional funding from Project T allocated to the Fare Stabilization Program by changing Attachment B language to reflect a 1.47% delegation (rather than 1%) of Project U funding towards Fare Stabilization.Corrected amendment language was presented to the Board on March 14, 2016. 3. June 22, 2020 •Temporarily changes the maintenance of effort requirements for fiscal year 2019-20 and fiscal year 2020-21 to assist local jurisdictions through the unprecedented period of uncertainty due to the economic impacts of the coronavirus pandemic. 4.May 24, 2021 •Extends temporary changes for maintenance of effort requirements for fiscal year 2020-21 into fiscal year 2021-22 to continue assisting local jurisdictions during the coronavirus pandemic. Transportation Investment Plan Amendments 1.November 9, 2012 •Reallocation of Funds within Freeway Program Between SR-91 and I-405 2.December 14, 2015 (corrected March 14, 2016) •Closeout of Project T and Reallocation of Remaining Funds within Transit Program between Metrolink Service Expansion (Project R) and Fare Stabilization Program (Project U). Corrected amendment language was presented to the Board on March 14, 2016. 233 213669.10 TABLE OF CONTENTS Ordinance No. 3 Page Preamble ...............................................................................................1 Section 1.Title.........................................................................................1 Section 2.Summary ................................................................................2 Section 3.Imposition of Retail Transactions and Use Tax ......................2 Section 4.Purposes ................................................................................2 Section 5.Bonding Authority ...................................................................3 Section 6.Maintenance of Effort Requirements ......................................3 Section 7.Administration .........................................................................4 Section 8.Annual Appropriations Limit....................................................5 Section 9.Effective and Operative Dates ................................................5 Section 10.Safeguards of Use of Revenues .............................................5 Section 11.Ten-Year Comprehensive Program Review ...........................6 Section 12.Amendments ..........................................................................7 Section 13.Request for Election ...............................................................7 Section 14.Effect on Ordinance No. 2 ......................................................8 Section 15.Severability .............................................................................9 ATTACHMENT A –Renewed Measure M Transportation Investment Plan ...................................A-1 ATTACHMENT B -Allocation of Net Revenues Section I.Definitions ...............................................................................B-1 ---- 234 213669.10 Section II.Requirements .........................................................................B-4 Section III.Requirements for Eligible Jurisdictions ...................................B-7 Section IV.Allocation of Net Revenues; General Provisions ....................B-10 Section V.Allocation of Net Revenues; Streets and Roads Programs/Projects.......................................................B-12 Section VI.Allocation of Net Revenues; Transit Programs/ Projects ..................................................................................B-14 Section VII.Allocation of Net Revenues; Environmental Cleanup Projects ..................................................................................B-17 ATTACHMENT C - Taxpayer Oversight Committee Section I.Purpose and Organization ......................................................C-1 Section II.Committee Membership .........................................................C-1 Section III.Appointment of Members .......................................................C-2 Section IV.Duties and Responsibilities ....................................................C-4 235 213671.11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No.3 Renewed Measure M Transportation Ordinance and Investment Plan PREAMBLE A.Pursuant to California Public Utilities Code Section 180050, the Orange County Transportation Authority (“Authority”)has been designated as the Orange County Local Transportation Authority by the Orange County Board of Supervisors. B.There has been adopted a countywide transportation expenditure plan, referred to as the Orange County Transportation Investment Plan, dated July 24, 2006, pursuant to California Public Utilities Code Section 180206 (“Plan”), which will be administered by the Authority. C.The Plan provides for needed countywide transportation facility and service improvements which will be funded, in part, by a transactions and use tax of one-half of one percent (1/2%). D.Local Transportation Ordinance Number 2 (“Ordinance No. 2”) funds transportation facility and service improvements through a transactions and use tax of one- half of one percent (1/2%) that will be imposed through March 31, 2011. E.Ordinance No. 3 (“Ordinance”) provides for the continuation of the existing Ordinance No. 2 transactions and use tax of one-half of one percent (1/2%)for an additional period of thirty (30) years to fund transportation facility and service improvements. SECTION 1. TITLE The Ordinance shall be known and may be cited as the Renewed Measure M Transportation Ordinance and Investment Plan. The word “Ordinance,” as used in the Ordinance, shall mean and include Attachment A entitled “Renewed Measure M Transportation Investment Plan,” Attachment B entitled “Allocation of Net Revenues,” and Attachment C entitled “Taxpayer Oversight Committee,” which Attachments A, B and C are attached hereto and incorporated by reference as if fully set forth herein. 236 2 213671.11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2.SUMMARY The Ordinance provides for the implementation of the Orange County Transportation Investment Plan, which will result in countywide transportation improvements for freeways, highways, local streets and roads,bus and rail transit,transportation-related water quality (“Environmental Cleanup”), and transit services for seniors and disabled persons. These needed improvements will be funded by the continuation of the one-half of one percent (1/2%) transaction and use tax for a period of thirty years. The revenues shall be deposited in a special fund and used solely for the identified improvements authorized by the Ordinance. SECTION 3. IMPOSITION OF RETAIL TRANSACTIONS AND USE TAX Subject to approval by the electors, the Authority hereby imposes,in the incorporated and unincorporated territories of Orange County (“County”),in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the California Revenue and Taxation Code and Division 19 (commencing with Section 180000) of the California Public Utilities Code,continuance of the existing retail transactions and use tax at the rate of one-half of one percent (1/2%) commencing April 1, 2011, for a period of thirty years. This tax shall be in addition to any other taxes authorized by law, including any existing or future state or local sales tax or transactions and use tax.The imposition, administration and collection of the tax shall be in accordance with all applicable statutes, laws, rules and regulations prescribed and adopted by the State Board of Equalization. SECTION 4. PURPOSES All of the gross revenues generated from the transactions and use tax plus any interest or other earnings thereon (collectively,“Revenues”),after the deduction for: (i) amounts payable to the State Board of Equalization for the performance of functions incidental to the administration and operation of the Ordinance,(ii)costs for the administration of the Ordinance as provided herein,(iii)two percent (2%)of the Revenues annually allocated for Environmental Cleanup and (iv)satisfaction of debt service requirements of all bonds issued pursuant to the Ordinance that are not satisfied out of 237 3 213671.11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 separate allocations, shall be defined as “Net Revenues” and shall be allocated solely for the transportation purposes described in the Ordinance. SECTION 5. BONDING AUTHORITY “Pay as you go” financing is the preferred method of financing transportation improvements and operations under the Ordinance. However, the Authority may use bond financing as an alternative method if the scope of planned expenditures makes “pay as you go” financing unfeasible.Following approval by the electors of the ballot proposition authorizing imposition of the transactions and use tax and authorizing issuance of bonds payable from the proceeds of the tax, bonds may be issued by the Authority pursuant to Division 19 of the Public Utilities Code, at any time before, on, or after the imposition of taxes, and from time to time, payable from the proceeds of the tax and secured by a pledge of revenues from the proceeds of the tax, in order to finance and refinance improvements authorized by the Ordinance. SECTION 6. MAINTENANCE OF EFFORT REQUIREMENTS It is the intent of the Legislature and the Authority that the Net Revenues allocated to a jurisdiction pursuant to the Ordinance for street and road projects shall be used to supplement existing local discretionary funds being used for transportation improvements. Each jurisdiction is hereby required to annually maintain as a minimum no less than the maintenance of effort amount of local discretionary funds required to be expended by the jurisdiction for local street and road purposes pursuant to the current Ordinance No. 2 for Fiscal Year 2010-2011.The maintenance of effort level for each jurisdiction as determined through this process shall be adjusted effective July 1, 2014 and every three fiscal years thereafter in an amount equal to the percentage change for the Construction Cost Index compiled by Caltrans for the immediately preceding three calendar years, providing that any percentage increase in the maintenance of effort level based on this adjustment shall not exceed the percentage increase in the growth rate in the jurisdiction’s general fund revenues over the same time period. The Authority shall not allocate any Net Revenues to any jurisdiction for any fiscal year until that jurisdiction has certified to the Authority that it 238 4 213671.11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 has included in its budget for that fiscal year an amount of local discretionary funds for streets and roads purposes at least equal to the level of its maintenance of effort requirement. An annual independent audit may be conducted by the Authority to verify that the maintenance of effort requirements are being met by the jurisdiction. Any Net Revenues not allocated pursuant to the maintenance of effort requirement shall be allocated to the remaining eligible jurisdictions according to the formula described in the Ordinance. In order to address the impacts of the novel coronavirus pandemic (commonly referred to as COVID-19), for fiscal year (FY) 2019-20, jurisdictions shall comply with all submittal requirements under the ordinance, including, but not limited to, those requirements under Attachment B (III)-Requirements for Eligible Jurisdictions, but will not be required to meet the required maintenance of effort (MOE) amount for that particular jurisdiction for the FY 2019-20. For FY 2020-21 and FY 2021-22, jurisdictions shall be required to comply with all submittal requirements under the ordinance, including, but not limited to, those requirements under Attachment B (III)-Requirements for Eligible Jurisdictions, but shall only be required to meet the MOE amount for that particular jurisdiction for the FY at the same proportional share of streets and roads discretionary expenditures to general fund revenues based upon the proportion of the FY 2020-21 MOE benchmark to general fund revenues that were reported in their respective Comprehensive Annual Financial Report for FY 2018-19. Jurisdictions are encouraged to use their best efforts during FY 2019-20,FY 2020-21, and FY 2021-22 to meet original MOE levels. SECTION 7. ADMINISTRATION The Authority shall allocate Revenues to fund facilities, services and projects as specified in the Ordinance, and shall administer the Ordinance consistent with the authority cited. Revenues may be expended by the Authority for salaries, wages, benefits, and overhead and for those services, including contractual services, necessary to carry out its responsibilities pursuant to Division 19; however,in no case shall the Revenues expended for salaries and benefits of Authority administrative staff exceed more than one percent 239 5 213671.11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1%) of the Revenues in any year. The Authority shall use, to the extent possible, existing state, regional and local transportation planning and programming data and expertise, and may, as the law permits, contract with any public agency or private firm for services necessary to carry out the purposes of the Ordinance. Expenses incurred by the Authority for administrative staff and for project implementation, including contracting with public agencies and private firms, shall be identified in the annual report prepared pursuant to Section 10, subpart 8, of the Ordinance. SECTION 8.ANNUAL APPROPRIATIONS LIMIT The annual appropriations limit established pursuant to Article XIII. B. of the California Constitution and Section 180202 of the Public Utilities Code shall be established as $1,123 million for the 2006-07 fiscal year. The appropriations limit shall be subject to adjustment as provided by law.All expenditures of the Revenues are subject to the appropriations limit of the Authority. SECTION 9. EFFECTIVE AND OPERATIVE DATES The Ordinance shall be effective on November 8, 2006,if two thirds of the electors vote on November 7, 2006,to approve the ballot measure authorizing the extension of the imposition of the existing tax.The continuance of the imposition of the existing tax authorized by Section 3 of the Ordinance shall be operative on April 1, 2011. SECTION 10.SAFEGUARDS OF USE OF REVENUES The following safeguards are hereby established to ensure strict adherence to the limitations on the use of the Revenues: 1.A transportation special revenue fund (the “Local Transportation Authority Special Revenue Fund”)shall be established to maintain all Revenues. 2.The County of Orange Auditor-Controller (“Auditor-Controller”),in the capacity as Chair of the Taxpayer Oversight Committee,shall annually certify whether the Revenues have been spent in compliance with the Ordinance. 3.Receipt, maintenance and expenditure of Net Revenues shall be distinguishable in each jurisdiction’s accounting records from other funding sources, and 240 6 213671.11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 expenditures of Net Revenues shall be distinguishable by program or project.Interest earned on Net Revenues allocated pursuant to the Ordinance shall be expended only for those purposes for which the Net Revenues were allocated. 4.No Net Revenues shall be used by a jurisdiction for other than transportation purposes authorized by the Ordinance. Any jurisdiction which violates this provision must fully reimburse the Authority for the Net Revenues misspent and shall be deemed ineligible to receive Net Revenues for a period of five (5) years. 5.A Taxpayer Oversight Committee (“Committee”) shall be established to provide an enhanced level of accountability for expenditure of Revenues under the Ordinance. The Committee will help to ensure that all voter mandates are carried out as required.The roles and responsibilities of the Committee, the selection process for Committee members and related administrative procedures shall be carried out as described in Attachment C. 6.A performance assessment shall be conducted at least once every three years to evaluate the efficiency, effectiveness, economy and program results of the Authority in satisfying the provisions and requirements of the Investment Summary of the Plan, the Plan and the Ordinance.A copy of the performance assessment shall be provided to the Committee. 7.Quarterly status reports regarding the major projects detailed in the Plan shall be brought before the Authority in public meetings. 8.Annually the Authority shall publish a report on how all Revenues have been spent and on progress in implementing projects in the Plan, and shall publicly report on the findings. SECTION 11. TEN-YEAR COMPREHENSIVE PROGRAM REVIEW At least every ten years the Authority shall conduct a comprehensive review of all projects and programs implemented under the Plan to evaluate the performance of the overall program and may revise the Plan to improve its performance. The review shall include consideration of changes to local,state and federal transportation plans and 241 7 213671.11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 policies;changes in land use, travel and growth projections;changes in project cost estimates and revenue projections; right-of-way constraints and other project constraints; level of public support for the Plan; and the progress of the Authority and jurisdictions in implementing the Plan.The Authority may amend the Plan based on its comprehensive review, subject to the requirements of Section 12. SECTION 12. AMENDMENTS The Authority may amend the Ordinance, including the Plan, to provide for the use of additional federal, state and local funds, to account for unexpected revenues, or to take into consideration unforeseen circumstances. The Authority shall notify the board of supervisors and the city council of each city in the county and provide them with a copy of the proposed amendments, and shall hold a public hearing on proposed amendments prior to adoption, which shall require approval by a vote of not less than two thirds of the Authority Board of Directors.Amendments shall become effective forty five days after adoption.No amendment to the Plan which eliminates a program or project specified on Page 31 of the Plan shall be adopted unless the Authority Board of Directors adopts a finding that the transportation purpose of the program or project to be eliminated will be satisfied by a different program or project.No amendment to the Plan which changes the funding categories, programs or projects identified on page 31 of the Plan shall be adopted unless the amendment to the Plan is first approved by a vote of not less than two thirds of the Committee.In addition, any proposed change in allocations among the four major funding categories of freeway projects, street and road projects, transit projects and Environmental Cleanup projects identified on page 31 of the Plan, or any proposed change of the Net Revenues allocated pursuant to Section IV C 3 of Attachment B for the Local Fair Share Program portion of the Streets and Roads Projects funding category, shall be approved by a simple majority vote of the electors before going into effect. SECTION 13. REQUEST FOR ELECTION Pursuant to California Public Utilities Code Section 180201, the Authority hereby requests that the County of Orange Board of Supervisors call a special election to be 242 8 213671.11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 conducted by the County of Orange on November 7, 2006, to place the Ordinance before the electors.To avoid any misunderstanding or confusion by Orange County electors, the Authority requests that the Ordinance be identified as “Measure M” on the ballot.The ballot language for the measure shall contain a summary of the projects and programs in the Plan and shall read substantially as follows: “Measure “M,”Orange County Transportation Improvement Plan Shall the ordinance continuing Measure M, Orange County’s half-cent sales tax for transportation improvements, for an additional 30 years with limited bonding authority to fund the following projects: *relieve congestion on the I-5, I-405, 22, 55, 57 and 91 freeways; *fix potholes and resurface streets; *expand Metrolink rail and connect it to local communities; *provide transit services, at reduced rates, for seniors and disabled persons; *synchronize traffic lights in every community; *reduce air and water pollution, and protect local beaches by cleaning up oil runoff from roadways; and establish the following taxpayer protections to ensure the funds are spent as directed by the voters: *require an independent Taxpayer Oversight Committee to review yearly audits to ensure that voter mandates are met; *publish an annual report to the taxpayers on how all funds are spent; and *update the transportation improvement plan every 10 years, with voter approval required for major changes; be adopted for the purpose of relieving traffic congestion in Orange County?” SECTION 14. EFFECT ON ORDINANCE NO. 2 The Ordinance is not intended to modify, repeal or alter the provisions of Ordinance No. 2, and shall not be read to supersede Ordinance No. 2. The provisions of the Ordinance shall apply solely to the transactions and use tax adopted herein.If the Ordinance is not approved by the electors of the County, the provisions of Ordinance No. 2 243 9 213671.11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and all powers, duties, and actions taken thereunder shall remain in full force and effect. SECTION 15. SEVERABILITY If any section, subsection, part, clause or phrase of the Ordinance is for any reason held invalid, unenforceable or unconstitutional by a court of competent jurisdiction, that holding shall not affect the validity or enforceability of the remaining funds or provisions of the Ordinance, and the Authority declares that it would have passed each part of the /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 244 1 Ordinance irrespective of the validity of any other part. 2 APPROVED AND ADOPTED by the Orange County Local Transportation Authority : on the JL{_ day of _c,_=-·1-1_..,.,L~11-, =-=----1 2006. 5 By: ___,_,(J'""'"""1;d=......., .. -.. ,·•1,.;;...;;.;;. ........ ';.;..._"" ...._C~-2~~¼~·.,.;-i:_~"""'_-.............-_. __ Arthur C. Brown. Chairman 6 Orange County Local Transportation Authority . 7 ATTEST: 8 9 By: , ard 10 range oun Local Transportation Authority 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 245 RENEWED MEASURE MRENEWED MEASURE M Transportation Investment PlanTransportation Investment Plan ORANGE COUNTY LOCAL TRANSPORTATION AUTHORITY 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 (714) 560-5066 www.octa.net As amended on December 14, 2015 Approved by voters on November 7, 2006 ATTACHMENT A 246 247 Table of Contents Introduction ............................................................................................2 Overview ................................................................................................3 Freeway Projects Overview ..................................................................................................................5 Orange County Freeway Projects Map ...............................................................6 I-5 Santa Ana Freeway Interchange Improvements ...........................7 I-5 Santa Ana/San Diego Freeway Improvements .............................8 SR-22 Garden Grove Freeway Access Improvements .............................9 SR-55 Costa Mesa Freeway Improvements ...............................................9 SR-57 Orange Freeway Improvements .....................................................10 SR-91 Riverside Freeway Improvements ..................................................11 I-405 San Diego Freeway Improvements .................................................13 I-605 Freeway Access Improvements ........................................................15 All Freeway Service Patrol .....................................................................15 Streets & Roads Projects Overview ................................................................................................................16 Orange County Streets and Roads Projects Map ...........................................17 Regional Capacity Program ...............................................................................18 Regional Traffic Signal Synchronization Program ..........................................19 Local Fair Share Program ...................................................................................20 Transit Projects Overview ................................................................................................................21 Orange County Transit Projects Map ................................................................22 High Frequency Metrolink Service ....................................................................23 Transit Extensions to Metrolink ...........................................................................23 Metrolink Gateways ..............................................................................................24 Expand Mobility Choices for Seniors and Persons with Disabilities............24 Community Based Transit/Circulators ...............................................................25 Safe Transit Stops .................................................................................................25 Environmental Cleanup Overview ................................................................................................................26 Project Description ...............................................................................................27 Taxpayer Safeguards and Audits Overview ................................................................................................................28 Description ..............................................................................................................29 Measure M Investment Summary ........................................................31 1 248 RENEW E DMeasure M Promises Fulfilled On November 6, 1990, Orange County voters approved Measure M, a half-cent local transportation sales tax for twenty years. All of the major projects promised to and approved by the voters are underway or complete. Funds that go to cities and the County of Orange to maintain and improve local street and roads, along with transit fare reductions for seniors and persons with disabilities, will continue until Measure M ends in 2011. The promises made in Measure M have been fulfilled. Continued Investment Needed Orange County continues to grow. By the year 2030, Orange County’s population will increase by 24 percent from 2.9 million in 2000 to 3.6 million in 2030; jobs will increase by 27 percent; and travel on our roads and highways by 39 percent. Without continued investment average morning rush hour speeds on Orange County freeways will fall by 31 percent and on major streets by 32 percent. Responding to this continued growth and broad support for investment in Orange County’s transportation system, the Orange County Transportation Authority considered the transportation projects and programs that would be possible if Measure M were renewed. The Authority, together with the 34 cities of Orange County, the Orange County Board of Supervisors and thousands of Orange County citizens, participated during the last eighteen months in developing a Transportation Investment Plan for consideration by the voters. A Plan for New Transportation Investments The Plan that follows is a result of those efforts. It reflects the varied interests and priorities inherent in the diverse communities of Orange County. It includes continued investment to expand and improve Orange County’s freeway system; commitment to maintaining and improving the network of streets and roads in every community; an expansion of Metrolink rail service through the core of Orange County with future extensions to connect with nearby communities and regional rail systems; more transit service for seniors and disabled persons; and funds to clean up runoff from roads that leads to beach closures. Strong Safeguards These commitments are underscored by a set of strong taxpayer safeguards to ensure that promises made in the Plan are kept. They include an annual independent audit and report to the taxpayers; ongoing monitoring and review of spending by an independent Taxpayer Oversight Committee; requirement for full public review and update of the Plan every ten years; voter approval for any major changes to the Plan; strong penalties for any misuse of funds and a strict limit of no more than one percent for administrative expenses. No Increase in Taxes The traffic improvements detailed in this plan do not require an increase in taxes. Renewal of the existing Measure M one-half cent transportation sales tax will enable all of the projects and programs to be implemented. And by using good planning and sensible financing, projects that are ready to go could begin as early as 2007. Renewing Measure M The projects and programs that follow constitute the Transportation Investment Plan for the renewal of the Measure M transportation sales tax approved by Orange County voters in November of 1990. These improvements are necessary to address current and future transportation needs in Orange County and reflect the best efforts to achieve consensus among varied interests and communities throughout the County. Introduc tion2 RENEW E D~ ~ 249 RENEW E D The Renewed Measure M Transportation Investment Plan is a 30-year, $11.8 billion program designed to reduce traffic congestion, strengthen our economy and improve our quality of life by upgrading key freeways, fixing major freeway interchanges, maintaining streets and roads, synchronizing traffic signals countywide, building a visionary rail transit system, and protecting our environment from the oily street runoff that pollutes Orange County beaches. The Transportation Investment Plan is focused solely on improving the transportation system and includes tough taxpayer safeguards, including a Taxpayer Oversight Committee, required annual audits, and regular, public reports on project progress. The Renewed Measure M Transportation Investment Plan must be reviewed annually, in public session, and every ten years a detailed review of the Plan must take place. If changing circumstances require the voter-approved plan to be changed, those changes must be taken to the voters for approval. Freeways Relieving congestion on the Riverside/Artesia Freeway (SR-91) is the centerpiece of the freeway program, and will include new lanes, new interchanges, and new bridges. Other major projects will make substantial improvements on Interstate 5 (I-5) in southern Orange County and the San Diego Freeway (I-405) in western Orange County. The notorious Orange Crush—the intersection of the I-5, the Garden Grove Freeway (SR-22) and the Orange Freeway (SR-57) near Angel Stadium—will be improved and upgraded. Under the Plan, major traffic chokepoints on almost every Orange County freeway will be remedied. Improving Orange County freeways will be the greatest investment in the Renewed Measure M program: Forty- three percent of net revenues, or $4.871 billion, will be invested in new freeway construction. Streets and Roads More than 6,500 lane miles of aging streets and roads will need repair, rejuvenation and improvement. City streets and county roads need to be maintained regularly and potholes have to be filled quickly. Thirty-two percent of net revenue from the Renewed Measure M Transportation Investment Plan, or $3.625 billion, will be devoted to fixing potholes, improving intersections, synchronizing traffic signals countywide, and making the existing countywide network of streets and roads safer and more efficient. Overview RENEW E D 2 3 250 RENEW E D Public Transit As Orange County continues to grow, building a visionary rail transportation system that is safe, clean and convenient, uses and preserves existing rights-of-way, and, over time, provides high-speed connections both inside and outside of Orange County, is a long term goal. Twenty-five percent of the net revenue from Renewed Measure M, or $2.83 billion, will be dedicated to transit programs countywide. About twenty percent, or $2.24 billion, will be dedicated to creating a new countywide high capacity transit system anchored on the existing, successful Metrolink and Amtrak rail line, and about five percent, or $591 million, will be used to enhance senior transportation programs and provide targeted, safe localized bus service. Environmental Cleanup Every day, more than 70 million gallons of oily pollution, litter, and dirty contaminants wash off streets, roads, and freeways and pour onto Orange County waterways and beaches. When it rains, the transportation-generated beach and ocean pollution increases tenfold. Under the plan, two percent of the gross Renewed Measure M Transportation Investment Plan, or $237 million, will be dedicated to protecting Orange County beaches from this transportation-generated pollution (sometimes called “urban runoff”) while improving ocean water quality. Taxpayer Safeguards and Audits When new transportation dollars are approved, they should go for transportation and transportation purposes alone. No bait-and-switch. No using transportation dollars for other purposes. The original Measure M went solely for transportation purposes. The Renewed Measure M must be just as airtight. One percent of the gross Measure M program, or $118.6 million over 30 years, will pay for annual, independent audits, taxpayer safeguards, an independent Taxpayer Oversight Committee assigned to watchdog government spending, and a full, public disclosure of all Renewed Measure M expenditures. A detailed review of the program must be conducted every ten years and, if needed, major changes in the investment plan must be brought before Orange County voters for approval. Taxpayers will receive an annual report detailing the Renewed Measure M expenditures. Additionally, as required by law, an estimated one and a half percent of the sales taxes generated, or $178 million over 30 years, must be paid to the California State Board of Equalization for collecting the one-half cent sales tax that funds the Renewed Measure M Transportation Investment Plan. In this pamphlet, every specific project, program, and safeguard included in the Renewed Measure M Transportation Investment Plan is explained. Similar details will be provided to every Orange County voter if the measure is placed on the ballot.RENEW E D 4 251 RENEW E D Every day, traffic backs up somewhere on the Orange County freeway system. And, every day, freeway traffic seems to get a little worse. In the past decade, Orange County has made major strides in re-building our aging freeway system. But there is still an enormous amount of work that needs to be done to make the freeway system work well. You see the need for improvement every time you drive on an Orange County freeway. Forty-three percent of net revenues from the Renewed Measure M Transportation Investment Plan is dedicated to improving Orange County freeways, the largest portion of the 30-year transportation plan. SR-91 is the Centerpiece Making the troubled Riverside/Artesia Freeway (SR-91) work again is the centerpiece of the Renewed Measure M Freeway program. The fix on the SR-91 will require new lanes, new bridges, new overpasses, and, in the Santa Ana Canyon portion of the freeway, a diversion of drivers to the Foothill Corridor (SR-241) so the rest of the Orange County freeway system can work more effectively. And there’s more to the freeway program than the fix of SR-91—much more. More than $1 billion is earmarked for Interstate 5 in South County. More than $800 million is slated to upgrade the San Diego Freeway (I-405) between Irvine and the Los Angeles County line. Another significant investment is planned on the congested Costa Mesa Freeway (SR-55). And needed projects designed to relieve traffic chokepoints are planned for almost every Orange County freeway. To make any freeway system work, bottlenecks at interchanges also have to be fixed. The notorious Orange Crush Interchange—where the Santa Ana Freeway (I-5) meets the Orange Freeway (SR-57) and the Garden Grove Freeway (SR-22) in a traffic tangle near Angel Stadium—is in need of a major face lift. And the intersection of Interstate 5 and the Costa Mesa Freeway (SR-55) is also slated for major repair. Pays Big Dividends Local investment in freeways also pays big dividends in the search for other needed freeway dollars. Because of state and federal matching rules, Orange County’s local investment in freeway projects acts as a magnet for state and federal transportation dollars—pulling more freeway construction dollars into the county and allowing more traffic- reducing freeway projects to be built sooner. Innovative Environmental Mitigation A minimum of $243.5 million will be available, subject to a Master Agreement, to provide for comprehensive, rather than piecemeal, mitigation of the environmental impacts of freeway improvements. Using a proactive, innovative approach, the Master Agreement negotiated between the Orange County Local Transportation Authority and state and federal resource agencies will provide higher-value environmental benefits such as habitat protection, wildlife corridors and resource preservation in exchange for streamlined project approvals for the freeway program as a whole. Freeway projects will also be planned, designed and constructed with consideration for their aesthetic, historic and environmental impacts on nearby properties and communities using such elements as parkway style designs, locally native landscaping, sound reduction and aesthetic treatments that complement the surroundings. Freeway Projects Overview RENEW E D 4 5 252 A B C F G H I J K L Orange County Freeway Projects Santa Ana Freeway (I-5)page 7 Santa Ana Freeway/San Diego Freeway (I-5)page 8 Santa Ana Freeway/San Diego Freeway (I-5)page 8 Garden Grove Freeway (SR-22)page 9 Costa Mesa Freeway (SR-55)page 9 Orange Freeway (SR-57)page 10 Riverside Freeway (SR-91)page 11 Riverside Freeway (SR-91)page 12 San Diego Freeway (I-405)page 13-14 Freeway Access Improvements (I-605)page 15 (not mapped) Freeway Service Patrol (not mapped)page 15 A B D C E F NG M K L J H I C 6 E M D m 253 Freeway Projects Santa Ana Freeway (I-5) Interchange Improvements A B RENEW E D 6 7 Project Santa Ana Freeway (I-5) Improvements between Costa Mesa Freeway (SR-55) and “Orange Crush” Area (SR-57) Description: Reduce freeway congestion through improvements at the SR-55/I-5 interchange area between the Fourth Street and Newport Boulevard ramps on I-5, and between Fourth Street and Edinger Avenue on SR-55. Also, add capacity on I-5 between SR-55 and SR-57 to relieve congestion at the “Orange Crush”. The project will generally be constructed within the existing right-of-way. Specific improvements will be subject to approved plans developed in cooperation with local jurisdictions and affected communities. The project will increase freeway capacity and reduce congestion. The current daily traffic volume on this segment of the I-5 between SR-55 and SR-57 is about 389,000. The demand is expected to grow by more than 19 percent by 2030, bringing the daily usage to 464,000 vehicles per day. Regional plans also include additional improvements on I-5 from the “Orange Crush” to SR-91 using federal and state funds. Cost: The estimated cost to improve this section of the I-5 is $470.0 million. Project Santa Ana Freeway (I-5) Improvements from the Costa Mesa Freeway (SR-55) to El Toro “Y” Area Description: Build new lanes and improve the interchanges in the area between SR-55 and the SR-133 (near the El Toro “Y”). This segment of I-5 is the major route serving activity areas in the cities of Irvine, Tustin, Santa Ana and north Orange County. The project will also make improvements at local interchanges, such as Jamboree Road. The project will generally be constructed within the existing right-of-way. Specific improvements will be subject to approved plans developed in cooperation with local jurisdictions and affected communities. The project will increase freeway capacity and reduce congestion. The current traffic volume on this segment of I-5 is about 356,000 vehicles per day and is expected to increase by nearly 24 percent, bringing it up to 440,000 vehicles per day. In addition to the projects described above, regional plans include additional improvements to this freeway at local interchanges, such as Culver Drive, using federal and state funds. Cost: The estimated cost to improve this section of I-5 is $300.2 million..... 254 Project San Diego Freeway (I-5) Improvements South of the El Toro “Y” Description: Add new lanes to I-5 from the vicinity of the El Toro Interchange in Lake Forest to the vicinity of SR-73 in Mission Viejo. Also add new lanes on I-5 between Coast Highway and Avenida Pico interchanges to reduce freeway congestion in San Clemente. The project will also make major improvements at local interchanges as listed in Project D. The project will generally be constructed within the existing right-of-way. Specific improvements will be subject to approved plans developed in cooperation with local jurisdictions and affected communities. The project will increase freeway capacity and reduce congestion. Current traffic volume on I-5 near the El Toro “Y” is about 342,000 vehicles per day. This volume will increase in the future by 35 percent, bringing it up to 460,000 vehicles per day. Regional plans also include construction of a new freeway access point between Crown Valley Parkway and Avery Parkway as well as new off ramps at Stonehill Drive using federal and state funds. Cost: The estimated cost to improve these segments of I-5 is $627.0 million. Project Santa Ana Freeway / San Diego Freeway (I-5) Local Interchange Upgrades Description: Update and improve key I-5 interchanges such as Avenida Pico, Ortega Highway, Avery Parkway, La Paz Road, El Toro Road, and others to relieve street congestion around older interchanges and on ramps. Specific improvements will be subject to approved plans developed in cooperation with local jurisdictions and affected communities. In addition to the project described above, regional plans also include improvements to the local interchanges at Camino Capistrano, Oso Parkway, Alicia Parkway and Barranca Parkway using federal and state funds. Cost: The estimated cost for the I-5 local interchange upgrades is $258.0 million. Mission Viejo Laguna Niguel San Juan Capistrano Dana Point San Clemente Mission Viejo Laguna Niguel San Juan Capistrano Dana Point San Clemente Santa Ana Freeway/San Diego Freeway (I-5) C Freeway Projects D RENEW E D 8 u 0 0 0 255 Project Garden Grove Freeway (SR-22) Access Improvements Description: Construct interchange improvements at Euclid Street, Brookhurst Street and Harbor Boulevard to reduce freeway and street congestion near these interchanges. Specific improvements will be subject to approved plans developed in cooperation with local jurisdictions and affected communities. Regional plans also include the construction of new freeway-to-freeway carpool ramps to the SR-22/I-405 interchange, and improvements to the local interchange at Magnolia Avenue using federal and state funds. Cost: The estimated cost to improve the SR-22 interchanges is $120.0 million. Project Costa Mesa Freeway (SR-55) Improvements Description: Add new lanes to SR-55 between Garden Grove Freeway (SR-22) and the San Diego Freeway (I-405), generally within existing right-of-way, including merging lanes between interchanges to smooth traffic flow. This project also provides for freeway operational improvements for the portion of SR-55 between SR-91 and SR-22. The project will generally be constructed within the existing right-of-way. Specific improvements will be subject to approved plans developed in cooperation with local jurisdictions and affected communities. The project will increase freeway capacity and reduce congestion. This freeway carries about 295,000 vehicles on a daily basis. This volume is expected to increase by nearly 13 percent, bringing it up to 332,000 vehicles per day in the future. In addition to the projects described above, regional plans also include a new street overcrossing and carpool ramps at Alton Avenue using federal and state funds. Cost: The estimated cost for these SR-55 improvements is $366.0 million. Garden Grove Freeway (SR-22) Costa Mesa Freeway (SR-55) Garden Grove Stanton Westminster Santa Ana Tustin Orange Anaheim Buena Park Fullerton Costa Mesa Irvine Westminster Fountain Valley Huntington Beach Garden Grove Los Alamitos Seal Beach Cypress Stanton Freeway Projects E F 8 9 l1 ., 256 Project Orange Freeway (SR-57) Improvements Description: Build a new northbound lane between Orangewood Avenue and Lambert Road. Other projects include improvements to the Lambert interchange and the addition of a northbound truck climbing lane between Lambert and Tonner Canyon Road. The improvements will be designed and coordinated specifically to reduce congestion at SR-57/SR-91 interchange. These improvements will be made generally within existing right-of- way. Specific improvements will be subject to approved plans developed in cooperation with local jurisdictions and affected communities. The project will increase freeway capacity and reduce congestion. The daily traffic volume on this freeway is about 315,000 vehicles. By 2030, this volume will increase by 15 percent, bringing it up to 363,000 vehicles per day. In addition to the project described above, regional plans include new carpool ramps at Cerritos Avenue using federal and state funds. Cost: The estimated cost to implement SR-57 improvements is $258.7 million. Orange Freeway (SR-57) Freeway Projects G RENEW E D 10 257 Project Riverside Freeway (SR-91) Improvements from the Santa Ana Freeway (I-5) to the Orange Freeway (SR-57) Description: Add capacity in the westbound direction and provide operational improvements at on and off ramps to the SR-91 between I-5 and the Orange Freeway (SR-57), generally within existing right-of-way, to smooth traffic flow and relieve the SR-57/SR-91 interchange. Specific improvements will be subject to approved plans developed in cooperation with local jurisdictions and affected communities. The current daily freeway volume along this segment of SR-91 is about 256,000. By 2030, this volume is expected to increase by nearly 13 percent, bringing it up to 289,900 vehicles per day. Cost: The estimated cost for improvements in this segment of SR-91 is $140.0 million. Project Riverside Freeway (SR-91) Improvements from Orange Freeway (SR-57) to the Costa Mesa Freeway (SR-55) Interchange Area Description: Improve the SR-91/SR-55 to SR-91/SR-57 interchange complex, including nearby local interchanges such as Tustin Avenue and Lakeview, as well as adding freeway capacity between SR-55 and SR-57. The project will generally be constructed within the existing right-of- way. Specific improvements will be subject to approved plans developed in cooperation with local jurisdictions and affected communities. Current freeway volume on this segment of the SR-91 is about 245,000 vehicles per day. This vehicular demand is expected to increase by 22 percent, bringing it up to 300,000 vehicles per day in the future. Cost: The estimated cost for these improvements to the SR-91 is $416.5 million. Riverside Freeway (SR-91) Santa Ana Tustin Orange Anaheim Buena Park Fullerton Costa Mesa Westminster Fountain Valley Huntington Beach Garden Grove Los Alamitos Seal Beach Cypress Stanton Placentia Villa Park Anaheim Freeway Projects H I RENEW E D 10 11 258 Project Riverside Freeway (SR-91) Improvements from Costa Mesa Freeway (SR-55) to the Orange/ Riverside County Line Description: This project adds capacity on SR-91 beginning at SR-55 and extending to I-15 in Riverside County. The first priority will be to improve the segment of SR-91 east of SR-241. The goal is to provide up to four new lanes of capacity between SR-241 and Riverside County Line by making best use of available freeway property, adding reversible lanes, building elevated sections and improving connections to SR-241. These projects would be constructed in conjunction with similar coordinated improvements in Riverside County extending to I-15 and provide a continuous set of improvements between SR-241 and I-15. The portion of improvements in Riverside County will be paid for from other sources. Specific improvements will be subject to approved plans developed in cooperation with local jurisdictions and affected communities. This project also includes improvements to the segment of SR-91 between SR-241 and SR-55. The concept is to generally add one new lane in each direction and improve the interchanges. Today, this freeway carries about 314,000 vehicles every day. This volume is expected to increase by 36 percent, bringing it up to 426,000 vehicles by 2030. Cost: The estimated cost for these improvements to the SR-91 is $352.0 million. Placentia Yorba Linda Villa Park Anaheim Riverside Freeway (SR-91) J Freeway Projects RENEW E D 12 Project cost estimate amended on November 9, 2012.259 Project San Diego Freeway (I-405) Improvements between the I-605 Freeway in Los Alamitos area and Costa Mesa Freeway (SR-55) Description: Add new lanes to the San Diego Freeway between I-605 and SR-55, generally within the existing right- of-way. The project will make best use of available freeway property, update interchanges and widen all local overcrossings according to city and regional master plans. The improvements will be coordinated with other planned I-405 improvements in the I-405/SR-22/I-605 interchange area to the north and I-405/SR-73 improvements to the south. The improvements will adhere to recommendations of the Interstate 405 Major Investment Study (as adopted by the Orange County Transportation Authority Board of Directors on October 14, 2005) and will be developed in cooperation with local jurisdictions and affected communities. Today, I-405 carries about 430,000 vehicles daily. The volume is expected to increase by nearly 23 percent, bringing it up to 528,000 vehicles daily by 2030. The project will increase freeway capacity and reduce congestion. Near-term regional plans also include the improvements to the I-405/SR-73 interchange as well as a new carpool interchange at Bear Street using federal and state funds. Cost: The estimated cost for these improvements to the I-405 is $1,072.8 million. San Diego Freeway (I-405) Santa Ana Tustin Orange Anaheim Buena Park Fullerton Costa Mesa Westminster Fountain Valley Huntington Beach Garden Grove Los Alamitos Seal Beach Cypress Stanton Freeway Projects K RENEW E D 12 13 Project cost estimate amended on November 9, 2012.260 Project San Diego Freeway (I-405) Improvements between Costa Mesa Freeway (SR-55) and Santa Ana Freeway (I-5) Description: Add new lanes to the freeway from SR-55 to the I-5. The project will also improve chokepoints at interchanges and add merging lanes near on/ off ramps such as Lake Forest Drive, Irvine Center Drive and SR-133 to improve the overall freeway operations in the I-405/I-5 El Toro “Y” area. The projects will generally be constructed within the existing right-of-way. Specific improvements will be subject to approved plans developed in cooperation with local jurisdictions and affected communities. This segment of the freeway carries 354,000 vehicles a day. This number will increase by nearly 13 percent, bringing it up to 401,000 vehicles per day by 2030. The project will increase freeway capacity and reduce congestion. In addition to the projects described above, regional plans include a new carpool interchange at Von Karman Avenue using federal and state funds. Cost: The estimated cost for these improvements to the I-405 is $319.7 million. San Diego Freeway (I-405) Freeway Projects L RENEW E D 14 261 Project I-605 Freeway Access Improvements Description: Improve freeway access and arterial connection to I-605 serving the communities of Los Alamitos and Cypress. The project will be coordinated with other planned improvements along SR-22 and I-405. Specific improvements will be subject to approved plans developed in cooperation with local jurisdictions and affected communities. Regional plans also include the addition of new freeway-to-freeway carpool ramps to the I-405/ I-605 interchange using federal and state funds. This improvement will connect to interchange improvements at I-405 and SR-22 as well as new freeway lanes between I-405 and I-605. Cost: The estimated cost to make these I-605 interchange improvements is $20.0 million. Project Freeway Service Patrol Description: The Freeway Service Patrol (FSP) provides competitively bid, privately contracted tow truck service for motorists with disabled vehicles on the freeway system. This service helps stranded motorists and quickly clears disabled vehicles out of the freeway lanes to minimize congestion caused by vehicles blocking traffic and passing motorists rubbernecking. Currently Freeway Service Patrol is available on Orange County freeways Monday through Friday during peak commuting hours. This project would assure that this basic level of service could be continued through 2041. As demand and congestion levels increase, this project would also permit service hours to be extended throughout the day and into the weekend. Cost: The estimated cost to support the Freeway Service Patrol Program for thirty years beyond 2011 is $150.0 million. I-605 Freeway Access Improvements Freeway Service Patrol Freeways Projects M N RENEW E D 14 15 ~ ~ 262 RENEW E D Orange County has more than 6,500 lane miles of aging streets and roads, many of which are in need of repair, rejuvenation and improvement. Intersections need to be widened, traffic lights need to be synchronized, and potholes need to be filled. And, in many cases, to make Orange County’s transportation system work smoothly, we need to add additional lanes to existing streets. Thirty-two percent of net revenues from the Renewed Measure M Transportation Investment Plan is dedicated to maintaining streets, fixing potholes, improving intersections and widening city streets and county roads. Making the System Work Making the existing system of streets and roads work better—by identifying spot intersection improvements, filling potholes, repaving worn- out streets—is the basis of making a countywide transportation system work. That basis has to be the first priority. But to operate a successful, countywide system of streets and roads, we need more: street widenings and traffic signals synchronized countywide. And there’s more. Pedestrian safety near local schools needs to be improved. Traffic flow must be smoothed. Street repairs must be made sooner. And, perhaps most importantly, cities and the county must work together—collaboratively—to find simple, low-cost traffic solutions. Renewed Measure M provides financial incentives for traffic improvements that cross city and county lines, providing a seamless, county- wide transportation system that’s friendly to regional commuters and fair to local residents. Better Cooperation To place a higher priority on cooperative, collaborative regional decision-making, Renewed Measure M creates incentives that encourage traffic lights to be coordinated across jurisdictional lines, major street improvements to be better coordinated on a regional basis, and street repair programs to be a high priority countywide. To receive Measure M funding, cities and the county have to cooperate. The Streets and Roads program in Renewed Measure M involves shared responsibilities—local cities and the county set their local priorities within a competitive, regional framework that rewards cooperation, honors best practices, and encourages government agencies to work together. Streets and Roads Projects Overview RENEW E D 16 263 Signal Synchronization Network Orange County Streets and Roads Projects Regional Capacity Program page 18 (not mapped) Nearly 1,000 miles of new lanes Regional Traffic Signal Synchronization Program page 19 (see grid above) Over 750 miles of roadway Over 2,000 coordinated signals Local Fair Share Program page 20 (not mapped) Street maintenance and improvements O P Q 16 17 :.... :·. . . : . . ~ ,;, 264 Streets and Roads Projects OProject Regional Capacity Program Description: This program, in combination with local matching funds, provides a funding source to complete the Orange County Master Plan of Arterial Highways (MPAH). The program also provides for intersection improvements and other projects to help improve street operations and reduce congestion. The program allocates funds through a competitive process and targets projects that help traffic the most by considering factors such as degree of congestion relief, cost effectiveness, project readiness, etc. Local jurisdictions must provide a dollar-for-dollar match to qualify for funding, but can be rewarded with lower match requirements if they give priority to other key objectives, such as better road maintenance and regional signal synchronization. Roughly 1,000 miles of new street lanes remain to be completed, mostly in the form of widening existing streets to their ultimate planned width. Completion of the system will result in a more even traffic flow and efficient system. Another element of this program is funding for construction of railroad over or underpass grade separations where high volume streets are impacted by freight trains along the Burlington Northern Santa Fe railroad in northern Orange County. Cost: The estimated cost for these street improvement projects is $1,132.8 million. Regional Capacity Program RENEW E D 18 265 RENEW E D Project Regional Traffic Signal Synchronization Program Description: This program targets over 2,000 signalized intersections across the County for coordinated operation. The goal is to improve the flow of traffic by developing and implementing regional signal coordination programs that cross jurisdictional boundaries. Most traffic signal synchronization programs today are limited to segments of roads or individual cities and agencies. For example, signals at intersections of freeways with arterial streets are controlled by Caltrans, while nearby signals at local street intersections are under the control of cities. This results in the street system operating at less than maximum efficiency. When completed, this project can increase the capacity of the street grid and reduce the delay by over six million hours annually. To ensure that this program is successful, cities, the County of Orange and Caltrans will be required to work together and prepare a common traffic signal synchronization plan and the necessary governance and legal arrangements before receiving funds. In addition, cities will be required to provide 20 percent of the costs. Once in place, the program will provide funding for ongoing maintenance and operation of the synchronization plan. Local jurisdictions will be required to publicly report on the performance of their signal synchronization efforts at least every three years. Signal equipment to give emergency vehicles priority at intersections will be an eligible expense for projects implemented as part of this program. Cost: The estimated cost of developing and maintaining a regional traffic signal synchronization program for Orange County is $453.1 million. Streets and Roads Projects P Regional Traffic Signal Synchronization Program 18 19 266 Streets and Roads Projects QProject Local Fair Share Program Description: This element of the program will provide flexible funding to help cities and the County of Orange keep up with the rising cost of repairing the aging street system. In addition, cities can use these funds for other local transportation needs such as residential street projects, traffic and pedestrian safety near schools, signal priority for emergency vehicles, etc. This program is intended to augment, rather than replace, existing transportation expenditures and therefore cities must meet the following requirements to receive the funds. 1. Continue to invest General Fund monies (or other local discretionary monies) for transportation and annually increase this commitment to keep pace with inflation. 2. Agree to use Measure M funds for transportation purposes only, subject to full repayment and a loss of funding eligibility for five years for any misuse. 3. Agree to separate accounting for Measure M funds and annual reporting on actual Measure M expenditures. 4. Develop and maintain a Pavement Management Program to ensure timely street maintenance and submit regular public reports on the condition of streets. 5. Annually submit a six-year Capital Improvement Program and commit to spend Measure M funds within three years of receipt. 6. Agree to assess traffic impacts of new development and require that new development pay a fair share of any necessary transportation improvements. 7. Agree to plan, build and operate major streets consistent with the countywide Master Plan of Arterial Highways to ensure efficient traffic flow across city boundaries. 8. Participate in Traffic Forums with neighboring jurisdictions to facilitate the implementation and maintenance of traffic signal synchronization programs and projects. This requires cities to balance local traffic policies with neighboring cities—for selected streets—to promote more efficient traffic circulation overall. 9. Agree to consider land use planning strategies that are transit-friendly, support alternative transportation modes including bike and pedestrian access and reduce reliance on the automobile. The funds under this program are distributed to cities and the County of Orange by formula once the cities have fulfilled the above requirements. The formula will account for population, street mileage and amount of sales tax collected in each jurisdiction. Cost: The estimated cost for this program for thirty years is $2,039.1 million. Local Fair Share Program RENEW E D 20 267 RENEW E D RENEW E DTransit Overview Building streets, roads and freeways helps fix today’s traffic problems. Building a visionary transit system that is safe, clean and convenient focuses on Orange County’s transportation future. Twenty-five percent of net revenues from the Renewed Measure M Transportation Investment Plan is allocated towards building and improving rail and bus transportation in Orange County. Approximately twenty percent of the Renewed Measure M funds is allocated to developing a creative countywide transit program and five percent of the revenues will be used to enhance programs for senior citizens and for targeted, localized bus service. All transit expenditures must be consistent with the safeguards and audit provisions of the Plan. A New Transit Vision The key element of the Renewed Measure M transit program is improving the 100-year old Santa Fe rail line, known today as the Los Angeles/San Diego (LOSSAN) rail corridor, through the heart of the county. Then, by using this well-established, operational commuter rail system as a platform for future growth, existing rail stations will be developed into regional transportation hubs that can serve as regional transportation gateways or the centerpiece of local transportation services. A series of new, well- coordinated, flexible transportation systems, each one customized to the unique transportation vision the station serves, will be developed. Creativity and good financial sense will be encouraged. Partnerships will be promoted. Transportation solutions for each transportation hub can range from monorails to local mini-bus systems to new technologies. Fresh thinking will be rewarded. The new, localized transit programs will bring competition to local transportation planning, creating a marketplace of transportation ideas where the best ideas emerge and compete for funding. The plan is to encourage civic entrepreneurship and stimulate private involvement and investment. Transit Investment Criteria The guiding principles for all transit investments are value, safety, convenience and reliability. Each local transit vision will be evaluated against clear criteria, such as congestion relief, cost-effectiveness, readiness, connectivity, and a sound operating plan. In terms of bus services, more specialized transit services, including improved van services and reduced fares for senior citizens and people with disabilities, will be provided. Safety at key bus stops will be improved. And a network of community- based, mini-bus services will be developed in areas outside of the central county rail corridor. 20 21 268 Pacific Electric right-of-wayLaguna Niguel Mission Viejo Station San Juan Capistrano Station San Clemente Station Irvine Transportation Center Tustin Station Santa Ana Depot Orange Station Anaheim Canyon Station Anaheim Station Buena Park Station Fullerton Station Orange County Transit Projects High Frequency Metrolink Service ( = existing rail line/stations)page 23 Transit Extensions to Metrolink page 23 Metrolink Gateways (not mapped)page 24 Expand Mobility Choices for Seniors and Persons with Disabilities (countywide; not mapped)page 24 Community Based Transit/Circulators (countywide; not mapped)page 25 Safe Transit Stops (countywide; not mapped)page 25W V U T S R 22 269 Transit Projects Project High Frequency Metrolink Service Description: This project will increase rail services within the county and provide frequent Metrolink service north of Fullerton to Los Angeles. The project will provide for track improvements, more trains, and other related needs to accommodate the expanded service. This project is designed to build on the successes of Metrolink and complement service expansion made possible by the current Measure M. The service will include upgraded stations and added parking capacity; safety improvements and quiet zones along the tracks; and frequent shuttle service and other means, to move arriving passengers to nearby destinations. The project also includes funding for improving grade crossings and constructing over or underpasses at high volume arterial streets that cross the Metrolink tracks. Cost: The estimated cost of capital and operations is $1,129.8 million. Project Transit Extensions to Metrolink Description: Frequent service in the Metrolink corridor provides a high capacity transit system linking communities within the central core of Orange County. This project will establish a competitive program for local jurisdictions to broaden the reach of the rail system to other activity centers and communities. Proposals for extensions must be developed and supported by local jurisdictions and will be evaluated against well-defined and well-known criteria as follows: • Traffic congestion relief • Project readiness, with priority given to projects that can be implemented within the first five years of the Plan • Local funding commitments and the availability of right-of-way • Proven ability to attract other financial partners, both public and private • Cost-effectiveness • Proximity to jobs and population centers • Regional as well as local benefits • Ease and simplicity of connections • Compatible, approved land uses • Safe and modern technology • A sound, long-term operating plan This project shall not be used to fund transit routes that are not directly connected to or that would be redundant to the core rail service on the Metrolink corridor. The emphasis shall be on expanding access to the core rail system and on establishing connections to communities and major activity centers that are not immediately adjacent to the Metrolink corridor. It is intended that multiple transit projects be funded through High Frequency Metrolink Service Transit Extensions to Metrolink R S RENEW E D 22 23 Project R cost estimate amended on December 14, 2015.270 a competitive process and no single project may be awarded all of the funds under this program. These connections may include a variety of transit technologies such as conventional bus, bus rapid transit or high capacity rail transit systems as long as they can be fully integrated and provide seamless transition for the users. Cost: The estimated cost to implement this program over thirty years is $1,000.0 million. Project Convert Metrolink Station(s) to Regional Gateways that Connect Orange County with High-Speed Rail Systems Description: This program will provide the local improvements that are necessary to connect planned future high-speed rail systems to stations on the Orange County Metrolink route. The State of California is currently planning a high-speed rail system linking northern and southern California. One line is planned to terminate in Orange County. In addition, several magnetic levitation (MAGLEV) systems that would connect Orange County to Los Angeles and San Bernardino Counties, including a link from Anaheim to Ontario airport, are also being planned or proposed by other agencies. Cost: The estimated Measure M share of the cost for these regional centers and connections is $57.9 million. Project Expand Mobility Choices for Seniors and Persons with Disabilities Description: This project will provide services and programs to meet the growing transportation needs of seniors and persons with disabilities as follows: • One and forty-seven hundredths percent (1.47%) of net revenues will stabilize fares and provide fare discounts for bus services, specialized ACCESS services and future rail services • One percent of net revenues will be available to continue and expand local community van service for seniors through the existing Senior Mobility Program • One percent will supplement existing countywide senior non-emergency medical transportation services Over the next 30 years, the population age 65 and over is projected to increase by 93 percent. Demand for transit and specialized transportation services for seniors and persons with disabilities is expected to increase proportionately. Cost: The estimated cost to provide these programs over 30 years is $392.8 million. Transit Projects T Metrolink Gateways Expand Mobility Choices for Seniors and Persons with Disabilities U RENEW E D 24 Project T and U cost estimates amended on December 14, 2015.271 RENEW E D Transit Projects V Community Based Transit/Circulators Safe Transit Stops WProject Community Based Transit/Circulators Description: This project will establish a competitive program for local jurisdictions to develop local bus transit services such as community based circulators, shuttles and bus trolleys that complement regional bus and rail services, and meet needs in areas not adequately served by regional transit. Projects will need to meet performance criteria for ridership, connection to bus and rail services, and financial viability to be considered for funding. All projects must be competitively bid, and they cannot duplicate or compete with existing transit services. Cost: The estimated cost of this project is $226.5 million. Project Safe Transit Stops Description: This project provides for passenger amenities at 100 busiest transit stops across the County. The stops will be designed to ease transfer between bus lines and provide passenger amenities such as improved shelters, lighting, current information on bus and train timetables and arrival times, and transit ticket vending machines. Cost: The estimated cost of this project is $25.0 million. 24 25 272 Every day, more than 70 million gallons of oily pollution, litter, and dirty contamination washes off streets, roads and freeways and pours onto Orange County waterways and beaches. When it rains, the transportation-generated pollution increases tenfold, contributing to the increasing number of beach closures and environmental hazards along the Orange County coast. Prior to allocation of funds for freeway, street and transit projects, two percent of gross revenues from the Renewed Measure M Transportation Investment Plan is set aside to protect Orange County beaches from transportation-generated pollution (sometimes called “urban runoff”) and improving ocean water quality. Countywide Competitive Program Measure M Environmental Cleanup funds will be used on a countywide, competitive basis to meet federal Clean Water Act standards for controlling transportation-generated pollution by funding nationally recognized Best Management Practices, such as catch basins with state-of- the-art biofiltration systems; or special roadside landscaping systems called bioswales that filter oil runoff from streets, roads and freeways. The environmental cleanup program is designed to supplement, not supplant, existing transportation- related water quality programs. This clean-up program must improve, and not replace, existing pollution reduction efforts by cities, the county, and special districts. Funds will be awarded to the highest priority programs that improve water quality, keep our beaches and streets clean, and reduce transportation-generated pollution along Orange County’s scenic coastline. Environmental Cleanup Overview RENEW E D 26 ~ ~ 273 XProject Environmental Cleanup Description: Implement street and highway related water quality improvement programs and projects that will assist Orange County cities, the County of Orange and special districts to meet federal Clean Water Act standards for urban runoff. The Environmental Cleanup monies may be used for water quality improvements related to both existing and new transportation infrastructure, including capital and operations improvements such as: • Catch basin screens, filters and inserts • Roadside bioswales and biofiltration channels • Wetlands protection and restoration • Continuous Deflective Separation (CDS) units • Maintenance of catch basins and bioswales • Other street-related “Best Management Practices” for capturing and treating urban runoff This program is intended to augment, not replace existing transportation related water quality expenditures and to emphasize high-impact capital improvements over local operations and maintenance costs. In addition, all new freeway, street and transit capital projects will include water quality mitigation as part of project scope and cost. The Environmental Cleanup program is subject to the following requirements: • Development of a comprehensive countywide capital improvement program for transportation related water quality improvements • A competitive grant process to award funds to the highest priority, most cost-effective projects • A matching requirement to leverage other federal, state and local funds for water quality improvements • A maintenance of effort requirement to ensure that funds augment, not replace existing water quality programs • Annual reporting on actual expenditures and an assessment of the water quality benefits provided • A strict limit on administrative costs and a requirement to spend funds within three years of receipt • Penalties for misuse of any of the Environmental Cleanup funds Cost: The estimated cost for the Environmental Cleanup program is $237.2 million. In addition it is estimated that new freeway, road and transit projects funded by the Renewed Measure M Transportation Investment Plan will include more than $165 million for mitigating water quality impacts.RENEW E D 26 27 Environmental Cleanup • .. s 274 RENEW E D When new transportation dollars are approved, they should go for transportation and transportation alone. No bait-and-switch. No using transportation dollars for other purposes. The original Measure M went solely for transportation. The Renewed Measure M will be just as airtight. And there will be no hidden costs in the program. Prior to allocation of funds for freeway, street and transit projects, one percent of gross revenues from the Renewed Measure M Transportation Investment Plans is set aside for audits, safeguards, and taxpayer protection. By state law, one and one half percent of the gross sales taxes generated by Measure M must be paid to the California State Board of Equalization for collecting the countywide one-half percent sales tax that funds the Transportation Investment Program. Special Trust Fund To guarantee transportation dollars are used for transportation purposes, all funds must be kept in a special trust fund. An independent, outside audit of this fund will protect against cheaters who try to use the transportation funds for purposes other than specified transportation uses. A severe punishment will disqualify any agency that cheats from receiving Measure M funds for a five-year period. The annual audits, and annual reports detailing project progress, will be sent to Orange County taxpayers every year and will be reviewed in public session by a special Taxpayer Oversight Committee that can raise fiscal issues, ask tough questions, and must independently certify, on an annual basis, that transportation dollars have been spent strictly according to the Renewed Measure M Investment Plan. Back to the Voters Of course, over the next 30 years, things will change. Minor adjustments can be made by a 2/3 vote of the Taxpayer Oversight Committee and a 2/3 vote of the Orange County Local Transportation Authority Board of Directors. Major changes must be taken back to voters for authorization. And, every ten years, and more frequently if necessary, the Orange County Local Transportation Authority must conduct a thorough examination of the Renewed Measure M Investment Plan and determine if major changes should be submitted to the voters. There are other important taxpayer safeguards, all designed to insure the integrity of the voter- authorized plans. But each is focused on one goal: guaranteeing that new transportation dollars are devoted to solving Orange County’s traffic problems and that no transportation dollars are diverted to anything else. Taxpayer Safeguards and Audits Overview RENEW E D 28 275 Taxpayer Safeguards and Audits Description: Implement and maintain strict taxpayer safeguards to ensure that the Renewed Measure M Transportation Investment Plan is delivered as promised. Restrict administrative costs to one percent (1%) of total tax revenues and state collection of the tax as prescribed in state law [currently one-and-one-half (1.5%) percent]. Administration of the Transportation Investment Plan and all spending is subject to the following specific safeguards and requirements: Oversight • All spending is subject to an annual independent audit • Spending decisions must be annually reviewed and certified by an independent Taxpayer Oversight Committee • An annual report on spending and progress in implementing the Plan must be submitted to taxpayers Integrity of the Plan • No changes to the Plan can be made without review and approval by 2/3 vote of the Taxpayer Oversight Committee • Major changes to the Plan such as deleting a project or shifting projects among major spending categories (Freeways, Streets & Roads, Transit, Environmental Cleanup) must be ratified by a majority of voters • The Plan must be subject at least every ten years to public review and assessment of progress in delivery, public support and changed circumstances. Any significant proposed changes to the Plan must be approved by the Taxpayer Oversight Committee and ratified by a majority of voters. Fund Accounting • All tax revenues and interest earned must be deposited and maintained in a separate trust fund. Local jurisdictions that receive allocations must also maintain them in a separate fund. • All entities receiving tax funds must report annually on expenditures and progress in implementing projects • At any time, at its discretion, the Taxpayer Oversight Committee may conduct independent reviews or audits of the spending of tax funds • The elected Auditor/Controller of Orange County must annually certify that spending is in accordance with the Plan Spending Requirements • Local jurisdictions receiving funds must abide by specific eligibility and spending requirements detailed in the Streets & Roads and Environmental Cleanup components of the Plan • Funds must be used only for transportation purposes described in the Plan. The penalty for misspending is full repayment and loss of funding eligibility for a period of five years. • No funds may be used to replace private developer funding committed to any project or improvement • Funds shall augment, not replace existing funds • Every effort shall be made to maximize matching state and federal transportation dollars RENEW E D 28 29 Taxpayer Safeguards and Audits ~ ~ 276 RENEW E D Taxpayer Oversight Committee • The committee shall consist of eleven members —two members from each of the five Board of Supervisor’s districts, who shall not be elected or appointed officials—along with the elected Auditor/Controller of Orange County • Members shall be recruited and screened for expertise and experience by the Orange County Grand Jurors Association. Members shall be selected from the qualified pool by lottery. • The committee shall be provided with sufficient resources to conduct independent reviews and audits of spending and implementation of the Plan Collecting the Tax • The State Board of Equalization shall be paid one-and-one-half (1.5) percent of gross revenues each fiscal year for its services in collecting sales tax revenue as prescribed in Section 7273 of the State’s Revenue and Taxation Code Cost: The estimated cost for Safeguards and Audits over thirty years is $296.6 million. 30 Taxpayer Safeguards and Audits ~ ~ 277 RENEW E D I-5 Santa Ana Freeway Interchange Improvements $470.0 I-5 Santa Ana/San Diego Freeway Improvements 1,185.2 SR-22 Garden Grove Freeway Access Improvements 120.0 SR-55 Costa Mesa Freeway Improvements 366.0 SR-57 Orange Freeway Improvements 258.7 SR-91 Riverside Freeway Improvements 908.7* I-405 San Diego Freeway Improvements 1,392.5* I-605 Freeway Access Improvements 20.0 All Freeway Service Patrol 150.0 Regional Capacity Program $1,132.8 Regional Traffic Signal Synchronization Program 453.1 Local Fair Share Program 2,039.1 High Frequency Metrolink Service $1,129.8* Transit Extensions to Metrolink 1,000.0 Metrolink Gateways 57.9* Expand Mobility Choices for Seniors and Persons with Disabilities 392.8* Community Based Transit/Circulators 226.5 Safe Transit Stops 25.0 Clean Up Highway and Street Runoff that Pollutes Beaches $237.2 Collect Sales Taxes (State charges required by law)$178.0 Oversight and Annual Audits 118.6 Measure M Investment Summary Streets & Roads Projects (in millions)$3,625.0 Environmental Cleanup (in millions)$237.2 Transit Projects (in millions)$2,832.0 Taxpayer Safeguards and Audits (in millions)$296.6 A E F G H I J K L M N O P Q X S T U V W Total (2005 dollars in millions)$11,861.9 2005 estimatesin millions Freeway Projects (in millions)$4,871.1 COS TSPROJECTSLOCATION R B C D 30 31 *Asterisk notes project estimates that have been amended since 2006.278 279 214007.11 B-1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT B ALLOCATION OF NET REVENUES I. DEFINITIONS. For purposes of the Ordinance the following words shall mean as stated. A.“Capital Improvement Program”:a multi-year-year funding plan to implement capital transportation projects and/or programs, including but not limited to capacity, safety, operations, maintenance, and rehabilitation projects. B.“Circulation Element”:an element of an Eligible Jurisdiction’s General Plan depicting planned roadways and related policies,including consistency with the MPAH. C.“Congestion Management Program”:a program established in 1990 (California Government Code 65089),for effective use of transportation funds to alleviate traffic congestion and related impacts through a balanced transportation and land use planning process. D.“Eligible Jurisdiction”:a city in Orange County or the County of Orange,which satisfies the requirements of Section III A. E.“Encumbrance”:the execution of a contract or other action to be funded by Net Revenues. F.“Environmental Cleanup”: street, highway, freeway and transit related water quality improvement programs and projects as described in the Plan. G.“Environmental Cleanup Revenues”:Two percent (2%) of the Revenues allocated annually plus interest and other earnings on the allocated revenues, which shall be maintained in a separate account. H.“Expenditure Report”: a detailed financial report to account for receipt, interest earned and use of Measure M and other funds consistent with requirements of the Ordinance. I.“Freeway Project”:the planning, design, construction, improvement, 280 214007.11 B-2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 operation or maintenance necessary for, incidental to, or convenient for a state or interstate freeway. J “Local Fair Share Program”:a formula-based allocation to Eligible Jurisdictions for Street and Road Projects as described in the Plan. K.“Local Traffic Signal Synchronization Plan”:identification of traffic signal synchronization street routes and traffic signals within a jurisdiction. L.“Master Plan of Arterial Highways (MPAH)”:a countywide transportation plan administered by the Authority defining the ultimate number of through lanes for arterial streets,and designating the traffic signal synchronization street routes in Orange County. M.“Net Revenues”:The remaining Revenues after the deduction for: (i) amounts payable to the State Board of Equalization for the performance of functions incidental to the administration and operation of the Ordinance, (ii) costs for the administration of the Ordinance,(iii) two percent (2%)of the Revenues annually allocated for Environmental Cleanup,and (iv) satisfaction of debt service requirements of all bonds issued pursuant to the Ordinance that are not satisfied out of separate allocations. N.“Pavement Management Plan”:a plan to manage the preservation, rehabilitation, and maintenance of paved roads by analyzing pavement life cycles, assessing overall system performance and costs, and determining alternative strategies and costs necessary to improve paved roads. O.“Permit Streamlining”: commitments by state and federal agencies to reduce project delays associated with permitting of freeway projects through development of a comprehensive conservation strategy early in the planning process and the permitting of multiple projects with a single comprehensive conservation strategy. P.“Programmatic Mitigation”:permanent protection of areas of high ecological value, and associated restoration, management and monitoring, to comprehensively compensate for numerous, smaller impacts associated with individual transportation projects. Continued function of existing mitigation features, such as wildlife 281 214007.11 B-3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 passages, is not included. Q.“Project Final Report”:certification of completion of a project funded with Net Revenues, description of work performed, and accounting of Net Revenues expended and interest earned on Net Revenues allocated for the project. R.“Regional Capacity Program”:capital improvement projects to increase roadway capacity and improve roadway operation as described in the Plan. S.“Regional Traffic Signal Synchronization Program”:competitive capital and operations funding for the coordination of traffic signals across jurisdictional boundaries as included in the Traffic Signal Synchronization Master Plan and as described in the Plan. T.“Revenues”:All gross revenues generated from the transactions and use tax of one-half of one percent (1/2%) plus any interest or other earnings thereon. U.“State Board of Equalization”:agency of the State of California responsible for the administration of sales and use taxes. V. “Street and Road Project”: the planning,design, construction, improvement, operation or maintenance necessary for, incidental to, or convenient for a street or road, or for any transportation purpose,including,but not limited to, purposes authorized by Article XIX of the California Constitution. W.“Traffic Forums”:a group of Eligible Jurisdictions working together to facilitate the planning of traffic signal synchronization among the respective jurisdictions. X.“Traffic Signal Synchronization Master Plan”:an element of the MPAH to promote smooth traffic flow through synchronization of traffic signals along designated street routes in the County. Y. “Transit”:the transportation of passengers by bus, rail, fixed guideway or other vehicle. Z.“Transit Project”: the planning, design, construction, improvement, equipment, operation or maintenance necessary for, or incidental to, or convenient for transit facilities or transit services. AA.“Watershed Management Areas”:areas to be established by the 282 214007.11 B-4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 County of Orange, in cooperation with local jurisdictions, or by another public entity with appropriate legal authority,for the management of water run-off related to existing or new transportation projects. II.REQUIREMENTS. The Authority may allocate Net Revenues to the State of California, an Eligible Jurisdiction,or the Authority for any project, program or purpose as authorized by the Ordinance,and the allocation of Net Revenues by the Authority shall be subject to the following requirements: A.Freeway Projects 1.The Authority shall make every effort to maximize state and federal funding for Freeway Projects.No Net Revenues shall be allocated in any year to any Freeway Project if the Authority has made findings at a public meeting that the state or the federal government has reduced any allocations of state funds or federal funds to the Authority as the result of the addition of any Net Revenues. 2.All Freeway Projects funded with Net Revenues, including project development and overall project management, shall be a joint responsibility of Caltrans, the Authority, and the affected jurisdiction(s). All major approval actions, including the project concept, the project location, and any subsequent change in project scope shall be jointly agreed upon by Caltrans, the Authority, and the project sponsors, and where appropriate, by the Federal Highway Administration and/or the California Transportation Commission. 3.Prior to the allocation of Net Revenues for a Freeway Project, the Authority shall obtain written assurances from the appropriate state agency that after the Freeway Project is constructed to at least minimum acceptable state standards, the state shall be responsible for the maintenance and operation of such Freeway Project. 4.Freeway Projects will be built largely within existing rights of way using the latest highway design and safety requirements. However, to the greatest extent possible within the available budget, Freeway Projects shall be implemented using 283 214007.11 B-5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Context Sensitive Design, as described in the nationally recognized Federal Highway Administration (FHWA) Principles of Context Sensitive Design Standards.Freeway Projects will be planned, designed and constructed using a flexible community-responsive and collaborative approach to balance aesthetic, historic and environmental values with transportation safety, mobility, maintenance and performance goals. Context Sensitive Design features include:parkway-style designs; environmentally friendly, locally native landscaping; sound reduction; improved wildlife passage and aesthetic treatments, designs and themes that are in harmony with the surrounding communities. 5.At least five percent (5%)of the Net Revenues allocated for Freeway Projects shall fund Programmatic Mitigation for Freeway Projects. These funds shall be derived by pooling funds from the mitigation budgets of individual Freeway Projects, and shall only be allocated subject to the following: a.Development of a Master Environmental Mitigation and Resource Protection Plan and Agreement (Master Agreement) between the Authority and state and federal resource agencies that includes: (i)commitments by the Authority to provide for programmatic environmental mitigation of the Freeway Projects, (ii)commitments by state and federal resource agencies to reduce project delays associated with permitting and streamline the permit process for Freeway Projects, (iii)an accounting process for mitigation obligations and credits that will document net environmental benefit from regional, programmatic mitigation in exchange for net benefit in the delivery of transportation improvements through streamlined and timely approvals and permitting, and (iv)a description of the specific mitigation actions and expenditures to be undertaken and a phasing, implementation and maintenance plan. (v)appointment by the Authority of a Mitigation and Resource Protection Program Oversight Committee (“Environmental Oversight 284 214007.11 B-6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Committee”) to make recommendations to the Authority on the allocation of the Net Revenues for programmatic mitigation,and to monitor implementation of the Master Agreement. The Environmental Oversight Committee shall consist of no more than twelve members and be comprised of representatives of the Authority, Caltrans, state and federal resource agencies, non-governmental environmental organizations, the public and the Taxpayers Oversight Committee. b.A Master Agreement shall be developed as soon as practicable following the approval of the ballot proposition by the electors.It is the intent of the Authority and state and federal resource agencies to develop a Master Agreement prior to the implementation of Freeway Projects. c.Expenditures of Net Revenues made subject to a Master Agreement shall be considered a Freeway Project and may be funded from the proceeds of bonds issued subject to Section 5 of the Ordinance. B.Transit Projects 1.The Authority shall make every effort to maximize state and federal funding for Transit Projects. No Net Revenues shall be allocated in any year for any Transit Project if the Authority has made findings at a public meeting that the state or the federal government has reduced any allocations of state funds or federal funds to the Authority as the result of the addition of any Revenues. 2.Prior to the allocation of Net Revenues for a Transit Project, the Authority shall obtain a written agreement from the appropriate jurisdiction that the Transit Project will be constructed, operated and maintained to minimum standards acceptable to the Authority. C.Street and Road Projects Prior to the allocation of Net Revenues for any Street and Road Project, the Authority, in cooperation with affected agencies, shall determine the entity(ies) to be responsible for the maintenance and operation thereof. /// 285 214007.11 B-7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III.REQUIREMENTS FOR ELIGIBLE JURISDICTIONS. A.In order to be eligible to receive Net Revenues, a jurisdiction shall satisfy and continue to satisfy the following requirements. 1. Congestion Management Program.Comply with the conditions and requirements of the Orange County Congestion Management Program (CMP) pursuant to the provisions of Government Code Section 65089. 2.Mitigation Fee Program. Assess traffic impacts of new development and require new development to pay a fair share of necessary transportation improvements attributable to the new development. 3.Circulation Element. Adopt and maintain a Circulation Element of the jurisdiction’s General Plan consistent with the MPAH. 4.Capital Improvement Program. Adopt and update biennially a six-year Capital Improvement Program (CIP).The CIP shall include all capital transportation projects, including projects funded by Net Revenues, and shall include transportation projects required to demonstrate compliance with signal synchronization and pavement management requirements. 5.Traffic Forums. Participate in Traffic Forums to facilitate the planning of traffic signal synchronization programs and projects.Eligible Jurisdictions and Caltrans,in participation with the County of Orange and the Orange County Division of League of Cities, will establish the boundaries for Traffic Forums.The following will be considered when establishing boundaries: a.Regional traffic routes and traffic patterns; b.Inter-jurisdictional coordination efforts; and c.Total number of Traffic Forums. 6.Local Traffic Signal Synchronization Plan. Adopt and maintain a Local Traffic Signal Synchronization Plan which shall identify traffic signal synchronization street routes and traffic signals; include a three-year plan showing costs, available funding 286 214007.11 B-8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and phasing of capital, operations and maintenance of the street routes and traffic signals; and include information on how the street routes and traffic signals may be synchronized with traffic signals on the street routes in adjoining jurisdictions. The Local Traffic Signal Synchronization Plan shall be consistent with the Traffic Signal Synchronization Master Plan. 7.Pavement Management Plan. Adopt and update biennially a Pavement Management Plan, and issue,using a common format approved by the Authority, a report every two years regarding the status of road pavement conditions and implementation of the Pavement Management Plan. a.Authority, in consultation with the Eligible Jurisdictions, shall define a countywide management method to inventory, analyze and evaluate road pavement conditions, and a common method to measure improvement of road pavement conditions. b.The Pavement Management Plan shall be based on: either the Authority’s countywide pavement management method or a comparable management method approved by the Authority,and the Authority’s method to measure improvement of road pavement conditions. c.The Pavement Management Plan shall include: (i)Current status of pavement on roads; (ii)A six-year plan for road maintenance and rehabilitation, including projects and funding; (iii)The projected road pavement conditions resulting from the maintenance and rehabilitation plan; and (iv)Alternative strategies and costs necessary to improve road pavement conditions. 8.Expenditure Report.Adopt an annual Expenditure Report to account for Net Revenues,developer/traffic impact fees, and funds expended by the Eligible Jurisdiction which satisfy the Maintenance of Effort requirements.The Expenditure 287 214007.11 B-9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Report shall be submitted by the end of six (6) months following the end of the jurisdiction’s fiscal year and include the following: a.All Net Revenue fund balances and interest earned. b.Expenditures identified by type (i.e., capital, operations, administration, etc.), and program or project . 9.Project Final Report. Provide Authority with a Project Final Report within six months following completion of a project funded with Net Revenues. 10.Time Limits for Use of Net Revenues. a.Agree that Net Revenues for Regional Capacity Program projects and Regional Traffic Signal Synchronization Program projects shall be expended or encumbered no later than the end of the fiscal year for which the Net Revenues are programmed. A request for extension of the encumbrance deadline for no more than twenty-four months may be submitted to the Authority no less than ninety days prior to the deadline. The Authority may approve one or more requests for extension of the encumbrance deadline. b.Agree that Net Revenues allocated for any program or project, other than a Regional Capacity Program project or a Regional Traffic Signal Synchronization Program project, shall be expended or encumbered within three years of receipt. The Authority may grant an extension to the three-year limit, but extensions shall not be granted beyond a total of five years from the date of the initial funding allocation. c.In the event the time limits for use of Net Revenues are not satisfied then any retained Net Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to the Authority and these Net Revenues and interest earned thereon shall be available for allocation to any project within the same source program. 11.Maintenance of Effort.Annual certification that the Maintenance of Effort requirements of Section 6 of the Ordinance have been satisfied. 12.No Supplanting of Funds. Agree that Net Revenues shall not be 288 214007.11 B-10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 used to supplant developer funding which has been or will be committed for any transportation project. 13.Consider, as part of the Eligible Jurisdiction’s General Plan, land use planning strategies that accommodate transit and non-motorized transportation. B.Determination of Non-Eligibility A determination of non-eligibility of a jurisdiction shall be made only after a hearing has been conducted and a determination has been made by the Authority’s Board of Directors that the jurisdiction is not an Eligible Jurisdiction as provided hereinabove. IV.ALLOCATION OF NET REVENUES; GENERAL PROVISIONS. A.Subject to the provisions of the Ordinance, including Section II above, use of the Revenues shall be as follows: 1.First, the Authority shall pay the State Board of Equalization for the services and functions; 2.Second, the Authority shall pay the administration expenses of the Authority; 3.Third, the Authority shall satisfy the annual allocation requirement of two percent (2%)of Revenues for Environmental Cleanup; and 4.Fourth, the Authority shall satisfy the debt service requirements of all bonds issued pursuant to the Ordinance that are not satisfied out of separate allocations. B.After providing for the use of Revenues described in Section A above, and subject to the averaging provisions of Section D below, the Authority shall allocate the Net Revenues as follows: 1.Forty-three percent (43%)for Freeway Projects; 2.Thirty-two percent (32%)for Street and Road Projects; and 3. Twenty-five percent (25%)for Transit Projects. C.The allocation of thirty-two percent (32%)of the Net Revenues for 289 214007.11 B-11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Street and Road Projects pursuant to Section B 2 above shall be made as follows: 1.Ten percent (10%)of the Net Revenues shall be allocated for Regional Capacity Program projects; 2.Four percent (4%)of the Net Revenues shall be allocated for Regional Traffic Signal Synchronization Program projects; and 3.Eighteen percent (18%)of the Net Revenues shall be allocated for Local Fair Share Program projects. D.In any given year, except for the allocations for Local Fair Share Program projects,the Authority may allocate Net Revenues on a different percentage basis than required by Sections B and C above in order to meet short-term needs and to maximize efforts to capture state, federal, or private transportation dollars, provided the percentage allocations set forth in Sections B and C above shall be achieved during the duration of the Ordinance. E.The Authority shall allocate Net Revenues for programs and projects as necessary to meet contractual,program or project obligations, and the Authority may withhold allocations until needed to meet contractual,program or project obligations, except that Net Revenues allocated for the Local Fair Share Program pursuant to Section C above shall be paid to Eligible Jurisdictions within sixty days of receipt by the Authority. F.The Authority may exchange Net Revenues from a Plan funding category for federal, state or other local funds allocated to any public agency within or outside the area of jurisdiction to maximize the effectiveness of the Plan.The Authority and the exchanging public agency must use the exchanged funds for the same program or project authorized for the use of the funds prior to the exchange. Such federal, state or local funds received by the Authority shall be allocated by the Authority to the same Plan funding category that was the source of the exchanged Net Revenues, provided, however, in no event shall an exchange reduce the Net Revenues allocated for Programmatic Mitigation of Freeway Projects. G.If additional funds become available for a specific project or program 290 214007.11 B-12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 described in the Plan, the Authority may allocate the Net Revenues replaced by the receipt of those additional funds, in the following order of priority: first, to Plan projects and programs which provide congestion relief in the geographic region which received the additional funds; second, to other projects and programs within the affected geographic region which may be placed in the Plan through an amendment to the Ordinance; and third, to all other Plan projects and programs. H.Upon review and acceptance of the Project Final Report, the Authority shall allocate the balance of Net Revenues for the project, less the interest earned on the Net Revenues allocated for the project. V.ALLOCATION OF NET REVENUES;STREETS AND ROADS PROGRAMS/ PROJECTS A.Regional Capacity Program. 1.Matching Funds.An Eligible Jurisdiction shall contribute local matching funds equal to fifty percent (50%)of the project or program cost. This local match requirement may be reduced as follows: a.A local match reduction of ten percent (10%)of the eligible cost if the Eligible Jurisdiction implements, maintains and operates in conformance with the Traffic Signal Synchronization Master Plan. b.A local match reduction of ten percent (10%)of the eligible cost if the Eligible Jurisdiction either: (i)has measurable improvement of paved road conditions during the previous reporting period as determined pursuant to the Authority’s method of measuring improvement of road pavement conditions, or (ii)has road pavement conditions during the previous reporting period which are within the highest twenty percent of the scale for road pavement conditions as determined pursuant to the Authority’s method of measuring improvement of road pavement conditions. c.A local match reduction of five percent (5%)of the 291 214007.11 B-13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 eligible cost if the Eligible Jurisdiction does not use any Net Revenues as part of the funds for the local match. 2.Allocations shall be determined pursuant to a countywide competitive procedure adopted by the Authority. Eligible Jurisdictions shall be consulted by the Authority in establishing criteria for determining priority for allocations. B.Regional Traffic Signal Synchronization Program. 1.Traffic Signal Synchronization Master Plan. The Authority shall adopt and maintain a Traffic Signal Synchronization Master Plan, which shall be a part of the Master Plan of Arterial Highways. The Traffic Signal Synchronization Master Plan shall include traffic signal synchronization street routes and traffic signals within and across jurisdictional boundaries,and the means of implementing, operating and maintaining the programs and projects, including necessary governance and legal arrangements. 2. Allocations. a.Allocations shall be determined pursuant to a countywide competitive procedure adopted by the Authority. Eligible Jurisdictions shall be consulted by the Authority in establishing criteria for determining priority for allocations. b. The Authority shall give priority to programs and projects which include two or more jurisdictions. c.The Authority shall encourage the State to participate in the Regional Traffic Signal Synchronization Program and Authority shall give priority to use of transportation funds as match for the State’s discretionary funds used for implementing the Regional Traffic Signal Synchronization Program. 3.An Eligible Jurisdiction shall contribute matching local funds equal to twenty percent (20%)of the project or program cost. The requirement for matching local funds may be satisfied all or in part with in-kind services provided by the Eligible Jurisdiction for the program or project, including salaries and benefits for employees of the Eligible Jurisdiction who perform work on the project or programs. 292 214007.11 B-14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. An Eligible Jurisdiction shall issue a report once every three years regarding the status and performance of its traffic signal synchronization activities. 5.Not less than once every three years an Eligible Jurisdiction shall review and revise,as may be necessary,the timing of traffic signals included as part of the Traffic Signal Synchronization Master Plan. 6.An Eligible Jurisdiction withdrawing from a signal synchronization project shall be required to return Net Revenues allocated for the project. C.Local Fair Share Program. The allocation of eighteen percent (18%)of the Net Revenues for Local Fair Share Program projects shall be made to Eligible Jurisdictions in amounts determined as follows: 1.Fifty percent (50%)divided between Eligible Jurisdictions based on the ratio of each Eligible Jurisdiction’s population for the immediately preceding calendar year to the total County population (including incorporated and unincorporated areas) for the immediately preceding calendar year, both as determined by the State Department of Finance; 2. Twenty-five percent (25%)divided between Eligible Jurisdictions based on the ratio of each Eligible Jurisdiction’s existing Master Plan of Arterial Highways (“MPAH”)centerline miles to the total existing MPAH centerline miles within the County as determined annually by the Authority;and 3.Twenty-five percent (25%)divided between Eligible Jurisdictions based on the ratio of each Eligible Jurisdiction’s total taxable sales to the total taxable sales of the County for the immediately preceding calendar year as determined by the State Board of Equalization. VI.ALLOCATION OF NET REVENUES; TRANSIT PROGRAMS/PROJECTS. A.Transit Extensions to Metrolink. 1.The Authority may provide technical assistance, transportation planning and engineering resources for an Eligible Jurisdiction to assist in designing Transit 293 214007.11 B-15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Extensions to Metrolink projects to provide effective and user-friendly connections to Metrolink services and bus transit systems. 2.To be eligible to receive Net Revenues for Transit Extension to Metrolink projects, an Eligible Jurisdiction must execute a written agreement with the Authority regarding the respective roles and responsibilities pertaining to construction, ownership, operation and maintenance of the Transit Extension to Metrolink project. 3.Allocations of Net Revenues shall be determined pursuant to a countywide competitive procedure adopted by the Authority. This procedure shall include an evaluation process and methodology applied equally to all candidate Transit Extension to Metrolink projects. Eligible Jurisdictions shall be consulted by the Authority in the development of the evaluation process and methodology. B.Metrolink Gateways. 1.The Authority may provide technical assistance, transportation planning and engineering resources for an Eligible Jurisdiction to assist in designing Regional Transit Gateway facilities to provide for effective and user-friendly connections to the Metrolink system and other transit services. 2.To be eligible to receive Net Revenues for Regional Gateway projects, an Eligible Jurisdiction must execute a written agreement with the Authority regarding the respective roles and responsibilities pertaining to construction, ownership, operation and maintenance of the Regional Gateway facility. 3. Allocations of Net Revenues shall be determined pursuant to a countywide competitive procedure adopted by the Authority. This procedure shall include an evaluation process and methodology applied equally to all candidate Regional Gateway projects. Eligible Jurisdictions shall be consulted by the Authority in the development of the evaluation process and methodology. C.Mobility Choices for Seniors and Persons with Disabilities. 1.An Eligible Jurisdiction may contract with another entity to perform all or part of a Mobility Choices for Seniors and Persons with Disabilities project. 294 214007.11 B-16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2.A senior is a person age sixty years or older. 3. Allocations. a.One percent (1%)of the Net Revenues shall be allocated to the County to augment existing senior non-emergency medical transportation services funded with Tobacco Settlement funds as of the effective date of the Ordinance. The County shall continue to fund these services in an annual amount equal to the same percentage of the total annual Tobacco Settlement funds received by the County. The Net Revenues shall be annually allocated to the County in an amount no less than the Tobacco Settlement funds annually expended by the County for these services and no greater than one percent of net revenues plus any accrued interest. b.One percent (1%) of the Net Revenues shall be allocated to continue and expand the existing Senior Mobility Program provided by the Authority. The allocations shall be determined pursuant to criteria and requirements for the Senior Mobility Program adopted by the Authority. c.One and forty-seven hundredths percent (1.47%)of the Net Revenues shall be allocated to partially fund bus and ACCESS fares for seniors and persons with disabilities in an amount equal to the percentage of partial funding of fares for seniors and persons with disabilities as of the effective date of the Ordinance, and to partially fund train and other transit service fares for seniors and persons with disabilities in amounts as determined by the Authority. d.In the event any Net Revenues to be allocated for seniors and persons with disabilities pursuant to the requirements of subsections a, b and c above remain after the requirements are satisfied then the remaining Net Revenues shall be allocated for other transit programs or projects for seniors and persons with disabilities as determined by the Authority. D.Community Based Transit/Circulators. 1.The Authority may provide technical assistance, transportation planning, procurement and operations resources for an Eligible Jurisdiction to assist in 295 214007.11 B-17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 designing Community Based Transit/Circulators projects to provide effective and user- friendly transit connections to countywide bus transit and Metrolink services. 2.To be eligible to receive Net Revenues for Community Based Transit/Circulators projects, an Eligible Jurisdiction must execute a written agreement with the Authority regarding the respective roles and responsibilities pertaining to construction, ownership, operation and maintenance of the Community Based Transit/Circulators project. 3.Allocations of Net Revenues shall be determined pursuant to a countywide competitive procedure adopted by the Authority. This procedure shall include an evaluation process and methodology applied equally to all candidate Community Based Transit/Circulator projects. Eligible Jurisdictions shall be consulted by the Authority in the development of the evaluation process and methodology. 4.An Eligible Jurisdiction may contract with another entity to perform all or part of a Community Based Transit/Circulators project. VII.ALLOCATION OF NET REVENUES;ENVIRONMENTAL CLEANUP PROGRAMS/PROJECTS. A.An Eligible Jurisdiction may contract with any other public entity to perform all or any part of an Environmental Cleanup project. B.Allocation Committee. 1.The Allocation Committee shall not include any elected public officer and shall include the following twelve (12) voting members: (i)one (1) representative of the County of Orange; (ii)five (5) representatives of cities, subject to the requirement for one (1) representative for the cities in each supervisorial district; (iii)one (1) representative of the California Department of Transportation; (iv)two (2) representatives of water or wastewater public entities; (v)one (1) representative of the development industry; 296 214007.11 B-18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (vi)one (1) representative of the scientific or academic community; (vii)one (1) representative of private or non-profit organizations involved in environmental and water quality protection/enforcement matters; In addition, one (1) representative of the Santa Ana Regional Water Quality Control Board and one (1) representative of the San Diego Regional Water Quality Control Board shall be non-voting members of the Allocation Committee. 2.The Allocation Committee shall recommend to the Authority for adoption by the Authority the following: a.A competitive grant process for the allocation of Environmental Cleanup Revenues, including the highest priority to capital improvement projects included in a Watershed Management Area. The process shall give priority to cost-effective projects and programs that offer opportunities to leverage other funds for maximum benefit. b.A process requiring that Environmental Cleanup Revenues allocated for projects and programs shall supplement and not supplant funding from other sources for transportation related water quality projects and programs. c.Allocation of Environmental Cleanup Revenues for proposed projects and programs. d.An annual reporting procedure and a method to assess the water quality benefits provided by completed projects and programs. 297 C-1507779.8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28WOODRUFF, SPRADLIN& SMARTATTORNEYS AT LAWORANGEATTACHMENT C TAXPAYER OVERSIGHT COMMITTEE I.PURPOSE AND ORGANIZATION. A Taxpayer Oversight Committee (“Committee”) is hereby established for the purpose of overseeing compliance with the Ordinance as specified in Section IV hereof. The Committee shall be organized and convened before any Revenues are collected or spent pursuant to the Ordinance. II.COMMITTEE MEMBERSHIP. The Committee shall be governed by eleven members (“Member”). The composition of the Committee membership shall be subject to the following provisions. A.Geographic Balance.The membership of the Committee shall be geographically balanced at all times as follows: 1.There shall be two Members appointed from each of the County’s supervisorial districts (individually, “District”); and 2.The Auditor-Controller shall be a Member and chairman (“Chair”)of the Committee. B.Member Term.Each Member, except the Auditor-Controller and as provided in Section III B 2 below, shall be appointed for a term of three years; provided, however, that any Member appointed to replace a Member who has resigned or been removed shall serve only the balance of such Member’s unexpired term, and no person shall serve as a Member for a period in excess of six consecutive years. C.Resignation.Any Member may, at any time, resign from the Committee upon written notice delivered to the Auditor-Controller. Acceptance of any public office, the filing of an intent to seek public office, including a filing under California Government Code Section 85200, or change of residence to outside the District shall constitute a Member’s automatic resignation. D.Removal.Any Member who has three consecutive unexcused absences from meetings of the Committee shall be removed as a Member. An absence 298 C-2507779.8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28WOODRUFF, SPRADLIN& SMARTATTORNEYS AT LAWORANGEfrom a Committee meeting shall be considered unexcused unless, prior to or after such absence (i) the Member submits to each of the other Members a written request to excuse such absence, which request shall state the reason for such absence and any special circumstances existing with respect to such absence; and (ii) a majority of the other Members agree to excuse such absence. E.Reappointment.Any former Member may be reappointed. III.APPOINTMENT OF MEMBERS. A.Membership Recommendation Panel. 1.The Authority shall contract with the Orange County Grand Jurors’ Association for the formation of a committee membership recommendation panel (“Panel”) to perform the duties set forth in this subsection III A. If the Orange County Grand Jurors’ Association refuses or fails to act in such capacity, the Authority shall contract with another independent organization selected by the Authority for the formation of the Panel. 2.The Panel shall have five members who shall screen and recommend potential candidates for Committee membership. 3.The Panel shall solicit, collect and review applications from potential candidates for membership on the Committee. No currently elected or appointed officer of any public entity (“Public Officer”)will be eligible to serve as a Member, except the Auditor-Controller, and a Public Officer shall complete an Intent to Resign form, which shall be provided as part of the application and submitted as part of the initial application process. Failure to submit an Intent to Resign form will deem such Public Officer ineligible for consideration to serve as a Member. In addition, a person who has a financial conflict of interest with regard to the allocation of Revenues will be deemed ineligible for consideration to serve as a Member. A Member shall reside within the District the Member is appointed to represent. Subject to the foregoing restrictions, the Panel shall evaluate each potential candidate on the basis of the following criteria: a.Commitment and ability to participate in Committee meetings; 299 C-3507779.8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28WOODRUFF, SPRADLIN& SMARTATTORNEYS AT LAWORANGEb.Demonstrated interest and history of participation in community activities, with special emphasis on transportation-related activities; and c.Lack of conflicts of interest with respect to the allocation of Revenues. 4.For initial membership on the Committee, the Panel shall recommend to the Authority at least five candidates from each of the two Districts that are represented by one member on the Ordinance No. 2, Citizens Oversight Committee (“COC”) as of the date the Authority appoints the initial Members. Thereafter, the Panel shall recommend to the Authority at least five candidates for filing each vacancy on the Committee. B.Initial Members. 1.The COC members, as of the date the Authority appoints the initial Members of the Committee, shall be appointed as initial Members of the Committee. These Members shall each serve until each of their respective terms as a member of the COC expires. 2.Two additional initial Members shall be appointed. The Authority shall place the names of the candidates recommended by the Panel on equally- sized cards which shall be deposited randomly in a container. In public session, the Chairman of the Authority will draw a sufficient number of names from said container to allocate Committee membership in accordance with the membership requirements and restrictions set forth in Section II hereof. The first person whose name is drawn shall be appointed to serve a term of three years. Thereafter, the person whose name is drawn who is not from the same District as the first person whose name is drawn shall be appointed to serve a term of two years. C.Member Vacancy.A member vacancy, however caused, shall be filled by the Authority. A Member shall be appointed on or about July 1 to replace a Member whose term has expired. A Member may be appointed at any time as necessary to replace a Member who has resigned or been removed. The Authority shall place the 300 C-4507779.8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28WOODRUFF, SPRADLIN& SMARTATTORNEYS AT LAWORANGEnames of the candidates recommended by the Panel for the appointment on equally-sized cards which shall be deposited randomly in a container. In a public session, the Chairman of the Authority will draw one name from said container for each vacancy on the Committee. The person whose name is so drawn shall be appointed by the Authority to fill the vacancy. IV.DUTIES AND RESPONSIBILITIES.The Committee is hereby charged with the following duties and responsibilities: A.The initial Members shall convene to adopt such procedural rules and regulations as are necessary to govern the conduct of Committee meetings, including, but not limited to, those governing the calling, noticing and location of Committee meetings, as well as Committee quorum requirements and voting procedures. The Committee may select its own officers, including, but not limited to, a Committee co-chair who will be the primary spokesperson for the Committee. B.The Committee shall approve, by a vote of not less than two thirds of all Committee members, any amendment to the Plan proposed by the Authority which changes the funding categories, programs or projects identified on page 31 of the Plan. C.The Committee shall receive and review the following documents submitted by each Eligible Jurisdiction: 1.Congestion Management Program; 2.Mitigation Fee Program; 3.Expenditure Report; 4. Local Traffic Signal Synchronization Plan; and 5.Pavement Management Plan. D.The Committee shall review yearly audits and hold an annual public hearing to determine whether the Authority is proceeding in accordance with the Plan.The Chair shall annually certify whether the Revenues have been spent in compliance with the Plan. In addition, the Committee may issue reports, from time to time, on the progress of the transportation projects described in the Plan. 301 C-5507779.8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28WOODRUFF, SPRADLIN& SMARTATTORNEYS AT LAWORANGEE.The Committee shall receive and review the performance assessment conducted by the Authority at least once every three years to review the performance of the Authority in carrying out the purposes of the Ordinance. F.Except as otherwise provided by the Ordinance, the Committee may contract, through the Authority, for independent analysis or examination of issues within the Committee’s purview or for other assistance as it determines to be necessary. G.The Committee may submit a written request to the Authority to explain any perceived deviations from the Plan. The Authority’s Chair must respond to such request, in writing, within sixty days after receipt of the same. 302 303 Measure M2 Amendments Staff Reports September 24, 2012 Measure M2 Transportation Investment Plan Amendment November 9, 2012 Public Hearing on Amendment of the Measure M Freeway Category: State Route 91 (Project J), Interstate 405 (Project K) October 11, 2013 Proposal to amend Orange County Local Transportation Authority Ordinance No. 3 (Attachment C)to Modify Taxpayer Oversight Committee Membership Eligibility November 25, 2013 Public Hearing to amend Orange County Local Transportation Authority Ordinance No. 3 (Attachment C)to Modify Taxpayer Oversight Committee Membership Eligibility October 26, 2015 Proposed Amendment to the Measure M2 Transportation Investment Plan (and Ordinance No. 3) December 14, 2015 Public Hearing to Amend Orange County Local Transportation Authority Ordinance No. 3 and Renewed Measure M Transportation Investment Plan for the Transit Program March 14, 2016 Renewed Measure M Local Transportation Authority Ordinance No. 3 and Transportation Investment Plan Amendment Update (corrected scrivener error) May 11, 2020 Proposed Amendment to the Orange County Local Transportation Authority Measure M2 Ordinance No. 3 June 22, 2020 Public Hearing to Amend the Measure M2 Orange County Local Transportation Authority Ordinance No.3 (temporary change to the maintenance of effort requirement due to economic impacts of coronavirus pandemic) April 12, 2021 Proposed Amendment to the Orange County Local Transportation Authority Ordinance No. 3 May 24, 2021 Public Hearing to Amend the Measure M2 Orange County Local Transportation Authority Ordinance No. 3 (temporary change to the maintenance of effort requirement due to economic impacts of coronavirus pandemic) 304 Resolutions and 7-year CIP for Measure M2 Eligibility June 20, 2023 Council Meeting 305 Background •Measure M (1991 – 2011) • Approved by Orange County voters on 11/6/1990 • Half-cent local transportation sales tax to maintain and improve local streets •Measure M2 (2011 – 2041) • Renewed Measure M approved by Orange County voters on 11/7/2006 • City must annually demonstrate compliance to receive Measure M net revenues • City’s Measure M2 local fair share allocation in FY 23/24 is approx. $4.2M •M2 Eligibility Requirements (FY 2023/24) • Adopt Resolution concerning Local Signal Synchronization Plan (LSSP) • Adopt Resolution concerning Circulation Element and Mitigation Fee Program • Adopt 7-year Capital Improvement Program (CIP) for FY 23/24 – FY 29/30 306 Key Elements •Local Signal Synchronization Plan (LSSP) • LSSP describes traffic signal synchronization and inventory within the City • Update LSSP and adopt Resolution every 3 years to confirm City’s LSSP is consistent with requirements of OCTA’s Regional Traffic Signal Synchronization Master Plan •Circulation Element (CE) • City’s Circulation Element defines the minimum planned lane configurations for major roads • City’s CE shall be consistent with OCTA’s Master Plan of Arterial Highways (MPAH) •Mitigation Fee Program (MFP) • Locally-established fees used to mitigate effects of new development on the City’s transportation infrastructure •7-Year Capital Improvement Plan (CIP) • Identifies all projects currently and potentially funded by OCTA Measure M2 funds 307 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-521 MEETING DATE:6/20/2023 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: Continued from June 6, 2023 with Public Hearing open - Request to 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 6/15/2023Page 1 of 10 powered by Legistar™308 File #:23-521 MEETING DATE:6/20/2023 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 6/15/2023Page 2 of 10 powered by Legistar™309 File #:23-521 MEETING DATE:6/20/2023 $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 6/15/2023Page 3 of 10 powered by Legistar™310 File #:23-521 MEETING DATE:6/20/2023 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 6/15/2023Page 4 of 10 powered by Legistar™311 File #:23-521 MEETING DATE:6/20/2023 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 6/15/2023Page 5 of 10 powered by Legistar™312 File #:23-521 MEETING DATE:6/20/2023 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 6/15/2023Page 6 of 10 powered by Legistar™313 File #:23-521 MEETING DATE:6/20/2023 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 6/15/2023Page 7 of 10 powered by Legistar™ Ba lanc e as of Jun e 30, 2022 (in t housa nds) Cityview Rep lace m ent $ 1,028 Tr i ple Fli p 109 Strateg i c Init i at ives Ho usi ng Agree m ent Year -End Fa i r Va lu e Tota l Reco mme nde d fo r Co nso li dation Econom ic Uncerta i nties Reserve Econo mic U ncerta inties Reserve (revised) Two-Month Reserve Requ irement 16,536 1,657 1,983 21,313 26,11 4 $47,427 $47,215 314 File #:23-521 MEETING DATE:6/20/2023 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 6/15/2023Page 8 of 10 powered by Legistar™ #in # of Occupancy Type Jurisdiction ,_J nspections R1s ("hotel , motel , lodging houses") 20 20 R1s that are also High Rises 3 3 R2s ("apartment houses") 2 ,537 2 ,537 R2 that are also High Rises 1 1 R2.1 ("supervised residential") 5 5 R4s ("residential/assisted living") 1 1 Es ("public and private schools ") 38 38 315 File #:23-521 MEETING DATE:6/20/2023 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 6/15/2023Page 9 of 10 powered by Legistar™316 File #:23-521 MEETING DATE:6/20/2023 City of Huntington Beach Printed on 6/15/2023Page 10 of 10 powered by Legistar™317 PUBLIC HEARING CITY OF HUNTINGTON BEACH Notice or Public Hearing on the Proposed City Budget for Fiscal Year 2023/2024 Notice is hereby given tha t a pubOc hearing will be held by the City Counci l or the City or Huntington Beach for the purpose of considering the City Budget for Fisca l Year 202312024. The Proposed Budget for Fiscal Year 2023/2024 totals $506.818,053 including General Fund Expend itu res or S285,564,240. The pubOc hearing is schedu led in the Council Chambers or the Civic Center, located at 2000 Main Street on Tuesday, June 6, 2023 at 6:00pm . The public may obtain copies of the Proposed Budget for Fiscal Year 2023/2024 from the City's webs~e at http:/Avww.huntinqtonbeachca.gov. Ari interested persons are invited to attend to express their opinions for, or against, the Proposed Budget with written or oral comments. Written com munications to the City Counc,l should be directed to the Office of the City Cieri< at the address below. Further infonnation may be obtained from the Fi nance Department, 2000 Main Street, Huntington Beach, CA, 92648- 2702 or by telephone (714) 536-5630. The City of Huntington Beach endeavors to aocommodate persons of handicapped status in the adm ission or access to, or treatment or employment in, city programs or activities . The City or Huntington Beach is an equal opportunity employer. Dated : May 25 , 2023 and June 1, 2023 City of Hun tingto n Beach By: Robin Es tanislau, City Clerk 2000 Main Street Hun ting to n Beach, CA 92648-2702 Telephone : (714) 536-5227 hftp:llhootingronbeachca.goylHBPublicCommen1sf 318 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 2023/24 WHEREAS, Article VI of the Huntington Beach City Charter requires the City Manager to present and the City Council to adopt an annual City Budget; and The City Council has received and considered the Proposed Budget for Fiscal Year 2023/24, staff reports, and public testimony and information received in a noticed public hearing on the City Budget, NOW, THEREFORE, the City Council of the City of Huntington Beach does resolve as follows: SECTION 1: That the Proposed Budget for Fiscal Year 2023/24, a copy of which is attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein, is hereby approved and adopted. SECTION 2: That the Estimat~d Revenue and Transfers In for Fiscal Year 2023/24, a copy of which is attached hereto as Exhibit "B" and incorporated by this reference as though fully set forth herein, is hereby approved and adopted. When combined with reserves, the Estimated Revenue and Transfers In for Fiscal Year 2023/24 are sufficient to fund the appropriations set forth in Proposed Budget for Fiscal Year 2023/24. SECT! ON 3: That the Proposed Appropriations and Transfers Out for Fiscal Year 2021/22, a copy of which is attached hereto as Exhibit "C" and incorporated by this reference as though fully set forth herein, providing appropriations summaries of details currently contained in the City's accounting system, including technical adjustments related to Transfers In and Transfers Out, and detail of estimated revenue, is hereby approved and adopted. SECTION 4: That the Tables of Organization, a copy of which is attached hereto as Exhibit "D" and incorporated by this reference as though fully set forth herein, is hereby approved and adopted. The City Manager, subject to compliance with the City Charter Section 403, may revise the Tables of Organization provided that the total authorized number of personnel is not exceeded. SECTION 5: That from the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named; provided, however, that the City Manager may transfer funds from one object or purpose to another within the same fund or agency provided there is no increase in total appropriations contained in the budget. 23-12914/310248 319 Resolution No. 2023-24 SECTION 6: Acquisition of new capital items shall be limited to the specific items included in the approved budget. Acquisition of capital items to replace existing capital equipment shall not exceed the total appropriation for the funding source. The City Manager may authorize changes to the procurement of specific items as long as the total appropriation for any department, fund or agency is not exceeded. However, the City Manager must obtain City Council approval for items that exceed Five Hundred Thousand Dollars ($500,000.00). SECTION 7: That the Capital Improvement Program contained in the Proposed Budget for Fiscal Year 2023/24 (Exhibit A) is hereby approved in concept, and the Director of Public Works is authorized to publicly advertise for bids on these projects in accordance with Section 503 and Section 614 of the City Charter. SECTION 8: That construction of Capital Improvement Projects requires the use of professional services such as geo-technical, water testing, engineering oversight, project management, design, survey, and other required studies. Funding for these professional services is included within each Capital Improvement Project's budget as set fo1ih in the Proposed Budget for Fiscal Year 2023/24 (Exhibit A). Consistent with the City Council's policy regarding professional services agreements, the City Council hereby authorizes the City Manager, or designee, to enter into any necessary professional services agreements to facilitate the completion of an approved Capital Improvement Project. SECTION 9: The approved budgets for Capital Improvement Program remain as authorized appropriations for the individual capital projects until these capital projects are completed. Any unexpended authorized appropriations for each capital project are expended or the capital project is canceled. Following the completion of the individual capital projects, the unexpected appropriations of each completed capital project shall be canceled and the capital projects funding sources shall be released from their unexpended funding commitment. SECTION 10: That the City Manager or Chief Financial Officer may, as necessary, increase appropriations for donations, grants, and other instances where there is an offsetting source of revenue received, up to $250,000 per source or grantor. Donations and grant awards with matching requirements, or exceeding $250,000 from a single source or grantor, require City Council approval. Any resolutions authorizing budget amendments related to donations, grants, and other instances where there is an offsetting source of revenue received in conflict herewith are hereby repealed. SECTION 11: At the close of Fiscal Year 2022/23, unexpended appropriations may be carried forward to FY 2023/24 upon review of the Finance Department and approval of the City Manager for the expense of outstanding purchase commitments and programs. 23-12914/310248 2 320 Resolution No. 2023-24 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of ___ , 2023. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager INITIATED AND APPROVED: Acting~ncial ~cer List of Exhibits: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Proposed Budget for Fiscal Year 2023/24 as of June 6, 2023 Estimated Revenue and Transfers In for Fiscal Year 2023/24 Proposed Appropriations and Transfers Out for Fiscal Year 2023/24 Tables of Organization 23-12914/3 I 0248 3 321 EXHIBIT AATTACHMENT 2 ***COMPLETE COPY AVAILABLE ON CITY'S WEBSITE*** ANNUAL OPERATING BUDGET FY 2023/2024 322 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 2 323 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 502,155,377 324 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 21325 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 21326 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 2 327 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 2 328 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 2022/23 329 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 34.00 330 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 11.00 331 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 62.25 332 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 13.00 333 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 17.00 334 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 200.00 201.00 201.00 201.00 201.00 335 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 25.00 336 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 60.00 337 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 1.00 338 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 21.00 339 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 4.00 340 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 1.00 341 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 342 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 2023/24 343 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 WHEREAS, Article 13B of the California Constitution imposes l,lpon state agencies and local governments the obligation to limit each fiscal year's appropriation of the proceeds from taxes to the amount of such appropriations in fiscal year 1978/1979, adjusted for changes as prescribed under the law. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: In compliance with provisions of Article 13B of the California Constitution and the formula set out therein, there is hereby established an appropriation limit of $1,171,687,773 for the fiscal year 2023/2024. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of __________ , 2023. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager INITIATED AND APPROVED: Actin-ancial Officer Exhibit A -Gann Limit Calculation 23-12909/310298 344 EXHIBIT A GANN LIMIT CALCULATION FISCAL YEAR 2023-2024 Under Proposition I I 1, there are two options available for each of the major adjustment factors. The values of these factors for the purpose of calculating the Fiscal Year 2023-2024 adjustment are as follows: Price Factor: (A) Percent growth in State per Capita Personal Income: 4.44% (Source: Dept. of Finance, California) (B) Percent change in Assessed Valuation due to new non-residential construction: (Source: Orange County Assessor Prop 111 Report) Population Factor: (C) Percent growth in County Population: (Source: Dept. of Finance, California) (D) Percent growth in City Population: (Source: Dept. of Finance, California) Annual Adjustment Factor: Based on the actual data, the four alternative adjustment factors are as follows: (Ax C) (Ax D) (Bx C) (Bx D) 1.0444 1.0444 1.0082 1.0082 X X X X Calculation of the Fiscal Year 2023-2024 Limit FY 22/23 Limit 0.9962 0.9954 0.9962 0.9954 Recommended Adjustment Factor (Largest Allowable Increase) FY 23/24 Limit 1.04043128 1.03959576 1.00436884 1.00356228 0.82% -0.38% -0.46% $ 1,126,155,850 1.04043128 $ 1,171,687,773 345 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 WHEREAS, since 1948, the City has provided for employee pensions through a contract with the California Public Employees Retirement System (CalPERS). Pursuant to the 1966, 1978 and 2010 City Charters, the voters of the City authorized the City Council to pay for the cost of employee pensions through a separate retirement property tax. Section 607(b)(2) of both the 1978 and 2010 Charters provide that the City may impose a retirement tax "sufficient to meet all obligations of the City for the retirement system in which the City participates;" and Proposition 13 was added to the California Constitution in 1978. It limits the local property tax to 1 % of assessed value, except that the City may levy an override tax in excess of 1 % to pay "any indebtedness approved by the voters prior to July 1, 1978" (Cal. Const. Art. 13A, §l(b)); and In the case entitled Carman v. Alvord, 31 Cal.3d 318 (1982), the California Supreme Court determined that under Proposition 13, an override property tax in excess of 1 % of assessed value may be levied to pay for the employee pension benefits the voters approved prior to 1978. Consequently, after Proposition 13, the Huntington Beach City Council continued to levy an override tax to pay for employee pensions. Since 1983-84, Revenue and Taxation Code Section 96.3 l(a)(4) has limited the City to levying a maximum ove1Tide tax of $0.04930 per $100 of assessed value to pay for its retirement system; and In 2003, the Court of Appeal in Howard Jarvis Taxpayers Ass'n v. County of Orange (2003) 110 Cal.App.4th 1375 held that the City may levy a separate property tax to pay for retirement benefits for all retired, current, and future city employees contracted for prior to July 1, 1978, but not enhancements to retirement benefits contracted for after July 1, 1978; and Prior to July 1, 1978, the City entered into collective bargaining agreements with employee associations representing its safety employees providing that, effective July 1, 1978, they would be entitled to a CalPERS retirement benefit known as "2%@ 50." Subsequently, on June 30, 1999, pursuant to collective bargaining agreements the City had entered into with its safety employees, the City provided its safety employees with the CalPERS retirement benefit known as 3% @ 50. Consequently, it is necessary to allocate the employer contribution to Ca]PERS for safety retirement between 2% @ 50 and 3% @ 50, because only the employer contribution for 2% @ 50 may be paid through the override property tax; and The City has received a report from John Bartel of Baiiel Associates, a professional actuary experienced in pension calculations, entitled, "City of Huntington Beach Pension Ove1Tide Tax Study" dated February 10, 2020. The Report identified the additional cost of 3% @ 50 as what CalPERS refers to as the "normal cost" of the benefit, which represents the present value of future benefits employees earned during the current year. Under this approach, the incremental cost of 3% @ 50 is 4.482% of safety payroll, and the remainder of the employer contribution represents the cost of 2% @ 50; and 22-l l 369/283825 1 346 RESOLUTION NO. 2023-23 In April 2004, then Assemblyman Harman formally asked the Attorney General regarding the correct method of allocating the employer contribution to CalPERS between its pre-1978 and post-1978 components. In his February 7, 2005 Opinion (Opinion No. 04-413), the Attorney General opined that "any reasonable accounting method may be used for purposes of determining which costs are not subject to the 1 % property tax limitation of the Constitution;" and The City Council has determined that the allocation approach presented in the Baiiel Report is a reasonable accounting method for determining which costs are not subject to the 1 % property tax limitation of the Constitution; and For 2023/2024, CalPERS is requiring the City to contribute 58.299% of safety employee payroll as the City's employer's contribution. In order to set the tax ovenide, the City may subtract the 4.482% normal cost of 3% @ 50 from the 58.299% to set the override tax at the equivalent of 53.817% of safety employee payroll. The cost to the City of 53.817% of safety employee payroll for 2023/2024 will be $26,134,579 and pursuant to Proposition 13 and Revenue and Taxation Code Section 96.31(a)(4), the City could have set the override tax for 2023/2024 at $0.05503 per $100 of assessed value; and In August 2012, the City Council added Chapter 3.07 to the Municipal Code which sets the future retirement tax rate to the Fiscal Year 2012/13 rate of $0.01500 per $100 of assessed value, which amount is less than the otherwise permitted retirement tax per Revenue and Taxation Code Section 96.3 l(a)(4) of $0.04930 per $100 of assessed value. For the Fiscal Year 2021/2022, the most recent year available, the levied retirement tax of $0.01500 per $100 assessed value generated $7,911,896. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that a retirement property tax levy of Zero and 0.01500/100th Dollars ($0.01500) per $100 of assessed value shall be levied for employee retirement costs for Fiscal Year 2023/2024. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of __________ ., 2023. REVIEWED AND APPROVED: Mayor INITIATED AND APPROVED: City Manager APPROVED AS TO FORM: 23-12815/308703 2 347 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 WHEREAS, the City Council of Huntington Beach wishes to amend the City's Classification Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve that the Classification Plan be amended as follows: A. Add the new classification of GRAPHIC DESIGNER and establish compensation at $57,247.84 -$76,716.64 as set forth in Exhibit A, which is attached hereto and incorporated by this reference. B. Add the new classification of MULTIMEDIA OFFICER and establish compensation at $106,092.48 -$142,174.24 as set forth in Exhibit B, which is attached hereto and incorporated by this reference. C. Add the new classification title of MUNICIPAL RECORDS MANAGER and establish compensation at $86,087.04 -115,363.04. The classification description to be finalized at a later date. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of _____ , 2023. Mayor REVIEWED AND APPROVED: City Manager . INITIATED AND APPROVED: ~ ·:-z · \ J\bN.,bc.... ~ ck Interim Director of Human Resources 23-12930/310408 348 EXHIBIT A CITY OF HUNTINGTON BEACH CLASS SPECIFICATION II TITLE: GRAPHIC DESIGNER I CITY COUNCIL APPROVAL: JOB CODE: EMPLOYMENT STATUS: UNIT REPRESENTATION: FLSA STATUS: EEOC CODE: JOB SUMMARY I TBD REGULAR FULL-TIME HBMT NON-EXEMPT TECHNICIANS Under general supervision, designs and provides varied camera-ready graphics materials for print, digital, and video production for a wide range of City projects, programs, and citywide initiatives using both traditional and computerized techniques. Coordinates printing, installation, and posting of communication and materials as necessary. SUPERVISION RECEIVED AND EXERCISED Report to: Public Affairs Manager or as designed by Department Head. DISTINGUISHING CHARACTERISTICS This is a journey-level classification requiring use of a wide variety of graphics design, graphics and related software with skill. Incumbents have considerable independence in working with internal customers to produce output that meets the creative, quality control, and scheduling expectations of internal customers. Additionally, incumbents work with City staff and outside vendors to coordinate final productions. Incumbents are guided in their work by a framework of established procedures and supervisory support. EXAMPLES OF ESSENTIAL DUTIES: • Coordinates with department staff to gather information and materials in order to plan and deliver marketing and visual communications concepts • Confer with and assist City staff with project requests, printing and reproduction requirements, branding guidelines, and design best practices • Under general supervision, develops and designs assets for use in web, social media, print and video platforms Page 1 of 4 I 349 CITY OF HUNTINGTON BEACH CLASS SPECIFICATION II TITLE: GRAPHIC DESIGNER • Produces accurate and visually interesting print and motion graphics, layouts or illustrations to convey a wide variety of information • Produces coordinated various graphic designs for public information/community engagement campaigns and City programs, which includes brochures, posters, flyers, booklets, social media, newsletters, publications, presentations, banners, decals, signs, reports, other promotional materials, etc. • Uses a digital camera to take photographs at City events and headshots; selects, edits, manipulates, and retouches photographs for design projects and catalogs. Maintains digital photo images • Tracks, monitors, and maintains project status in order to deliver final products in a timely manner • Manages timelines for multiple design projects from conception to final production, including installation of print work and implementation of digital work from approved consultants and vendors, such as printers and photographic studios • Monitors and assists with updating website content and maintaining graphic standards across the site • Meticulously manages a large inventory of digital artwork while maintaining file structure and naming conventions • Answers inquires on all phases of design work and makes recommendations for improvements • Proofreads work to ensure completeness, accuracy, format integrity, and alignment with the brand, programs, and initiatives • Performs checks to verify adherence to color and material quality standards for all print and production materials • Reports to work as scheduled and works various hours, including nights and weekends as required • Maintains regular and consistent attendance record • Performs other related duties, as required The preceding duties have been provided as examples of the essential types of work performed by positions within this job classification. The City, at its discretion, may add, modify, change or rescind work assignments as needed. Page 2 of4 11 350 CITY OF HUNTINGTON BEACH CLASS SPECIFICATION II TITLE: GRAPHIC DESIGNER MINIMUM QUALIFICATIONS Knowledge of: • Principles, practices, and techniques for branding, marketing, and contemporary print and motion graphic design • Advanced knowledge of business English, spelling, punctuation and vocabulary; skill in quality control and proofreading • Effective communication methods of branding and communication via design • Computer graphics programs including but not limited to: Adobe Creative Cloud, Acrobat, After Effects, Illustrator, lnDesign, Photoshop, PowerPoint, Premier, Canva.com or other specialized computer software • Software innovations that may improve the City's public communications • Software used in the editing and manipulation of photographs, the design and creation of electronight/print specifications and the creation of visual communications • Printing and reproduction processes and layout/design implications • Recordkeeping principles and procedures and general office practices • Effective customer service techniques Ability to: • Create and produce attractive print and motion graphic designs, illustrations, brochures, and other publications using established branding guide • Exercise judgment, decisiveness and creativity involved in the evaluation of information, identify/analyze potential problems, and recommend creative solutions for assigned projects • Communicate effectively, both orally and in writing • Follow oral and written instructions • Understand and follow the City's rules and procedures • Pay attention to details with ability to work under pressure to meet deadlines for multiple projects • Establish and maintain effective and cooperative working relationships with City employees, vendors, and the general public. • Provide effective customer service to internal and external customers Education: An Associate's degree in Graphic Design, Graphic Arts, or closely related field. Page 3 of 4 11 351 CITY OF HUNTINGTON BEACH CLASS SPECIFICATION II TITLE: GRAPHIC DESIGNER Experience: At least three (3) years of professional working experience in the field of graphic design. Public sector work experience is desirable. License/Certificates: A valid California Class C driver license with an acceptable driving record required by time of appointment and throughout employment. SPECIAL CONDITIONS Employees who may drive a city or personal vehicle in the course and scope of work shall be required to participate in the OMV Employer Pull Notice program. Public Employee Disaster Service Worker: In accordance with Government Code Section 3100, all Huntington Beach city employees are required to perform assigned disaster service worker duties in the event of an emergency or a disaster. PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS The incumbent must be able to meet the physical requirements of the job class and have mobility, balance, coordination, vision, hearing and dexterity levels appropriate to the duties to be performed. Work is performed in a general office environment, requiring sitting for prolonged periods of time; standing and walking to retrieve work files or to other departments or office locations; leaning, bending and stooping to perform work behind a desk or to retrieve information; pushing, turning or twisting to move chair or body from desk; reaching to place or retrieve files or open file drawers or cabinets; light grasping to hold a writing instrument or documents; firm grasping as needed to lift and carry work files or operate office equipment; finger dexterity to type on a computer keyboard; and, hearing and speaking to answer the telephone or answer questions of co-workers and subordinates. Work may necessitate some lifting, carrying, pushing and/or pulling of objects and materials of light weight (10-20 pounds). Reasonable accommodation(s) for an individual with a qualified disability will be considered on a case-by-case basis. Page 4 of4 II 352 EXHIBIT B CITY OF HUNTINGTON BEACH CLASS SPECIFICATION II TITLE: MULTIMEDIA OFFICER I CITY COUNCIL APPROVAL: JOB CODE: EMPLOYMENT STATUS: UNIT REPRESENTATION: FLSA ST A TUS: EEOC CODE: JOB SUMMARY I TBD REGULAR FULL-TIME MEO EXEMPT PROFESSIONALS Under general supervision, plans, coordinates, and administers the operations of the City's Huntington Beach Cable Television (HBTV), YouTube Channel, and online digital content. SUPERVISION RECEIVED AND EXERCISED Report to: Public Affairs Manager or as designed by Department Head. Supervises: Clerical and/or Part-Time staff DISTINGUISHING CHARACTERISTICS This is a journey-level classification where incumbents are required to perform highly technical production and administration of programming and streaming for the City's HBTV program. EXAMPLES OF ESSENTIAL DUTIES: • Produce and direct video productions, including script writing, editing, lighting, audio design, voice-specialists, and formal design • Produces, directs, technically operates, and broadcasts seminars and performances • Directs the production of live audio/video City productions, including, but not limited to, community events, town halls, commission meetings, and other events • Directs programming and coordinates operation of contractors, cameras, equipment, graphics, and technical setup • Builds and schedules HBTV programming. Oversees the City's TV website, YouTube Channel, and other City video content Page 1 of4 11 I 353 CITY OF HUNTINGTON BEACH CLASS SPECIFICATION II TITLE: MULTIMEDIA OFFICER • Oversees the development of the HBTV production facility, including equipment acquisition and replacement. Makes recommendations on equipment selection for the facility • Schedules the use of HBTV production facilities for live, taped, and remote productions • Working with Public Affairs Manager, prepares and administers the City's annual HBTV program budget including projection of future needs for new equipment, repairs, maintenance as well as programming related expenditures. Monitors expenditures • Keeps abreast of changes in cable-related technology; informs Public Affairs Manager of changes and makes adjustments accordingly • Oversees the work of contractors performing media related functions as appropriate and address any issues to Public Affair Manager • Monitors and reports on industry and legislative matters impacting the City's cable television policies, programs, and applications • Reports to work as scheduled and works various hours, including nights and weekends as required • Maintains regular and consistent attendance record • Performs other related duties, as required The preceding duties have been provided as examples of the essential types of work performed by positions within this job classification. The City, at its discretion, may add, modify, change or rescind work assignments as needed. MINIMUM QUALIFICATIONS Knowledge of: • Principles and methods of cable television technology and TV production • Principles and methods of managing a government access channel • Current federal, state and local laws and practices regulating government access channels and cable television systems • Video and related television production equipment • Budget development and expenditure monitoring • Contracts administration and bidding practices and procedures • Modern principles of office management and organization • Public Relations techniques Page 2 of 4 11 354 CITY OF HUNTINGTON BEACH CLASS SPECIFICATION II TITLE: MULTIMEDIA OFFICER • Report writing and project management • Recordkeeping principles and procedures and general office practices • English usage, spelling, grammar, and punctuation • Effective customer service techniques Ability to: • Plan, manage and coordinate the operation of City's public cable channel TV station and production • Operate a variety of complex video and digital composing programs and equipment and troubleshoot as required • Read and interpret complex statutes, guidelines and regulations • Accommodate scheduled evening and weekend productions to provide on-site coordination, service and assistance • Plan, organize, and schedule work independently and maintain work effectiveness with multiple deadlines and frequent changes in workload and priority of assignments • Meet deadlines and successfully manage timelines for multiple projects • Exercise judgment, decisiveness and creativity involved in the evaluation of information, identify potential problems, and recommend creative solutions for assigned projects • Communicate effectively, both orally and in writing • Establish and maintain effective and cooperative working relationships with City employees, public agencies, vendors, and the general public. • Provide effective customer service to internal and external customers Education: Bachelor's Degree from an accredited college or university in Communications, Television/Video/Film Production, Public Relations, Public or Business Administration, or related field. An additional three (3) years (for a total of eight years) of directly related experience in addition to an Associate's Degree in a related field may be substituted for the Bachelor's Degree. Experience: Five (5) years of recent, full-time experience in multimedia production/broadcasting. License/Certificates: A valid California Class C driver license with an acceptable driving record required by time of appointment and throughout employment. Page 3 of 4 11 355 CITY OF HUNTINGTON BEACH CLASS SPECIFICATION II TITLE: MULTIMEDIA OFFICER SPECIAL CONDITIONS Employees who may drive a city or personal vehicle in the course and scope of work shall be required to participate in the OMV Employer Pull Notice program. Public Employee Disaster Service Worker: In accordance with Government Code Section 3100, all Huntington Beach city employees are required to perform assigned disaster service worker duties in the iwent of an emergency or a disaster. PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS The incumbent must be able to meet the physical requirements of the job class and have mobility, balance, coordination, vision, hearing and dexterity levels appropriate to the duties to be performed. This position may require evening and weekend work. Must be available to attend meetings, make public presentations and travel to various work sites. Work is performed in a general office environment and/or television production studio, requiring sitting for prolonged periods of time; standing and walking to retrieve work files or to other departments or office locations; leaning, bending and stooping to perform work behind a desk or to retrieve information; pushing, turning or twisting to move chair or body from desk; reaching to place or retrieve files or open file drawers or cabinets; light grasping to hold a writing instrument or documents; firm grasping as needed to lift and carry work files or operate office equipment; finger dexterity to type on a computer keyboard; and, hearing and speaking to answer the telephone or answer questions of co-workers and subordinates. Work may necessitate some lifting, carrying, pushing and/or pulling of objects, materials, and equipment up to 50 pounds. When work is performed outdoors or at events, there is full exposure to various weather conditions. Reasonable accommodation(s) for an individual with a qualified disability will be considered on a case-by-case basis. Page 4 of4 11 356 RESOLUTION NO. 2023-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A REVISED GENERAL FUND RESERVE POLICY WHEREAS the City Council of the City of Huntington Beach is charged with the responsibility of establishing municipal policies to guide the various functions of the City, and where necessary, establishing procedures by which functions are performed; and The City Council desires to adopt a revised General Fund Reserve Policy as set forth in Exhibit A; Exhibit A is attached and incorporated by reference; and NOW, THEREFORE, the City Council of the City of Huntington Beach does resolve as follows: SECTION 1: That all of the above recitals are true and correct. SECTION 2: That attached as Exhibit A and incorporated by reference 1s Council Policy for General Fund Reserves. SECTION 3: The City Manager, the Chief Financial Officer, the City Clerk and other appropriate officials of the City are hereby authorized and directed to take any actions and execute and deliver any and all documents as are necessary to accomplish the provisions and directives of this Resolution. SECTION 4: This Resolution shall take effect upon its adoption by this City Council. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of ___ , 2023. Mayor REVIEWED AND APPROVED: City Manager INITIATED AND APPROVED: Acting C~ancial Officer 23-12931/310446 357 GENERAL FUND BALANCE Exhibit A City of Huntington Beach Fund Balance Policy The General Fund is the main operating fund that pays for general services provided by the City, such as public safety, parks, and public works. The General Fund accounts for all general revenues of the City and for expenditures related to the rendering of the City's general services. The General Fund is considered to have a high level of risk to operations due to its dependence on revenue streams that are susceptible to economic downturns and revenue reduction impacts from outside agency actions. In addition, the General Fund is the main funding source when responding to unexpected events or emergencies. Consideration of potential risk and other drivers influence the targeted minimum level of total Economic Uncertainties Fund Balance that should be maintained. The Government Finance Officers Association (GFOA) recommends a minimum of two months of operating expenditures be set aside for unforeseen events. 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. □ There is an established Economic Uncertainties Reserve commitment in the General Fund. The monetary goal of this commitment is equal to the value of two months of the General Fund expenditure adopted budget amount. □ Appropriations from the Economic Uncertainties Reserve commitment can only be made by with a 617th vote of the City Council. Generally, appropriations and access to these funds will be reserved for emergency situations. Examples of such emergencies include, but are not limited to: • An unplanned, major event such as a catastrophic disaster requiring expenditures over 5% of the General Fund adopted budget • Budgeted revenue in excess of $1 million taken by another government entity • Drop in projected/actual revenue of more than 5% of the General Fund adopted revenue budget □ The Economic Uncertainties Reserve will not be accessed to fund new programs or personnel. □ Should the Economic Uncertainties Reserve commitment be used and its level falls below the minimum amount of two months of General Fund expenditures adopted budget, the Chief Financial Officer will bring forward a proposed plan to City Council to replenish the fund within three fiscal years as soon as practicable . □ In addition to the Economic Uncertainties Reserve, there are three permanent reserves established generally for the purposes described below. Appropriations from these reserves can only be made by formal City Council action. These permanent reserves are: • Equipment Replacement Reserve for the acquisition of rolling stock, other movable assets, pumps, engines, and any equipment needed to sustain City infrastructure. Planned appropriations from this fund are identified during the annual budget process. The replenishment of this Reserve is outlined below. • Capital Improvement Reserve for the construction or improvement of City infrastructure. Planned appropriations from this fund are identified during the annual budget process in concert with the Capital Improvement Plan or during the fiscal year as needed. The replenishment of this Reserve is outlined below. • Litigation Reserve for unforeseen litigation losses exceeding the amount budgeted in the current year. The monetary goal for this Reserve is generally set 358 Exhibit A City of Huntington Beach Fund Balance Policy at the City's self-insured limit. This fund will be replenished each year through the annual budget process or during the fiscal year as needed. □ The initial allocation of audited available unassigned fund balance will go towards reducing the City's unfunded liabilities (per the Unfunded Accrued Liability Pension Funding Policy), long-term debt obligations and improving City infrastructure. The allocation of the remaining audited General Fund unassigned fund balance, if any, (or increases in the Economic Uncertainties Reserve) will be done as follows if, and until, the Economic Uncertainties Reserve commitment is fully funded (i.e., two months of General Fund expenditures): • 50% to Economic Uncertainties Reserve commitment • 25% for Infrastructure Fund • 25% to Capital Improvement Reserve (CIR) commitment □ Once the Economic Uncertainties Reserve commitment attains full funding, unassigned fund balance will be divided as follows: • 50% for Infrastructure Fund • 25% to Capital Improvement Reserve (CIR) commitment • 25% to Equipment Replacement commitment □ Any unassigned revenues received during the fiscal year will be added to the fund balance of the General Fund. □ A minimum of 25% of unrestricted one-time General Fund revenues would be transferred to the City's Section 115 Trust. FUND BALANCE CLASSIFICATION □ The City's fund balance is made up of the following components: • Nonspendable fund balance includes amounts that are not in spendable form and typically includes inventories, prepaid items, and other items that, by definition cannot be appropriated. • The restricted fund balance category includes amounts that can be spent only for the specific purposes stipulated by constitution, external resource providers, or through enabling legislation. • The committed fund balance classification includes amounts that can be used only for the specific purposes determined by a formal action of the City Council. The City Council has authority to establish, modify, or rescind a fund balance commitment by formal action. • Amounts in the assigned fund balance classification are intended to be used by the City for specific purposes but do not meet the criteria to be classified as restricted or committed. The City Manager or designee has the authority to establish, modify, or rescind a fund balance assignment. • Unassigned fund balance is the residual classification for the City's funds and includes all spendable amounts not contained in the other classifications. □ When expenditures are incurred for purposes for which both restricted and unrestricted (committed, assigned or unassigned) fund balances are available, the City's policy is to first apply restricted fund balance. When expenditures are incurred for purposes for which committed, assigned, or unassigned fund balances are available, the City's policy is to first apply committed fund balance, then assigned fund balance, and finally unassigned fund balance. 359 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 HEAL TH AND SAFETY CODE. WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; and, WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire departments, including the Huntington Beach Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apaiiment house, and certain residential care facilities for compliance with building standards, as provided and, WHEREAS, California Health & Safety Code Section 13146.2 requires all fire departments, including the Huntington Beach Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3 and, WHEREAS, the Council of the City of Huntington Beach intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the Huntington Beach Fire Department's compliance with California Health and Sections 13146.2 and 13146.3. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Huntington Beach that said Council expressly acknowledges the measure of compliance of the Huntington Beach 1 360 Resolution No. 2023-26 Fire Depaiiment with California Health and Safety Code Sections 13146.2 and 13146.3 in the area encompassed by the City of Huntington Beach, as follows: A. EDUCATIONAL GROUPE OCCUPANCIES: Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. Within the City of Huntington Beach, there lie thhiy-eight (38) Group E occupancies, buildings, structures and/or facilities. During calendar yeai· 2022, the Huntington Beach Fire Depaiiment completed the annual inspection of thirty-eight (38) Group E occupancies, buildings, structures and/or facilities. This is a compliance rate of 100 % for this reporting period. Additional items of note regarding this compliance rate can be found in the accompanying staff report for this resolution. B. RESIDENTIAL GROUP R OCCUPANCIES: Residential Group R occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apaiiments (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 may contain 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 or bedridden. Within the City of Huntington Beach, there lie twenty-three (23) Rl, two thousand five hundred thirty-eight (2,538) Group R2, five (5) R2.1 and one (1) R4 occupancies of this nature. During calendar yeai· 2022, the Huntington Beach Fire Department completed the annual inspection of all Rl, R2.1 and R4 occupancies, buildings, structures and/or facilities. The 2 361 Resolution No. 2023-26 Department completed two thousand five hundred sixty seven (2,567) inspections. This is a compliance rate of 100 % for this repo1ting period. Additional items of note regarding this compliance rate can be found in the accompanying staff report for this resolution. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of __________ , 2023. Mayor REVIEWED AND APPROVED: City Manager ITIATED AND APPROVED: Fire Chief Attachments: Exhibit "1" -Staff Report 3 362 CY2022 Staff Summary SB 1205: Fire Protection Services: Inspections: Compliance Reporting The State legislature requires the chief of every fire department to conduct annual inspections on all public or private schools, hotel, motel, lodging house, apartment house, and certain residential care 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 annual inspections (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 formal document. 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, motels R2 -Residential -Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including apartments R2.1 -24-hour living facilities may contain >6 non-ambulatory and/or bedridden clients. • Assisted living facilities such as residential care facilities, residential care facilities for the 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 treatment R4-24-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 for the 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 treatment E -Facilities used for educational purposes through the 12th grade. For purposes of reporting, the data presented does not include occupancies designated as Es that are day cares or that are facilities located in Es (e.g., YMCA after school care). Procedures In order to meet this mandate, the Community Risk Reduction Division assigns annual inspections to Community Risk Reduction staff and to Fire Companies. Inspections are logged into the Accela records management system. In 2022, all R1, R2, R2.1, R4, and Es were inspected. 363 Data O~CUJ>,mcy T}'p~ ____ _ R1s ("hotel, motel, lodging houses") R1s that are also High Ri!;es R2s ("apartment houses") R:2th_at are also High Rises R2.1 ("supervised residential") R4s ("residential/assisted living") Es ("public and private schools") #in Jurisdiction 20 3 2,537 1 5 1 38 #of Inspections 20 3 2,537 1 5 1 38 364 ATTACHMENT 1-DATA LIST List of 2,538 R2 (multi-family} is available upon request. Rl 11/23/2021 FMF-003189 [RD 4014] HUNTINGTON SURF MOTEL 12/22/2021 FMF-023343 [RD 3416] Navigation Center 11/26/2021 FMF-023347 [RD 3716] **BEST WESTERN REGENCY INN** 11/4/2021 FMF-023348 [RD 3516] STARLIGHT INN 11/5/2021 FMF-023350 [RD 3115] COMFORT SUITES HOTEL 11/22/2021 FMF-023351 [RD 3516] BEACH INN MOTEL 7/2/2021 FMF-023352 [RD 4013] SUN & SANDS MOTEL 11/9/2021 FMF-023353 [RD 3715] HUNTINGTON SUITES MOTEL 11/12/2021 FMF-023354 [RD 3206] BEST WESTERN HARBOUR INN AND SUITES 11/12/2021 FMF-023355 TRAVELODGE OCEANFRONT 11/12/2021 FMF-023356 OCEAN SURF INN AND SUITES 11/12/2021 FMF-023357 [RD 3105] SURF CITY INN 11/10/2021 FMF-023358 [RD 3115] SPRINGHILL SUITES MARRIOTT 11/19/2021 FMF-023359 [RD 3015] HOTEL EUROPA 12/12/2021 FMF-023360 [RD 2810] EXTENDED STAY AMERICA #494 11/12/2021 FMF-023361 [RD 3105] 777 MOTOR INN 11/12/2021 FMF-023362 [RD 3105] OCEAN VIEW MOTEL 9/27/2021 FMF-023363 [RD 4115] HYATT REGENCY HUNTINGTON BEACH RESORT 11/16/2021 FMF-023364 SHOREBREAK HOTEL AT THE STRAND 11/12/2021 FMF-023470 SUNSET SUITES High Rises 11/3/2021 FMF-000408 [RD 3015] HOTEL HUNTINGTON BEACH 12/15/2021 FMF-006768 [RD 4115] WATERFRONT HILTON BEACH RESORT 12/2/2021 FMF-017682 [RD 4115] PASEA HOTEL & SPA R2.1 8/25/2021 FMF-006201 [RD 3314] MERRILL GARDENS RETIREMENT HOME 6/14/2021 FMF-023471 [RD 3615] BEACH CITY SENIOR LIVING, LLC OBA SEA CLIFF ASSISTED LIVING 11/12/2021 FMF-001407 [RD 3615] HUNTINGTON TERRACE MBK SENIOR LIVING 5/19/2021 FMF-020256 OAKMONT SR LIVING APARTMENTS 11/8/2021 FMF-008072 [RD 3714] SUNRISE ASSISTED LIVING 720 PACIFIC COAST HWY MF 17631 Cameron Ln 19360 Beach Blvd 18382 BEACH BL VD 16301 BEACH BLVD 18112 BEACH BLVD 1102 PACIFIC COAST HWY 7971 YORKTOWN AVE 16912 PACIFIC COAST HWY 17205 PACIFIC COAST HWY 16555 PACIFIC COAST HWY 16220 PACIFIC COAST HWY 7872 EDINGER AVE 7561 CENTER AVE 46 5050 SKYLAB RD 16240 PACIFIC COAST HWY 16196 PACIFIC COAST HWY 21500 PACIFIC COAST HWY 500 PACIFIC COAST HWY 16401 PACIFIC COAST HWY 7667 Center Ave MF 21100 Pacific Coast Hwy 21080 Pacific Coast Hwy MF 17200 GOLDENWEST ST MF 18851 Florida St 18800 FLORIDA ST MF 18922 Delaware St MF 7401 YORKTOWN AVE MF 365 R4 10/7/2021 FMF-023416 [RD 3414] HB YOUTH 7291 TALBERT AVE SHEL TER/WAYFINDERS E 9/21/2021 FMF-023435 LIBERTY CHRISTIAN SCHOOL 7661 WARNER AVE A 9/28/2021 FMF-023437 [RD 3212] SPRING VIEW MIDDLE SCHOOL 16662 TRUDY LN 9/21/2021 FMF-023438 [RD 2812] CLEGG ELEMENTARY SCHOOL 6311 LARCHWOOD DR 9/23/2021 FMF-023439 STACEY MIDDLE SCHOOL 6311 LARCHWOOD 9/28/2021 FMF-023449 [RD 3012] CIRCLE VIEW ELEMENTARY SCHOOL 6261 HOOKER DR 9/27/2021 FMF-023450 [RD 3115] VISTA VIEW MIDDLE SCHOOL INTERIM 7721 JULIETTE LOW DR CAMPUS 10/7/2021 FMF-023453 [RD 3315] OAK VIEW SCHOOL 17241 OAK LN 10/13/2021 FMF-023454 [RD 3314] OCEAN VIEW HIGH SCHOOL 17071 GOTHARD ST 10/12/2021 FMF-023455 [RD 2712] HEBREW ACADEMY SCHOOL 14401 WILLOW LN 10/4/2021 FMF-023456 [RD 3113] COLLEGE VIEW ELEMENTARY 6582 LENNOX DR SCHOOL 9/29/2021 FMF-023466 [RD 3313] GOLDEN VIEW SCHOOL 17251 GOLDEN VIEW Ln 10/7/2021 FMF-023468 ST BONAVENTURE SCHOOL 16390 SPRINGDALE ST 11/30/2021 FMF-023433 [RD 4016] JOHN R PETERSON ELEMENTARY 20661 FARNSWORTH LN SCHOOL 11/4/2021 FMF-023434 [RD 4019] HUNTINGTON CHRISTIAN SCHOOL 9700 LEVEE DR 11/2/2021 FMF-023441 [RD 4118] EDISON HIGH SCHOOL 21400 MAGNOLIA ST 10/13/2021 FMF-023442 [RD 4218] EADER SCHOOL K-5 9291 BANNING AVE 11/16/2021 FMF-023444 [RD 3917] SA MOFFETT ELEMENTARY SCHOOL 8800 BURLCREST DR 12/15/2021 FMF-023445 [RD 3918] SAINTS SIMON & JUDE SCHOOL 20400 MAGNOLIA ST 10/28/2021 FMF-023446 [RD 3919] HAWES ELEMENTARY SCHOOL 9682 YELLOWSTONE DR [RALPH E.] 11/17/2021 FMF-023447 [RD 3820] PEGASUS SCHOOL 19692 LEXINGTON LN 12/21/2021 FMF-023448 [RD 3819] OKA SCHOOL 9800 YORKTOWN AVE 12/6/2021 FMF-023458 [RD 3718] TALBERT MIDDLE SCHOOL 9101 BRABHAM DR 11/29/2021 FMF-023465 [RD 3817] NEWLAND SCHOOL 8787 DOLPHIN DR 11/2/2021 FEO-003311 [RD 4118] EDISON HIGH SCHOOL 21400 MAGNOLIA ST 9/29/2021 FMF-023431 [RD 3413] MESA VIEW MIDDLE SCHOOL 17601 AVILLA LN 10/21/2021 FMF-023432 [RD 3613] SEACLIFF ELEMENTARY SCHOOL 6701 GARFIELD AVE 11/1/2021 FMF-023457 [RD 3914] AGNES L SMITH ELEMENTARY 77017TH ST SCHOOL 12/1/2021 FMF-023460 [RD 3412] HOPEVIEW ELEMENTARY SCHOOL 17622 FLINTSTONE LN 11/15/2021 FMF-023436 [RD 3311] MARINE VIEW MIDDLE SCHOOL 5682 TILBURG DR 10/19/2021 FMF-023452 [RD 3208] HARBOUR VIEW ELEMENTARY 4343 PICKWICK CIR SCHOOL 10/14/2021 FMF-023459 [RD 3011] MARINA HIGH SCHOOL 15871 SPRINGDALE ST 10/5/2021 FMF-023451 [RD 3316] LAKE VIEW SCHOOL 17451 ZEIDER LN 9/22/2021 FMF-023464 SCHROEDER ELEMENTARY SCHOOL 15151 COLUMBIA LN 11/2/2021 FMF-023461 [RD 3111] CARDEN CONSERVATORY 5702 CLARK DR ELEMENTARY/PRESCHOOL 366 11/2/2021 FMF-023462 [RD 3111] MONTESSORI CHILD DEVELOPMENT 5702 CLARK DR CENTER 11/1/2021 FMF-023463 [RD 3110] VILLAGE VIEW ELEMENTARY SCHOOL 5361 SISSON DR 11/12/2021 FMF-023469 LEPORT SCHOOL & CHILDRENS CENTER 16081 WAIKIKI LN 10/28/2021 FMF-023440 [RD 3109] GRACE LUTHERAN SCHOOL 5172 MCFADDEN AVE 367 AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MIND OC FOR PILOT MOBILE CRISIS RESPONSE PROGRAM THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and MIND OC, a California Corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated April 20, 2021, entitled "Professional Services Contract Between the City of Huntington Beach and Mind OC for Pilot Mobile Crisis Response Program" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B, which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Four Million Five Hundred Thousand Dollars ($4,500,000.00). The additional sum shall be added to the original sum of Three Million Dollars ($3,000,000.00), for a new contract amount not to exceed Seven Million Five Hundred Thousand Dollars ($7,500,000.00). 2. TERM The term of the Agreement is extended up and including June 30, 2026. 23-12811/309913 368 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on _________ ,, 2023. MIND OC By:~ ·// MarshallMo~c~ prinl name ---ITS: (circle one) Chairman resident ice President CEO AND By: ___ Y_·.~____,'0'-"'-;;L._'"' _· ___ _ Victor Jordan, CFO print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer -23-12811/309913 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk APPROVED AS TO FORM: City Attorney 2 369 EXHIBIT B Be Well ORANGE COUNTY Mobile Crisis Intervention Services Budget for Years 2023 -2025: Huntington Beach Coverage (21-hours with hours overlapping) with Care Coordination Support for 7 days (2 person team each 12-hrs) Option 1: Contract total amount stays the same for all 3 years, might need to adjust hours in years 2 & 3 (no COLA) Summary Costs FY 23-24 FY 24-25 FY 25-26 Personnel 1,147,858 1,147,858 1,147,858 Non-Personnel Operational Costs 122,672 122,672 122,672 Indirect Costs 127,053 127,053 127,053 Annual Costs (12 months) 1,397,583 1,397,583 1,397,583 Detailed Costs Personnel Costs FTE Hourly Rate Wages Benefits Annual Total @22% (12 mo) Crisis Intervention Workers 10.80 $ 32.00 718,848 158,147 876,995 Care Navigator 1.00 $ 27.00 56,160 12,355 68,515 HOPE City Manager 1.00 $ 47.38 98,550 21,681 120,231 Director, Mobile Response 0.20 $ 86.54 36,001 7,920 43,921 Exec Asst, Mobile Response 0.20 $ 43.33 18,025 3,966 21,991 Fleet Supervisor 0.20 $ 31.93 13,283 2,922 16,205 Medical Director -see Consultant -Personnel Costs Total 13.40 940,867 206,991 1,147,858 Non-Personnel Operational Costs Annual Total Supplies (uniforms, van, program, office) 16,000 Community Outreach & Travel Expenses 8,100 Technology & Phone Expense 24,000 Medical Director (Consultant) 18,000 Professional Development (Program Specific) 5,000 Van Insurance, Fuel, Upkeep 51,572 Non-Personnel Operational Costs Total 122,672 Ongoing Annual Total I 1,210,530 1 Indirect Costs Annual Total Indirect (10%) 127,053 !contract Total (12 months) 1,397,5831 370 Be Well ORAUGE COUtHY Mobile Crisis Intervention Services Budget for Year 2023 -2025: Huntington Beach Coverage (21-hours with hours overlapping) with Care Coordination Support for 7 days (2 person team each 12-hrs) Option 2: Contract total hours stay the same for all 3 years with cost adjustments in years 2 & 3 Years 2 & 3: Increases due to inflation and cost of living adjustment (COLA) of 3% Summary Costs FY 23-24 FY 24-25 FY 25-26 Personnel 1,147,858 1,182,294 1,217,763 Non-Personnel Operational Costs 122,672 126,352 130,143 Indirect Costs 127,053 130,865 134,791 Annual Costs (12 months) 1,397,583 1,439,510 1,482,696 Detailed Costs FY 23-24 Personnel Costs FTE Hourly Rate Wages Benefits @22% Crisis Intervention Workers 10.80 $ 32.00 718,848 158,147 Care Navigator 1.00 $ 27.00 56,160 12,355 HOPE City Manager 1.00 $ 47.38 98,550 21,681 Director, Mobile Response 0.20 $ 86.54 36,001 7,920 Exec Asst, Mobile Response 0.20 $ 43.33 18,025 3,966 Fleet Supervisor 0.20 $ 31.93 13,283 2,922 Medical Director -see Consultant Personnel Costs Total 13.40 940,867 206,991 Non-Personnel Operational Costs Supplies (uniforms, van, program, office) Community Outreach & Travel Expenses Technology & Phone Expense Medical Director (Consultant) Professional Development (Program Specific) Van Insurance, Fuel, Upkeep Non-Personnel Operational Costs Total Ongoing Annual Total l Indirect Costs Indirect (10%) Contract Total (12 months) FY 24-25 FY 25-26 Annual Total Annual Total Annual Total (12 mo) (12 mo) (12mo) 876,995 903,304 930,404 68,515 70,571 72,688 120,231 123,838 127,554 43,921 45,238 46,596 21,991 22,651 23,330 16,205 16,691 17,192 . . . 1,147,858 1,182,294 1,217,763 16,000 16,480 16,974 8,100 8,343 8,593 24,000 24,720 25,462 18,000 18,540 19,096 5,000 5,150 5,305 51,572 53,119 54,713 122,672 126,352 130,143 1,210,530 I 1,308,6461 1,347,9051 127,053 130,865 134,791 1,397,583 1,439,510 1,482,696 371 ~ MINDOC-001 FSORIANO ACORD·' CERTIFICATE OF LIABILITY INSURANCE I DATE (1.11,1/0D/YYYY) ~ 6/23/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If lhe certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to tho terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER License# 0767776 ~lltW~CT HUB lnternatfonal Insurance Services Inc. ritJgNJo, exit: (949) 623-3900 I r.e~ No):(949) 891-0407 4696 MacArthur Court Suite 600 ~.(•U'JI! ••. Newport Beach, CA 92660 INSURERISl AFFORDING COVERAGE NAICff 1usuRER A: Landmark American Insurance Com1Janv 33138 IHSUHrn 111suRER a ,Allmerlca Financial Benefit Insurance Companv 41840 MlndOC llfSUHERC' 18660 MacArthur Blvd, Ste 220 INSURE" D: Irvine, CA 92612 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 'MTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ISSUBJECTTOALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN~~ TYPE OF INSURANCE AODL ..... , ,~N,~,ti roLICY NUM8Ell .• POLICY oFF POLICY EXP LIMITS A X COMMERCIAL GEIIERAL LIABILITY EACH OCCURRENCE s 2,000,000 >-0 CLAIMS-MADE 0 OCCUR R~~fll'.i~J9J\E"!I.~E.-., 60,000 X LHC849142 5/21/2023 6/21/2024 s >-MEO EXP /Anv one oe,sonl $ 6,000 -2,000,000 PERSONAL & ADV INJURY s -4,000,000 11f L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s POLICY □ ff8i □ LOC PRODUCTS -COMP/OP AGO s 2,000,000 OlHER: PROFESSIONAL LI $ 2,000,000 8 ~TOMOfllLE LIABILITY 9~~!~1~~\,>?NGLE LIMIT s 1,000,000 X NNAUTO X AW3H57278102 214/2023 21412024 BODILY INJURY /Pet oersonl s -OWNED ~ SCHEDULED -AUTOS ONLY ,___ AUTOS BODILY INJURY IPe, accldenll s X ~B1!J>soNLY X ~&d~'i.~~ F~9~l.h1~AMAGE s -s UMBRELLA LIAB HOCCUR EACH OCCURRENCE s >-EXCESSLIAB CLAlMS-MAOE AGGREGATE s OED I I RETENTION s s WORKERS COMPENSATION I ~~!.tTUTE I I ~JH·. AND EMPLOYERS' LIABILITY YIN AIIY PROPRIETOM'ARTNERIEXECUTIVE □ NIA E.L. EACft ACCIDENT s fl,l'FluEr.iN~M~m EXCLUDED? an a ory n J E,L. DISEASE -EA EMPLOYEE s ~~;i~rt~~iw~PERATIONS be'.ow E,L. DISEASE -POLICY LIMIT s A Med Prof Llablllty LHC849142 6121/2023 6/21/2024 Each Claim 2,000,000 A Med Prof Liability LHC849142 5/21/2023 5/21/2024 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I Vl:IIICLES (ACORD IOI, Addlllonal Remarks Schedule, may be allached II moro •P••· Is required) RE: Mobile Crisis Reponse Team City of Huntington Beach, Its officers, elected or appointed offlclals, employees, agents and volunteers are Addltlonal Insured as respects to General Llablilty and Automobile Uablllly as required by written contract as per forms attached. APP OVED AS TO M CERTIFICATE HOLDER City of Hunllngton Beach 2000 Main Street Huntington Beach, CA 92648 ACORD 26 (2016/03) f.l.v• -1/ tvrtc!iA.£!1. E, GATES CITY ATTORNEY CANCELLATION l"'ITV OF HUNT! NGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENT/ITIVE f#414/(J-t-W-.. © 1968-2016 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD 372 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NATIONAL COUNCIL FOR COMMUNITY DEVELOPMENT (NDC). FOR TECHNICAL ASSISTANCE SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and, NATIONAL COUNCIL FOR COMMUNITY DEVELOPMENT (NDC), hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide Technical Assistance Services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSUL TANT hereby designates Diana Sasser who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULT ANT in the performance of this Agreement. 23-12958/3 !0598 1 of 12 373 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULT ANT are to commence on July 1, 2023 (the "Commencement Date"). This Agreement shall automatically terminate two (2) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than two (2) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the perfo1mance of the services described herein, CITY agrees to pay CONSULT ANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Hundred Fifty Six Thousand Eight Hundred Eighteen Dollars ($156,818). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 23-12958/310598 2 of 12 374 6. METHOD OF PAYMENT CONSUL TANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULT ANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall tum these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULT ANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSUL TANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. 23-12958/310598 3 of 12 375 The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULT ANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULT ANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's propo11ionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 23-12958/310598 4 of 12 376 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULT ANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith te1minate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification 23-12958/310598 5 of 12 377 of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULT ANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thi11y (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premmm. CONSULT ANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSUL TANT's defense, hold hmmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSUL TANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. 23-12958/310598 6 of 12 378 CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULT ANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULT ANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSUL TANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PA TENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 23-12958/310598 7 of 12 379 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. 380 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement 23-12958/3 l 0598 9 of 12 381 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterpaiis as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSUL TANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSUL TANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULT ANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incmTed by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the perfonnance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing paiiy. 23-12958/310598 10 of 12 382 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective paiiies to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or dainages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that paiiy has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the paiiies respecting the subject matter hereof. 23-12958/3 l 0598 11 of 12 383 29. EffcECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN vVITNESS WHEREOF. the parties hereto have caused this Agreement to be executed by an<l through their authorized officers. CONS U LT/\NT. N , , DF By:_\1-____ ~==:::::::: ___ _ .Uhl..£6-l it~ dZ. pnnl lllllllC ITS: (cirdt• one) C'h,1ir111a~c l'r1:sidc11I AND l~y: pn111 name (TS: (circh• 1Jm•) Sccrctar. ChicrFinnncial Office i\ssl. ~ccrct111')' Trcasun.:r 23-12958/J I 059S 12 of I 2 CITY OF HUNTINGTON Bl•:ACI-1. a municipal corporation or the State of California --------City Manager INITIATED AND APPROVL·'.D: Director or Community Development APPROVED /\S TO FORM: City Attorn~yv[(} Date RECEIVE AND VILE: City Clerk Date 384 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the paiiies hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, NATIONAL COUNCIL FOR COMMUNITY DEVELOPMENT (NDC) By: ---------------print name ITS: (circle one) Chairman/President/Vice President AND By: ---------------print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary -Treasurer 23-12958/310598 12 ofl2 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California INITIATED ~ Director of Community Development Date --------------RECEIVE AND FILE: City Clerk Date --------------385 A. EXHIBIT "A" STATEMENT OF WORK: (Narrative of work to be performed) Technical Assistance Services, see Scope of Services Attached Standard disclaimger regarding NDC's compliance with Section 975 of the Dodd-Fran! Wall Street Reform and Consumer Protection Act ("Dodd-Frank") and amended Section 15B of the Securities and Exchange Act of 1934 ("Exchange Act") The National Development Council is not a Registered Municipal Advisor as defined in Dodd-Frank and the Exchange Act and therefore cannot provide advice to a municipal entity or obligated person with respect to municipal financial products or the issuance of municpal securities, including structure, timing, terms, or other similar matters concerning such financial products or issues. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. D. 1. Assist in design, implementation and monitoring of financing elements of an economic development plan and small business development. 2. Assist the Client with the marketing, structuring and underwriting U.S. Economic Development Administration (EDA) loans. 3. Review and evaluate projects being considered by the Client for community and economic and housing development program proposals. 4. Provide technical suppmt or financial analysis to the Client with respect to its economic and housing development program proposals 5. Provide technical assistance and advocacy in the Client's efforts to seek funding or leverage existing resources through governmental programs. 6. NDC will facilitate access its nationally recognized development finance training for the staff and Comissioners for the City. 7. NDC shall make available programs and associated financial products administered byNDC. 8. Marketing, developing and maintaining the commitment of lending institutions, developers, federal state and local government officials and community groups to redevelopment plans and/or specific projects. 9. Training in the development of financing tools, financing analysis skills, loan programs and packaging requirements in both housing and economic development. CITY'S DUTIES AND RESPONSIBILITIES: Provide information as necessary related to projects assigned to consultant. WORK PROGRAM/PROJECT SCHEDULE: Varying timeline schedules for projects will be mutally agreed upon between City and Client. 1 Exhibit B 386 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) I. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY and or otherwise arranged with CITY. 2. CONSULT ANT shall be entitled to payment toward the fixed fee set fmth herein in accordance with the following: Year 1: $77,250 (paid monthly $6,437.50 Year 2: $79,568 (paid monthly $6,630.67 3. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULT ANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULT ANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULT ANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSUL TANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULT ANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULT ANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B 387 I 2 3 4 5 6 7 8 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Table of Contents Scope of Services ..................................................................................................... 1 City Staff Assistance ................................................................................................ 2 Term; Time of Performance .................................................................................... .2 Compensation .......................................................................................................... 2 Extra Work ............................................................................................................... 2 Method of Payment .................................................................................................. 3 Disposition of Plans, Estimates and Other Documents ........................................... 3 Hold Harmless ........................................................................................................ .3 9 Professional Liability Insurance ............................................................................ .4 10 Certificate ofinsurance ............................................................................................ 5 11 Independent Contractor ............................................................................................ 6 12 Termination of Agreement ....................................................................................... 6 13 Assignment and Delegation ...................................................................................... 6 14 Copyrights/Patents ................................................................................................... 7 15 City Employees and Officials .................................................................................. 7 16 Notices ......................................................................................... 7 17 18 19 Consent .................................................................................................................... 8 Modification ............................................................................................................. 8 Section Headings ..................................................................................................... 8 20 Interpretation of this Agreement .............................................................................. 8 21 Duplicate Original .................................................................................................... 9 22 Immigration ............................................................................................................... 9 23 Legal Services Subcontracting Prohibited ................................................................ 9 24 Attorney's Fees .......................................................................................................... 10 25 Survival ..................................................................................................................... 10 26 Governing Law ......................................................................................................... 10 27 Signatories ................................................................................................................. 10 28 Entirety ...................................................................................................................... I 0 29 Effective Date ................................................................................. 11 388 City of Huntington BeachFY 2023/24 Budget AdoptionCity Council Public HearingJune 6, 20231389 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 Considerations2390 FY 2022/23 General Fund Budget Update3391 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)4392 Proposed FY 2023/24 General Fund Budget Review5393 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 Funds289,200Personnel Costs181,585Operating Costs55,315Non‐Operating Costs **48,664Total Expenditures285,564Surplus / (Deficit)$3,636---------• 394 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~ / Jj 395 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 settlement8396 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 CATEGORY397 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 transfers10398 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 equipment11399 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)12400 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 370,000 128,250128,250Personnel Cost ‐ Graphic Designer93,80593,805Personnel Cost ‐ Multi‐Media Officer175,065175,065Total$455,000 $498,870$598,870------------------------------· 401 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)14402 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 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24FY 2023/24 Full Time Equivalent – General FundPre‐COVID15Proposed Budget 403 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 2025/26404 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% return405 CalPERS UAL Payment Projection18CalPERS UAL Payments based on projected CalPERS 5.5% Return in FY22/23 and 6.8% moving forward25 21.9 22.2 22.1 22.0 21.9 20 8.5 15 Vl C 0 2 10 5 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 2031-32 2032-33 -Baseline Addt'I General Fund Section 115 Trust -shortfall ~UAL Payment 406 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.Balance as of June 30, 2022 (in thousands) Cityview Replacement $ 1,028 Triple Flip 109 Strategic Initiatives 16,536 Housing Agreement 1,657 Year-End Fair Value 1,983 Total Recommended for Consolidation 21,313 Economic Uncertainties Reserve 26,114 Economic Uncertainties Reserve (revised) $47,427 Two-Month Reserve Requirement $47,215 407 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.408 FY 2023/2024 Capital Improvement Program (CIP))J~ :-----... ~-==--t>.a-:::::::::=;:-==-=-~=========~;:-_.__.Jfj • •r. • 409 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 rating22410 FY 2023/24 Key Budget Components and Approval Requested23411 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 departments412 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 services413 Questions?414 Switzer, Donna From: Sent: To: Subject: Fikes, Cathy Friday, June 2, 2023 2:28 PM Agenda Alerts FW: NO to parts of Agenda Item 23/24 Proposed Budget From: Paula Schaefer <pas92649@gmail.com> Sent: Friday, June 2, 2023 2:04 PM To: CITY COUNCIL <city.council@surfcity-hb.org> Subject: NO to parts of Agenda Item 23/24 Proposed Budget Dear City Council Members: I urge you to vote NO to increasing the number of additional employees to supplement the City Attorney's office. It is not cost-efficient to hire three (3) full-time attorneys at a cost of $590,000 annually. For that significant annual commitment of funds, I believe that the City would be able to procure outside counsel legal services with the requisite expertise. I believe this is true based upon the following factors: 1) the unpredictable path that litigation has may lead to an excessive amount of unused staff time 2) the need for specific expertise that may be necessary in any individual case that may result in the City hiring outside counsel to supplement where the City Attorney's office does not have the expertise, thus resulting in duplication of payment 3) my own experience working in City Government with two other OC cities that had a combination of city attorney employees appropriately supplemented by outside counsel. Again, I urge you to vote NO to supplement the City Attorney's office with 3 new employees. Paula Schaefer SUPPLEMENTAL COMMUNICATION Meeting Date: _ __,;.~..,_/.;..ttJ.:..../ 2_3 __ ;) lf_/c,23-'-IC 1J Agenda Item No.:,_ ____ ..... ~ ___ ...,~,._-_ 1 415 Switzer, Donna From: Sent: To: Subject: Fikes, Cathy Tuesday, June 6, 2023 8:45 AM Agenda Alerts FW: Comment re item 24, 6-6-23 council meeting From: Dan Jamieson <danjamieson4@gmail.com> Sent: Tuesday, June 6, 2023 8:17 AM To: CITY COUNCIL <city.council@surfcity-hb.org> Subject: Comment re item 24, 6-6-23 council meeting Comment re item 24, 6-6-23 council meeting Dear City Council: The proposed upcoming budget proposal includes four new positions at a cost of $687,000 a year for the city attorney's office. Please stop this expansion of the city attorney's office. The city attorney and the council majority have taken it upon themselves to engage in expensive frivolous litigation with the state. The city has already been hit with a $3.5 million legal bill from a prior housing case, and decided to pay out untold millions to the air show promoter. All this after giving city attorney Gates a raise after he drove out prior staff, which cost the city a large age-discrimination settlement. Now we hear that, in order to save money, the proposed city budget will put residential street paving on a 12-year cycle instead of the current 9-year cycle. This is unacceptable. Stop the expansion of the city attorney's office. Please stop wasting money on politically motivated lawsuits and taxpayer giveaways to favored interests. Sincerely, Dan Jamieson Huntington Beach ,1Ul -lE ~ · TAL COMMUN~CATiON Meeting Date: if;/ U? I 23 Agenda liem No.d'-1 ( dU-'-1'79 1 416 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-522 MEETING DATE:6/20/2023 REQUEST FOR CITY COUNCIL / HOUSING AUTHORITY ACTION SUBMITTED TO:Honorable Mayor and City Council Members / Honorable Chairman and Board Members SUBMITTED BY:Al Zelinka, City Manager / Executive Director VIA:Travis K. Hopkins, Assistant City Manager PREPARED BY:Ursula Luna-Reynosa, Director of Community Development Brian Smith, Lieutenant / Manager, Police Department Community Outreach Bureau / Homeless and Behavioral Health Services Subject: **Future Development of 17642 Beach Blvd. Statement of Issue: In August of 2020, the City of Huntington Beach Housing Authority (the “Housing Authority”) utilized funds from the Low and Moderate Income Housing Asset Fund (“LMIHAF”) to purchase a parcel of land located at 17631 Cameron Lane and entered into a lease to use the adjacent parcel at 17642 Beach Blvd. In January 2021, the Housing Authority completed the acquisition of 17642 Beach Blvd. also using funds from LMIHAF. Combined, this 1.6 acre site (the “Site”) was purchased for a future affordable housing project. At about the same time, the City was in the process of identifying properties that could serve as the location of a temporary homeless shelter (“Navigation Center”), a facility intended to provide shelter and services for up to 174 individuals experiencing homelessness. The City ultimately selected the Site as an interim location for the Navigation Center. Since LMIHAF was used to purchase the Site, the land must eventually be utilized for a qualifying affordable housing project within a reasonable time frame. If the Site is not ultimately used for such a project, the City must reimburse the LMIHAF with another funding source, which will most likely be General Fund dollars. On June 7, 2022, the Housing Authority Board Members authorized the Executive Director to execute an Exclusive Negotiations Agreement (the “Agreement”) with Jamboree Housing to explore the development of the Site for a multi-use development that would include an affordable housing component. Staff is now seeking further direction from the City Council/Board Members on the future use of the Site. City of Huntington Beach Printed on 6/16/2023Page 1 of 5 powered by Legistar™417 File #:23-522 MEETING DATE:6/20/2023 Financial Impact: The Recommended Action does not require any commitment of funding at this time. Recommended Action: A) Receive and file this report; and B) Provide direction to staff regarding future use of the Site. Alternative Action(s): Provide alternative direction to staff. Analysis: History and Background on LMIHAF In 1945, the California Legislature enacted the Community Redevelopment Act to assist local governments in eliminating blight through development, reconstruction, and rehabilitation of residential, commercial, industrial, and retail districts. In 1951, the Legislature superseded the Community Redevelopment Act with the Community Redevelopment Law (“CRL”), which provides funding from local property taxes to promote redevelopment of blighted areas. The CRL also established the authority for tax increment financing (“TIF”), which is a public financing method to subsidize redevelopment, infrastructure, and other community-improvement projects. TIF uses future increases in property taxes to subsidize current improvements, which are projected to create the conditions for the increases. For example, the completion of a public project might result in an increase in the value of surrounding real estate, which generates additional tax revenue. In 1976, the legislature required that 20 percent of all tax increment generated through redevelopment be set aside to create, preserve, and improve housing for low and moderate-income persons. Known as “housing set aside”, this source of funding became an important tool for the development of affordable housing in California and created tens of thousands of housing opportunities for the State's low and moderate-income residents, including in Huntington Beach. In 2011, to respond to State budget deficits, Governor Jerry Brown proposed and the State Legislature approved legislation that dissolved redevelopment agencies. On June 28, 2011, the Governor signed AB 26 1X, requiring creation of successor agencies to oversee the dissolution process. After a period of litigation, redevelopment agencies were officially dissolved as of February 1, 2012. Successor agencies were able to retain housing assets, continue to enforce housing covenants and restrictions, and exercise all other rights, powers, duties, and obligations of the former redevelopment agency as it related to affordable housing. As part of dissolution operations related to housing assets and activities of successor agencies, each housing successor was required to establish a restricted fund called the Low and Moderate Income Housing Asset Fund (“LMIHAF”). In Huntington Beach, the Housing Authority was established in 2011 per Health & Safety Code Sections 34200 et. seq. for the purpose of addressing a shortage of safe and sanitary dwelling accommodations in the City available to persons of low income at rents they can afford. On January 9, 2012, the City Council approved Resolution No. 2012-01 to confirm the City’s role as the successor to the Redevelopment Agency (the “Successor Agency”) and Resolution No. 2012-02 to City of Huntington Beach Printed on 6/16/2023Page 2 of 5 powered by Legistar™418 File #:23-522 MEETING DATE:6/20/2023 successor to the Redevelopment Agency (the “Successor Agency”) and Resolution No. 2012-02 to confirm the Housing Authority’s role as the housing successor (the “Housing Successor”). As the Housing Successor, the Housing Authority retained all funds in the LMIHAF and is authorized to manage these affordable housing assets and to exercise the housing functions that the former Redevelopment Agency previously performed. While this account does not receive new TIF, the account does collect money from the repayment of loans previously provided by the Redevelopment Agency. The Housing Authority is required to expend funds in the LMIHAF to meet its enforceable obligations, if any, and for specified administrative and monitoring costs related to ensuring the long- term affordability of units subject to affordability restrictions. The Housing Authority may then expend a specified amount per fiscal year on homeless prevention and rapid rehousing services, and must use all remaining funds for the development of affordable housing. Unencumbered funds in the LMIHAF that exceed the greater of $1M or the aggregate amount deposited into the fund during the preceding four fiscal years, results in “excess surplus”. The Housing Authority is required to prepare and submit an annual report to the City Council regarding the LMIHAF (the “Annual Report”). The Annual Report sets forth certain details of the Housing Authority activities (assets and activities) during the fiscal year. One function of the Annual Report is to conduct an “Excess Surplus Test” which provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Authority has had excess surplus and a plan to eliminate the excess surplus. Excess surplus, once identified in an Annual Report, must be encumbered by an eligible activity, within three fiscal years. Failure to encumber the excess surplus within the allocated timeframe requires that the Housing Authority either 1) transfer the excess surplus to another eligible jurisdiction for an eligible use or 2) transfer the excess surplus to the Department of Housing and Community Development to be used for certain eligible uses within 90 days of the end of the third fiscal year. In Fiscal Year 2019/2020,the Housing Authority received a large deposit in excess of $6.5M due to a re-syndication of a Low Income Housing Tax Credit (LIHTC) project where the Housing Authority provided funds to the deal. As a result, excess surplus in excess of $3M was anticipated if the Housing Authority did not encumber funds within the Fiscal Year 2020/2021. To avoid forfeiting funds to the State, the City began looking for properties to purchase for future affordable housing opportunities. History of 17631 Cameron Lane and 17642 Beach Blvd. (Site) Ultimately, on August 19, 2020 and January 5, 2021, a total of $6,094,847 of LMIFHAF funds were used to purchase the Site for use as a future affordable housing development. The purchase of the Site resolved the City’s anticipated excess surplus situation. In 2018 the City began exploring locations to establish a Navigation Center to provide shelter and services to 174 individuals experiencing homelessness in Huntington Beach. After exploring several different sites, the City chose to build a temporary Navigation Center on the Site, understanding that at some point in the near future, affordable housing must be developed on the Site or the $6,094,847 used to acquire the Site must be reimbursed to the LMIHAF. City of Huntington Beach Printed on 6/16/2023Page 3 of 5 powered by Legistar™419 File #:23-522 MEETING DATE:6/20/2023 In December of 2020, a new address was assigned for both lots as 17642 Beach Boulevard with different suites assigned to the various structures and the 17631 Cameron Lane address was eliminated. This address change was made for multiple purposes including fire response, US postal service, and utilities as the two lots are accommodating one use. On March 22, 2022, a Request for Qualifications (RFQ) was released by the Housing Authority seeking a real estate developer to develop, finance, and manage a new mixed-use development, potentially consisting of a homeless shelter, a sobering center, support services, and transitional and affordable housing at various income levels. On June 7, 2022, the City Council authorized the Housing Authority’s Executive Director to execute a no-cost Agreement with Jamboree Housing to provide exclusive negotiations and explore the development of the Site. Four Concepts for Use of the Site Since the execution of the Agreement, staff has explored various uses and potential development scenarios of the Site that would comply with zoning requirements, benefit the community, increase housing opportunities for low-income individuals and those experiencing homelessness or at-risk of experiencing homelessness, and with limited fiscal liability for the City. Staff has identified four concepts for potential uses of the Site, including the following: Concept 1: Healing Center Develop a full-scale Healing Center, consisting of a Navigation Center, sobering center, facilities for support services, and a combination of transitional, permanent supportive, and affordable housing. Concept 2: Pathways Project Develop a multi-use facility, consisting of a Navigation Center and permanent supportive housing. Concept 3: Permanent Supportive or Affordable Housing Options Develop only permanent supportive or affordable housing and identify an alternate location for a Navigation Center. Concept 4: Navigation Center Only Develop a permanent Navigation Center for individuals experiencing homelessness. Because a Navigation Center does not qualify as an affordable housing project, this option would require the City to reimburse the LMIHAF, most likely using General Funds. As an alternative, the City Council could choose to not develop the Site for any of the above options; however, long-term use of the Site for anything other than a qualifying affordable housing development would require repayment of the LMIHAF, which would trigger excess surplus for the Housing Authority. As outlined earlier in this staff report, a finding of excess surplus would require the City of Huntington Beach Printed on 6/16/2023Page 4 of 5 powered by Legistar™420 File #:23-522 MEETING DATE:6/20/2023 Housing Authority. As outlined earlier in this staff report, a finding of excess surplus would require the Housing Authority to encumber or transfer the funds within three fiscal years. At this time, selection of one of the above proposed concepts would not commit the City to any development of the Site; rather it would provide guidance to Jamboree Housing, allowing them to refine development concepts and identify funding sources for the development. At a future date, proposals would be brought before the Housing Authority Board for consideration, along with project details including concept design, operations plan, estimated total project costs for construction, projected costs for operation, sources of funding (including any Housing Authority or City contributions), developer’s responsibilities, etc. 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: Economic Development & Housing Attachment(s): 1. PowerPoint Presentation City of Huntington Beach Printed on 6/16/2023Page 5 of 5 powered by Legistar™421 Huntington Beach City Council and Housing Authority Future Development of 17642 Beach Blvd. June 20, 2023 422 Overview •History of Redevelopment and Dissolution •Site Acquisition •Current Status •Development Concepts •Alternative Option •Conclusion •Questions 423 •Purpose of Community Redevelopment Act •How are redevelopment activities funded? •Tax Increment Financing (TIF) •Housing Set Aside •20% of TIF must be used for affordable housing History -Redevelopment 424 History -Dissolution •Dissolution of redevelopment •Successor Agency •Recognized Obligation Payment Schedule (ROPS) •Housing Successor •Low Moderate Income Housing Asset Fund (LMIHAF) •Annual Report –Excess Surplus Test 425 History –Housing Successor •HB Housing Authority designated as Housing Successor •Large Deposit (in excess of $6.5M) in FY 29/20 would generate “Excess Surplus” in next Annual Report •Encumber funds within next three fiscal years; or •Transfer amount of “Excess Surplus” to another qualified entity for a qualified project; or •Transfer amount of “Excess Surplus” to Department of Housing and Community Development •Opportunity to acquire property became available to resolve “Excess Surplus” situation 426 Site Acquisition •August 2020 & January 2021 –Project Site Acquired •December 2020 –Navigation Center Opened •June 2022 –Exclusive Negotiations Agreement (ENA) with Jamboree Housing Corporation Approved 427 Current Status On June 7, 2022, the Housing Authority Board Members authorized the Executive Director to execute an Exclusive Negotiations Agreement (the “Agreement”) with Jamboree Housing to explore development of the Site for a multi-use Healing Center development. On December 20, 2022, the City Council tabled a motion to authorize the Executive Director to Sign a Letter of Support for Jamboree Housing Corporation’s application for grant funds from the California Departments of Health Care Services and Social Services through the Behavioral Health Continuum Infrastructure and the Community Care Expansion Program. On May 9, 2023, City Council members toured two permanent supportive housing sites in Anaheim, Rockwood Apartments and Finamore Place, both operated by Jamboree Housing. 428 Development Concepts Healing Center •Develop a facility consisting of a Navigation Center, sobering center, facilities for support services, and a combination of transitional, permanent supportive, and affordable housing. Pathways Project •Develop a multi-use facility, consisting of a Navigation Center and permanent supportive housing. Housing Only •Develop only permanent supportive and /or affordable housing options and identify an alternate location for a Navigation Center. Navigation Center Only •Develop a permanent Navigation Center and reimburse the LMIHAF account. 429 Alternative Option As an alternative, the City Council could choose to not develop the Site for any of the above options; however, long-term use of the Site for anything other than a qualifying affordable housing development would require repayment of the LMIHAF account, which would trigger excess surplus for the Housing Authority. As outlined in this staff report, a finding of excess surplus would require the Housing Authority to encumber or transfer the funds within three fiscal years. 430 Conclusion At this time, selection of one of the above proposed concepts would not commit the City to any development of the property, rather it would provide guidance to Jamboree Housing, allowing them to refine the concepts and identify funding sources for the development. At a future date, proposals will be brought before the Housing Authority Board for consideration, along with project details including concept design, operations plan, estimated total project costs for construction, projected costs for operation, sources of funding (including any Housing Authority or City contributions), developer’s responsibilities, etc. 431 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-525 MEETING DATE:6/20/2023 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 Management Association (PMA) and the City of Huntington Beach for July 1, 2023 through June 30, 2026. Statement of Issue: Introduction of the Proposed Memorandum of Understanding between the Huntington Beach Police Management Association (PMA) and the City of Huntington Beach for July 1, 2023 through June 30, 2026. Financial Impact: Pursuant to the terms reached in the MOU with PMA, the total projected cost of the labor pact as estimated by the Finance Department is approximately $469,000 in Year 1; $291,000 in Year 2; and $298,000 in Year 3. The cost of the contract is estimated to total $1.2 million annually including the cost increases to the City’s CalPERS expenses beginning in Fiscal Year 2026/27. Recommended Action: Approve introduction of the proposed Memorandum of Understanding Between the Huntington Beach Police Management Association and the City of Huntington Beach for the period July 1, 2023 through June 30, 2026. Alternative Action(s): Do not approve the introduction of the proposed successor MOU for PMA 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 Management Association has 13 City Employees. Representatives for the City and PMA engaged in active discussions on a new labor agreement, and City of Huntington Beach Printed on 6/15/2023Page 1 of 3 powered by Legistar™432 File #:23-525 MEETING DATE:6/20/2023 ultimately reaching a tentative agreement on a 3-year contract term in June of 2023. Key changes in the proposed MOU include the following: Term of Agreement July 1, 2023 through June 30, 2026 Wage Increase ·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 ·Advance POST Certification: Increase the premium for possession of an advanced POST certificate from 6% to 8% beginning the pay period including 7/1/2023. ·Special Pay - Incentive Program: Executive Development - Added language to provide the following as option to receive 5% incentive: The California Police Chief’s Executive Leadership Institute at Drucker School of Management AND possession of a Master’s Degree AND two (2) years’ management experience. ·Longevity Pay: Increase of longevity pay for employees with 20+ years of sworn law enforcement experience from 11% to 16%. ·Change language for Acting Assignments to provide payment of assignments in a higher classification with the continuous period of 28 days. Allow for retroactivity of pay for all time worked in the assignment. ·Removal performance Bonus program. Health Insurance Benefits ·Health Benefits - the City’s contribution towards employee’ health insurance at each plan level (i.e. Employee, Employee + 1, Employee + 2 or more) shall increase as follows: o January 1, 2024, increase monthly contributions to medical insurance for single, two- party and family by $39, $78 and $101, respectively. o January 1, 2025, increase monthly contributions to medical insurance for single, two- party and family by $33, $66 and $84, respectively. 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. ·Cash Out of Compensatory Time Off - added language: Twice each year, employees may, at their option, be paid for their compensatory time off. Payment when requested under this City of Huntington Beach Printed on 6/15/2023Page 2 of 3 powered by Legistar™433 File #:23-525 MEETING DATE:6/20/2023 section shall be at the employee’s regular rate of pay in effect at the time the request is made Other Items ·Alternative Dispute Resolution Agreement: Term of the Agreement modified to remove 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. 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 City of Huntington Beach Printed on 6/15/2023Page 3 of 3 powered by Legistar™434 City of Huntington Beach Police Management Association Tentative Agreement June 13, 2023 Article # Subject Proposal XVI Term of Memorandum of Understanding July 1, 2023 – June 30, 2026 III (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 percent (5.0%). Effective the pay period including July 1, 2025, employees will receive a base salary increase of five percent (5.0%). V 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. IX (B)(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. XII (B) (2) Work Schedule/Exempt Compensatory Time and Executive Leave Added language: 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 435 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 XIII (A) Special Pay – Advanced POST Certification Increase the premium for possession of an Advanced POST certificate from 6% to 8% the pay period including 7/1/23 XIII (C) (3) Special Pay – Incentive Program: Executive Development Added language: The California Police Chief’s Executive Leadership Institute at Drucker School of Management AND possession of a Master’s Degree AND two (2) years’ management experience; or XIII (D) (2) Special Pay – Longevity Pay Increase of longevity pay for employees with 20+ years of sworn law enforcement experience from 11% to 16%. XIII (c) Special Pay – Acting Assignment Modification to language: When a member of this unit is assigned by the Chief of Police to work in a position of higher classification or pay range for a continuous period of twenty eight (28) or more calendar days, they shall retroactively be compensated “acting” pay in the amount of ten percent (10%) for all time worked in the acting assignment, beginning from the first day assigned The assigned employee must submit a memorandum to the Chief of Police indicating the date of assignment and hours assigned before compensation can be paid. Nothing in this section shall limit the Chief of Police, to assign employees temporarily to a position of higher classification for a period of less than twenty‐eight (28) days for operational needs. 436 City of Huntington BeachDraft Costing Summary City Proposal #1 6‐13‐23 Proposed Term: 3 yearsYear 1Year 2Year 3MOU Item #DescriptionEstimated YOYImpactEstimated YOYImpactEstimated YOYImpactTotal Cost of Proposal Ongoing Cost *Year 1Year 2Year 3% Cost IncreaseNotes:1Term: 3 years (Jul 1, 2023 ‐ Jun 30, 2026)Salary IncreasesSworn253,923 267,102 280,727 801,752 940,343 5.10%5.36%5.63%16.09%Advanced POSTSworn70,495 3,596 3,779 77,870 77,870 1.41% 0.07% 0.08% 1.56%Longevity PaySworn137,181 6,998 7,355 151,533 151,533 2.75% 0.14% 0.15% 3.04%General Leave AccrualSworn‐ ‐ ‐ ‐ ‐ 0.00%Compensatory Time CashoutSworn‐ ‐ ‐ ‐ ‐ 0.00%Health BenefitsSworn7,368 13,506 6,138 27,012 27,012 0.15% 0.27% 0.12% 0.54%Total Cost of Proposal468,967 291,202 297,999 1,058,167 1,196,758 9.41% 5.84% 5.98%21.24%* Ongoing Cost includes impact of proposed contract increases on the City's UAL. Additional liabilities are incurred during FY's 26/27 ‐ 28/29 due to a lag in PERS reporting.25%, 5%, 5%. Total increase = 16.09%3Increase by 2% from 6% to 8%6New ‐ ability to cash out twice per year7Increase to monthly contributions beg. Jan 1, 2024 and Jan 1, 20254Increase by 5% for 20+ yrs of service, from 11% to 16%5Based on total sworn experience, rather than only at COHB.~ HUNTINGTON BEACH 437 Introduction of Proposed Memorandum of Understanding with the Police Management Association (PMA) CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING June 20, 2023 438 Overview Pursuant to the Meyers-Millias Brown Act (MMBA) the City has been meeting and conferring in good faith during June of 2023 with the PMA. We reached tentative agreement with the PMA in June 13, 2023. While the City has no obligation to accept the proposed labor agreements, the City does need to formally consider the negotiated labor pact. 439 Proposed Memorandum 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 and adjustments to various pay programs such as Advance POST Certificate Pay, Executive Development, Longevity Pay, Acting Assignments, as well as other types of special pay. • Clarification for Compensatory Time Off Cash Out • Increases in City Contribution for Health Benefits 440 Fiscal Impact Fiscal Year Project FY 2023/24 $469,000 FY 2024/25 $291,000 FY 2025/26 $298,000 FY 2026/27 $142,000 Total $1.2 million - I I~ ~ I ~ I J ~ L I 441 City Council Options Approve the Introduction of the Proposed Successor Memorandum of Understanding with PMA Do not approve introduction of the Agreement, and direct staff to: 1) Continue to meet and confer with the PMA 2) Utilize the impasse procedures contained within the City’s Employer-Employee Relations Resolution 442 Questions? 443 Tentative Agreement – June 13, 2023 Memorandum of Understanding Between Huntington Beach Police Management Association and City of Huntington Beach July 1, 20213 – December 31June 30, 20236 444 POLICE MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS PMA MOU July 1, 20231 through JuneDecember 301, 20263 i PREAMBLE ................................................................................................................ 1 ARTICLE I -- REPRESENTATIONAL UNIT ................................................................... 1 ARTICLE II -- EXISTING CONDITIONS OF EMPLOYMENT ......................................... 1 ARTICLE III -- SALARY SCHEDULES ........................................................................... 1 A.SALARY SCHEDULE EXHIBIT A ......................................................................................... 2 B. MODIFIED SALARY SCHEDULE ........................................................................................ 2 C. PERFORMANCE BONUS .................................................................................................. 2 ARTICLE IV - RETIREMENT .......................................................................................... 3 A. CLASSIC SAFETY EMPLOYEE RETIREMENT BENEFITS ....................................................... 3 1. 3 @ Age 50 Plan .......................................................................................................................... 3 2. 1959 Survivors' Benefits .............................................................................................................. 3 3. Pre-retirement Optional 2 Death Benefit ...................................................................................... 3 4. One Year Final Compensation ..................................................................................................... 3 5. Classic Safety CalPERS Member Contribution ........................................................................... 3 6. Classic Member Safety CalPERS Cost Sharing .......................................................................... 3 B. Self-Funded Supplemental Retirement Benefit ........................................................................................ 4 C. CalPERS "New Member" Retirement Benefits ......................................................................................... 4 D. "New Member" Safety Retirement Benefits .............................................................................................. 4 1. CalPERS "New Member" Safety Retirement Formulas ............................................................... 4 2. 1959 Survivors' Benefit Level IV .................................................................................................. 4 3. Pre-Retirement Optional Settlement 2 Death Benefit .................................................................. 4 4.Three Year Final Compensation ................................................................................................... 4 5. New Member Safety CalPERS Member Contributions ................................................................ 4 6. New Member Safety CalPERS Cost Sharing .............................................................................. 4 ARTICLE V -- HEALTH AND OTHER INSURANCE BENEFITS ................................... 5 A. HEALTH .................................................................................................................. 5 1. CalPERS Public Employees' Medical and Hospital Care Act (PEMHCA)................................... 5 a. PEMHCA Employer Contributions .......................................................................................... 5 b. Maximum Employer Contributions Towards Flex Benefits ..................................................... 5 2. Dental Insurance .......................................................................................................................... 6 3. Retiree (Annuitant) Coverage ...................................................................................................... 7 a. City Contribution (Unequal Contribution Method) for Retirees ............................................... 8 b. Termination of Participation in the CalPERS PEMHCA program - Impact to Retirees .......... 8 c. Termination Clause ................................................................................................................. 8 4. Medical/Vision Cash-Out ............................................................................................................. 8 B. SECTION 125 EMPLOYEE PLAN ................................................................................ 9 - - - 445 POLICE MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS PMA MOU July 1, 20231 through JuneDecember 301, 20263 ii C. LIFE INSURANCE ..................................................................................................... 9 D. CITY CONTRIBUTION TOWARDS LTD INSURANCE AND LTC PROGRAM ........................ 9 E. EMPLOYEE WELFARE BENEFIT TRUST FUND ........................................................... 10 ARTICLE VI -- BEREAVEMENT LEAVE ...................................................................... 11 ARTICLE VII -- ADDITIONAL MANAGEMENT BENEFITS ......................................... 11 A. TAKE HOME VEHICLE USE ..................................................................................... 11 B. BILINGUAL PAY ..................................................................................................... 11 C. UNIFORM ALLOWANCE ........................................................................................... 12 D. MEAL ALLOWANCE ................................................................................................ 12 1. Per Diem .................................................................................................................................... 12 2. Per Diem Schedule .................................................................................................................... 13 E. MILEAGE ALLOWANCE ........................................................................................... 13 F. Effective Date of Additional Management Benefits ............................................. 13 ARTICLE VIII -- CONTROLLED SUBSTANCE AND ALCOHOL TESTING ................ 13 ARTICLE IX–LEAVE BENEFITS .................................................................................. 13 A. ANNIVERSARY DATE .............................................................................................. 13 B. GENERAL LEAVE ................................................................................................... 14 1. Purpose ..................................................................................................................................... 14 2. Anniversary Date ....................................................................................................................... 14 3. Annual General Leave Eligibility ................................................................................................ 14 4. General Leave Accrual .............................................................................................................. 14 5. Use of General Leave ................................................................................................................ 15 6. General Leave Conversion to Pay During Employment ............................................................ 15 7. Transfer of the Value of General Leave at Separation .............................................................. 15 C. POLICE LIEUTENANT SICK LEAVE (PROBATIONARY PERIOD) .................................... 16 D LEAVE BENEFIT ENTITLEMENTS .............................................................................. 16 E. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ........................................ 16 ARTICLE X SICK LEAVE PAY OUT ........................................................................... 16 ARTICLE XI -- HOLIDAYS ........................................................................................... 17 A. CITY PAID HOLIDAYS ............................................................................................. 17 B. HOLIDAY COMPENSATION - EFFECTIVE UNTIL DECEMBER 31, 2021 .......................... 17 C. SHIFT DIFFERENTIAL PAY ...................................................................................... 18 D. HOLIDAY IN LIEU PAY - EFFECTIVE JANUARY 12, 2022 ............................................. 18 - - - 446 POLICE MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS PMA MOU July 1, 20231 through JuneDecember 301, 20263 iii ARTICLE XII -- WORK SCHEDULE / EXEMPT COMPENSATORY TIME AND EXECUTIVE LEAVE ............................................................................. 19 A. WORK SCHEDULE ................................................................................................. 19 1. 4-10 Plan ................................................................................................................................... 19 2. 7-11.5 Plan ................................................................................................................................ 19 a. Work Day .............................................................................................................................. 19 b. Work Period .......................................................................................................................... 19 B. DEDUCTIONS FROM PAY, EXEMPT COMPENSATORY TIME AND EXECUTIVE LEAVE ..... 19 C. Executive Leave ................................................................................................. 19 ARTICLE XIII -- SPECIAL PAY .................................................................................... 20 A. ADVANCED POST CERTIFICATE ............................................................................. 20 B. EDUCATION INCENTIVE PAY ................................................................................... 20 C. EXECUTIVE DEVELOPMENT INCENTIVE PROGRAM .................................................... 20 D. LONGEVITY PAY .................................................................................................... 21 E.. ACTING ASSIGNMENT .............................................................................................. 21 ARTICLE XIV-- MANAGEMENT RIGHTS .................................................................... 22 ARTICLE XV-- MISCELLANEOUS PROVISIONS ....................................................... 22 A. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION (EERR) ........................................ 22 1. Amendments to the EERR ........................................................................................................ 22 a. Modification of Section 7 - Decertification and Modification ................................................. 22 B. WEAPONS VESTING............................................................................................... 24 C. ASSOCIATION BUSINESS ........................................................................................ 24 D. COLLECTION OF PAYROLL OVER PAYMENTS ............................................................ 24 E. DIRECT DEPOSIT ................................................................................................... 24 F. ADMINISTRATION APPEAL PROCEDURE ................................................................... 25 G. GRIEVANCE HEARING COST SHARING ..................................................................... 25 H. ALTERNATIVE DISPUTE RESOLUTION AGREEMENT ................................................... 25 ARTICLE XVI -- TERM OF MEMORANDUM OF UNDERSTANDING ......................... 25 ARTICLE XVII -- CITY COUNCIL APPROVAL ............................................................ 26 LIST OF MOU EXHIBITS .............................................................................................. 27 - - - 447 POLICE MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS PMA MOU July 1, 20231 through JuneDecember 301, 20263 iv EXHIBIT A – SALARY SCHEDULE ............................................................................. 28 EXHIBIT B - SERVICE CREDIT SUBSIDY PLAN ........................................................ 29 EXHIBIT C - ADMINISTRATIVE APPEAL PROCEDURE ............................................ 32 EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ......... 35 EXHIBIT E - ALTERNATIVE DISPUTE RESOLUTION AGREEEMENT ..................... 39 - - - 448 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (Herein Called CITY) AND THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION (Hereinafter Called ASSOCIATION) PREAMBLE WHEREAS the designated representative of the City of Huntington Beach and the Huntington Beach Police Management Association (PMA) 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 (MOU) is made, to become effective July 1, 20213 through December 31June 30, 20232026. Except as otherwise provided in this MOU, the provisions are effective on July 1, 2021 on July 1, 2023. ARTICLE I -- REPRESENTATIONAL UNIT It is recognized that the Huntington Beach Police Management Association is the employee organization which has the right to meet and confer in good faith with the City on behalf of represented employees of the Huntington Beach Police Department within the classification titles of Police Captain and Police Lieutenant as outlined in Exhibit A attached hereto and incorporated herein. ARTICLE II -- EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the adoption of this MOU shall not change existing terms and conditions of employment, which have been established for the classifications represented by the Huntington Beach Police Management Association. ARTICLE III -- SALARY SCHEDULES A. A. Employees shall be compensated at rates by classification title and salary range during the term of this Agreement as set out in Exhibit A attached hereto and incorporated herein unless expressly provided for in other Articles of this MOU. -------449 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 2 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%). B. Effective at the beginning of the pay period including July 1, 2021, the parties’ agree that the salary schedule in Exhibit A reflects the following modifications from the salary schedule in the 2018-2020 MOU: The salary schedule will include seven (7) steps from A-G; The steps will be five percent (5%) steps; All employees will be placed on the new salary schedule at the step that is closest to the base salary step they were on (of the 2018-2020 salary schedule) without being less. Once placed on the new, seven-step salary schedule, employees will be eligible to move to the next step on their anniversary date (i.e., the date they are due for their next evaluation) upon receipt of a satisfactory evaluation. C. Performance Bonus – Effective at the beginning of the pay period including July 1, 2021, employees in the unit who are at Step G on the salary schedule are eligible for an annual performance bonus of up to three percent (3%) of their base pay at the time of their evaluation. The annual performance bonus amount will be determined based upon the evaluation of the employee’s performance. A completed performance evaluation with specific recognition of outstanding performance must be attached to the Personnel Action Form and sent to the Human Resources Division. The evaluation will also identify performance goals and objectives. Employees who disagree with the performance bonus award granted by their supervisor / manager may appeal the decision directly to the Police Chief for additional consideration. After review, the Police Chief’s final decision regarding the performance bonus award amount shall be final and binding, and shall not be subject to grievance. The parties agree that to the extent permitted by CalPERS or law, the City will report the compensation in this section as special compensation pursuant to Title 2 CCR, Section 571(a)(1) Bonus. - - - 450 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 3 ARTICLE IV – RETIREMENT A. Classic 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 Safety CalPERS Member Contribution: a. All classic member safety 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. Classic member safety members cost share two four percent (24%) compensation earnable in accordance with Government Code section 20516(f). b. Effective the beginning of the pay period including January 1, 2022, 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. Effective the beginning of the pay period including January 1, 2023, 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 four percent (4%). - - - 451 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 4 B. 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 their 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). C. 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). D. “New Members” 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) – these 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 will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of theirhis or her 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 Member Contribution: Sworn employees covered by this agreement shall pay one half (50%) of the normal cost rate, as established by CalPERS, as required by California Government Code Section 7522.30(c). 6. New Member Safety CalPERS Cost Sharing: Effective the beginning of the pay period including January 1, 2022, “new members” safety members shall pay at - - - 452 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 5 least thirteen percent (13%) of pensionable compensation as their retirement contribution. If the required contribution per PEPRA (half the normal cost) is less than thirteen percent (13%), employees shall pay the difference between the required PEPRA contribution and thirteen percent (13%) as cost sharing per Government Code section 20516(f). If the required PEPRA contribution is at least thirteen percent (13%) or more, “new members” safety members will pay the required PEPRA contribution. ARTICLE V -- HEALTH AND OTHER INSURANCE BENEFITS A. Health The City shall continue to make available group medical, dental and vision benefits to all 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 the CalPERS Public Employees’ Medical and Hospital Care Act (PEMHCA). All employee contributions shall be deducted on a pre-tax basis. 1. CalPERS PEMHCA The City presently contracts with CalPERS to provide medical coverage. The City is required under CalPERS PEMHCA to make a contribution to retiree medical premiums. A retiree’s right to receive a City contribution, and the City’s obligation to make payment on behalf of retirees, shall only exist as long as the City contracts with CalPERS for medical insurance. 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 required by law. a. PEMHCA Employer Contributions The City shall contribute on behalf of each employee the mandated minimum sum (i.e., the annual PEMHCA statutory minimum) as required per month toward the payment of premiums for medical insurance under the PEMHCA program. As the mandated minimum is increased, the City shall make the appropriate adjustments by decreasing its flex benefits contribution accordingly as defined in the following sub-section. b. Maximum Employer Contributions Towards Flex Benefits For the term of this Agreement, the City’s maximum monthly employer contributions for each employee’s medical and vision insurance premiums are set forth as follows: Type of Coverage Medical Premium -------453 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 6 Employee Only (“EE”) $849.19820.00 Employee + one dependent (“EE” + 1) $1,727.481650.00 Employee + two or more dependents (“EE” + 2) $2,203.132100.00 Effective January 1, 2024 Type of Coverage Medical Premium Employee Only (“EE”) $888.19859.00 Employee + one dependent (“EE” + 1) $1,805.481728.00 Employee + two or more dependents (“EE” + 2) $2,304.132201.00 Effective January 1, 2025 Type of Coverage Medical Premium Employee Only (“EE”) $921.19892.00 Employee + one dependent (“EE” + 1) $1,871.481794.00 Employee + two or more dependents (“EE” + 2) $2,388.132285.00 i. Employee only (“EE”) – The cost of the premium up to a maximum of $774.00. 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 only coverage, but not higher than $825.86 per month. Effective in the pay period that includes January 1, 2023, the City agrees to increase this amount to the PORAC Region 2 amount for employee only coverage, but not higher than $849.19 per month. ii. Employee + one dependent (“EE” + 1) – The cost of the 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 $1,704.15 per month. Effective in the pay period that includes January 1, 2023, the City agrees to increase this amount to the PORAC Region 2 amount for employee plus 1 coverage, but not higher than $1,727.48 per month. - - - 454 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 7 iii. Employee + two or more dependents (“EE” + 2) – The cost of the premium up to a maximum of $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 $2,179.80 per month. Effective in the pay period that includes January 1, 2023, the City agrees to increase this amount to the PORAC Region 2 amount for employee plus 2 coverage, but not higher than $2,203.13 per month. iv.i. The City shall also pay up to $23.50 per month for each employee for the VSP Vision Plan. The maximum City contribution shall be based on the employee’s enrollment in each plan. The parties agree that the required PEMHCA statutory minimum contribution (i.e., the annual PEMHCA statutory minimum) 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 two thousand dollars ($2,000). a. 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. b. The City’s contribution to dental insurance shall not increase. Any increase in dental premiums above the City’s current contribution cap as listed herein, will be the responsibility of the employee. Table 1. PMA Health Contributions Effective January uly 1, 20231 Maximum City Contribution The City agrees to contribute up to the premium, but not higher than the maximums listed below: Tier Medical Dental PPO Dental HMO Vision Single 849.19774. 00 57.86 30.11 23.50 Two Party 1727.48162 3.00 108.02 51.19 23.50 Family 2203.13076 .00 142.36 78.29 23.50 For employees who elect to discontinue vision coverage, the employee premium paid for vision coverage will be applied toward the medical premium. - - - 455 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 8 Table 2. PMA Health Contributions Effective January 1, 20242 Maximum City Contribution The City agrees to contribute up to the premium, but not higher than the maximums listed below: Tier Medical Dental PPO Dental HMO Vision Single 888.1925.8 6 57.86 30.11 23.50 Two Party 1,805.4870 4.15 108.02 51.19 23.50 Family 2,304.1317 9.80 142.36 78.29 23.50 Table 3. PMA Health Contributions Effective January 1, 20253 Maximum City Contribution The City agrees to contribute up to the premium, but not higher than the maximums listed below: Tier Medical Dental PPO Dental HMO Vision Single 921.19849. 19 57.86 30.11 23.50 Two Party 1,871.4872 7.48 108.02 51.19 23.50 Family 2,388.1320 3.13 142.36 78.29 23.50 3. Retiree (Annuitant) Coverage As required by the Government Code retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. The City’s requirement to provide retirees and/or annuitants medical coverage is solely governed by the Government Code requirement that requires the City to extend this benefit to retirees (annuitants). While the City is contracted with CalPERS to participate in the PEMHCA program, CalPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. a. City Contribution (Unequal Contribution Method) for Retirees As allowed by the Government Code and the CalPERS Board, and requested by the Association, the City shall use the Unequal Contribution Method to make City contributions on behalf of each retiree or annuitant. The starting year for the unequal contribution method is 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 amounts to be paid by the City on behalf of the - - - 456 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 9 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 per Resolution No. 2000-116, Exhibit B, 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 Cash-Out a. Employees covered by a medical program outside of a City-provided program (evidence of which must be supplied to the Human Resources Division), may elect to discontinue City medical coverage and either direct the cash value of the City’s Contribution Cap for the lowest-cost employee only (“EE”) medical coverage as described in Article V.A.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 cash medical-opt out benefit. b. An employee may also elect to discontinue vision coverage. The employee premium paid for vision coverage will be applied toward medical premium. This paragraph shall sunset on December 31, 2021. B. Section 125 Employee Plan - - - 457 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 10 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. C. Life Insurance The City will provide fifty thousand dollars ($50,000) term life insurance and fifty thousand dollars ($50,000) accidental death and dismemberment insurance without evidence of insurability other than evidence of working full time. An additional ten thousand dollars ($10,000) of life insurance may be purchased, at the employee’s cost, with evidence of insurability. D. City Contribution Towards Long-Term Disability (LTD) Insurance and Long-Term Care (LTC) Program The City authorizes the Association to enroll in the Long-Term Disability (LTD) Insurance Program and the Long-Term Care (LTC) Program provided to the Huntington Beach Police Officers’ Association (HBPOA). 1. The City shall pay the HBPOA on the Association’s behalf the cost of LTD premiums not to exceed thirty-eight dollars ($38.00) per month per covered members of the PMA. 2. The City shall pay the HBPOA on the Association’s behalf the cost of LTC premiums not to exceed twenty-five dollars ($25.00) per month per covered members of the PMA. 3. The City and the Association agree that the City shall no longer provide LTD insurance coverage to Association members. Employee coverage under the City’s sponsored program was terminated July 31, 2006. 4. The City and the Association agree that HBPOA contracts with an authorized LTD and LTC provider and that the City is not responsible for paying the cost of premiums and any expenses incurred for administering both programs. 5. The City and the Association agree that the PMA coverage for LTD insurance and LTC is authorized under the same existing conditions under which the HBPOA is authorized by the City to provide such coverage to its members. The City and the Association agree that in the event the HBPOA does not meet its obligation and reporting requirements to the City for PMA members, the City’s contribution amounts of thirty-eight dollars ($38.00) and/or twenty-five dollars ($25.00) may cease without retroactive payments. 6. The Association 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, - - - 458 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 11 interest, taxes, or liability of any kind whatsoever, which may result from the HBPOA sponsored and administered LTD insurance and LTC programs. E. Employee Welfare Benefit Trust Fund The City authorizes the HBPMA to participate in an employee welfare medical benefit trust fund program, called that PORAC Retiree Medical Trust, providing the following conditions are adhered to: 1. The City and HBPMA agree that the City shall not provide any contribution to the program. 2. The City shall withhold $100.00 monthly for each represented employee. Thereafter, said withholding shall be in an amount as designated by the HBPMA. Deductions shall be taken on the first two checks of each month. 3. HBPMA shall pay all associated expenses incurred for participation in the program. 4. Upon request, the HBPMA 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 HBPMA represented employees only; c. A copy of the current program document as well as any changes of amendments, or written confirmation that there have been no changes as employee medical welfare benefit trust fund program provider; d. Verification of the funds submitted to the PORAC Retiree Medical Trust by the HBPMA, 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 HBPMA. 5. City shall submit 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. HBPMA 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, - - - 459 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 12 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. ARTICLE VI -- 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. In addition to the above, if an employee (who has been with the City for at least thirty (30) days) exhausts their paid bereavement leave, they are entitled to use up to two (2) additional days of bereavement leave for the death of a family member as defined above. This leave must be used within three (3) months from the date of death. Although this is not City-paid leave, employees may use any accrued paid leave that is otherwise available to the employee for this purpose. ARTICLE VII -- ADDITIONAL MANAGEMENT BENEFITS A. Take Home Vehicle Use 1. Employees must reside within thirty-five (35) miles of the City limits in order to be assigned a take home City vehicle. An employee assigned an unmarked vehicle is required to be able to report directly to work or any emergency situation, at any time, at the direction of the Chief of Police or his delegate. Use of an unmarked vehicle for more than minimal personal use is not authorized. B. Bilingual Pay Qualified employees who meet the criteria shall receive five percent (5%) of their base monthly rate of pay for bilingual skills paid on a bi-weekly basis. 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. - - - 460 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 13 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. 3. 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, no more frequently than once every twelve (12) months. C. Uniform Allowance 1. The City shall continue the Uniform Allowance in lieu of the City providing uniforms for employees. The uniform allowance is one thousand two hundred and seventy-five dollars ($1,275) per year for all employees and shall be paid in December on a separate payroll check. Employees hired after January 1st shall have their uniform allowance pro-rated for each month in which they were on active duty for at least one full shift. It is the mutual intent of the parties that this allowance shall be utilized solely for the purpose of replacing, repairing and maintaining uniforms and clothing worn in the line of duty. The City will continue to make initial issuance of required uniforms and replace uniforms and equipment damaged in the line of duty including safety equipment required by state law; City resolution or ordinance, or by order of the Chief of Police. 2. To the extent permitted by law, tThe City shall report (for classic members) to the CalPERS the uniform allowance paid as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5). a. Employees subject to PEPRA will have uniform allowance paid and will be subject to Government Code Section 7522.34(C)7 related to the treatment thereof regarding pensionable compensation. D. Meal and Mileage Allowance 1. Per Diem Employees shall be entitled to per diem under the following circumstances: - - - 461 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 14 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 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 above may be considered for reimbursement (receipts required) by the Division Commander. d. Receipts are not required other than noted above. 2. Per Diem Schedule The General Services Administration (GSA) establishes per diem rates. Employees may be reimbursed for meals in amounts that do not exceed the breakdown per meal as established at www.gsa.gov/mie. E. Mileage Allowance The City shall reimburse employees for the use of personal automobiles at the existing IRS reimbursable rate. The parties agree to follow Policy AR 301 addressing meal and mileage allowance and incorporate it by reference in this MOU. F.E. Effective Date of Additional Management Benefits All additional management benefits shall be effective the first full pay period following certification and verification as approved by the Chief of Police or designee. It is agreed that any PERSable benefits shall be reported to CalPERS; however, the treatment of any special pay under this provision as “pensionable compensation” shall be subject to CalPERS regulations. Where there is any conflict between the City’s treatment of any special pay and CalPERS, CalPERS’ determination shall prevail. ARTICLE VIII – CONTROLLED SUBSTANCE AND ALCOHOL TESTING The City maintains the right to conduct a controlled substance and alcohol test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace, consistent with department policy. ARTICLE IX– LEAVE BENEFITS - - - 462 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 15 A. Anniversary Date For the purpose of computing vacation, an employee's anniversary date shall be the most recent date on which they commenced full-time City employment. B. General Leave: 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 they 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: 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 – 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). - - - 463 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 16 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). Table 4. PMA General Leave Annual Accrual Schedule Years of Service General Leave Accrual First through Fourth Year 176 Hours Fifth through Ninth Year 200 Hours Tenth through Fourteenth Year 224 Hours Fifteenth Year and Thereafter 256 Hours 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. 5. Use of General Leave: 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 shall be taken only with permission of the Chief of Police (or their designee); however, the Chief of Police shall schedule all vacations with due consideration for the 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. 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 Conversion to Pay During Employment – On or before the beginning of the pay period which includes December 15 of each calendar year beginning in December 2021, 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 base rate of pay. The employee can elect to receive pay up to sixty (60) hours of General Leave 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 - - - 464 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 17 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 pay for the amount of leave the employee has accrued at the time of the cash out. 7. Transfer of the Value of General Leave at Separation – At the time of separation, the value of any unused earned General Leave (earned up to the last day of employment) will be transferred to either the employee’s deferred compensation account (up to the maximum permitted by law) or to the qualified medical retirement trust program on a pre-tax basis. The value of the each hour of General Leave will be the employee’s base rate of pay at separation. The employee must make the election for the transfer (either deferred compensation or the qualified medical retirement trust program) no later than the pay period prior to the employee’s last day of employment. If no election is made, all unused earned General Leave will be transferred to the qualified medical retirement trust program upon separation. If the employee elects to place some of the General Leave into their deferred compensation account or reaches the maximum annual deferral into their deferred compensation account, the remaining amount will be transferred to the qualified medical retirement trust program. C. Police Lieutenant Sick Leave (Probationary Period) For employees promoted prior to the City Council’s approval of this 2021-23 MOU, effective from the date of appointment to the rank of Police Lieutenant until the last day of the pay period in which the employee completes a one (1) calendar year probationary period, the employee shall be eligible to receive a maximum of sixty (60) calendar days paid sick leave per incident or illness. This leave does not accrue or accumulate beyond the one (1) year period. This probationary period Sick Leave may not be cashed out or used after completion of the one (1) year probationary period. Any employees hired or promoted to Lieutenant after the City Council’s approval of this MOU do not qualify for this sick leave. This paragraph shall sunset when the two Lieutenants on probation at the time of the City Council approval of this 2021-23 MOU complete their probationary period. D.C. Leave Benefit Entitlements 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). The City shall comply with all State and Federal leave benefit entitlement laws. An employee on an approved leave shall be allowed to use earned Sick Leave, General Leave, and/or Exempt Compensatory Time for serious and non-serious family or personal health issues. - - - 465 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 18 E.D. Voluntary Catastrophic Leave Donation Program Under certain conditions, employees may donate leave time to another employee in need. The program is outlined in Exhibit D of this MOU. ARTICLE X -- SICK LEAVE PAY OUT A. Employees who still have previously earned sick leave shall be entitled to the following Sick Leave cash out plan: Upon termination, all employees shall be paid at their then current base rate of pay, for twenty-five percent (25%) of unused, earned Sick Leave to four hundred eighty hours (480) hours accrued, and for thirty-five percent (35%) of all unused, earned sick leave in excess of four hundred eighty (480) hours, but not to exceed seven hundred twenty (720) hours. B. No employee shall be paid at termination for more than seven hundred twenty (720) hours of unused, accumulated sick leave. ARTICLE XI -- HOLIDAYS A. City Paid Holidays The City shall provide the following paid holidays in a calendar year: 1. New Year's Day (January 1) 2. Martin Luther King Day (third Monday in January) 3. Washington's Birthday (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veteran's Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. The Friday after Thanksgiving 10. Christmas Day (December 25) Any day declared by the President of the United States to be a national holiday, or the Governor of the State of California to be a state holiday and adopted as an employee holiday by the City Council of the City of Huntington Beach. B. Holiday Compensation – Effective Until December 31, 2021 Compensation for holidays shall be provided as follows (see examples): 1. Employees shall be compensated for the date of the actual holiday when the holiday does not fall on the day recognized by the City. - - - 466 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 19 2. If the holiday designated above falls on an employee's regularly scheduled workday, the employee will receive the day off and receive pay for their regularly scheduled workday. Example: Work Work Work Holiday = Work 30 hours & compensated for 40 10 10 10 10 3. If the holiday designated above falls on an employee's regularly scheduled day off, the employee will be compensated with eight (8) hours of Exempt Compensatory Time or the employee may elect to receive eight (8) hours of pay. Example: Work Work Work Work Holiday = Work 40 hours & compensated for 48 10 10 10 10 8 4. Employees who are required to work on an actual holiday designated above shall be compensated at the rate of one and one-half (1 ½) hours for each hour worked in the form of pay or Exempt Compensatory Time in addition to B2 or B3 above. Example if Holiday falls on scheduled day off: Work Work Work Work Work the Holiday = Work 40 hours & compensated for 63 10 10 10 10 10 @ 1.5 = 15 hrs + 8 (Holiday) Example if Holiday falls on scheduled workday: Work Work Work Work the Holiday = Work 40 hours & compensated for 53 10 10 10 10 @ 1.5 = 15 hrs + 8 (Holiday) C. All holiday pay shall be reported as Shift Differential Pay when required in accordance with CALPERS law. Holiday Shift Differential Pay is available to all members of the HBPMA that are required to work a recognized holiday. 467 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 20 1. 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) Shift Differential. These subsections B and C shall sunset on December 31, 2021 and subsection D below shall apply on January 1, 2022. D. Holiday in Lieu Pay – Effective January 1, 2022 Employees earn holiday in lieu pay. This means that employees shall be required to work on all holidays unless they use another form of leave (e.g., General Leave) to take the day off on a holiday. 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. 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. ARTICLE XII – WORK SCHEDULE/ EXEMPT COMPENSATORY TIME AND EXECUTIVE LEAVE A. Work Schedule 1. 4-10 Plan Unless designated elsewhere, unit employees are entitled to work four (4) consecutive days per week, ten (10) hours each day, meal times to be included during the ten (10) hour shift, with three (3) consecutive days off. 2. 7-11.5 Plan The “7-11.5” work schedule will be implemented for designated employees of the Patrol Bureau only and shall consist of a fourteen (14) day work period. a. Workday A workday for employees assigned to the 7-11.5 work schedule will consist of eleven (11) hours and twenty-five (25) minutes of work, meal times to be included in the shift. b. Work Period - - - 468 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 21 For those employees working eleven (11) hours and twenty-five (25) minutes a day, the “work period” will consist of two (2) consecutive weeks with three (3) consecutive shifts of eleven (11) hours and twenty-five (25) minutes in one (1) week and four (4) consecutive shifts of eleven (11) hours and twenty-five (25) minutes in the second week. The total hours of these two (2) consecutive weeks shall be considered equaling eighty (80) hours. The two (2) week cycle then repeats itself. B. Deductions from Pay, Exempt Compensatory Time and Executive Leave Employees are considered ‘exempt’ as defined by the Fair Labor Standards Act (FLSA) as such, deductions from pay may be limited in certain circumstances. However, deductions from pay may be provided in 29.C.F.R. 541.602(b) including unpaid disciplinary suspensions of one or more full days imposed in good faith for violating workplace conduct rules. Such suspension shall be made pursuant to written policy applicable to all employees. An employee is eligible for Exempt Compensatory Time as follows: 1. When such employees are required to fill a full, or partial work shift that is not part of the employee's regular work schedule. Partial shift shall mean five (5) hours or more of a work shift. In such an instance, the employee may be compensated at the rate of one and one-half (1 ½) hours for each hour worked in the form of pay or Exempt Compensatory Time (i.e. non FLSA Exempt Compensatory Time). Such time shall not accrue in excess of one hundred sixty (160) hours. 2. 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. - - - 469 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 22 C. Executive Leave Employees are entitled to seventy (70) hours of Executive Leave per calendar year. Unused Executive Leave shall not carry over to the next calendar year. ARTICLE XIII -- SPECIAL PAY A. Advanced POST Certificate – Effective on the first day of the pay period including July 1, 2021 – Upon verification of having earned an Advanced POST Certificate, effective June 24, 2023, an employee shall be paid eight six percent (86%) of their base hourly rate of pay. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) and Section 571.1(b)(2) Peace Officer Standard Training (POST) Certificate Pay. B. Educational Incentive Pay – Effective on the first day of the pay period including July 1, 2021 – Upon earning a BA/BS Degree, an employee shall be paid six percent (6%) of their base hourly rate of pay. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) and Section 571.1(b)(2) Educational Incentive Pay. C. Executive Development Incentive Program: Executive Development An employee who completes one of the following shall receive five percent (5%) of their base hourly rate of pay: 1. The FBI National Academy; or 2. The POST Command College; or 3. The California Police Chief’s Executive Leadership Institute at Drucker School of Management AND possession of a Master’s Degree AND two (2) years’ management experience; or 2.4. Any member having a minimum of two years’ experience in the position of Lieutenant and/or Captain who have attained a Master’s degree and complete a department-approved leadership course. In the event that one of the executive development programs becomes unavailable to the Association, or new program(s) becomes available, the City and the Association agree the Chief of Police will substitute/add an appropriate program(s). 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. -------470 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 23 D. Longevity Pay: 1. Members of this unit with a minimum of 3 years tenure as a sworn employee with the Huntington Beach Police Department immediately preceding the appointment to a PMA position and with 10+ years of sworn law enforcement experience, but fewer than 20 years of sworn law enforcement experience shall receive a total of five percent (5%) longevity pay. 2. Effective June 24, 2023, Mmembers of this unit with a minimum of 3 years tenure as a sworn employee with the Huntington Beach Police Department immediately preceding the appointment to a PMA position and with 20+ years of sworn law enforcement experience shall receive a total of sixteeneleven percent (161%) longevity pay. i. There shall be no pyramiding of this special pay. Unit members may only receive one (1) longevity pay under this provision, either five percent (5%) or eleven sixteen percent (161%), but not both. 3. 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. 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)(1) and Section 571.1(b)(1) Longevity Pay. E.D. Acting Assignment: 1. When a member of this unit in the classification of Lieutenant is assigned by the Chief of Police to work as Captain in a position of higher classification or pay range for a continuous period of twenty eight (28) or more calendar days, they shall retroactively be compensated “acting” pay in the amount of ten percent (10%) for all time worked in the acting assignmentassignment, beginning from the first day assigned. The assigned employee must submit a memorandum to the Chief of Police indicating the date of assignment and hours assigned before compensation can be paid.additional acting pay shall become effective upon the determination by the Police Chief. 2. When a member of this unit in the classification of Captain is assigned by the Chief of Police or the City Manager to work as the acting or interim Chief of Police for a continuous period of twenty eight (28) or more calendar days, they shall be compensated “acting” pay in the amount of 10% for all time worked in the acting assignment. The additional acting pay shall become effective upon the determination by the Police Chief or City Manager. - - - 471 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 24 2. Nothing in this section shall limit the Chief of Police, to assign employees temporarily to a position of higher classification for a period of less than twenty- eight (28) days for operational needs. 3. The parties agree, to the extent permitted by law, the compensation in this section is special compensation for classic members and shall be reported as such pursuant to Title 2 CCR 571 (a) 3 Temporary Upgrade Pay. The treatment of any special pay under this provision as “pensionable compensation” shall be subject to CalPERS regulations. Where there is any conflict between the City’s treatment of any special pay and CalPERS, CalPERS’ determination shall prevail. ARTICLE XIV-- MANAGEMENT RIGHTS The City and the Chief of Police retain all rights, powers and authority to manage and direct the performance of police services and the workforce, except as modified by the Memorandum of Understanding. Nothing herein shall change the City's obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or be construed as granting the City or the Chief of Police the right to make unilateral changes in wages, hours and terms and conditions of employment. The parties agree that the City has the right to unilaterally make decisions on all matters that are outside the scope of bargaining. Such matters include, but are not limited to, consideration of the merits, necessity, level or organization of police services, staffing requirements, extra duty assignments, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, reasonable work and safety rules and regulations. ARTICLE XV– MISCELLANEOUS PROVISIONS A. Employer-Employee Relations Resolution (EERR) 1. The following amendments to the EERR shall apply: a. Modification of Section 7 – Decertification and Modification i. The City and the Association desire to maintain labor stability within the representational unit to the greatest extent possible, consistent with the employee's right to select the representative of their own choosing. For these purposes, the parties agree that this Agreement shall act as a bar to appropriateness of this unit and the selection of the representative of this unit, except during the month of August prior to the expiration of this Agreement. Changes in bargaining unit shall not be effective until expiration of the MOU, except as may be determined by the Personnel Commission pursuant to the procedures outlined below. This provision - - - 472 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 25 shall modify and supersede the time limits, where inconsistent, contained in Section 7 of the current Employer-Employee Relations Resolution of the City of Huntington Beach. ii. The City and the Association have agreed to a procedure whereby the City, by and through the Human Resources Director, would be entitled to propose a Unit Modification. The Association and the City agree to jointly recommend a modification of the City of Huntington Beach Employer-Employee Relations Resolution (Resolution Number 3335) upon the City’s having completed its obligation to meet and confer on this issue with all other bargaining units. iii. 7-3 Human Resources Director’s Motion of Unit Modification – The Human Resources Director may propose during the same period for filing a Petition for Decertification that an established unit be modified in accordance with the following procedure: iv. The Human Resources Director shall give written notice of the proposed Unit Modification to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human Resources Director’s rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for Appropriateness of Units. Additionally, the Human Resources Director shall provide all affected employee organizations with all correspondence, memoranda, and other documents, which relate to any input regarding the Unit Modification which may have been received by the City or from affected employees and/or sent by the City to affected employees; v. Following receipt of the Human Resources Director’s Proposal for Unit Modification any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the Motion for Unit Modification to the Personnel Commission; vi. The Personnel Commission shall conduct a noticed Public Hearing regarding the Motion for Unit Modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed Unit Modification which determination may include a- granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of Bargaining Units. Following the Personnel Commission's determination of the composition of the appropriate Unit or Units, it shall give written notice of such determination to all affected employee organizations; - - - 473 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 26 vii. Any party who chooses to appeal the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. 2. During the term of this MOU, the City and the Association agree to update the Employer-Employee Relations Resolution to reflect current State law. B. Weapons Vesting 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, they shall be fully vested with ownership. C. Association Business An allowance of fifty (50) hours per year shall be established for the purpose of allowing authorized representatives of the Association to represent members in their employment relations. D. Collection of Payroll Over Payments In the event that a payroll over payment is discovered and verified, and considering all reasonable factors including the length of time that the over payment was made and if and when the employee could have reasonably known about such over payment, the City will take action to collect from the employee the amount of over payment(s). Such collection shall be processed by payroll deduction over a reasonable period of time considering the total amount of over payment. 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 over payments 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 Administrator or designee and as adopted by the City Council. Unauthorized compensation payments shall not constitute a past practice. E. Direct Deposit All employees are required to utilize direct deposit of payroll checks. F. Administrative Appeal Procedure - - - 474 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 27 In compliance with Government Code 3304(b), the Administrative Appeal Procedure for all Public Safety Officers is referenced in Exhibit C of this MOU. G. Grievance Hearing Cost Sharing Grievance hearing costs shall be paid equally by the City and the Association. The parties agree that under no circumstances shall the grievant(s) be required to pay any part of the grievance hearing costs. H. Alternative Dispute Resolution Agreement The ADR agreement between the City and PMA as executed on March 7, 2013, is herein referenced as Exhibit E. ARTICLE XVI -- TERM OF MEMORANDUM OF UNDERSTANDING (MOU) This MOU shall be in effect for a term commencing on July 1, 20231 through JuneDecember 301, 20263. Except as expressly provided herein, no further improvements or changes in the salaries and monetary benefits of the employees shall take effect during the term of this Agreement unless agreed upon by the City and the Association. It is understood that the parties may agree to meet and confer regarding non-monetary matters such as Personnel Rule changes. Any matters agreed upon resulting from such meeting and conferring will be the subject of a separate addendum to this Agreement. This MOU constitutes the entire agreement of the parties as to the changes in wages, hours, and other terms and conditions of employment of employees covered hereunder for the term hereof. I _--- - -------475 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 28 ARTICLE XVII – CITY COUNCIL APPROVAL IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this ____ day of ____________, 20231 CITY OF HUNTINGTON BEACH HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION By: By: Oliver ChiAl Zelinka City Manager Kevin Johnson PMA President By: By: Travis Hopkins Assistant City Manager Brian SmithBo Svendsbo PMA Vice President By: Brittany MelloTheresa St. Peter Interim Administrative Services Director Interim Human Resources Director APPROVED AS TO FORM: By: Michael E. Gates City Attorney - - - 476 POLICE MANAGEMENT ASSOCIATION PMA MOU July 1, 20231 through JuneDecember 301, 20263 29 LIST OF EXHIBITS EXHIBIT A SALARY SCHEDULE EXHIBIT B SERVICE CREDIT SUBSIDY PLAN EXHIBIT C ADMINISTRATIVE APPEAL PROCEDURE EXHIBIT D VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM EXHIBIT E ALTERNATIVE DISPUTE RESOLUTION AGREEMENT - - - 477 POLICE MANAGEMENT ASSOCIATION EXHIBIT A – SALARY SCHEDULE PMA MOU July 1, 20231 through JuneDecember 301, 20263 30 Effective the Beginning of the Pay Period Including July 1, 2021 Job No Job Description Range A B C D E F G 234 Police Lieutenant 237 58.63 61.56 64.64 67.87 71.27 74.83 78.57 233 Police Captain 250 66.73 70.06 73.57 77.24 81.11 85.16 89.42 Effective the Beginning of the Pay Period Including July 1, 2023 Job No Job Description Range A B C D E F G 234 Police Lieutenant 237 61.56 64.64 67.87 71.27 74.83 78.57 82.50 233 Police Captain 250 70.06 73.57 77.24 81.11 85.16 89.42 93.89 Effective the Beginning of the Pay Period Including July 1, 2024 Job No Job Description Range A B C D E F G 234 Police Lieutenant 237 64.64 67.87 71.27 74.83 78.57 82.50 86.62 233 Police Captain 250 73.57 77.24 81.11 85.16 89.42 93.89 98.59 Effective the Beginning of the Pay Period Including July 1, 2025 Job No Job Description Range A B C D E F G 234 Police Lieutenant 237 67.87 71.27 74.83 78.57 82.50 86.62 90.95 233 Police Captain 250 77.24 81.11 85.16 89.42 93.89 98.59 103.51 1_1_1_1_1_1_1_1 --- - - - - - --- - - - - - --- - - - - - ------- ------- 478 POLICE MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY PLAN PMA MOU July 1, 20231 through JuneDecember 301, 20263 31 An employee who has retired from the City and meets the plan participation requirements shall receive a monthly Service Credit Subsidy to reimburse the retiree for the payment of qualified medical expenses incurred for the purchase of medical insurance. Plan Participation Requirements 1. At the time of retirement the employee has a minimum of ten (10) years of continuous regular (permanent) City service or is granted an industrial disability retirement; and 2. At the time of retirement, the employee is employed by the City; and 3. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees’ Retirement System (CalPERS). The City’s obligation to pay the Service Credit Subsidy as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: a. On the first of the month in which a retiree or dependent reaches age sixty-five (65) or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City’s obligation to pay Service Credit Subsidy may be adjusted downward or eliminated. b. In the event of the death of an eligible employee, whether retired or not, the amount of the Service Credit Subsidy benefit which the deceased employee was eligible for at the time of their death shall be paid to the surviving spouse or dependent for a period not to exceed twelve (12) months from the date of death. 4. Minimum Eligibility for Benefits With the exception of an industrial disability retirement, eligibility for Service Credit Subsidy begins after an employee has completed ten (10) years of continuous regular (permanent) service with the City of Huntington Beach. Said service must be continuous unless prior service is reinstated at the time of their 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. 479 POLICE MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY PLAN PMA MOU July 1, 20231 through JuneDecember 301, 20263 32 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 one hundred twenty dollars ($120). Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. 6. Service Credit Subsidy Payment shall not exceed the 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 The Service Credit Subsidy will be reduced every January 1st by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). Article IV.A.4.a. provides an example of expected reductions per retiree per month. 480 POLICE MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY PLAN PMA MOU July 1, 20231 through JuneDecember 301, 20263 33 8. Medicare: a. All persons are eligible for Medicare coverage at age sixty-five (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 sixty-five (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 their spouse are both sixty-five (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 sixty-five (65) is eligible for paid Part A of Medicare and their spouse is not eligible for paid Part A of Medicare, the spouse shall not receive the subsidy. When a retiree at age sixty-five (65) is not eligible for paid Part A of Medicare and their spouse who is also age sixty-five (65) is eligible for paid Part A of Medicare, the subsidy shall be for the retiree’s Part A only. 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 sixty- five (65). ii. At age sixty-five (65) retirees are eligible to make application for Medicare. Upon being considered “eligible to make application,” whether or not application has been made for Medicare, the Service Credit Subsidy Plan will be eliminated. 481 POLICE MANAGEMENT ASSOCIATION EXHIBIT C –ADMINISTRATIVE APPEAL PROCEDURE PMA MOU July 1, 20231 through JuneDecember 301, 20263 34 1. Authority a. Personnel 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 permanent 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:” (i) official reprimands; (ii) punitive transfers that do not involve a loss of pay, and (iii) non-punitive transfers that does result in a 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 administrative appeal procedure is intended to establish the Administrative Arbitration Panel to hear appeals from Public Safety Officers. This administrative appeal procedure only applies to an “Action” as defined above in “b.” It does not apply to a non-punitive transfer imposed on a Public Safety Officer that does not result in a loss of pay. (Government Code §3304(b). 2. Administrative Arbitration Panel a. Appeals will be heard by a neutral fact finding group of three (3) 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 (1) employee selected by the Association one (1) employee selected by the Chief of Police, and the third employee selected by mutual agreement between the first two (2) Panel members. If no agreement can be reached, the “strike-out” process will be used to select the third Panel member, with the Association and the Chief each submitting four (4) names for consideration. A coin toss will determine the party striking first with the Association reserving the right to call the coin or defer. c. The panel member selected by the Chief of Police, the Association and the panel member selected by the Chief of Police and the Association shall each select one (1) alternate to the Panel to serve in place of a Panel member who has direct involvement in the punitive action or is a party to the issue. d. A Panel member will serve one (1) year. e. 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, they will be replaced by the alternate. 482 POLICE MANAGEMENT ASSOCIATION EXHIBIT C –ADMINISTRATIVE APPEAL PROCEDURE PMA MOU July 1, 20231 through JuneDecember 301, 20263 35 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. 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 and may be transcribed. 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 (1) 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, the Officer may do so provided that the opposing party is notified. 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. 483 POLICE MANAGEMENT ASSOCIATION EXHIBIT C –ADMINISTRATIVE APPEAL PROCEDURE PMA MOU July 1, 20231 through JuneDecember 301, 20263 36 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 Association 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) Not Sustained (“Action” does not stand) f. In the event an Officer’s “Action” is Sustained, the Officer 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. 484 POLICE MANAGEMENT ASSOCIATION EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM PMA MOU July 1, 20231 through JuneDecember 301, 20263 37 Voluntary Catastrophic Leave Donation Program Guidelines 1. Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either; return to work, long-term disability, or medical retirement. Employees who accrue Vacation, General Leave or Exempt Compensatory Time may donate such leave to another employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of Vacation, General, or Sick Leave. 2. Definitions Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the employee or an employee's family member. Family Member - For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner, grandchild, grandparent, sibling and in-laws). 3. Eligible Leave Accrued Exempt Compensatory Time, Vacation, or General Leave hours may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours. 4. Eligibility Permanent employees who accrue Vacation or General Leave may donate such hours to eligible recipients. Exempt Compensatory Time accrued may also be donated. An eligible recipient is an employee who: Accrues Vacation or General Leave; Is not eligible for receiving disability benefits or Workers' Compensation payments; and Requests donated leave. 5. Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's salary during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted 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 Request Form and submit it to the Department Director for approval. The Department Director will forward the 485 POLICE MANAGEMENT ASSOCIATION EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM PMA MOU July 1, 20231 through JuneDecember 301, 20263 38 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 (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. 6. Other Please contact the Human Resources Department on questions regarding staff participation in this program. 486 POLICE MANAGEMENT ASSOCIATION EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM PMA MOU July 1, 20231 through JuneDecember 301, 20263 39 Please return this form to the Human Resources Office for processing. Voluntary Catastrophic Leave Donation Program Leave Request Form Requestor, Please Complete According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated Vacation, General Leave or Exempt Compensatory Time. MY SIGNATURE CERTIFIES THAT: A Leave of absence in relation to a catastrophic illness or injury has been approved by my Department; and I am not receiving disability benefits or Workers' Compensation payments. Name: (Please Print or Type: Last, First, MI) Work Phone: Department: Job Title: Employee ID#: Requester Signature: Date: Department Director Signature of Support: Date: Human Resources Department 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: □ □ □ □ --- - 487 POLICE MANAGEMENT ASSOCIATION EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM PMA MOU July 1, 20231 through JuneDecember 301, 20263 40 Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Donor Name: (Please Print or Type: Last, First, MI) Work Phone: Donor Job Title: Type of Accrued Leave: Vacation Compensatory Time General Leave Number of Hours I wish to Donate: Hours of Vacation Hours of Exempt Compensatory Time Hours of General Leave I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. I wish to donate my accrued Vacation, Exempt Compensatory Time or General Leave hours to the Leave Donation Program for: Eligible recipient employee's name (Last, First, MI): Donor Signature: Date: Please submit to Payroll in the Finance Department. □ □ □ --- - 488 EXHIBIT E – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT PMA MOU July 1, 20231 through JuneDecember 301, 20263 41 LABOR MANAGEMENT WORKERS’ COMPENSATION ALTERNATIVE DISPUTE RESOLUTION AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE POLICE MANAGEMENT ASSOCIATION This Labor Management Alternate Dispute Resolution Agreement (“Agreement”) entered into by and between the City of Huntington Beach (“City”) and the Police Management Association (“PMA”) is created pursuant to California Labor Code Section 3201.7(a)(3)(c). Nothing in this Agreement diminishes the entitlement of an employee to compensation payments for total or partial disability, temporary disability, or medical treatment fully paid by the employer as otherwise provided in Division 4 of the Labor Code. Nothing in this Agreement denies to any employee the right to representation by counsel at all stages during the alternative dispute resolution process. Article I. Purpose The purposes of this Agreement are: 1. To provide active employees claiming compensable injuries under Division 4 of the California Labor Code (“Workers’ Compensation Law”) with an expedited procedure to resolve medical disputes in accordance with Article IV, Section D of this Agreement to facilitate their prompt return to work at either full duties or a transitional duty assignment; 2. To provide retirees claiming a presumptive injury as defined by California Labor Code (hereinafter “Labor Code”) section 3212 et seq. with an expedited procedure to resolve medical disputes in accordance with Article IV, Section D of the Agreement; 3. To reduce the number and severity of disputes between the City and covered employees, when those disputes relate to workers’ compensation; and 4. To provide workers’ compensation coverage in a way that improves labor management relations, improves organizational effectiveness, and reduces costs to the City. These purposes will be achieved by utilizing an exclusive list of medical providers to be the sole and exclusive source of medical evaluations for disputed issues surrounding covered employees in accordance with California Labor Code Section 3201.7©. Now, therefore, in consideration of the mutual terms, covenants and conditions herein, the parties agree as follows: Article II. Term of Agreement 489 EXHIBIT E – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT PMA MOU July 1, 20231 through JuneDecember 301, 20263 42 The City and PMA enter into this Agreement with the understanding that the law authorizing this Agreement is new, untested and evolving. The parties further understand that this Agreement governs a pilot program and that it will become effective after it is executed by the parties, submitted to the Administrative Director of the State of California, Department of Industrial Relations, Division of Workers’ Compensation in accordance with Title 8, California Code of Regulations, Section 10202(d), and accepted by the Administrative Director as evidenced by the Director’s letter to the parties indicating approval of the Agreement. This Agreement shall be in effect for eighteen (18) months from the date of the implementation of the program. Thereafter, it shall be reviewed and, if found to be effective will continue and remain in force from year to year unless terminated by either party. Any claim arising from an industrial injury sustained before the termination of this Agreement shall continue to be covered by the terms of this Agreement, until all medical issues related to the pending claim are resolved. Any medical issue resolved under this Agreement shall be final and binding. The parties reserve the right to terminate this Agreement at any time for good cause, by mutual agreement or by act of the legislature. The terminating party must give thirty (30) days written notice to the other party. The parties agree to meet and confer in good faith to try and resolve the issues underlying the termination during the thirty day period prior to the termination of the Agreement. Upon termination of this Agreement, the parties shall become fully subject to the provisions of the California law to the same extent as they were prior to the implementation of this Agreement, except as otherwise specified herein. Article III. Scope of Agreement A. This Agreement applies only to injuries, as defined by Workers’ Compensation Law, claims by 1) active employees; 2) retirees who claim a presumptive injury as defined by California Labor Code Section 3212 et seq.; and 3) active employees who file a claim and subsequently retire before the claim is resolved. Retirees who filed claims while they were active employees are covered under this Agreement only for the purposes of petitions to reopen a pre-existing claim unless covered under A(2). This Agreement does not apply to any other retired employees. This Agreement does not cover post-retirement amendments to active claims. B. Employees who are covered under this Agreement remain covered during the entire period of active employment. C. Injuries occurring and claims filed after termination of this Agreement are not covered by this Agreement. 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 490 EXHIBIT E – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT PMA MOU July 1, 20231 through JuneDecember 301, 20263 43 A. This Agreement does not constitute a Medical Provider Network (“MPN”). Physicians who act as a covered employee’s independent medical examiner (“IME”) under this Agreement shall not act as the same employee’s treating physician even if the physician has been pre-designated as the employee’s treating physician, unless otherwise mutually agreed by the parties. Pre-designation of a physician must comply with the requirements set forth in Labor Code section 4600(d)(1). B. All employees with a disputed medical issue as described below in Section D must be evaluated by an approved physician from the exclusive list of approved medical providers. Said physician will serve as an IME. If the IME needs the opinion of a different specialist, the IME shall refer the employee to a physician of the IME’s choice even if that doctor is not on the approved list. The exclusive list of approved medical providers will be established when the Agreement has been approved by all parties. C. The exclusive lists of approved medical providers shall include the specialties as agreed upon by the parties. D. An IME shall be used for all medical disputes that arise in connection with a workers’ compensation claim including but not limited to determination of causation, the nature and extent of an injury, the nature and extent of permanent disability and apportionment, work restrictions, ability to return to work, including transitional duty, future medical care, and resolution of all disputes arising from utilization review, including need for spinal surgery pursuant to Labor Code section 4062(b). The parties will use the originally chosen IME for all subsequent disputes under this Agreement. In the event that said IME is no longer available, then the parties shall utilize the next specialist on the list pursuant to Article IV G d (below). The IME process will begin when either party gives the other written notice of an objection. Objections from the City will be sent to the employee with a copy to the employee’s legal representative if represented and a copy to PMA. 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 491 EXHIBIT E – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT PMA MOU July 1, 20231 through JuneDecember 301, 20263 44 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 they breach the terms and conditions of the contract with the City or by mutual agreement of the parties. G. Appointments a. The Claims section of the Workers’ Compensation Division shall make appointment(s) with the IME within ten days of the date of the objection and/or notification of delay for employees covered under this Agreement. b. The employee shall be responsible for providing the Claims staff with their 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 their workday. The amount of time allotted for hours spent at a physician’s appointment during working hours will be subject to verification and will be allowed accordingly. c. Mileage reimbursement to covered employees shall be consistent with City policy and in accordance with Labor Code Section 4600 (e)(2) unless transportation is provided by the City. d. For purposes of appointments, the Claims staff will select the IME’s by starting with the first name from the exclusive list of approved medical providers within the pertinent specialty, and continuing down the list, in order, until the list is exhausted, at which time the Claims staff will resume using the first name on the list. e. The City is not liable for the cost of any medical examination used to resolve the parties’ disputes governed by this Agreement where said examination is furnished by a medical provider that is not authorized by this Agreement. Medical evaluations cannot be obtained outside of this Agreement for disputes covered by this Agreement. f. Both parties shall be bound by the opinions and recommendation of the IME selected in accordance with the terms of this Agreement. Article V. Discovery A. Employees covered by this Agreement shall provide the Claims staff with fully executed medical, employment and financial releases and any other documents reasonably necessary for the City to resolve the employee’s claim, when requested. B. The parties agree they have met and conferred on the language of the medical/financial/employment releases to be used under this Agreement. If said releases cause undue delay and/or unforeseen adverse impact(s) to the City 492 EXHIBIT E – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT PMA MOU July 1, 20231 through JuneDecember 301, 20263 45 and/or the PMA 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 493 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-524 MEETING DATE:6/20/2023 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: Adopt Resolution No. 2023-31 Approving and Implementing the Memorandum of Understanding (MOU) between the Huntington Beach Police Officers’ Association (POA) and the City of Huntington Beach for July 1, 2023, through June 30, 2026; and authorize appropriation of funds. Statement of Issue: The Memorandum of Understanding (MOU) between the Huntington Beach Police Officers’ Association (POA) and the City will expire on June 30, 2023. The City and POA engaged in good- faith negotiations, ultimately reaching agreement on terms in May 2023 on a three year contract covering the period of July 1, 2023 through June 30, 2026. The MOU was approved for introduction at the June 6, 2023 City Council meeting, and pursuant to the City’s municipal code, the MOU is placed on the agenda for formal consideration by the City Council. Financial Impact: Pursuant to the terms reached in the MOU by 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 in beginning in Fiscal Year 2026/27. Recommended Action: A) Adopt Resolution No. 2023-31, “A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Police Officers’ Association (POA) and the City for July 1, 20231, through June 30, 2026;” and, B) Authorize City Manager or designee to take all administrative and budgetary actions necessary for implementation of Resolution No. 2023-31. Alternative Action(s): Do not adopt Resolution No. 2023-31 approving the successor MOU for POA employees and direct staff to continue to: (1) meet and confer with the Association, or (2) utilize the impasse procedures City of Huntington Beach Printed on 6/15/2023Page 1 of 8 powered by Legistar™494 File #:23-524 MEETING DATE:6/20/2023 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 May 2023. The MOU was approved for introduction at the June 6, 2023 City Council meeting and is now ready for consideration for approval of City Council Key changes in the proposed MOU include the following: Term of Agreement July 1, 2023 through June 30, 2026 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. City of Huntington Beach Printed on 6/15/2023Page 2 of 8 powered by Legistar™495 File #:23-524 MEETING DATE:6/20/2023 ·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. 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 City of Huntington Beach Printed on 6/15/2023Page 3 of 8 powered by Legistar™496 File #:23-524 MEETING DATE:6/20/2023 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. 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 POA forty-one dollars ($41) per month per occupied covered position represented by POA and POA 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 City of Huntington Beach Printed on 6/15/2023Page 4 of 8 powered by Legistar™497 File #:23-524 MEETING DATE:6/20/2023 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 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 City of Huntington Beach Printed on 6/15/2023Page 5 of 8 powered by Legistar™498 File #:23-524 MEETING DATE:6/20/2023 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 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. City of Huntington Beach Printed on 6/15/2023Page 6 of 8 powered by Legistar™499 File #:23-524 MEETING DATE:6/20/2023 ·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 City of Huntington Beach Printed on 6/15/2023Page 7 of 8 powered by Legistar™500 File #:23-524 MEETING DATE:6/20/2023 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. 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. Resolution No. 2023-31 4. Proposed Memorandum of Understanding Between Huntington Beach Police Officers’ Association. 5. PowerPoint Presentation City of Huntington Beach Printed on 6/15/2023Page 8 of 8 powered by Legistar™501 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. 502 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. 503 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. 504 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. 505 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 506 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. 507 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~ HUNTINGTON BEACH 508 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 Proposal4,646,131 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 & Board509 RESOLUTION NO. 2023-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION (POA) AND THE CITY FOR JULY I, 2023 THROUGH JUNE 30, 2026 The City Council of the City of Huntington Beach does resolve as follows: The Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Officers' Association (POA), a copy of which is attached hereto as Exhibit "A" and by reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof; and the City Manager is authorized to execute this Agreement. Such Memorandum of Understanding shall be effective for the term of July 1, 2023 through June 30, 2026. PASSED AND ADOPTED by the City Council of the City of Huntington Beach al a regular meeting thereof held on the 20th day of June 2023. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager City Attorney ~ INITIATED AND APPROVED: Interim Human Resources Director 23-13009/312074 510 Memorandum of Understanding Between Huntington Beach Police Officers’ Association and City of Huntington Beach July 1, 2023 - June 30, 2026 511 MEMORANDUM OF UNDERSTANDING POLICE OFFICERS’ ASSOCIATION TABLE OF CONTENTS HBPOA MOU July 1, 2023 – June 30, 2026 i PREAMBLE ......................................................................................................................... 1 ARTICLE I - TERM OF MOU ............................................................................................... 1 ARTICLE II - REPRESENTATIONAL UNIT/CLASS ........................................................... 1 ARTICLE III - MANAGEMENT RIGHTS .............................................................................. 2 ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT .............................................. 2 ARTICLE V - SEVERABILITY ............................................................................................. 2 ARTICLE VI - SALARY SCHEDULE ................................................................................... 2 A. Salary Schedule ............................................................................................................... 2 B. Collection of Payroll Overpayments ................................................................................. 3 ARTICLE VII - SPECIAL PAY ............................................................................................. 3 A. Police Professional Development Plan ......................................................................... 3 B. Special Assignment Pay ................................................................................................ 4 C. Flight Pay ...................................................................................................................... 4 D. Chief Pilot/Safety Officer ............................................................................................... 5 E. Certified Flight Instructors ............................................................................................. 5 F. Shift Differential ............................................................................................................. 5 G. Motor Pay ...................................................................................................................... 5 H. Bilingual Pay ................................................................................................................. 6 I. Holidays ........................................................................................................................ 6 1. Holiday In-Lieu Pay .................................................................................................... 6 2. Holidays Worked ........................................................................................................ 6 3. Holidays ..................................................................................................................... 7 J. FTO Compensation ....................................................................................................... 7 K. Longevity Pay ................................................................................................................ 7 L. Retention Pay ................................................................................................................ 8 M. Effective Date of Special Pays ...................................................................................... 8 N. No Pyramiding/Compounding of Special Pays .............................................................. 8 O. Nurse Pay ..................................................................................................................... 8 1. Overtime .................................................................................................................... 8 2. Detention Shift Supervisor ......................................................................................... 9 3. Nurse Detention Officer and Detention Officer .......................................................... 9 ARTICLE VIII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT ............................. 10 A. Uniforms ...................................................................................................................... 10 B. Special Assignment Uniform Needs ............................................................................ 10 C. Motorcycle Britches ..................................................................................................... 10 ARTICLE IX - HOURS OF WORK/OVERTIME ................................................................. 10 A. Work Schedule ............................................................................................................ 10 1. Agreement ............................................................................................................... 10 2. 4/10 Schedule .......................................................................................................... 11 512 MEMORANDUM OF UNDERSTANDING POLICE OFFICERS’ ASSOCIATION TABLE OF CONTENTS HBPOA MOU July 1, 2023 – June 30, 2026 ii 3. 7/11.5 Schedule ....................................................................................................... 11 4. 3/12 or 3/12.5 Schedule ........................................................................................... 11 5. Work Week Communications Center ....................................................................... 12 6. Overtime .................................................................................................................. 12 7. Motors ...................................................................................................................... 12 B. Other Time .................................................................................................................. 13 1. Compensatory Time Off ........................................................................................... 13 2. Work Time ............................................................................................................... 14 3. Subpoena Compensation ........................................................................................ 14 4. Standby Pay ............................................................................................................ 15 5. Call Back ................................................................................................................. 16 6. Telephonic Business ................................................................................................ 16 7. Canine Compensation ............................................................................................. 16 8. Shift Trading ............................................................................................................ 17 ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS ........................................ 17 A. Retiree Medical Trust .................................................................................................. 17 B. Health .......................................................................................................................... 18 1. CalPERS Public Employees' Medical and Hospital Care Act .................................. 18 2. Dental Insurance...................................................................................................... 20 3. Retiree (Annuitant Coverage) .................................................................................. 20 4. Medical/Vision Opt-Out ............................................................................................ 21 5. Section 125 Employee Plan ..................................................................................... 21 6. Life Insurance .......................................................................................................... 21 7. Income Protection Plan ............................................................................................ 22 8. Long Term Care....................................................................................................... 23 ARTICLE XI - RETIREMENT ............................................................................................. 24 A. "Classic Member" Safety Employee Retirement Benefits ........................................... 24 1. 3% @ Age 50 Plan .................................................................................................. 24 2. 1959 Survivors' Benefit Level IV .............................................................................. 24 3. Pre-retirement Optional 2 Death Benefit .................................................................. 24 4. One-Year Final Compensation ................................................................................ 24 5. "Classic Member" Safety CalPERS Member Contribution ....................................... 24 6. "Classic Member" Safety CalPERS Cost Sharing .................................................... 25 B. "Classic Member" Miscellaneous Employee Retirement Benefits ............................... 25 1. 2.5% @ Age 55 Plan ............................................................................................... 25 2. 1959 Survivors' Benefit Level IV ............................................................................. 25 3. Pre-retirement Optional 2 Death Benefit .................................................................. 25 4. One-Year Final Compensation ................................................................................ 25 5. "Classic Member" Miscellaneous CalPERS Member Contribution .......................... 25 6. "Classic Member" Miscellaneous CalPERS Cost Sharing ....................................... 25 C. Retirement Benefits for Safety and Miscellaneous Employees ................................... 25 D. CalPERS "New Member" Retirement Benefits ............................................................ 26 E. "New Members" Safety Retirement Benefits ............................................................... 26 1. 2.7% @ Age 57 Plan ............................................................................................... 26 2. 1959 Survivors' Benefit Level IV ............................................................................. 26 513 MEMORANDUM OF UNDERSTANDING POLICE OFFICERS’ ASSOCIATION TABLE OF CONTENTS HBPOA MOU July 1, 2023 – June 30, 2026 iii 3. Pre-retirement Optional 2 Death Benefit .................................................................. 26 4. Final Compensation ................................................................................................. 26 5. "New Member" Safety CalPERS Cost Sharing ........................................................ 26 F. "New Member" Miscellaneous Retirement Benefits .................................................... 27 1. 2% @ Age 62 Plan .................................................................................................. 27 2. 1959 Survivors' Benefit Level IV .............................................................................. 27 3. Pre-retirement Optional 2 Death Benefit .................................................................. 27 4. Final Compensation ................................................................................................. 27 5. "New Member" Miscellaneous CalPERS Cost Sharing ........................................... 27 ARTICLE XII - LEAVE BENEFITS ..................................................................................... 28 A. General Leave ............................................................................................................. 28 1. Purpose ................................................................................................................... 28 2. Anniversary Date ..................................................................................................... 28 3. Annual General Leave Eligibility .............................................................................. 28 4. General Leave Accrual ............................................................................................ 28 5. Use of General Leave .............................................................................................. 29 6. General Leave Pay at Separation ............................................................................ 29 7. General Leave Conversion to Cash ......................................................................... 30 8. Deferred Compensation/General Leave Cash Out .................................................. 30 9. Financial Hardship ................................................................................................... 30 B. Sick Leave ................................................................................................................... 30 C. Bereavement Leave .................................................................................................... 30 D. Family and Medical Care Leave .................................................................................. 31 E. Catastrophic Leave Donation Program ....................................................................... 31 F. Nurse Employees Certification .................................................................................... 31 G. Cash Out of Compensatory Time ................................................................................ 31 H. Association Business .................................................................................................. 31 ARTICLE XIII - CITY PERSONNEL RULES ...................................................................... 32 ARTICLE XIV - MISCELLANEOUS ................................................................................... 32 A. Tuition Reimbursement ............................................................................................... 32 B. Meal and Mileage Allowance ....................................................................................... 32 C. Weapon Vesting .......................................................................................................... 32 D. Controlled Substance and Alcohol Testing .................................................................. 32 E. Take Home Vehicles/ Distance to Work ...................................................................... 32 F. Administrative Appeal Procedure ................................................................................ 33 G. Direct Deposit .............................................................................................................. 33 H. Meet and Confer ......................................................................................................... 33 I. Physical Fitness Program ............................................................................................ 33 J. Administrative Dispatcher Assignment ........................................................................ 33 EXHIBIT A - SALARY SCHEDULE ................................................................................... 35 EXHIBIT B - ASSOCIATION BANK TIME ......................................................................... 38 EXHIBIT C – SERVICE CREDIT SUBSIDY ....................................................................... 40 514 MEMORANDUM OF UNDERSTANDING POLICE OFFICERS’ ASSOCIATION TABLE OF CONTENTS HBPOA MOU July 1, 2023 – June 30, 2026 iv 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 EXHIBIT H - SPECIAL ASSIGNMENT PAY ...................................................................... 57 EXHIBIT I - CHIEF PILOT .................................................................................................. 60 515 HBPOA MOU July 1, 2023 – June 30, 2026 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 1, 2023 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 1, 2023 and ending at 11:59 p.m. on June 30, 2026. 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. 516 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 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 MOU. 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 MOU 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 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%). 517 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 3 Effective the pay period including July 1, 2025, employees will receive a base salary increase of five percent (5.0%). B. Collection of Payroll Overpayments - In the event that a payroll over payment is discovered and verified, and considering all reasonable factors including the length of time that the overpayment was made and if and when the employee could have reasonably known about such overpayment, the City will take action to collect from the employee the amount of overpayment(s). Such collection shall be processed by payroll deduction over a reasonable period of time considering the total amount of overpayment. In the event the employee separates from employment during the collection period, the final amount shall be deducted from the last payroll check of the employee. If applicable, the balance due from the employee shall be communicated upon employment separation if the last payroll check does not sufficiently cover the amount due the City. It shall be the responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error. The City reserves the right to also collect compensation overpayments caused by or the result of misinterpretation of a pay provision by non- authorized personnel. The interpretation of all pay provisions shall be administered by the City Manager or designee and as adopted by the City Council. Unauthorized compensation payments shall not constitute a past practice. ARTICLE VII - SPECIAL PAY A. Police Professional Development Plan 1. The Professional Development Plan for sworn personnel shall be as follows: a. College Degree Program i. Upon earning an AA Degree or attaining “Junior status” in a degree program, an employee shall be paid three percent (3%) of base hourly rate of pay in addition to other compensation. ii. Upon earning a BA/BS Degree, an employee shall be paid six percent (6%) of base hourly rate of pay in addition to other compensation. This pay is in lieu of pay received under sub-section (a)i above. iii. College degrees or College units under this program shall conform to POST standards for accreditation as noted in POST Regulation 9070 (c)(1)(A) and (B). iv. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) and Section 571.1(b)(2) Educational Incentive Pay. 518 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 4 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 eight percent (8%) of base hourly rate of pay in addition to other compensation. This pay is in lieu of pay received under sub-section (b)i above. iii. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) and Section 571.1(b)(2) Peace Officer Standard Training (POST) Certificate Pay. 2. Stipulations: a. Eligibility must be approved by the Chief of Police. An employee must maintain their 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 The provision of special assignments, including the pay is set forth in Exhibit H to this MOU. 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 commence upon assignment to the Aero unit.. 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. 519 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 5 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. 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. 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. 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. G. Motor Pay 1. Employees regularly assigned to motorcycle duty shall be paid five percent (5%) of their base hourly rate of pay in addition to other compensation. This pay shall also be paid for the hours an employee is in training for this assignment. 2. The parties agree any time spent on maintenance and/or cleaning of motorcycles shall be on-duty unless overtime has been approved in advance. The Department shall supply necessary materials needed to perform the following duties: a. Keeping the assigned motorcycle cleaned and waxed. b. Keeping the drive chain properly lubricated and adjusted, if applicable. c. Performing a daily check of the motorcycle fluid levels and tire pressure. d. Scheduling required routine services at specified mileage intervals with police motorcycle mechanics. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and Section 571.1(b)(3) Motorcycle Patrol Premium. 520 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 6 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. The City reserves the right to re-test at the Chief of Police’s discretion, 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. 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 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. 521 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 7 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) J. 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 Employees 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. K. Longevity Pay - The City shall provide all sworn employees represented by the Association, the following longevity pay in addition to other compensation as established by the Department’s Sworn Personnel Seniority List: 1. Five percent (5%) of the base hourly rate of pay at 10 years of qualified sworn law enforcement experience. 2. Effective June 24, 2023, fifteen percent (15%) 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. 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. 522 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 8 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. L. 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. M. 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. N. 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. O. Nurse Pay - Employees in the classification of Detention Shift Supervisor, who possess a Nurse certification, pursuant to the Nurse classification job description, shall receive five percent (5%) of their base hourly rate, for so long as they possess the Nursing Degree or certification. 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. 523 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 9 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 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. 524 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 10 The parties agree, to the extent permitted by law, the compensation in this section (Nurse Pay) is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) and Section 571.1(b)(2) Educational Incentive Pay. ARTICLE VIII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. Uniforms 1. The City shall continue the Uniform Allowance in lieu of the City providing uniforms for employees represented by the Association. Such allowance shall be thirteen hundred dollars ($1,300) for sworn employees and twelve hundred dollars ($1,200) for non-sworn employees per year. The Uniform Allowance for all employees shall be paid with the first paycheck in December. Employees hired after January 1st shall have their uniform allowance pro-rated for each month in which they were on active duty for a least one full shift. It is the mutual intent of the parties that this allowance shall be utilized solely for the purpose of replacing, repairing and maintaining uniforms and clothing worn in the line of duty. The City will continue to make initial issuance of required uniforms and replace uniforms and equipment damaged in the line of duty including safety equipment required by state law, City resolution or ordinance, or by order of the Chief of Police. 2. PERS Reporting of Uniform Allowance - The City shall report to the California Public Employees’ Retirement System (CalPERS) the uniform allowance for each sworn and civilian classification as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5). Notwithstanding the previous sentence, for “new members” as defined by the Public Employees’ Pension Reform Act of 2013, the uniform allowance will not be reported as compensation earnable to CalPERS. B. Special Assignment Uniform Needs - Uniforms and equipment for special assignments shall continue to be provided by the City. C. Motorcycle Britches - Motorcycle officers shall receive four pairs of britches at the time of assignment. After initial issue, replacement britches may be issued on the recommendation of the Traffic Bureau Commander with approval of the Department Head. All replaced britches must be turned in when replacement britches are received. 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 employees. 525 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 11 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. 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 Operations Division and Jail. a. Workday – A workday for employees assigned to the 7/11.5 work schedule will consist of 11 hours and 25 minutes of work. b. Eighty (80) Hour Work Period – For those sworn and detention employees working 11 hours and 25 minutes a day, the work period will consist of two consecutive weeks with three (3) consecutive shifts of 11 hours and 25 minutes in one week and four (4) consecutive shifts of 11 hours and 25 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 – The following work schedules may be assigned: a. 3/12 Work Schedule: 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/ 526 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 12 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. 5. Work Week Communications Center Employees in the 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. 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. 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 527 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 13 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 (Employee ID #’s 27021, 25785, and 70771) are grandfathered into the existing 7/11.5 schedule, including their assigned work days, and are exempt work schedule bidding. 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, 2026, 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. The parties agree that use of compensatory time off at the following times will be unduly disruptive: 528 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 14 a. At any time when the request for compensatory time off request presents an officer’s safety problem by going below shift minimum as presented by the City in the meet and confer process. b. The Association, its officers, agents, representatives and/or members agree that during the term of this MOU they will not call, engage in, request or condone the use of compensatory time off for any strike, walkout, work stoppage, job action, slowdown, sick-out, blue flu, withholding of services or other interference with City operations, or honor any job action by any other employee of the City, employee organizations, or employees of any other employers by withholding or refusing to perform services. In the event that the Association, its officers, agents, representatives, and/or members engage in any of the conduct prohibited herein above, the compensatory time off provision of this MOU shall sunset and thereafter overtime hours shall be compensated at the employee’s overtime rate. c. To the extent that these provisions are inconsistent with the Settlement Agreement in HBPOA, et al. v. City of Huntington Beach, et al. Case No. CV 92-6265 CMB (Shx) said settlement agreement is superseded. Provisions not so superseded shall not be affected by the agreement. 2. Work Time - For the purpose of computing the 80 hour work period for sworn employees in the unit and the 40 hour workweek for non-sworn employees in the unit, the following shall be included as hours worked in determining the eligibility for overtime pay. a. Sick leave. b. Vacation 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. The City shall recognize administrative subpoenas the same as criminal and civil, including subpoenaed hearings conducted by telephone. Telephone 529 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 15 Business under subpoena is differentiated from Telephonic Work as described in Section 6 below. 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. 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 when a subpoena for off-duty testimony is cancelled with less than twenty-four (24) hours’ notice. d. Retiree - In accordance with department policy, if the City accepts a subpoena on behalf of a current employee who then retires or a retiree, a stipend will be provided for court appearance time. The stipend will be based on the present Step E of the base hourly rate of pay of the position the retiree held before retirement from City service. Paid court preparation time and travel expenses shall be mutually agreed upon between the City and the retiree. 4. Standby Pay - An employee who is placed on standby status by a supervisor shall be paid four (4) hours pay at their base hourly rate of pay for each 24 (twenty-four) hour period, or any part thereof, of standby status. 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. 530 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 16 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). 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. 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. 531 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 17 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 their 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. 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. 532 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 18 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 their 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. 1. CalPERS Public Employees' Medical and Hospital Care Act 533 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 19 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 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 Employee + one dependent (“EE” + 1) $1,794.00 Employee + two or more dependents (“EE” + 2) $2,285.00 I I I I I I 534 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 20 c. The City shall also pay up to $22.76 per month for each employee for the VSP Vision Plan. The parties agree the required PEMHCA statutory minimum contribution is included in this sum stated in the sub-section above. If the employee enrolls in a plan wherein the costs exceed the City Contribution, the employee is responsible for all additional premiums through pre-tax payroll deductions. 2. Dental Insurance The annual maximum benefit for the Delta Dental PPO plan is $2000 (two thousand dollars). The maximum monthly City contribution for dental insurance shall be as follows: 1) employee only (“EE”) - $57.86; 2) employee plus one dependent (“EE+1”) - $108.02 or 3) employee plus two or more dependents (“EE+2”) - $142.36. 3. Retiree (Annuitant) Coverage As required by the Government Code retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. The City’s requirement to provide retirees and/or annuitants medical coverage is solely governed by the Government Code requirement that requires the City to extend this benefit to retirees (annuitants). While the City is contracted with CalPERS to participate in the PEMHCA program, CalPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. a. City Contribution (Unequal Contribution Method) for Retirees As allowed by the Government Code and the CalPERS Board, and requested by the Association, the City contracted for and uses the Unequal Contribution Method to make City contributions on behalf of each retiree or annuitant. The starting year for the unequal contributions method was 2004 at $1.00 per month. The City’s contribution for each annuitant shall be increased annually by five percent (5%) of the monthly contribution for employees, until such time as the contributions are equal. The Service Credit Subsidy will be reduced every January 1st by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). The City shall make these payments only while the City is a participant in the PEMHCA program. b. Termination of Participation in the CalPERS PEMHCA program – Impact to Retirees 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 535 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 21 participation in the PEMHCA program, retirees (annuitants) shall no longer be eligible for City provided medical insurance. In the event that the City terminates its participation in the PEMHCA program, the retiree medical subsidy program in place in Resolution No. 2001-28 Exhibit C to the MOU shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. c. Termination Clause The City and Association may each request termination of the City’s contract with CalPERS after the announcement of State Legislation, Judicial Rulings, or a CalPERS Board Action that changes the employer’s contribution, insurance premiums or program changes to the CalPERS medical plan. The City and Association may elect to terminate its participation in the CalPERS PEMHCA program by mutual agreement through the meet and confer process between the Association and the City. 4. Medical/Vision Opt-Out Employees covered by group health insurance outside of a City-provided program (evidence of which must be supplied to the Human Resources Department), may elect to discontinue City medical coverage and either direct the cash value of the City’s Contribution Cap for employee only (“EE”) medical coverage as described in Article X.B.1.(b) be deposited into their Deferred Compensation account, or any other pre-tax program offered or approved by the City, or the employee may elect to receive this amount as a taxable cash medical-opt out benefit. In order to be eligible for the opt-out payment the employee must be able to demonstrate to the City’s satisfaction that they are enrolled in a qualified employer-sponsored group health plan that provides minimum essential coverage as defined by the Affordable Care Act, (The coverage must be obtained through another source other than coverage in the individual market, whether or not obtained through Covered California) 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. 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 536 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 22 The City will provide $50,000 term life insurance and $50,000 accidental death and dismemberment insurance without evidence of insurability other than evidence of working full time. Additional life insurance may be purchased consistent with the plan limitations, at the employee’s cost, with evidence of insurability. 7. Income Protection Plan The City authorizes the HBPOA to administer its own Long Term Disability (LTD) Program providing the following conditions are adhered to: a. The City and HBPOA agree that the City shall not 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 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. d. Non-dues paying represented employees shall be covered by the LTD Policy at the same premium rate as dues paying represented employees. e. City payment to HBPOA is to be made for each represented employee per month based on the bi-weekly payroll. f. HBPOA shall pay the authorized provider for the cost of premiums and any expenses incurred for administering the program. g. The City shall provide the HBPOA with a monthly report of covered employees. h. No self-funding/self-insurance of LTD benefits is permitted under this agreement. 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; 537 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 23 5) A copy of the current plan document as well as any changes or amendments, or written confirmation that there have been no changes as LTD provider; 6) A copy of the “Summary Annual Report” and, upon request, a copy of the latest filed Form 5500; 7) A listing of active HBPOA claimants with all relevant data as requested by City (i.e., date of disability, etc.) including the allocated reserves for each claimant; 8) Verification of the premium received and credited by the HBPOA. 9) A statement certifying that the submitted premiums are only being utilized to provide LTD benefits for participating members including members of the HBPOA; and 10) A written confirmation from the plan administrator confirming (i) that it is authorized to do business in California; (ii) that it is properly licensed; (iii) that it maintains current “Errors and Omissions” insurance; and (iv) that it is bonded. j. All Federal and State laws regarding LTD benefit coverage shall be followed. k. HBPOA agrees that it will indemnify and hold harmless the City as well as all direct or indirect successors, officers, directors, heirs, predecessors, assigns, agents, insurers, employees, attorneys, representatives, and each of them, past and present, from and against any claims, lawsuits, penalties, interest, taxes, or liability of any kind whatsoever, which may result from the HBPOA sponsored and administered LTD insurance program. 8. Long Term Care a. The City authorizes the HBPOA to administer its own Long Term Care (LTC) Program providing the following conditions are adhered to: 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. e. City payment to HBPOA is to be made for each represented employee per month based on the bi-weekly payroll. 538 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 24 f. HBPOA shall pay the authorized provider for the cost of premiums and any expenses incurred for administering the program. g. The City shall provide the HBPOA with a monthly report of covered employees. h. No self-funding/self-insurance of LTC benefits is permitted under this agreement. i. Upon request, the HBPOA shall provide any reasonable documentation to the City as similarly described in the LTD Program. j. All federal and State laws regarding LTC benefit coverage shall be followed. k. HBPOA agrees that it will indemnify and hold harmless the City as well as all direct or indirect successors, officers, directors, heirs, predecessors, assigns, agents, insurers, employees, attorneys, representatives, and each of them, past and present, from and against any claims, lawsuits, penalties, interest, taxes, or liability of any kind whatsoever, which may result from the HBPOA sponsored and administered LTC Program. ARTICLE XI – RETIREMENT A. “Classic Member” Safety Employee Retirement Benefits: 1. 3% @ Age 50 Plan - The City shall provide the 3% @ Age 50 retirement formula set forth in California Government Code Section 21362.2 for all safety employees defined as “classic members” per the Public Employees’ Pension Reform Act of 2013 (PEPRA) represented by the Association. 2. 1959 Survivors’ Benefit Level IV (California Government Code Section 21574) - Members of the City’s safety retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit. 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 539 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 25 basis. However, ultimately, the tax status of any benefit is determined by the law. 6. Classic Member Safety CalPERS Cost Sharing: a. Classic member safety members shall cost share four percent (4%) compensation earnable in accordance with Government Code section 20516(f). B. “Classic Member” Miscellaneous Employee Retirement Benefits: 1. 2.5 % @ Age 55 Plan (California Government Code Section 21354.4) – Members of the City’s miscellaneous retirement plan with the California Public Employees’ Retirement System (CalPERS) shall receive the 2.5% at age 55 CalPERS retirement plan. 2. 1959 Survivors’ Benefit Level IV (California Government Code Section 21574) - Members of the City’s miscellaneous retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit. 3. Pre-Retirement Optional Settlement 2 Death Benefit (California Government Code Section 21548) - Members of the City’s miscellaneous retirement plan shall be covered by the Pre-Retirement Optional Settlement 2 Death Benefit. 4. One-Year Final Compensation (California Government Code Section 20042) 5. Classic Miscellaneous CalPERS Member Contribution - a. All “classic members” shall pay their CalPERS member contribution of eight percent (8%) of compensation 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: Classic 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 540 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 26 have received for their 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. 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 their 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: 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 541 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 27 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. 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 their 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, 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. 542 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 28 ARTICLE XII – LEAVE BENEFITS A. General Leave: The provisions on General Leave are set forth below. They went into effect on April 18, 2020. 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 they 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: 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 - 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). 543 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 29 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. 5. Use of General Leave (or Previously Accrued Vacation Leave) 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 their designee); however, the Chief of Police shall schedule all vacations with due consideration for the 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. 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. 544 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 30 7. General Leave Conversion to Cash – 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 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. 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. 9. 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. B. Sick Leave – Full-time employees hired on or before April 18, 2020 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. 545 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 31 D. Family and Medical Care Leave – 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. 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 off for a work related injury shall not run concurrently with FMLA or CFRA leave for sworn and detention employees. 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 (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. 546 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 32 ARTICLE XIII - CITY PERSONNEL RULES All MOU provisions that supersede the City’s Personnel Rules shall automatically be incorporated into the City’s Personnel Rules as applicable. All City Personnel Rules shall apply to Association members, however, to the extent this MOU modifies the City’s Personnel Rules, the Personnel Rules as modified will apply to Association members. ARTICLE XIV – MISCELLANEOUS A. Tuition Reimbursement - Education costs shall be paid to non-sworn employees on the basis of full refund for tuition fees, books and supplies-provided, however, that maximum reimbursement shall be at the rates currently in effect in the University of California system. Upon approval of the Chief of Police and Director of Human Resources, 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 Human Resources. Reimbursements shall be made when employees present proof to the Director of Human Resources 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. 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, they shall be fully vested with ownership. Employees are responsible for paying the gun transfer fee when the weapon is transferred to them. 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. 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 547 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 33 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. 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. 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. 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). 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. J. Administrative Dispatcher Assignment 1. The Administrative Dispatcher assignment will be for two years. The employee in the assignment will stay in the assignment for two years from their 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 Services Manager has the discretion to keep the assignment vacant or to appoint another (i.e., a different person) Police 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. 548 POLICE OFFICERS’ ASSOCIATION HBPOA MOU July 1, 2023 – June 30, 2026 34 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 Services Manager Police Communications Supervisor Police Communications Administrative Supervisor Police Communications Operator IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this _____ day of _____ 2023. CITY OF HUNTINGTON BEACH HUNTINGTON BEACH POLICE OFFICERS’ ASSOCIATION By: By: Al Zelinka City Manager Mark Wersching POA President By: By: Eric 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 549 POLICE OFFICERS’ ASSOCIATION EXHIBIT A – SALARY SCHEDULE HBPOA MOU July 1, 2023 – June 30, 2026 35 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 Supervisor 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 550 POLICE OFFICERS’ ASSOCIATION EXHIBIT A – SALARY SCHEDULE HBPOA MOU July 1, 2023 – June 30, 2026 36 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 Supervisor 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 551 POLICE OFFICERS’ ASSOCIATION EXHIBIT A – SALARY SCHEDULE HBPOA MOU July 1, 2023 – June 30, 2026 37 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 Supervisor 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 552 POLICE OFFICERS’ ASSOCIATION EXHIBIT B – ASSOCIATION BANK TIME HBPOA MOU July 1, 2023 – June 30, 2026 38 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 MOU. 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 their 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 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. D. Those Association members that may use the Association Bank are: 1. President of the Huntington Beach Police Officers’ Association. 2. Board of Directors of the Huntington Beach Police Officers’ Association. 1 1. Substantial time, being defined as that time in excess of one hour and where the Association member is not available for duty until the Association business is concluded. 553 POLICE OFFICERS’ ASSOCIATION EXHIBIT B – ASSOCIATION BANK TIME HBPOA MOU July 1, 2023 – June 30, 2026 39 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. 554 POLICE OFFICERS’ ASSOCIATION EXHIBIT C – SERVICE CREDIT SUBSIDY HBPOA MOU July 1, 2023 – June 30, 2026 40 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 their 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 their 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 their 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 555 POLICE OFFICERS’ ASSOCIATION EXHIBIT C – SERVICE CREDIT SUBSIDY HBPOA MOU July 1, 2023 – June 30, 2026 41 Huntington Beach. Said service must be continuous unless prior service is reinstated at the time of their 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 25 344 556 POLICE OFFICERS’ ASSOCIATION EXHIBIT C – SERVICE CREDIT SUBSIDY HBPOA MOU July 1, 2023 – June 30, 2026 42 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 their 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 their 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 their 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. 557 POLICE OFFICERS’ ASSOCIATION EXHIBIT D – ADMINISTRATIVE APPEAL PROCEDURE HBPOA MOU July 1, 2023 – June 30, 2026 43 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, they 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. 558 POLICE OFFICERS’ ASSOCIATION EXHIBIT D – ADMINISTRATIVE APPEAL PROCEDURE HBPOA MOU July 1, 2023 – June 30, 2026 44 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) 559 POLICE OFFICERS’ ASSOCIATION EXHIBIT D – ADMINISTRATIVE APPEAL PROCEDURE HBPOA MOU July 1, 2023 – June 30, 2026 45 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. 560 POLICE OFFICERS’ ASSOCIATION EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION HBPOA MOU July 1, 2023 – June 30, 2026 46 VOLUNTARY CATASTROPHIC LEAVE DONATION 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 child, parent, spouse, domestic partner, grandchild, grandparent, sibling and in- laws. 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 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 561 POLICE OFFICERS’ ASSOCIATION EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION HBPOA MOU July 1, 2023 – June 30, 2026 47 employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient’s hourly wage. An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. 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. 562 POLICE OFFICERS’ ASSOCIATION EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION HBPOA MOU July 1, 2023 – June 30, 2026 48 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: I I -□ □ □ □ 563 POLICE OFFICERS’ ASSOCIATION EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION HBPOA MOU July 1, 2023 – June 30, 2026 49 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. □ □ □ I 564 POLICE OFFICERS’ ASSOCIATION EXHIBIT F – JOB SHARING PROGRAM HBPOA MOU July 1, 2023 – June 30, 2026 50 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. 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. 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. 10. Accrue General Leave on half time basis. 11. Earn seniority on half time basis. 565 POLICE OFFICERS’ ASSOCIATION EXHIBIT F – JOB SHARING PROGRAM HBPOA MOU July 1, 2023 – June 30, 2026 51 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. 566 POLICE OFFICERS’ ASSOCIATION EXHIBIT G - ALTERNATIVE DISPUTE RESOLUTION AGREEMENT HBPOA MOU July 1, 2023 – June 30, 2026 52 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 567 POLICE OFFICERS’ ASSOCIATION EXHIBIT G - ALTERNATIVE DISPUTE RESOLUTION AGREEMENT HBPOA MOU July 1, 2023 – June 30, 2026 53 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. 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, 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 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). 568 POLICE OFFICERS’ ASSOCIATION EXHIBIT G - ALTERNATIVE DISPUTE RESOLUTION AGREEMENT HBPOA MOU July 1, 2023 – June 30, 2026 54 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 they breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. G. Appointments. 569 POLICE OFFICERS’ ASSOCIATION EXHIBIT G - ALTERNATIVE DISPUTE RESOLUTION AGREEMENT HBPOA MOU July 1, 2023 – June 30, 2026 55 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 their 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 their 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 to work, including transitional duty, future medical care, and resolution of all 570 POLICE OFFICERS’ ASSOCIATION EXHIBIT G - ALTERNATIVE DISPUTE RESOLUTION AGREEMENT HBPOA MOU July 1, 2023 – June 30, 2026 56 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. 571 POLICE OFFICERS’ ASSOCIATION EXHIBIT H - SPECIAL ASSIGNMENT PAY HBPOA MOU July 1, 2023 – June 30, 2026 57 SPECIAL ASSIGNMENT PAY 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: 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 572 POLICE OFFICERS’ ASSOCIATION EXHIBIT H - SPECIAL ASSIGNMENT PAY HBPOA MOU July 1, 2023 – June 30, 2026 58 relinquished the position, promote, are removed for just cause or separate from the City. 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. 573 POLICE OFFICERS’ ASSOCIATION EXHIBIT H - SPECIAL ASSIGNMENT PAY HBPOA MOU July 1, 2023 – June 30, 2026 59 c. Oral Interview, which will be weighed 75% of total score: 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. 574 POLICE OFFICERS’ ASSOCIATION EXHIBIT I – CHIEF PILOT HBPOA MOU July 1, 2023 – June 30, 2026 60 CHIEF PILOT At any given time, there will be no more than one employee assigned as Chief Pilot. 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: 575 POLICE OFFICERS’ ASSOCIATION EXHIBIT I – CHIEF PILOT HBPOA MOU July 1, 2023 – June 30, 2026 61 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. 576 Consideration of the Proposed Memorandum of Understanding with Police Officers’ AssociationCITY OF HUNTINGTON BEACHCITY COUNCIL MEETINGJune 20, 2023577 OverviewPursuant 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.On June 6, 2023 The City Council voted affirmatively to Introduce the POA labor agreement for formal consideration.578 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 schedules579 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 580 Fiscal ImpactFiscal YearProject FY 2023/24$4.6 millionFY 2024/25$2.9 millionFY 2025/26$3.0 millionFY 2026/27$1.5 millionTotal $12.0 million-I ~ --~ ----' 581 City Council OptionsRecommended ActionAdopt Resolution No. 2023-31, Approving the Proposed Successor Memorandum of Understanding with POA, and, Authorize the City Manager or designee to take all administrative and budgetary actions necessary for implementation of Resolution No. 2023-31Alternative ActionDo not approve introduction of the Agreement, and direct staff to:1) Continue to meet and confer with the POA2) Utilize the impasse procedures contained within the City’s Employer-Employee Relations Resolution582 Questions?583 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-532 MEETING DATE:6/20/2023 Subject: Submitted by Mayor Pro Tem Van Der Mark - Selection, Display and Circulation of Library Books and Other Materials within Huntington Beach Public Libraries (HBPL) Recommended Action: A) Direct the City Manager to work with the City Attorney to return to the City Council in August of this year with a proposed Ordinance for the City’s Libraries and other public facilities making obscene and/or pornographic materials, both in hard copy and digitally/electronically, unavailable to minors; with the City Attorney evaluating the materials under the First Amendment. The Ordinance should also present the policy for procurement, which would include new screening protocols for books/materials/content yet to be acquired by the Library or other City facilities that are intended for children at our public facilities, by screened for obscenity and/or pornography. The Ordinance should also present findings and authorities for “obscenity” within the meaning of the First Amendment. B) I would also like to direct our City Manager to look into the process to part ways with the American Library Association. Attachment(s): 1. Van Der Mark - Selection, Display and Circulation of Library Books and Other Materials within Huntington Beach Public Libraries City of Huntington Beach Printed on 6/15/2023Page 1 of 1 powered by Legistar™584 TO: Huntington Beach City Council FROM: Gracey Van Der Mark, Mayor Pro Tem DATE: June 20, 2023 SUBJECT: Selection, Display and Circulation of Library Books and Other Materials within Huntington Beach Public Libraries (HBPL) ISSUE STATEMENT It has been a longstanding problem in public education that children are being exposed to obscene, and age-inappropriate material by adults, many of whom are educators we have entrusted with our children. Not too long ago, I learned that our City public libraries also provide similar obscene materials to our youth in the form of obscene and at times pornographic children's books (and other materials). Our City libraries should not be engaged in infecting our children with obscenity or pornography. According to the Department of Justice (https://www.justice.gov/criminal-ceos/obscenity), "Obscenity is not protected under First Amendment rights to free speech, and violations of federal obscenity laws are criminal offenses. The U.S. courts use a three-pronged test, commonly referred to as the Miller test, to determine if given material is obscene. Obscenity is defined as anything that fits the criteria of the Miller test, which may include, for example, visual depictions, spoken words, or written text." The Department of Justice goes on to say "Federal law strictly prohibits the distribution of obscene matter to minors. Any transfer or attempt to transfer such material to a minor under the age of 16, including over the Internet, is punishable under federal law.. In addition, visual representations, such as drawings, cartoons, or paintings that appear to depict minors engaged in sexual activity and are obscene are also illegal under federal law." While the Department of Justice may not present the entire legal analysis and controlling authorities here, this publicly available information by one of our top federal agencies should be instructive of the applicable legal standards for obscenity, and the gravity against allowing this kind of material around our children. There are censored examples of obscene and/or pornographic children's books in the Power Point Presentation. The full, uncensored versions of the images cannot even be shown here tonight, because doing so could very well violate the very same federal laws, and possibly other laws, mentioned here. The City should take action to make these books/materials, and others like them, unavailable to our children by, in, or around our City facilities. Because of the delicate balance required to maintain First Amendment rights, while protecting our children 585 from unprotected obscene and/or pornographic material, such books and other materials should be submitted to the City Attorney for legal analysis and evaluation for First Amendment protections. RECOMMENDED ACTION Direct the City Manager to work with the City Attorney to return to the City Council in August of this year with a proposed Ordinance for the City's Libraries and other public facilities to making obscene and/or pornographic materials, both in hard copy and digitally/electronically, unavailable to minors; with the City Attorney evaluating the materials under the First Amendment. The Ordinance should also present the policy for procurement, which would include new screening protocols for books/materials/content yet to be acquired by the Library or other City facilities that are intended for children at our public facilities, by screened for obscenity and/or pornography. The Ordinance should also present findings and authorities for "obscenity" within the meaning of the First Amendment. I would also like to direct our City Manager to look into the process to part ways with the American Library Association. STRATEGIC PLAN GOAL Not applicable 586 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-534 MEETING DATE:6/20/2023 Subject: Submitted by Council Members Kalmick, Bolton, and Moser - Denouncing Hate in Huntington Beach Recommended Action: Motion for a Minute Action (which shall be deemed a Council Resolution) that “The City Council of the City of Huntington Beach denounces antisemitism, white supremacy, and anti-LGBTQ hate.” Attachment(s): 1. Kalmick, Bolton, Moser - Council Member Item City of Huntington Beach Printed on 6/15/2023Page 1 of 1 powered by Legistar™587 TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: DAN KALMICK, CITY COUNCIL MEMBER RHONDA BOLTON, CITY COUNCIL MEMBER NATALIE MOSER, CITY COUNCIL MEMBER DATE: JUNE 20, 2023 SUBJECT: DENOUNCING HATE IN HUNTINGTON BEACH The City Council of the City of Huntington Beach denounces antisemitism, white supremacy, and anti-LGBTQ hate. RECOMMENDED ACTION Motion for a Minute Action (which shall be deemed a Council Resolution) that “The City Council of the City of Huntington Beach denounces antisemitism, white supremacy, and anti-LGBTQ hate.” i 1w ~· ii ~ ' 588