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Home My WebLink About1-16-2024 Agenda PacketIN-PERSON PUBLIC PARTICIPATION: Members of the public are welcome to attend City Council meetings in person. Alternate ways to view meetings live or on-demand include: livestreamed on HBTV Channel 3 (replayed on Wednesday at 10:00 a.m. and Thursday 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 welcome to communicate with the City Council (and staff supporting Council) at City.Council@surfcity-hb.org . MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please contact the City Clerk's Office at (714) 536-5227 for more information. AGENDA City Council/Public Financing Authority Tuesday, January 16, 2024 Council Chambers 2000 Main Street Huntington Beach, CA 92648MAYOR AND CITY COUNCIL GRACEY VAN DER MARK, Mayor PAT BURNS, Mayor Pro Tem RHONDA BOLTON, Councilmember DAN KALMICK, Councilmember CASEY McKEON, Councilmember NATALIE MOSER, Councilmember TONY STRICKLAND, Councilmember STAFF ERIC G. PARRA, Interim City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer 1 AGENDA January 16, 2024City Council/Public Financing Authority 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick CITY COUNCIL MEMBER 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 PERTAINING TO STUDY AND/OR CLOSED SESSION ITEMS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY AND/OR CLOSED SESSION ITEMS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the Study Session and/or Closed Session agendas. Individuals wishing to provide a comment on item(s) may do so in person by filling out a Request to Speak form delivered to the City Clerk. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. STUDY SESSION 24-0191.Water & Sewer Rate Study RECESS TO CLOSED SESSION CLOSED SESSION 24-0272.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Whittington (Sherrie) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2022-01282344. 24-0283.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. Page 1 of 7 2 AGENDA January 16, 2024City Council/Public Financing Authority (Paragraph (1) of subdivision (d) of Section 54956.9). Kennedy Commission, et al. v. City of Huntington Beach (Beach-Edinger Corridor); Case No.: 30-2015-00801675. 24-0294.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Eric Parra, Interim City Manager; also in attendance: Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney and Sunny Han, Chief Financial Officer. Employee Organization: The Huntington Beach Firefighters’ Association (HBFA). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick PLEDGE OF ALLEGIANCE INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 24-0155.Huntington Beach Police Chaplain Bob Ewing 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 Page 2 of 7 3 AGENDA January 16, 2024City Council/Public Financing Authority city.council@surfcity-hb.org. While the City Council welcomes public involvement and supports and defends free speech, the City Council rejects comments from anyone that are discriminatory, defamatory or otherwise not protected free speech. Those comments will not inform nor be considered by the City Council and may be cause for the Mayor to interrupt the public speaker. Such public comments will not be consented to or otherwise adopted by the City Council in its discussions and findings for any matter tonight. COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS Councilmembers may make brief announcements on any appointments made to a board, committee, or commission. Councilmembers may not discuss or take any action on these announcements. Announcements are limited to 1 minute. AB 1234 REPORTING Per AB 1234 (Government Code Section 53232.3(d)) Councilmembers who attend a meeting, conference, or similar event at the expense of the City must provide a brief report of the meeting, 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 24-0206.Proposal for the 2024 Celebration Calendar Program in response to City Council’s December 19, 2023 H Item. Request input from City Council on the proposed calendar of themes and acknowledgments for 2024 and input on the proposed plan for future themes and acknowledgments. CITY ATTORNEY'S REPORT 24-0427.Update on the status, post-judgment, of the City’s lawsuit in State Court - City of Huntington Beach v. State Department of Finance involving Redevelopment Reimbursements 24-0438.Update on the status involving the City’s Appeal to the Ninth Circuit Court of Appeals - City of Huntington Beach v. State of California involving the City’s challenge to the State RHNA mandates CONSENT CALENDAR (Items 9-18) Page 3 of 7 4 AGENDA January 16, 2024City Council/Public Financing Authority City Clerk 24-0109.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes of December 19, 2023. Recommended Action: 23-105610.Receive and file the City Clerk’s quarterly listing of professional services contracts filed in the City Clerk’s Office between January 1, 2023 and September 30, 2023 A) Receive and file the “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of January 1, 2023 and March 31, 2023;” and, B) Receive and file the “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of April 1, 2023 and June 30, 2023;” and, C) Receive and file the “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of July 1, 2023 and September 30, 2023.” Recommended Action: 24-00911.Annual Review of the City Code of Ethics Direct the City Clerk to record in the official minutes that the City Code of Ethics was presented to the City Council, City Manager, Chairpersons, and City Department Directors for their review and distribution as required by Resolution No. 2016-73. Recommended Action: Community and Library Services 24-01412.Approve reappointments to the Independence Day Board with terms to expire September 30, 2027 As recommended by City Council Member Liaisons Gracey Van Der Mark and Casey McKeon, approve the reappointment of Andi Kowal, Pat Love, Lisa Marie Moreo, Don Ramsey, and Linda Vircks to the Independence Day Board with terms to expire September 30, 2027. Recommended Action: Human Resources 24-00713.Adopt Resolution 2024-03 appointing Danielle Tellez as Interim Page 4 of 7 5 AGENDA January 16, 2024City Council/Public Financing Authority Director of Human Resources and approving the Employment Agreement A) Adopt Resolution No. 2024-03, “A Resolution of the City Council of the City of Huntington Beach Appointing Danielle Tellez as Interim Director of Human Resources;” and B) Approve and Authorize the City Manager to execute the “Employment Agreement between the City of Huntington Beach and Danielle Tellez. Recommended Action: 24-00814.Adopt Resolution 2024-04 Modifying the Non-Elected Non-Represented Employee Pay Schedule to Amend the Compensation for the Assistant City Manager, Fire Chief, and Police Chief effective Fiscal Year 23/24 through Fiscal Year 26/27 A) Adopt Resolution 2024-04, “A Resolution of the City Council of the City of Huntington Beach Modifying the Non-Elected Non-Represented Employees Pay Schedule to Amend the Compensation for the Assistant City Manager, Fire Chief, and Police Chief effective Fiscal Year 23/24 through Fiscal Year 26/27”; and B)Authorize City Manager or designee to take all administrative and budgetary actions necessary to implement Resolution No. 2024-04. Recommended Action: 23-107415.Adopt Resolution No. 2024-01 approving and implementing the Memorandum of Understanding between the Huntington Beach Fire Management Association (FMA) and the City of Huntington Beach for January 1, 2024, through December 31, 2026; and authorize appropriation of funds A) Adopt Resolution No. 2024 -01, “A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Fire Management Association and the City of Huntington Beach for the period January 1, 2024, and December 31, 2026; and, B) Authorize City Manager or designee to take all administrative and budgetary actions necessary for implementation of Resolution No. 2024 -01. Recommended Action: 23-107516.Adopt Resolution No. 2024-02 approving and implementing the Memorandum of Understanding between the Huntington Beach Fire Association (HBFA) and the City of Huntington Beach for January 1, 2024, through December 31, 2026; and authorize appropriation of Page 5 of 7 6 AGENDA January 16, 2024City Council/Public Financing Authority funds A) Adopt Resolution No. 2024-02, “A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Firefighters’ Association and the City of Huntington Beach for the period January 1, 2024 through December 31, 2026; and, B) Authorize City Manager or designee to take all administrative and budgetary actions necessary for implementation of Resolution No. 2024 -02. Recommended Action: Public Works 23-105517.Approve and execute the Second Amendment with Los Angeles SMSA to the Schedule of Leased Property for Fire Station No. 7 A) Approve the Second Amendment with Los Angeles SMSA to Schedule of Leased Property for Fire Station No. 7; and, B) Authorize the Mayor and City Clerk to sign and execute the Second Amendment to Schedule of Leased Property for Fire Station No. 7. Recommended Action: Police 24-01118.Adopt Ordinance No. 4303 Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits (Approved for Introduction on 12/19/2023 by a vote of 7-0) Adopt Ordinance No. 4303, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits” to address special permits regarding parking time limits for recreational vehicles. Recommended Action: ADMINISTRATIVE ITEMS 23-107119.FY 2023-2027 Strategic Plan - Biannual Progress Update #1 Receive and file the FY 2023-2027 Strategic Plan - Biannual Progress Update #1. Recommended Action: COUNCIL MEMBER ITEMS 24-03920.Item Submitted by Mayor Pro Tem Burns - Council Recommended Action Regarding Rhone Lane/OC San Reg Miller-Holder Easement Page 6 of 7 7 AGENDA January 16, 2024City Council/Public Financing Authority It is requested that the Huntington Beach City Council direct the City Manager and City Attorney to work with OC San and the residents and homeowners of Rhone Lane affected by the Miller-Holder easement towards an agreeable solution if asked by both OC San and the Owners/Residents. Recommended Action: 24-04621.Item Submitted by Council Members Bolton, Kalmick and Moser - Rhone Lane - OC San Easement Issue We recommend that the City Council request OC San pause its action for 60 days on this issue at its meeting on January 17, 2024 (We asked the OC San Board Chair to agendize this issue as a placeholder in preparation for our vote tonight or failing that a Special Meeting). We should further engage the City Manager and City Staff to work with OC San staff on additional options available to residents affected by this encroachment. And, if appropriate, have staff convene a town hall with residents and appropriate parties to discuss the issue. Recommended Action: 24-04522.Item Submitted by Council Members Bolton, Kalmick and Moser - Expedited Plan Check for Development Direct the City Manager to work with Bargaining Units and the necessary City Departments (e.g. Community Development, Public Works, Fire etc.) to create a voluntary, expedited plan check process with either City Employees (first priority) and/or contracted plan checkers to help expedite the process of getting plans approved. All costs would be borne by the Expedited Plan Check applicant, not the City. Recommended Action: ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, February 6, 2024, 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 7 of 7 8 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-019 MEETING DATE:1/16/2024 Water & Sewer Rate Study City of Huntington Beach Printed on 1/10/2024Page 1 of 1 powered by Legistar™9 Water and Wastewater Rate Workshop January 2024 10 Infrastructure WATER •53,000 metered connections •630 miles of water pipe •9 active wells (13,000 gpm) •4 reservoirs (55 MG storage) •5,800 fire hydrants •26,000 acre-feet of water served per year (23 mgd) SEWER •52,000 service laterals •360 miles of sewer pipe •27 lift stations •31 siphons •7,678 manholes 11 Master Plan and Rate Studies 12 ~.o,,, '=' Huntington Beach WATER /- MASTER PLAN UPDATE CITY OF HUNTINGTON BEACH 2019 Water Rate Study Update Final Report f May 10 2019 ~ RAFTEL I S Key WATER Infrastructure Projects 3 New Water Wells $22 million Peck Reservoir Roof Replacement $8 millionWOCWB OC-35 & OC-9 Corrosion Control Project $11 million Aging Pipe Repl. $36 million Onsite Chlorine & Fluoride Generation $15 million CJ1 13 □ Slide 4 CJ1 Alvin - keep the notes on this section lighter than what you have now. It's a bit too in depth at this moment. Jun, Catherine, 1/10/2024 14 •??? Key SEWER Infrastructure Project Sewer Lift Station Replacements $17 million Sewer Pipe Inspection $250K Aging Pipe Rehab $7 million Utility Relocations $750K Sewer Infrastructure Repairs $27 million Pumps Wet-well Generators CJ2 15 □ Slide 5 CJ2 Same comment as slide 4. Jun, Catherine, 1/10/2024 16 How are these projects/services paid? •Water and wastewater fees are not a tax but a fee for service deposited into “enterprise funds”. •Fees are used to pay for “specific benefits”. •To increase fees, we need approval from the elected body •Taxes are used to pay for “general benefits”. •To increase taxes, we need approval from the public by a vote •For water and sewer fees, customers only pay for what they use. 17 Water & Sewer Rate Study •Good news •High resident satisfaction •Reliable system •Challenges •50-60 year old infrastructure needs to be replaced •Rate Study •Cost of Service •Balance revenue vs. expenses •Affordability 18 CITY OF HUNTINGTON BEACH 2019 Water Rate Study Update Final Report / May 10 , 2019 ~ RAFTELIS Major drivers in our analysis • Last rate adjustments adopted in 2019 • Rising construction costs • Inflation • Electricity • Maintenance • Supplies • Labor • Additional revenue needed to balance operating budget and fund CIP projects 19 Potential Consequences • Leaks or failures • Costly repairs and community disruptions • Unsafe conditions • Sewer spills • Unreliable service • Fines for violations 20 SEW AG£ CON1 i\M\Mi\TEO Wi\iER OCEAN INA'T ER t,V,'i CAUSE ILLNESS Reserve Targets for FY 2024 Reserve Type Water Wastewater Operating Reserves: Deals with cash flow 3 months of O&M ~$12.5M 4 months of O&M ~$3.5M Capital Reserves: Assists with timing and awarding contracts 150% of Average 5-year CIP ~$12.2M Average of 5-year CIP ~$2.7 Million Emergency Reserve: Asset Failure Cost to replace one groundwater well + incremental cost of buying imported water ~$10.7M Cost to replace one lift station ~$4.5 Million 21 Water Discussion 22 Current Water Rate Components •Commodity Rate - pass-through cost of purchasing water from Metropolitan Water District and Orange County Water District •Fixed Meter Charge - funds the operations and maintenance of the water system •Capital Charge - funds the capital improvements needed to the system as defined within the Water Master Plan •Private Fire Line Fee – for costs directly related to fire protection 23 Future Water CIP Expenditure 24 II) C: 0 $12 ~ $10 $8 $6 $4 $2 $0 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 ■ Production ■ Replacement ■ Study Security ■ Corrosion Status Quo: Ending Water Fund Balance -$30 -$20 -$10 $0 $10 $20 $30 $40 $50 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 Mi l l i o n s Ending Balance Reserve Target 25 I Proposed Water Cash Flow Analysis 26 U) C: 0 $100 $80 $61 $61 $40 $20 $0 F ($20) Operating Expense $63 -FY2026 Capita I Paygo $67 FY 2027 FY 2028 -Reserve Funding -Revenue Current -Revenue Adjusted FY 2029 Proposed: Water Ending Balance 27 II) $45 C 0 $40 ·-:E $35 $30 $25 $20 $15 $10 $5 $0 FY 2024 FY2025 FY 2026 FY 2027 FY 2028 FY 2029 -Ending Balance -Reserve Target Water Rate Comparison Fixed O&M Charge (meter) – Per Month Meter Size Current Rates Proposed Rates Difference $ 3/4"$18.23 $19.31 $1.08 1"$30.45 $32.17 $1.72 1 1/2"$60.71 $64.34 $3.63 2"$97.18 $102.94 $5.76 3"$212.77 $225.19 $12.42 4"$303.93 $321.69 $17.76 4" Fire Meter $425.35 $450.37 $25.02 6"$607.67 $643.38 $35.71 6" Fire Meter $972.31 $1,029.40 $57.09 8"NA $1,029.40 NA 8" Fire Meter $1,701.59 $1,801.45 $99.86 10" Fire Meter $2,674.09 $2,830.85 $156.76 28 Water Rate Comparison Fixed Capital Charge – Per Month Meter Size Current Rates Proposed Rates Difference $ 3/4"$4.00 $4.26 $0.26 1"$6.67 $7.94 $1.27 1 1/2"$13.33 $15.88 $2.55 2"$21.33 $25.40 $4.07 3"$46.67 $55.57 $8.90 4"$66.67 $79.38 $12.71 4" Fire Meter $93.33 $111.13 $17.80 6"$133.33 $158.76 $25.43 6" Fire Meter $213.33 $254.01 $40.68 8"NA $254.01 NA 8" Fire Meter $373.33 $444.52 $71.19 10" Fire Meter $586.67 $698.54 $111.87 29 Water Rate Comparison Fire Service - Per Month Meter Size Current Proposed Difference $ 3/4"$3.65 $0.29 -$3.36 1"--$0.29 -- 1 1/2"--$0.82 -- 2"$10.04 $1.74 -$8.30 3"$14.90 $5.05 -$9.85 4"$20.08 $10.75 -$9.33 6"$30.11 $31.21 $1.10 8"$40.15 $66.51 $26.36 10"$49.88 $119.60 $69.72 12"$59.92 $193.19 $133.27 30 Water Rate Comparison Commodity per $/ccf Current Proposed Difference $ Commodity $2.4034 $2.6870 $0.2836 31 Water Rate Survey for Single Family (¾ in meter at 9 ccf) City of Huntington Beach (Current) City of Anaheim City of Orange City of Huntington Beach (Proposed) City of Westminster City of Garden Grove City of Seal Beach City of Fullerton City of Newport Beach City of Santa Ana FY 2024 $43.86 $45.72 $47.36 $48.25 $49.08 $51.26 $55.76 $60.12 $64.53 $68.24 $0.00 $10.00 $20.00 $30.00 $40.00 $50.00 $60.00 $70.00 $80.00 32 Wastewater Discussion 33 Current Sewer Rates 34 Customer Class SFR MFR CII K-8 High School Fixed Charges Monthly per Monthly per BU ADA $10.98 $0.00 $9.10 $0.00 $12.74 $0.00 $0.00 $2.26 $0.00 $3.51 Future Sewer CIP Expenditures 35 (/) $18 C .Q $16 ~ $14 $12 $10 $8 $6 $4 $2 $0 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 ■ Lift Stations ■ Collection System Proposed Sewer Cash Flow Analysis 36 $30 II) $26 C 0 $23 -$25 ~ $20 $15 $10 $5 $0 FY 2026 FY 2027 FY 2028 FY 2029 -$5 -$10 -$15 -$20 -Operating Expense -Capita l Paygo Debt Service -Reserves -Revenue Current -Revenue Adjusted Sewer Cost of Service Analysis Current Revenues Estimated Sewer Flow 37 High School 0.2% K-8 0.3% Proposed Sewer Ending Balance 38 $20 (/) C 0 :: $18 ~ $16 $14 $12 $10 $8 $6 $4 $2 $0 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 -End ing Balance -Reserve Ta rget Wastewater Rate Comparison Current Proposed Difference $ Single Family $10.98 $12.43 $1.45 Multi-family $9.10 $9.15 $0.04 Commercial $12.74 $23.05 $10.31 K-8 $2.26 $2.48 $0.22 High School $3.51 $3.72 $0.21 39 Sewer Rate Survey for Single Family 40 $40.00 $35 .00 $30 .00 $25.00 $20 .00 $15 .00 $10.00 $5 .00 $0.00 I I City of Anaheim City of Fullerton I City of Long Beach I City of City of Santa Newport Ana Beach $7.65 $10.79 City of City of Huntington Huntington City of Seal City of City of Beach Beach Beach Orange Westmisnter (Current) (Proposed) $10.98 $12.43 $24.02 $28.49 $34.30 Sample Residential Bill Impact Residential Monthly Water Bill (3/4” meter) (12 CCF = 6,552 gallons) Current Proposed Change Consumption $ 28.84 $ 32.24 $ 3.40 Meter $ 18.23 $ 19.31 $ 1.08 Capital Charge $ 4.00 $ 4.26 $ 0.26 Water Subtotal $ 51.07 $ 55.81 $ 4.74 Sewer Charge $ 10.98 $ 12.43 $ 1.45 TOTAL $ 62.05 $ 68.24 $ 6.19 41 5-Year Rate Schedule: Commodity, $/ccf 31 Current FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 Commodity $2.4034 $2.6870 $3.0551 $3.5494 $3.8852 $4.2024 42 5-Year Water Rate Schedule: Fixed O&M, $/mo 32 Current FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 3/4"$18.23 $19.31 $21.14 $22.94 $24.43 $25.53 1"$30.45 $32.17 $35.23 $38.22 $40.70 $42.53 1 1/2"$60.71 $64.34 $70.45 $76.44 $81.41 $85.07 2"$97.18 $102.94 $112.72 $122.30 $130.25 $136.11 3"$212.77 $225.19 $246.58 $267.54 $284.93 $297.75 4"$303.93 $321.69 $352.25 $382.19 $407.03 $425.35 4" Fire Meter $425.35 $450.37 $493.16 $535.08 $569.86 $595.50 6"$607.67 $643.38 $704.50 $764.38 $814.06 $850.69 6" Fire Meter $972.31 $1,029.40 $1,127.19 $1,223.00 $1,302.50 $1,361.11 8"$1,604.98 $1,029.40 $1,127.19 $1,223.00 $1,302.50 $1,361.11 8" Fire Meter $1,701.59 $1,801.45 $1,972.59 $2,140.26 $2,279.38 $2,381.95 10" Fire Meter $2,674.09 $2,830.85 $3,099.78 $3,363.26 $3,581.87 $3,743.05 43 5-Year Rate Schedule: Fixed Capital, $/mo 33 Current FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 3/4"$4.00 $4.76 $5.66 $6.74 $8.02 $9.54 1"$6.67 $7.94 $9.45 $11.25 $13.39 $15.93 1 1/2"$13.33 $15.88 $18.90 $22.49 $26.76 $31.84 2"$21.33 $25.40 $30.23 $35.97 $42.80 $50.93 3"$46.67 $55.57 $66.13 $78.69 $93.64 $111.43 4"$66.67 $79.38 $94.46 $112.41 $133.77 $159.19 4" Fire Meter $93.33 $111.13 $132.24 $157.37 $187.27 $222.85 6"$133.33 $158.76 $188.92 $224.81 $267.52 $318.35 6" Fire Meter $213.33 $254.01 $302.27 $359.70 $428.04 $509.37 8"$373.33 $254.01 $302.27 $359.70 $428.04 $509.37 8" Fire Meter $373.33 $444.52 $528.98 $629.49 $749.09 $891.42 10" Fire Meter $586.67 $698.54 $831.26 $989.20 $1,177.15 $1,400.81 44 5-Year Rate Schedule: Fire Service, $/mo 34 Current FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 3/4" $3.65 $0.29 $0.32 $0.35 $0.37 $0.39 1"NA $0.29 $0.32 $0.35 $0.37 $0.39 1 1/2" NA $0.82 $0.90 $0.98 $1.04 $1.09 2" $10.04 $1.74 $1.91 $2.07 $2.20 $2.30 3" $14.90 $5.05 $5.53 $6.00 $6.39 $6.68 4" $20.08 $10.75 $11.77 $12.77 $13.60 $14.21 6" $30.11 $31.21 $34.17 $37.07 $39.48 $41.26 8" $40.15 $66.51 $72.83 $79.02 $84.16 $87.95 10" $49.88 $119.60 $130.96 $142.09 $151.33 $158.14 12" $59.92 $193.19 $211.54 $229.52 $244.44 $255.44 45 5-Year Sewer Rate Schedule 35 Customer Class Current Rates FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 SFR $10.98 $12.43 $14.48 $16.87 $19.57 $22.70 MFR $9.10 $9.15 $10.66 $12.41 $14.40 $16.70 CII $12.74 $23.05 $26.85 $31.29 $36.29 $42.10 K-8 $2.26 $2.48 $2.89 $3.36 $3.90 $4.52 High School $3.51 $3.72 $4.33 $5.04 $5.85 $6.78 46 Next Steps 47 Prop 218 Rate Change Process •Mail notices to all property owners before or by end of February 2024 •Minimum 45 days advance public notification period •Requires a majority protest process for property-related fees for services such as water, sewer, and refuse collection •With 50% +1 written protests, proposed fees would not be implemented •5-Year Rate Resolution •Conduct a public hearing on April 16 •If approved, 2nd reading on May 7 •If adopted, rate effective on July 1 48 Questions? 49 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-027 MEETING DATE:1/16/2024 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Whittington (Sherrie) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2022-01282344. City of Huntington Beach Printed on 1/9/2024Page 1 of 1 powered by Legistar™50 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-028 MEETING DATE:1/16/2024 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Kennedy Commission, et al. v. City of Huntington Beach (Beach- Edinger Corridor); Case No.: 30-2015-00801675. City of Huntington Beach Printed on 1/9/2024Page 1 of 1 powered by Legistar™51 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-029 MEETING DATE:1/16/2024 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Eric Parra, Interim City Manager; also in attendance: Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney and Sunny Han, Chief Financial Officer. Employee Organization: The Huntington Beach Firefighters’ Association (HBFA). City of Huntington Beach Printed on 1/9/2024Page 1 of 1 powered by Legistar™52 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-015 MEETING DATE:1/16/2024 Huntington Beach Police Chaplain Bob Ewing City of Huntington Beach Printed on 1/9/2024Page 1 of 1 powered by Legistar™53 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-020 MEETING DATE:1/16/2024 Proposal for the 2024 Celebration Calendar Program in response to City Council’s December 19, 2023 H Item. Request input from City Council on the proposed calendar of themes and acknowledgments for 2024 and input on the proposed plan for future themes and acknowledgments. City of Huntington Beach Printed on 1/10/2024Page 1 of 1 powered by Legistar™54 2024 City Celebration Calendar Program Proposed 2024 Calendar & Approval Process January 16, 2024 55 City Council Item Summary On December 19, 2023, City Council approved the following: 1. Development of a City Celebration Calendar and 2024 Celebration Themes 2. Development of a 7-9 Resident Committee 3. Staff to Return Within 60 Days With Future Calendar Approval Process 56 Proposed 2024 City Celebration Calendar 57 City Calendar Criteria • City Council approved 2024 monthly celebration themes at the December 19, 2023 meeting. • City staff worked together to develop secondary acknowledgements based upon the following criteria: • Federal Holiday or National Law • Significant City Event or Milestone (i.e. Anniversary) • Public Health and Safety Message • City Appreciation (i.e. National Police Week) 58 January 2024 59 ACKNOWLEDGMENTS Home Fire Escape Plan Community and Library Services 75th Anniversary *Jubilee Event New Year 's Day National Law Enforcement Appreciation Day Martin Luther King Jr. Day International Holocaust Remembrance Day February 2024 60 ACKNOWLEDGMENTS Black History Heart Health National School Resource Officer Appreciation Huntington Beach Birthday Presidents' Day Anniversary of Officer Nicholas Vella Line of Duty Death March 2024 61 ACKNOWLEDGMENTS Women's History Read Across America Day City Hall 50th Anniversary * Jubilee Event April 2024 62 ACKNOWLEDGMENTS National Distracted Driving Earthquake Preparedness Autism Awareness Edison Park Community Center 50th •Jubilee Event Public Safety Telecommunicators Week National Volunteer Week Earth Day National Library Week National Arbor Day May 2024 63 ACKNOWLEDGMENTS Asian Pacific Islander Heritage Holocaust Remembrance/Jewish Heritage Bike Safety Motorcycle Safety Mental Health Older Americans Drowning Prevention Military Appreciation National Day of Prayer International Firefighters Day National Correctional Officers Week Public Service Recognition Week Mothers Day National Police Week Home Fire Sprinkler Week Click it or Ticket National Public Works Week Anniversary of K9 Kim Line of Duty Death Memorial Day June 2024 64 ACKNOWLEDGMENTS National Safety National Great Outdoors Alzheimer's Awareness CPR and AED Awareness Week Flag Day Central Park 50th Anniversary *Jubilee Event Water Safety Week Father 's Day June teen th PTSD Awareness Day July 2024 65 ACKNOWLEDGMENTS Parks Make Life Better Independence Day National Hire a Veteran Day August 2024 66 ACKNOWLEDGMENTS National Night Out (NNO) Book Lovers Day Senior Citizens Day September 2024 67 ACKNOWLEDGMENTS Hispanic Heritage Disaster Preparedness Suicide Prevention Senior Center Pedestrian Safety National Library Card Signup Labor Day Patriot Day National Forensic Science Week Child Passenger Safety Week Coastal Cleanup Day National Crime & Intelligence Analyst Day October 2024 68 ACKNOWLEDGMENTS Hispanic Heritage National Disability Employment Awareness Breast Cancer Awareness National Book Domestic Violence Awareness National Walk and Roll to Schoo/ Day Fire Prevention Anniversary of Officer Darst Line of Duty Death Columbus Day National Teen Driver Safety Week Red Ribbon Week National First Responders Day November 2024 69 ACKNOWLEDGMENTS National Pancreatic Cancer Awareness National Prostate Cancer Awareness Native American Heritage Law Enforcement Records and Support Day Veterans Day Thanksgiving Small Business Saturday December 2024 70 ACKNOWLEDGMENTS Anniversary of Officer Prince Line of Duty Death Pearl Harbor Remembrance Day National Drive Sober or Get Pulled Over Christmas Day Proposed Future Approval Process Tracking of Potential Future Calendar Additions Provide Recommendations to City Council Liaisons Approve Calendar Additions Office of Communications Calendar Committee City Council Liaisons 71 Questions? 72 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-042 MEETING DATE:1/16/2024 Update on the status, post-judgment, of the City’s lawsuit in State Court -City of Huntington Beach v. State Department of Finance involving Redevelopment Reimbursements City of Huntington Beach Printed on 1/10/2024Page 1 of 1 powered by Legistar™73 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-043 MEETING DATE:1/16/2024 Update on the status involving the City’s Appeal to the Ninth Circuit Court of Appeals -City of Huntington Beach v. State of California involving the City’s challenge to the State RHNA mandates City of Huntington Beach Printed on 1/10/2024Page 1 of 1 powered by Legistar™74 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-010 MEETING DATE:1/16/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes dated December 19, 2023, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes of December 19, 2023. Alternative Action(s): Do not approve and/or request revision(s). Analysis: None Environmental Status: Non-Applicable Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. CC/PFA regular meeting minutes of December 19, 2023 City of Huntington Beach Printed on 1/10/2024Page 1 of 1 powered by Legistar™75 Minutes City Council/Public Financing Authority Regular Meeting and Special Meetings of the Housing Authority, Parking Authority and Successor Agency City of Huntington Beach Tuesday, December 19, 2023 5:00 PM — Council Chambers 6:00 PM — Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 6:00 PM portion of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 5:00 PM — COUNCIL CHAMBERS CALLED TO ORDER — 5:01 PM ROLL CALL Present: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick Absent: None CITY COUNCIL MEMBER COMMENTS (3-Minute Time Limit) — None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS FOR CLOSED SESSION ITEMS (Received After Agenda Distribution) — None PUBLIC COMMENTS FOR CLOSED SESSION ITEMS — None A motion was made by Strickland, second by Burns to recess to Closed Session. RECESSED TO CLOSED SESSION — 5:03 PM CLOSED SESSION 1. 23-1032 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Eric Parra, Interim City Manager and Melanie Chaney, 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; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization: The Huntington Beach Firefighters' Association (HBFA). 2. 23-1033 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Gov. Code section 54956.9(d)(2).): Number of matters: One (1). 76 Council/PFA Regular Meeting Housing Authority, Parking Authority and Successor Agency Special Meeting Minutes December 19, 2023, Page 2 of 16 3. 23-1062 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Page (John & Shaya) v. City of Huntington Beach and Eric Scott Cunningham; OCSC Case No.: 30-2022-01280954. 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING AND CALLED TO ORDER SPECIAL MEETINGS OF THE HOUSING AUTHORITY, PARKING AUTHORITY, AND SUCCESSOR AGENCY — 6:00 PM ROLL CALL Present: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick Absent: None PLEDGE OF ALLEGIANCE — Led by Interim City Manager Eric Parra 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. 23-985 Huntington Beach Police and Fire Chaplain Roger Wing CLOSED SESSION REPORT BY CITY ATTORNEY — None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Council Committee Appointment Announcements: Item #5 — One (1) Staff Memorandum Consent Calendar: Item #9 — One (1) email communication; Item #11 — One (1) communication; Item #20 — One (1) Staff Memorandum and one (1) email communication Councilmember Items: Item #25 — Twelve (12) email communications PUBLIC COMMENTS (3-Minute Time Limit) — 44 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. Andrew Einhorn, Huntington Beach resident, was called to speak and shared his opinions on the recent request by Councilmember Moser for a staff review on the feasibility and requirements for Huntington Beach to become a Certified Autism Destination and urged a "No" vote on the March 5, 2024, proposed Charter amendments. (00:06:54) Jonathan Bonwit, Brightwater Development resident since 2009, was called to speak and stated his opposition to Public Hearing Item #21 regarding the Bolsa Chica Senior Living Community Project. (00:09:46) Kathie Schey, City Archivist and member of the Historic Resources Board (HRB) for the past 15 years, was called to speak and shared her concerns regarding Councilmember Item #25 to establish a monthly program for honoring the historic heritage of the United States, State of California, and City of Huntington 77 Council/PFA Regular Meeting Housing Authority, Parking Authority and Successor Agency Special Meeting Minutes December 19, 2023, Page 3 of 16 Beach, and announced her decision to resign from the HRB and her seven-year term as a member of the Design Review Board (serving as Chair for three years). (00:12:04) Pat Goodman was called to speak and shared her opinions related to the purported affiliations of Mayor Van Der Mark and the Council majority to extremist anti-tax, anti-immigration, and conspiracy theory militia organizations which she believes makes them unfit to serve Huntington Beach and urged a "No" vote on the March 5, 2024, proposed Charter amendments. (00:14:18) Don Kennedy, City Council Candidate in 2024, Planning Commissioner and resident since 1962, was called to speak and stated his opposition to Public Hearing Item #21 regarding the Bolsa Chica Senior Living Community Project. (00:17:07) Luanne Nichols Shoup, a fourth generation Huntington Beach property owner, was called to speak and stated her opposition to Public Hearing Item #21 regarding the Bolsa Chica Senior Living Community Project. (00:20:19) Jeanne Paris, 28-year Huntington Beach resident, was called to speak, congratulated Mayor Van Der Mark and Mayor Pro Tem Burns, stated her opposition to Public Hearing Item #21 regarding the Bolsa Chica Senior Living Community Project, and stated support for Councilmember Item #25 to consider establishing a monthly program to honor the historic heritage of the United States, State of California, and City of Huntington Beach. (00:21:07) Ann Palmer, a 30+-year Huntington Beach resident, was called to speak and stated opposition to Public Hearing Item #21 regarding the Bolsa Chica Senior Living Community Project and stated support for Councilmember Item #25 to consider establishing a monthly program to honor the historic heritage of the United States, State of California, and City of Huntington Beach. (00:23:28) Unnamed Guest was called to speak and urged a "No" vote on the March 5, 2024, proposed Charter amendments. (00:26:40) Michael Craigs, a seven-year Huntington Beach resident, was called to speak and urged a "No" vote on the March 5, 2024, proposed Charter amendments. (00:29:15) Barbara Shapiro was called to speak and urged a "No" vote on the March 5, 2024, proposed Charter amendments. (00:32:25) Shammy D. was called to speak and urged a "No" vote on the March 5, 2024, proposed Charter amendments. (00:35:29) Connie Boardman, Former Mayor and Councilmember for eight years, was called to speak and urged a "No" vote on the March 5, 2024, proposed Charter amendments and shared her concerns regarding Councilmember Item #25 to consider establishing a monthly program to honor the historic heritage of the United States, State of California and City of Huntington Beach. (00:38:49) Ken Inouye, a 51-year Huntington Beach resident, was called to speak and shared his opinions regarding the City's financial condition and reiterated his suggestion that a Financial Analyst Team be created to help Councilmembers make decisions that have a financial impact, and asked Councilmembers to revisit the recent request for a staff review on the feasibility and requirements for Huntington Beach to become a Certified Autism Destination. (00:41:18) 78 Council/PFA Regular Meeting Housing Authority, Parking Authority and Successor Agency Special Meeting Minutes December 19, 2023, Page 4 of 16 Mark Tonkovich, Huntington Beach resident, was called to speak, congratulated Mayor Van Der Mark and Mayor Pro Tem Burns, stated opposition to Public Hearing Item #21 regarding the Bolsa Chica Senior Living Community Project, and stated support for Councilmember Item #25 to consider establishing a monthly program to honor the historic heritage of the United States, State of California, and City of Huntington Beach. (00:44:09) Michael Shoup was called to speak, thanked the Councilmembers for serving and making important changes this past year and stated opposition to Public Hearing Item #21 regarding the Bolsa Chica Senior Living Community Project. (00:46:40) Deb Janus, 44-year resident of Huntington Beach, was called to speak and stated opposition to Public Hearing Item #21 regarding the Bolsa Chica Senior Living Community Project. (00:48:15) Synde, Huntington Beach resident, was called to speak and stated opposition to Councilmember Item #25 to consider establishing a monthly program to honor the historic heritage of the United States, State of California and City of Huntington Beach. (00:49:42) Eric R. Massey was called to speak and asked that Councilmembers tell Connecticut officials to return home and leave him alone. (00:53:42) Tim Geddes was called to speak and asked the Mayor to provide the standards used to determine Public Speaker time limits, urged a "No" vote on the March 5, 2024, proposed Charter amendments and stated opposition to Public Hearing Item #21 regarding the Bolsa Chica Senior Living Community Project. (00:56:58) Charlie Jackson, 22-year Huntington Beach resident, was called to speak and stated support for remaining with the Orange County Power Authority (OCPA). (00:59:53) Brian Thienes, Appellant for Public Hearing Item #21, was called to speak and stated opposition to the Bolsa Chica Senior Living Community Project. (01:01:22) Neal was called to speak and stated his opposition to Councilmember Item #25 to consider establishing a monthly program to honor the historic heritage of the United States, State of California and City of Huntington Beach and support for Public Hearing Item #21 regarding the Bolsa Chica Senior Living Community Project. (01:04:32) David Rynerson was called to speak and stated support for remaining with the Orange County Power Authority (OCPA). (01:07:11) Joette was called to speak and shared her opinions on the economy of California, evaluating library books to determine suitability for children, the need to return to paper ballots with neighborhood polling locations, and implementing Voter Identification requirements. (01:09:38) Unnamed Speaker was called to speak and urged a "No" vote on the March 5, 2024, proposed Charter amendments and stated opposition to Councilmember Item #25 to consider establishing a monthly program to honor the historical heritage of the United States, State of California, and City of Huntington Beach. (01:12:49) Amory Hanson, Councilmember Candidate for 2024, was called to speak and stated his support for always allowing a full three minutes for Public Speakers. (01:14:57) 79 Council/PFA Regular Meeting Housing Authority, Parking Authority and Successor Agency Special Meeting Minutes December 19, 2023, Page 5 of 16 Daniel Lak, Huntington Beach resident since 2015, was called to speak and shared his opinions regarding potential ramifications for appointing Police Chief Parra as Interim City Manager. (01:16:35) Philip Rizzo accompanied by his son AJ, resident of Rhone Lane since 2004, was called to speak. Mr. Rizzo shared contents of a letter received from the Orange County Sanitation District (OC Sands) demanding access to approximately 30 feet of their back yard, and asked Mayor Pro Tem Burns, as an OC Sands voting Board member, to help find a better solution than what OC Sands is demanding. (01:19:48) Scott Monastra, a Rhone Lane resident since 1993, was called to speak and shared contents of a letter received from the Orange County Sanitation District (OC Sands) claiming his property is encroaching on the utility’s easement behind his home, and noted he received a Huntington Beach permit and project approval for his pool in 1999. He asked that Mayor Van Der Mark and Mayor Pro Tem Burns get involved and support the residents dealing with OC Sands demands. (01:23:07) Tony Shahidi, owner of property on Rhone Lane since 2000, was called to speak and shared he received a letter from the Orange County Sanitation District (OC Sands) claiming his property is encroaching on the utility’s easement behind his home and asked that Mayor Pro Tem Burns get involved and support the residents dealing with OC Sands demands. (01:26:44) Clark Stephens, Rhone Lane resident since 1986, was called to speak and stated he received a letter from the Orange County Sanitation District (OC Sands) claiming his property is encroaching on the utility’s easement behind his home, and OC Sands intends to build a wall cutting him off from access to the back 30 feet of his property. Mr. Stephens asked that Mayor Pro Tem Burns get involved and support the residents dealing with OC Sands demands. (01:30:02) Mayor Pro Tem Burns asked that any Rhone Lane residents in attendance who received the OC Sands letter to complete a blue card for follow-up communication. (01:31:35) Derek Uerling, 30-year resident on Rhone Lane, was called to speak and shared his experience with the OC Sanitation District and meeting their request in the 1990s to move his fence back by a foot when he replaced the original fence. (01:32:00) James Peters, Californians for Liberty, was called to speak and shared his opinions related to voting in Orange County and his belief that his vote has been stolen for the last 20 years. (01:34:03) Cheryle Browning was called to speak and directed her comments to Councilmembers Moser and Kalmick regarding how they deviated from normal procedures by appointing Ms. Bolton, a community newcomer, to fill a Council vacancy rather than accepting Ms. Van Der Mark, the Council Candidate who should have been selected based on number of votes received at the previous election. (01:36:54) Urson Russell, a local resident, was called to speak and stated his support for local elections using paper ballots which stay in the local voting district while being counted. (01:40:02) Tom Lawless, Legal Representative for the Developer of the Bolsa Chica Senior Living Community Project, was called to speak, described project changes made in response to community feedback, and officially requested a continuance for the scheduled Public Hearing to allow for additional project modifications, with the understanding that anyone signed up to speak during the Public Hearing have an opportunity to speak during this Open Session. (01:42:46) 80 Council/PFA Regular Meeting Housing Authority, Parking Authority and Successor Agency Special Meeting Minutes December 19, 2023, Page 6 of 16 Joy Bertoli was called to speak and stated her support for Public Hearing Item #21 regarding the Bolsa Chica Senior Living Community Project. (01:45:48) Kanan Durham was called to speak and directed his concerns and suggestions to Councilmember Item #25 to consider establishing a monthly program to honor the historical heritage of the United States, State of California and City of Huntington Beach. (01:46:56) Perry Clitheroe was called to speak and stated his support for Public Hearing Item #21 regarding the Bolsa Chica Senior Living Community Project. (01:50:04) Brian Genovese, Huntington Beach resident and realtor who signed up to speak during Public Hearing Item #21, was called to speak and stated his support for the Bolsa Chica Senior Living Community Project. (01:52:24) Tom Dillman, Huntington Beach homeowner, was called to speak and stated his opposition to Public Hearing Item #21 regarding the Bolsa Chica Senior Living Community Project. (01:54:14) Christopher Lawrence Greaves, 20-year Huntington Beach resident, was called to speak and stated his support for Public Hearing Item #21 regarding the Bolsa Chica Senior Living Community Project. (01:56:41) Ellen Riley was called to speak and shared her opinion that local government officials should be focused on preventing theft that is occurring from local retail businesses. (01:57:24) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS — None 5. 23-1038 Approved Mayor Van Der Mark’s 2024 Council Liaison List Mayor Van Der Mark introduced her 2024 Council Liaison List. A motion was made by Van Der Mark, second Strickland to as recommended by the City Council, Public Financing Authority, Housing Authority, Parking Authority, and Successor Agency: approve the 2024 Council Liaison List that includes appointments to citizen boards, commissions, committees, and task forces as presented by Mayor Van Der Mark, as amended by supplemental communication. The City Clerk certifies that FPPC Form 806 "Agency Report of Public Official Appointments" which is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards or commissions of a public agency, special district and joint powers agency or authority was posted to the City's website according to law prior to this vote. Councilmember Kalmick referred to process documented in the Council Manual that has historically been followed to support shared Council representation on various citizen boards, commissions, and committees. He objected to being excluded from appointment to any board, commission, committee in 2024, and stated support for consistency and continuity. Councilmember Moser spoke in favor of continuity and shared her opinion on the benefits of expanded representation. A substitute motion was made by Kalmick, second Bolton, to revise the recommendation to appoint Councilmember Kalmick as primary liaison, and Councilmember Moser as alternate, to the Orange County Sanitation District. 81 Council/PFA Regular Meeting Housing Authority, Parking Authority and Successor Agency Special Meeting Minutes December 19, 2023, Page 7 of 16 The substitute motion failed by the following roll call vote: AYES: Moser, Bolton, and Kalmick NOES: Burns, Van Der Mark, Strickland, and McKeon The original motion by Van Der Mark, seconded by Strickland, to as recommended by the City Council, Public Financing Authority, Housing Authority, Parking Authority, and Successor Agency: approve the 2024 Council Liaison List that includes appointments to citizen boards, commissions, committees, and task forces as presented by Mayor Van Der Mark, as amended by supplemental communication. The City Clerk certifies that FPPC Form 806 "Agency Report of Public Official Appointments" which is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards or commissions of a public agency, special district and joint powers agency or authority was posted to the City's website according to law prior to this vote, carried by the following roll call vote: AYES: Burns, Van Der Mark, Strickland, and McKeon NOES: Moser, Bolton, and Kalmick AB 1234 REPORTING — None OPENNESS IN NEGOTIATION DISCLOSURES — None CITY MANAGER’S REPORT — None CONSENT CALENDAR – Items 6-20 Councilmember Bolton pulled Item #7 and Councilmember McKeon pulled Item #20 for further discussion. City Clerk 6. 23-1037 Approved and Adopted Minutes A motion was made by Strickland, second Kalmick to approve and adopt the City Council/Public Financing Authority regular meeting minutes of November 21, 2023; and approve and adopt the City Council/Public Financing Authority regular meeting minutes of December 5, 2023. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 7. 23-1036 Received and filed November Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies Councilmember Bolton pulled this item to share her concern the attached report only contains website links for each regional agency but does not contain any description of decisions or activities with insight and context. She also noted that three of the Councilmembers are currently not allowed to represent their constituents with any of these various agencies. 82 Council/PFA Regular Meeting Housing Authority, Parking Authority and Successor Agency Special Meeting Minutes December 19, 2023, Page 8 of 16 Councilmember Strickland responded that some of the meetings in this report are public meetings and those agencies post their agenda and minutes for public access therefore it is not necessary to repeat that information in this report. A motion was made by Bolton, second Strickland to receive and file the November Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 8. 23-1035 Received and filed the Maddy Act Local Appointments List - 2024 (terms on City boards, commissions, and committees that expire in 2024) informing the public of openings and vacancies based on 2024 expiration of current members’ terms A motion was made by Strickland, second Kalmick to receive and file the Maddy Act Local Appointments List - 2024 showing vacancies that will occur on City boards, commissions, and committees in the year 2024, and direct the City Clerk to post the list at official posting locations (Civic Center, Huntington Central Library, and Main Street Library). Copies of the Maddy Act Local Appointments List - 2024 will also be posted at all branch libraries and on the City's website. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None City Manager 9. 23-717 Approved and accepted the Fiscal Year (FY) 2023-24 State Earmark Funding of $1,100,000 via the California Department of Housing and Community Development; authorized the City Manager and Chief Financial Officer to execute documents; and appropriated the funds into the FY 2023/24 Operating Budget A motion was made by Strickland, second Kalmick to approve and accept the FY 2023-24 State Funding of $1,100,000 via the California Department of Housing and Community Development awarded to the City of Huntington Beach; and, authorize the City Manager and Chief Financial Officer as the officials to execute any award-related documents to receive the funding; and, appropriate the funds totaling $1,100,000 in the FY 2023/24 City Manager's Office, Homeless and Behavioral Health Division operating budget (Business Unit 128130103.69365). The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None City Treasurer 10. 23-1023 Adopted Resolution No. 2023-59 approving the 2024 Investment Policy 83 Council/PFA Regular Meeting Housing Authority, Parking Authority and Successor Agency Special Meeting Minutes December 19, 2023, Page 9 of 16 A motion was made by Strickland, second Kalmick to adopt Resolution 2023-59, "A Resolution of the City Council of the City of Huntington Beach Approving the Statement of Investment Policy 2024." The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None Community and Library Services 11. 23-1051 Authorized the appropriation of $160,500 from the AES Fund 1284 fund balance for the design and installation of a new backstop and fencing for the City’s north softball field at Edison Park A motion was made by Strickland, second Kalmick to authorize the appropriation of $160,500 from the AES contingency fund balance 1284 to Account 128485005.82800 to complete the necessary softball field backstop and fencing improvements at Edison Park. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None Community Development 12. 23-1031 Approved Local Coastal Program Amendment (LCPA) No. 23-002 by adopting City Council Resolution No. 2023-61 and request its certification by the California Coastal Commission A motion was made by Strickland, second Kalmick to approve Local Coastal Program Amendment No. 23-002 by adopting Resolution No. 2023-61, "A Resolution of the City Council of the City of Huntington Beach Adopting Local Coastal Program Amendment No. 23-002 and Requesting Its Certification by the California Coastal Commission," (Attachment No. 1). The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None Finance 13. 23-1044 Adopted Successor Agency Resolution Nos. 2023-04 and 2023-05 approving the Recognized Obligation Payment Schedule (ROPS) and Administrative Budget for the Huntington Beach Successor Agency for the period of July 1, 2024, through June 30, 2025, in accordance with Health and Safety Code Section 34177 and related actions A motion was made by Strickland, second Kalmick to adopt Resolution No. 2023-04, "A Resolution of the Successor Agency to the Redevelopment Agency of the City of Huntington Beach Approving the Successor Agency Administrative Budget for the Period July 1, 2024, through June 30, 2025;" and, adopt Resolution No. 2023-05, "A Resolution of the Successor Agency to the Redevelopment Agency of the 84 Council/PFA Regular Meeting Housing Authority, Parking Authority and Successor Agency Special Meeting Minutes December 19, 2023, Page 10 of 16 City of Huntington Beach Approving the Recognized Obligation Payment Schedule for the Period July 1, 2024 - June 30, 2025 ('ROPS 24-25')." The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 14. 23-1058 Accepted and approved the Development Impact Fee (DIF) Report for Fiscal Year 2022-23 and to make findings as required by Government Code Sections 66006 and 66001 A motion was made by Strickland, second Kalmick to adopt Resolution No. 2023-62, "A Resolution of the City Council of the City of Huntington Beach to Accept and Approve the Development Impact Fee Report for Fiscal Year Ending June 30, 2023, and to make the Findings as required by Government Code Sections 66006(b) and 66001(d)." The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None Fire 15. 23-1049 Adopted Resolution No. 2023-63 approving the application for Whale Tail Grant Funds from the California Coastal Commission A motion was made by Strickland, second Kalmick to adopt Resolution No. 2023-63, "A Resolution of the City Council of the City of Huntington Beach Approving the Application(s) for Whale Tail Grant Funds from California Coastal Commission." The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None Human Resources 16. 23-1045 Adopted Resolution No. 2023-65 Amending the Memorandum of Understanding Between the City of Huntington Beach and the Huntington Beach Police Management Association by Adopting a Side Letter of Agreement A motion was made by Strickland, second Kalmick to adopt Resolution No. 2023-65, "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Management Association by Adopting a Side Letter of Agreement." The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 85 Council/PFA Regular Meeting Housing Authority, Parking Authority and Successor Agency Special Meeting Minutes December 19, 2023, Page 11 of 16 17. 23-1041 Adopted Resolution No. 2023-64 modifying the pay schedule for part-time, non- permanent and non-classified employees to comport with the State minimum wage increase effective January 1, 2024 A motion was made by Strickland, second Kalmick to adopt Resolution No. 2023-64, "A Resolution of the City Council of the City of Huntington Beach Approving the Pay Schedule for Part-Time Non-Permanent and Non-Classified Employees Effective January 1, 2024," and authorize the City Manager or designee to take all administrative and budgetary actions necessary to implement the revised pay schedule. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None Public Works 18. 23-1054 Accepted bid and authorized execution of a construction contract with PALP Inc. DBA Excel Paving Company in the amount of $4,398,952.10 for the Oak View Streetscape Improvement Project, CC-1689; and authorized 15% in contingency funds A motion was made by Strickland, second Kalmick to accept the lowest responsive and responsible bid submitted by PALP Inc. DBA Excel Paving Company in the amount of $4,398,952.10 (Base Bid + Alternate Bid Items (Schedule B)); and authorize the Director of Public Works to approve up to a 15% contingency in potential construction change orders; and authorize the Mayor and City Clerk to execute a construction contract with PALP Inc. DBA Excel Paving Company in a form approved by the City Attorney. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 19. 23-1060 Approved and accepted the public improvements, released the securities for, and accepted a Guarantee and Warranty Bond for the Huntington Gateway Phase II Industrial Project A motion was made by Strickland, second Kalmick to accept the improvements constructed and dedicated for public use with the Huntington Gateway Phase II Industrial Project, and instruct the City Clerk to record the Notice of Acceptance of Public Improvements (Attachment 2) with the Orange County Recorder; and, accept Guarantee and Warranty Bond No. 800043002 (Attachment 3); the security furnished for guarantee and warranty of public improvements; and instruct the City Clerk to file the bond with the City Treasurer; and, instruct the City Clerk to notify the developer, Huntington Gateway Industrial II, LLC, of this action, and the City Treasurer to notify the Surety, Atlantic Specialty Insurance Company, of this action. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 86 Council/PFA Regular Meeting Housing Authority, Parking Authority and Successor Agency Special Meeting Minutes December 19, 2023, Page 12 of 16 20. 23-1059 Approved amended two-year service agreement for downtown shuttle service provider Circuit Transit, Inc. for a not to exceed amount of $1,535,426 Councilmember McKeon pulled this item to clarify with Assistant City Manager Travis Hopkins that the contract cost increase is due to expanded area and increased level of service. There was also discussion on the contract option to reduce the amount if any grant funds are not available. Councilmember Strickland confirmed that State funds have been approved and it is a matter of timing and some of the funds received will be used as matching funds. Councilmember Kalmick thanked staff and the City Attorney's office for negotiating an expanded service area as well as increased level of service, and thanked State Senator Min for coming up with $350,000 for this service contract. Assistant City Manager Hopkins thanked Public Works Director Chau Vu and her staff for their heavy lifting on this project. A motion was made by Strickland, second McKeon to approve the two-year service contract with Circuit Transit, Inc. with a not-to-exceed amount of $1,535,426; and approve a budget appropriation in the amount of $806,240 for the OCTA Project V grant funds into account 126390001.69505; and grant the City Manager the authority to execute the cooperative agreement between the City of Huntington Beach and Orange County Transit Authority; and approve a budget appropriation in the amount of $100,000 from the In-Lieu Parking fund to 30885101.69505, as amended by Supplemental Communication (clarifications to the annual contract adjustments; addition of a severability clause). The motion as amended carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None PUBLIC HEARING 21. 23-994 PUBLIC HEARING NOT HELD - CONTINUED TO A DATE UNCERTAIN the Bolsa Chica Senior Living Community Project — Adoption of Resolution No. 2023-51 approving General Plan Amendment No. 21-004; introduction of Ordinance No. 4305 approving Zoning Map Amendment No. 21-003; adoption of Resolution No. 2023-53 approving Zoning Text Amendment No. 22-005; adoption of Resolution No. 2023-52 certifying Environmental Impact Report (EIR) No. 21-004; and, consider appeals by Council Member Burns and Brian Thienes of the Planning Commission’s approval of Conditional Use Permit No. 21-024 Councilmembers Bolton, Kalmick, Strickland, Moser and Mayor Van Der Mark disclosed ex parte communications with both the Applicant and the Appellant for this item. Mayor Pro Tem Burns and Councilmember McKeon disclosed ex parte communications with the Applicant. Hayden Beckman, Senior Planner, noted the Applicant's request made during Public Comments for a continuance of this item to a date uncertain and asked for Council direction on whether to proceed with this Public Hearing. 87 Council/PFA Regular Meeting Housing Authority, Parking Authority and Successor Agency Special Meeting Minutes December 19, 2023, Page 13 of 16 City Attorney Michael Gates described the normal procedure, if Councilmembers chose to proceed with the Public Hearing, and stated this is the time to decide whether to approve the Applicant's continuance request. Jennifer Villasenor, Community Development Director, clarified the options for Councilmembers are 1) approve continuance of the Public Hearing to a date uncertain, which would require a re-notice of the Public Hearing, including an updated staff presentation with the new Developer modifications, and include Public Comments so there is opportunity for the public to address the modifications, followed by Council action; or 2) open the current Public Hearing, and then close it because of anticipated modifications. Mayor Pro Tem Burns confirmed with Director Villasenor that the existing appeals are not null and void because of anticipated modifications but would continue as part of the item package. Director Villasenor explained at the present time it is unknown if the modifications will be minor or will require being returned to the Planning Commission. A motion was made by McKeon, second Strickland to continue to a date uncertain per Applicant's request, with no consideration of any of actions or alternative actions. Applicant's Request (Proposed Project) A) Certify Final Environmental Impact Report No. 21-004 (Attachment No. 16) as adequate and complete in accordance with California Environmental Quality Act (CEQA) requirements by approving City Council Resolution No. 2023-52, "A Resolution of the City Council the City of Huntington Beach Adopting Environmental Impact Report No. 21-004 for the Bolsa Chica Senior Living Community Project" (Attachment No. 2); and approve General Plan Amendment No. 21-004 and City Council Resolution No. 2023-51, "A Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No. 21-004" (Attachment No. 3); and approve Zoning Map Amendment No. 21-003 and approve for introduction City Council Ordinance No. 4305, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance to Rezone the Real Property Generally Located on the Southwest Corner of Warner Avenue at Bolsa Chica Street from CG (Commercial General) to SP-19 (Bolsa Chica Senior Living Community Specific Plan)" (Attachment No. 4); and approve Zoning Text Amendment No. 22-005 and City Council Resolution No. 2023-53, "A Resolution of the City Council of the City of Huntington Beach Adopting Zoning Text Amendment No. 22- 005 by Creating the Bolsa Chica Senior Living Community Specific Plan (SP-19) to Apply to Real Property at the Southwest Corner of Warner Avenue at Bolsa Chica Street" (Attachment No. 5); and deny two appeals and uphold the Planning Commission's approval of Conditional Use Permit No. 21-024 with findings and conditions of approval (Attachment No. 1). The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None ADMINISTRATIVE ITEMS 22. 23-1047 Approved Introduction of the Proposed Memorandum of Understanding Between the Huntington Beach Firefighter’s Association (HBFA) and the City of Huntington Beach for January 1, 2024, through December 31, 2026 Assistant City Manager Travis Hopkins presented a PowerPoint communication, for Items #22 and #23, titled Introduction of Proposed Memorandum of Understanding with the Huntington Beach Fire 88 Council/PFA Regular Meeting Housing Authority, Parking Authority and Successor Agency Special Meeting Minutes December 19, 2023, Page 14 of 16 Association (HBFA) with slides entitled Overview; Proposed Memorandum of Understanding (2); Fiscal Impact; and City Council Options. A motion was made by Strickland, second Van Der Mark to approve introduction of the proposed Memorandum of Understanding Between the Huntington Beach Firefighter's Association and the City of Huntington Beach for the period January 1, 2024, and December 31, 2026. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 23. 23-1048 Approved Introduction of the Proposed Memorandum of Understanding Between the Huntington Beach Fire Management Association (FMA) and the City of Huntington Beach for January 1, 2024, through December 31, 2026 Assistant City Manager Travis Hopkins presented a PowerPoint communication titled Introduction of Proposed Memorandum of Understanding with the Fire Management Association (FMA); with a slide entitled Overview. A motion was made by Strickland, second Van Der Mark to approve introduction of the proposed Memorandum of Understanding Between the Huntington Beach Fire Management Association and the City of Huntington Beach for the period January 1, 2024, and December 31, 2026. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None ORDINANCES FOR INTRODUCTION 24. 23-999 Approved for introduction Ordinance No. 4303 and authorized requested changes to Huntington Beach Municipal Code Chapter 10.44.062 Relating to Parking - Time Limits Police Captain Oscar Garcia briefly described the proposed changes. A motion was made by Kalmick, second Strickland to, after City Clerk reads by title, approve the introduction of Ordinance No. 4303, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits" to address special permits regarding parking time limits for recreational vehicles. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None COUNCIL MEMBER ITEMS 25. 23-1063 Approved as amended Item Submitted by Mayor Van Der Mark, Mayor Pro Tem Burns, and Council Member McKeon — Consider Establishing a Monthly Program 89 Council/PFA Regular Meeting Housing Authority, Parking Authority and Successor Agency Special Meeting Minutes December 19, 2023, Page 15 of 16 to Honor the Historic Heritage of the United States, State of California, and City of Huntington Beach Councilmember McKeon introduced this item by describing his personal awareness of the rich history of Huntington Beach that grew only after he was elected to City Council. He noted that currently the City's efforts to acknowledge important historical events appears to be fragmented and disorganized between different departments, and the intent of this item is to ensure all departments are working together to maximize the use of staff time and resources. He described the effort as a collaboration including staff, residents, and the Historic Resources Board (HRB). Councilmember McKeon added he was the Councilmember that HRB member Kathie Schey referenced in her Public Comments, and he was dismayed to hear her interpretation of their conversation. During their conversation he intended to convey to Ms. Schey that many residents are not aware of the incredible efforts of the HRB. Councilmember McKeon stated he anticipates that the proposed monthly program will continue to include the topics of public safety and health such as pedestrian safety, distracted driver awareness, breast cancer and autism awareness. He briefly described many topics that could be included in various months throughout the year. Councilmember McKeon amended the item and requested that the proposed topics for February (Civil War Days) and August (Library Day) be switched; noted this item will not affect existing day and week events and added that staff should return with a procedure for determining approval of day and week events. Mayor Van Der Mark made a friendly amendment to include a Holocaust remembrance in January, and Councilmember Strickland added Juneteenth. Councilmembers Kalmick and McKeon discussed some generalities and details for implementing this item. Councilmember Kalmick expressed his support for having high-level content written by qualified professionals and shared his concerns about the apparent rush to implement this item with a focus away from public policy and eliminating existing celebrations in the process. Mayor Pro Tem Burns shared his dismay that somehow Kathie Schey felt slighted by this item when the intention all along was to enlist the assistance of the HRB. He added his hope that Ms. Schey would reconsider her resignation announcement. Councilmember Strickland reviewed public policy items that were implemented in 2023 in rebuttal to comments that this item is not focused on public policy. Councilmember Moser recommended this effort be focused on adding new topics and enhancing existing events. She added Council's responsibility is to focus on the immediate and tangible needs of the community such as managing the budget, maintaining, and improving infrastructure to ensure public safety, and fostering economic growth. Councilmember Moser asked why this item proposes a new committee rather than assigning it to the existing Liaisons and HRB. Councilmember Bolton confirmed with Councilmember McKeon that the HRB was not consulted before this item was placed on the agenda, except for the conversation he and Ms. Schey had over the weekend. Councilmember Bolton asked for a list of current events that would be eliminated if this item were to be approved. She also asked why this item proposes to replace existing events rather than being focused on enhancing existing and adding new events. 90 Council/PFA Regular Meeting Housing Authority, Parking Authority and Successor Agency Special Meeting Minutes December 19, 2023, Page 16 of 16 A motion was made by McKeon, second Burns to request the City Manager to direct staff to implement the 2024 monthly program listed above. In addition, form a Brown Act committee of 7-9 residents appointed by two Council liaisons to continue developing twelve-month programs (starting with 2025) designed to celebrate and honor the rich historic heritage of the United States, California, and Huntington Beach. Each month will be dedicated to a specific theme, highlighting significant events, landmarks, and influential figures that have shaped the history of our Nation, State, and City. Through a series of engaging activities utilizing our libraries and media resources, residents and visitors alike will have the opportunity to explore, appreciate, and preserve the legacy of the history that led Huntington Beach to be a great American city. (This series would be intended to be free of any identity politics and political agendas.) The Committee would meet on a limited basis (1-3 times per year) to develop the twelve- month calendar with their Council Liaisons and Staff Liaison to ensure that the City has the ability to present the content. The Committee will then present the calendar to City Council for approval before the start of the year; amendments may also be presented as needed. The Committee should be able to enlist the assistance of the Historic Resource Board and City staff within reason via Council liaison requests. All monthly themes hosted by the City must be included in this approved twelve-month program and will therefore repeal and supersede all such monthly themes/celebrations previously approved by Council. This effort excludes proclamations requested by outside groups and presented by the Mayor per Administrative Regulation 512, as amended to include Holocaust Remembrance in January, switch February (Civil War Days) and August (Library Day) themes, add Juneteenth; this item will not affect existing day and week programs, and staff should return with a procedure for determining approval of any new day and week programs. The motion as amended carried by the following roll call vote: AYES: Burns, Van Der Mark, Strickland, and McKeon NOES: Moser, Bolton, and Kalmick ADJOURNMENT — at 9:10 PM Strickland made a motion to adjourn, with a second by Burns, to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, January 16, 2024, in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. The Huntington Beach City Council/Public Financing Authority regular meeting of January 3, 2024, has been cancelled. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov ________________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority, Housing Authority, Parking Authority, and Successor Agency of the City of Huntington Beach, California ATTEST: _________________________________________ City Clerk-Secretary ________________________________________ Mayor-Chair 91 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-1056 MEETING DATE:1/16/2024 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: Receive and file the City Clerk’s quarterly listing of professional services contracts filed in the City Clerk’s Office between January 1, 2023 and September 30, 2023 Statement of Issue: On a quarterly basis, the City Clerk provides a list of professional services contracts that are entered into by City Departments and consultant firms, pursuant to the Huntington Beach Municipal Code. These contracts have been transmitted to the City Clerk for official filing for the public record, and funds are included in the City budget. Financial Impact: Not applicable Recommended Action: A) Receive and file the “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of January 1, 2023 and March 31, 2023;” and, B) Receive and file the “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of April 1, 2023 and June 3 0, 2023;” and, C) Receive and file the “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of July 1, 2023 and September 30, 2023.” Alternative Action(s): Do not proceed, and provide alternative direction to staff Analysis: On November 19, 2001, the City Council established a policy to follow the administration of all contracts entered into between City Departments and consultant firms, pursuant to Huntington Beach Municipal Code Chapter 3.03. Administrative Regulation No. 228, effective as of August 4, 2008, prescribes the policy regarding professional service contracts to ensure public review of new contracts through identification on the City Council agenda, as required by section 6.4.1 of the policy. City of Huntington Beach Printed on 1/10/2024Page 1 of 2 powered by Legistar™92 File #:23-1056 MEETING DATE:1/16/2024 Attachment #1 is a list of contracts entered into by City Departments and received in the City Clerk’s Office for the first quarter of 2023. Attachment #2 is a list of contracts entered into by City Departments and received in the City Clerk’s Office for the second quarter of 2023; and, Attachment #3 is a list of contracts entered into by City Departments and received in the City Clerk’s Office for the third quarter of 2023. Environmental Status: Not applicable Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk During the Period January 1, 2023 through March 31, 2023.” 2. “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk During the Period April 1, 2023 through June 30, 2023.” 3. “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk During the Period July 1, 2023 through September 30, 2023.” City of Huntington Beach Printed on 1/10/2024Page 2 of 2 powered by Legistar™93 Page 1 of 2 *This list includes all contracts received which are public records List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of January 1, 2023 and March 31, 2023 AGREEMENT DATE DEPARTMENT NAME OF CONTRACTOR AMOUNT PURPOSE EXPIRATION 01/01/2023 Finance HDL Coren & Cone NTE $95,000.00 Municipal Property Tax Audit Services 12/31/2025 01/03/2023 Public Works The Jerde Partnership, Inc. NTE $30,000 Huntington Beach Restrooms Conceptual Studies 01/02/2026 01/19/2023 Community & Library Services Jay Daniyarova Adding Additional Compensation of $1,040; Total Contract Amount NTE $8,320 Amendment #1 to 03/23/2022 contract for Develop and Design Curriculum for New ESL Program 03/22/2025 01/19/2023 City Manager Snow & Associates, Inc. NTE $41,000 Development and Implementation of Customer Service Training Program 01/18/2026 01/31/2023 City Manager Townsend Public Affairs, Inc. Adding Additional Compensation of $10,000; Total Contract Amount NTE $100,000; Term Extended One Additional Month Amendment #1 to 02/01/2022 contract for On- Call Legislative Advocacy and Grant Management Services 03/01/2023 02/01/2023 Police TOC Public Relations LLC NTE $24,000 Recruitment Services 01/31/2024 02/01/2023 Community Development GRC Associates, Inc. NTE $108,000 Program Monitoring of Mobile Home Tenant Based Rental Assistance (TBRA) and Housing Quality Standards (HQS) Inspections 01/31/2024 02/07/2023 City Manager North Star Consulting, Inc. NTE $40,000 Development and Implementation of Customer Service Training Program 02/06/2026 94 Page 2 of 2 *This list includes all contracts received which are public records AGREEMENT DATE DEPARTMENT NAME OF CONTRACTOR AMOUNT PURPOSE EXPIRATION 02/09/2023 City Manager Teri Black & Company, LLC NTE $ 59,650 Executive Recruitment Services 02/08/2026 02/09/2023 Risk Management JL Group, LLC Adding Additional Compensation of $70,000; Total Contract Amount NTE $100,000 Amendment #1 to 06/06/2022 contract for Workplace Investigative Services 06/05/2025 02/10/2023 City Manager Fairbank, Maslin, Maulin, Metz & Associates NTE $40,000 Quality of Life Community Survey Project 02/09/2026 03/01/2023 Police Interval House Adding Additional Compensation of $23,559; Total Contract Amount NTE $72,780 Amendment #2 to 01/01/2021 contract for Victims Assistance Services 12/31/2023 03/01/2023 City Manager Rafetlis NTE $30,000 On-Call Graphic Facilitation Services 02/28/2026 03/01/2023 City Manager The Lew Edwards Group NTE $30,000 Quality of Life Community Survey & Visioning Project 02/28/2026 95 Page 1 of 2 *This list includes all contracts received which are public records List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of April 1, 2023 and June 30, 2023 AGREEMENT DATE DEPARTMENT NAME OF CONTRACTOR AMOUNT PURPOSE EXPIRATION 04/01/2023 City Manager Five Elements Consulting Group, LLC NTE $30,000 On-Call Graphic Facilitation Services 03/31/2026 05/02/2023 (Received on 07/17/2023) Police Nancy K. Bohl Inc. dba The Counseling Team International NTE $50,000 Psychological Services 05/01/2026 05/02/2023 City Manager Baker Tilly US, LLP NTE $29,800 A Citywide Strategic Plan 05/01/2026 05/10/2023 Community Development Responsible Hospitality Institute, Inc. NTE $95,000 Citywide Assessment for Nightlife Management 05/09/2026 05/11/2023 City Manager Dorado Creative, Inc. NTE $40,000 On-Call Video Services 06/30/2023 05/12/2023 Community Development AVRP Studios, Inc. Adding Additional Compensation of $25,000; Total Contract Amount NTE $55,000 Amendment #1 to 09/21/2022 contract for Amending Public & Private Frontage Form-Based Coding Conflicts Adjacent to Caltrans Facilities 09/20/2024 05/15/2023 Community Development Parking Advisors, Inc. NTE $29,500 Financial Review Services for City Parking Structures, Parking Garages and Parking Lots 05/14/2026 05/16/2023 Fire Atlas Planning Solutions Adding Additional Compensation of $8,000; Total Contract Amount NTE $30,000; Amended Scope of Work –See Exhibit ‘A’ Amendment #1 to 04/12/2021 contract for The Provision of the City of Huntington Beach Emergency Operations Plan 04/11/2024 05/19/2023 Public Works PACE Advanced Water Engineering NTE $30,000 As Needed Water Well Engineering Backwash and Miscellaneous Services 05/18/2026 96 Page 2 of 2 *This list includes all contracts received which are public records AGREEMENT DATE DEPARTMENT NAME OF CONTRACTOR AMOUNT PURPOSE EXPIRATION 06/01/2023 Community Development Gwynne Pugh Urban Studio, Inc. NTE $95,000 Design Consulting & Peer Review Services 05/31/2026 06/06/2023 Fire Matrix Consulting Group, LTD Adding Additional Compensation of $5,000; Total Contract Amount NTE $25,000 Amendment #1 to 08/16/2022 contract for Services Related to Preparing Ground Emergency Medical Transport (GEMT) Cost Reports for the COHB 08/15/2025 06/12/2023 Community Development Michael Hennessey dba Hennessey Group NTE $94,600 Real Estate Consulting Services 06/11/2026 06/30/2023 City Manager Fairbank, Maslin, Maulin, Metz, & Associates Adding Additional Compensation of $60,000; Total Contract Amount NTE $100,000; Language Added under Section 12 – Termination of Agreement Amendment #1 to 02/10/2023 contract for Quality of Life Community Survey Project 02/09/2026 06/30/2023 City Manager North Star Consulting Group, Inc. Adding Additional Compensation of $30,000; Total Contract Amount NTE $70,000 Scope of Work Amended – See Exhibit A Amendment #1 to 02/07/2023 contract for Development and Implementation of Customer Service Training Program 02/06/2026 97 Page 1 of 2 *This list includes all contracts received which are public records List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of July 1, 2023 and September 30, 2023 AGREEMENT DATE DEPARTMENT NAME OF CONTRACTOR AMOUNT PURPOSE EXPIRATION 07/01/2023 Community Development Keyser Marston Associates, Inc. NTE $90,000 Economic Analysis for Successor Agency, Housing, and Other Financial Analysis 06/30/2025 07/01/2023 Police Cron & Associates Transcription, Inc. NTE $99,000 Transcription Services 06/30/2026 07/01/2023 City Manager Pegasus Studios NTE $60,000 On-Call Video Services 06/30/2025 07/01/2023 City Manager Goal Productions, Inc. NTE $70,000 On-Call Video Services 06/30/2025 07/01/2023 Information Services Precision Solutions NTE $29,000 JDE Consulting Services 07/01/2023 07/06/2023 Finance iKW Solutions, Inc. Adding Additional Compensation of $50,000; Total Contract Amount NTE $100,000 Amendment #1 to 01/14/2021 contract for Oracle/JD Edwards as Needed System Support Consulting Services 01/14/2024 07/19/2023 Police Psychological Services Consulting Associates, Inc. NTE $50,000 Psychological Services 07/18/2026 07/19/2023 Police Vienna Psychological Group, Inc. NTE $50,000 Psychological Services 07/18/2026 07/19/2023 Police Susan Saxe-Clifford, Ph.D. ABPP NTE $50,000 Psychological Services 07/18/2026 07/19/2023 Police Truth Be Told Polygraph, LLC NTE $50,000 Transcription Services 07/18/2026 08/01/2023 Public Works Robert D. Niehus, Inc. NTE $64,760 Preparation of City Sewer Rate Study for City of Huntington Beach 01/31/2025 08/31/2023 City Manager Clara University NTE $9,000 On-Call Applied Ethics Consulting and Training Services 08/30/2026 09/01/2023 Community Development Mohindroo, LLC NTE $95,000 Design Consulting & Peer Review Services 08/31/2026 09/20/2023 Community Development GRC Associates, Inc. Adding Additional Compensation of $126,373; Amendment #1 to 02/01/2023 contract for Program Monitoring of Mobile Home Tenant Based Rental Assistance (TBRA) and 06/30/2024 98 Page 2 of 2 *This list includes all contracts received which are public records AGREEMENT DATE DEPARTMENT NAME OF CONTRACTOR AMOUNT PURPOSE EXPIRATION Total Contract Amount NTE $234,373; Term Extended to June 30, 2024 Housing Quality Standards (HQS) Inspections 09/27/2023 Public Works Water Resources Economics, LLC NTE $30,000 As Needed Financial and Rate Services 09/26/2026 99 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-009 MEETING DATE:1/16/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor Pro Tem and City Council Members SUBMITTED BY:Gracey Van Der Mark, Mayor PREPARED BY:Robin Estanislau, City Clerk DATE:January 16, 2024 Subject: Annual Review of the City Code of Ethics Statement of Issue: Resolution No. 2016-73 specifies that an annual review of the City Code of Ethics (Code) should occur each year. As stated in the Code, its purpose is “to set a standard of conduct for all elected officials, officers, employees, and members of advisory boards, commissions, committees of the City of Huntington Beach.” The Mayor, City Manager, Chairpersons, and City Department Directors are responsible for accomplishing this annual review. With this memorandum, I am formally presenting the City Code of Ethics to the City Council, City Manager, Chairpersons, and City Department Directors for their review and distribution as specified by Resolution No. 2016-73. An explanation of the Code and link to Resolution No. 2016-73 can be found on the City’s website under Transparency in Huntington Beach - HB Open. Financial Impact: None. Recommended Action: Direct the City Clerk to record in the official minutes that the City Code of Ethics was presented to the City Council, City Manager, Chairpersons, and City Department Directors for their review and distribution as required by Resolution No. 2016-73. Alternative Action(s): Provide additional direction to staff. City of Huntington Beach Printed on 1/10/2024Page 1 of 2 powered by Legistar™100 File #:24-009 MEETING DATE:1/16/2024 Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. Resolution No. 2016-73, including Exhibit “A”, City of Huntington Beach Code of Ethics. City of Huntington Beach Printed on 1/10/2024Page 2 of 2 powered by Legistar™101 102 RESOLUTION NO. 2016-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE CITY'S CODE OF ETHICS WHEREAS, on October 4, 1993, the City Council adopted Resolution No. 6524, which established a Code of Ethics to serve as a standard of conduct for all elected officials, officers, employees and members of advisory boards, commissions, and committees of the City of Huntington Beach; and On August 4, 2003, the City Council adopted Resolution No. 2003-51 amending the Code of Ethics; and On January 20, 2004, the City Council adopted Resolution No. 2004-2 amending the Code of Ethics, and On February 16, 2010, the City Council approved a revised version of the Code of Ethics as recommended by the Intergovernmental Relations Committee, NOW THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the City of Huntington Beach revised Code of Ethics, a copy of which is attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein, is hereby adopted and approved. 2. The City Council, City departments, and all boards, commissions, and committees are to formally review this Code of Ethics with their members annually during the month of January. The Mayor, City Manager and Chairpersons shall be responsible for accomplishing this review. New members of the City Council, boards, commission, and committees and new J 6-5499/146272/PD 103 RESOLUTION NO; 2016-73 employees are to be provided a copy of the Code of Ethics for their review when they are elected or appointed. 3. All elected officials, officers, employees and members of advisory boards, commissions, and committees of the City of Huntington Beach shall sign Acknowledgment of Receipt forms (Exhibit A). Said acknowledgments of the elected officials and members of boards, commissions, and committees shall be maintained on file with the City Clerk. Said acknowledgments of officers and employees shall be maintained by the Human Resources Department. PASSED, APPROVED and ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21st day of November , 2016 Mayor INITIATED AND APPROVED: 1Z_~&s~~ City City Clerk 16-5499/146272/PD 2 {) /'--: , i ' b ~ 'vl v-'71 io fi'I ✓ 104 City of Huntington Beach Code of Ethics Preamble Exhibit "A" The citizens of the City of Huntington Beach are entitled to responsible, fair and honest city government that operates in an atmosphere of respect and civility. Accordingly, the Huntington Beach City Council adopts this code to: 1. Describe the standards of behavior to which its leaders and staff aspire. 2. Provide an ongoing source of guidance to elected leaders, city officials and staff in their day-to-day service to the city. 3. Promote and maintain a culture of ethics. Pledge On November 21, 2016, the City Council of the City of Huntington Beach adopted a Code of Ethics, which applies to all City elected or appointed officials, city employees, and members of its boards, commissions, committees, and task forces and requires the following pledge: Code of Ethics Responsibility • I understand that the community expects me to serve with dignity and respect, as well as be an agent of the democratic process. • I avoid actions that might cause the public to question my independent judgment. • I do not use my office or the resources of the city for personal or political gain. • I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the city and its citizens. Fairness • I promote consistency, equity and non-discrimination in public agency decision-making. • I make decisions based on the merits of an issue, including research and facts. • I encourage diverse public engagement in our decision-making processes and support the public's right to know. Respect • I treat my fellow city officials, staff, commission members and the public with patience, courtesy, civility, and respect, even when we disagree on what is best for the community and its citizens. Honesty • I am honest with all elected officials, staff, commission members, boards, the public and others. • I am prepared to make decisions when necessary for the public's best interest, whether those decisions are popular or not. • I take responsibility for my actions, even when it is uncomfortable to do so. 105 ACKNOWLEDGEMENT PROCESS FOR THE CITY OF HUNTINGTON BEACH CODE OF ETHICS Exhibit "A" • All current elected and appointed city officials including current members of all city boards, commissions, committees, and task forces, and all current city employees will be given a copy of the newly adopted City Code of Ethics following its adoption on November 21, 2016 and asked to sign an acknowledgement form at that time. THEREAFTER: • All elected officials of the city will be given a copy of the City Code of Ethics and asked to sign an acknowledgement form at the time of their swearing in. • All new employees of the city will be given a copy of the City Code of Ethics and asked to sign an acknowledgement form as part of their new employee orientation. • Each new member of a city board, commission, committee, or task force will be given a copy of the City Code of Ethics and asked to sign an acknowledgement form at their first meeting. • Acknowledgment of Receipt forms for elected officials and members of boards, committees and commissions shall be maintained on file with the City Clerk. Said acknowledgments for officers and employees shall be maintained on file with the Department of Human Resources. 106 CITY OF HUNTINGTON BEACH CODE OF ETHICS Exhibit "A" ACKNOWLEDGMENT OF RECEIPT FORM Name: Title: Board/ Department: Signature: Date: (Please type or print first and last name) 107 Res. No. 2016-73 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU the duly appointed, 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 November 21, 2016 by the following vote: AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson NOES: None ABSENT: None RECUSE: None City Cle'rk and ex-officio Clerk of the City Council of the City of Huntington Beach, California City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-014 MEETING DATE:1/16/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Ashley Wysocki, Director of Community & Library Services PREPARED BY:Molly Uemura, Community & Library Services Supervisor Subject: Approve reappointments to the Independence Day Board with terms to expire September 30, 2027 Statement of Issue: There is a need to fill several vacancies on the Independence Day Board (Board). Per Huntington Beach Municipal Code (HBMC) 2.106, “the composition of the Board shall consist of nine to 15 members appointed by City Council upon the recommendation of the liaisons to the Board.” Currently, five Board Members have terms that expired September 30, 2023, but have expressed interest in serving another term, including Andi Kowal, Pat Love, Lisa Marie Moreo, Don Ramsey, and Linda Vircks. Financial Impact: Not applicable. Recommended Action: As recommended by City Council Member Liaisons Gracey Van Der Mark and Casey McKeon, approve the reappointment of Andi Kowal, Pat Love, Lisa Marie Moreo, Don Ramsey, and Linda Vircks to the Independence Day Board with terms to expire September 30, 2027. Alternative Action(s): Do not approve the recommendation and direct staff accordingly. Analysis: The Independence Day Board assists the City’s event contractors with the planning of the Fourth of July Parade and Independence Day festivities. Per HBMC 2.106, “the Board shall consist of nine to 15 members, appointed by City Council upon the recommendation of the Council Liaisons to the Board.” The terms of Andi Kowal, Pat Love, Lisa Marie Moreo, Don Ramsey, and Linda Vircks expired on September 30, 2023. All five Board Members have requested reappointment to the City of Huntington Beach Printed on 1/10/2024Page 1 of 2 powered by Legistar™108 File #:24-014 MEETING DATE:1/16/2024 Independence Day Board as referenced in Attachments 1 - 5. Upon approval of these appointments, the Board will consist of ten (10) members with five terms expiring September 30, 2025, and five expiring September 30, 2027 (Attachment 6). Environmental Status: Pursuant to SEQA 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: Non Applicable - Administrative Item Attachment(s): 1. Reappointment letter from Andi Kowal 2. Reappointment letter from Pat Love 3. Reappointment letter from Lisa Marie Moreo 4. Reappointment letter from Don Ramsey 5. Reappointment letter from Linda Vircks 6. 2024 Independence Day Board Roster City of Huntington Beach Printed on 1/10/2024Page 2 of 2 powered by Legistar™109 1 December 26, 2023 Mayor Gracey Van DerMark Mayor Pro Tem Pat Burns Council Member Rhonda Bolton Council Member Dan Kalmick Council Member Casey McKeon Council Member Natalie Moser Council Member Tony Stickland 2000 Main Street Huntington Beach, CA 92648 Dear Huntington Beach City Council Members, As we enter into the 120th year of the Huntington Beach Independence Day Parade and Celebration, I am filled with gratitude that I have had the privilege of volunteering with the executive board for this legacy community wide event since 2010. Over the years, I have successfully worked with my fellow board members, city staff, city departments, city council, vendors, press, and selfless community volunteers as we navigated preserving the integrity of the home-town ethos, uncertainty of pandemic times, and the return of our world-class large-scale event, keeping it The Largest Independence Day Celebration West of the Mississippi. I am inspired by the league of volunteers who have advocated, protected, and fostered the home town legacy of the event over the past 120 years. Their dedication and commitment to serving and volunteering are examples I strive to emulate and I hope that this spirit encourages and inspires the next generations of volunteers. A few years ago, I had the honor of being elected Chair of the executive board by my fellow hard-working volunteers. Like so many of us in the community, I grew up riding my bike down Main Street to see the pageantry, celebration, and home-town community on display. Working tirelessly throughout the year as a volunteer has been an incredible way to serve my home-town, community, and tradition. It would be an honor to continue serving another term as a volunteer executive board member. Thank you for your consideration. Sincerely, 110 From:Shelly Love To:Uemura, Molly Subject:Re: Independence Day Board - Term Reappointment Date:Friday, December 15, 2023 7:02:23 PM Thank you Molly. I look forward to receiving the paperwork and to continue on the board. Thank you once again and have a merry Christmas! Pat . Sent from my iPhone On Dec 14, 2023, at 9:28 AM, Uemura, Molly <Molly.Uemura@surfcity-hb.org> wrote: Hi Pat, I hope you are doing well today and enjoying the holiday season so far! As we are closing out the year for Boards and Commissions, there are 5 members of the Independence Day Board whose terms have recently expired, as 5 members were provided with an initial 1 year-term during the reorganization last year. Your term is one that has expired, but our council liaisons wish to reappoint you for a new four-year term, which would be presented as a consent item on the January 16, 2024 council meeting agenda. If you are agreeable to continuing your service on the Independence Day Board, please reply back to me and I will be preparing the documents for council. We greatly appreciate your invaluable service to the Board and hope you wish to continue for another four years. Please let me know if you have any questions. I look forward to hearing from you soon! Molly Uemura Specific Events Supervisor City of Huntington Beach Community & Library Services Department Office: (714) 374-5312 molly.uemura@surfcity-hb.org Parks Make Life Better! 111 Dear Huntington Beach City Council, I am writing to express my deep gratitude for the opportunity to serve on the Huntington Beach Independence Board. It has been an incredible experience, and I'm eager to continue contributing to our community's well-being. I kindly request reappointment and pledge to maintain the same dedication and enthusiasm. Thank you for your consideration. Sincerely, Lisa Marie YourHuntingtonBeach 112 From:Don Ramsey To:Uemura, Molly Subject:Independence Board Date:Tuesday, December 26, 2023 7:18:09 AM Hi Molly, I would like to be reappointed to the Independence Day Board, it has been an honor to serve the City of Huntington Beach in this way. The 4th of July has been and always be my favorite holiday. Thank you, Don Ramsey 113 City of Huntington Beach Council Independence Day Board Liaisons, This is my request for reappointment to the 'Independence Day Board', so I can continue my service to the city and our Independence Day celebrations. Linda Vircks Huntington Beach 4th of July Celebration 114 INDEPENDENCE DAY BOARD 2024 BOARD MEMBERS ANDI HAMAMOTO-KOWAL Appointed 3/21/2011 Term expires 9/30/2027 PAUL SIMONDS Appointed 5/3/2022 Term expires 9/30/2025 PAT LOVE Term expires 9/30/2027 SHANNON SMITH Appointed 5/3/2022 Term expires 9/30/2025 DON RAMSEY Appointed 5/3/2022 Term expires 9/30/2027 ALLISON STEVENS Appointed 5/3/2022 Term expires 9/30/2025 LINDA VIRCKS Appointed 12/15/2008 Term expires 9/30/2027 FLOREAL TABOADA Appointed 5/3/2022 Term expires 9/30/2025 LISA MARIE MOREO Appointed 5/3/2022 Term expires 9/30/2027 RYAN VAN TUYL Appointed 5/3/2022 Term expires 9/30/2025 COUNCIL LIAISONS STAFF LIAISON GRACEY VAN DER MARK CASEY MCKEON MOLLY UEMURA 115 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-007 MEETING DATE:1/16/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Travis K. Hopkins, Assistant City Manager PREPARED BY:Theresa St. Peter, Interim Human Resources Director Subject: Adopt Resolution 2024-03 appointing Danielle Tellez as Interim Director of Human Resources and approving the Employment Agreement Statement of Issue: The City is in the process of conducting a recruitment to fill the Director of Human Resources vacancy created by the resignation of the former Administrative Services Director on January 3, 2023. On December 20, 2022, the City Council approved the reorganization of the Administrative Services Department into separate Human Resources and Information Services Departments. The City Manager recommends the City Council approve the appointment of Danielle Tellez as Interim Director of Human Resources util the recruitment process for a permanent Director concludes. Financial Impact: No additional funding is requested. Funding is included in the FY 2023-24 budget. Recommended Action: A) Adopt Resolution No. 2024-03, “A Resolution of the City Council of the City of Huntington Beach Appointing Danielle Tellez as Interim Director of Human Resources;” and B) Approve and Authorize the City Manager to execute the “Employment Agreement between the City of Huntington Beach and Danielle Tellez. Alternative Action(s): Do not approve the Recommended Action and direct staff to present an alternative solution. Analysis: On December 20, 2022, the City Council approved the reorganization of the Administrative Services City of Huntington Beach Printed on 1/10/2024Page 1 of 2 powered by Legistar™116 File #:24-007 MEETING DATE:1/16/2024 Department into separate Human Resources and Information Services Departments. The reorganization was in response to the resignation of the Administrative Services Director on January 3, 2023, and to help meet the growing, complex demands of each operation. As such, the City is conducting a recruitment to fill the position of Director of Human Resources. To maintain the integrity of the City’s services and provide executive leadership to the Human Resources Department, it is recommended that the City Council approve the appointment of Danielle Tellez to serve as the Interim Director of Human Resources through the conclusion of the recruitment process. The adoption of Resolution No. 2024-03 and the execution of Tellez’s employment agreement is required by CalPERS for employment of retired annuitants at the Department Head/Executive level pursuant to Government Code Section 21221(h). Ms.Tellez has over 25 years of experience in Human Resources including employment for Southern California public agencies and interim positions. The interim appointment of Danielle Tellez is compliant with California Government Code Section 21221(h). Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Resolution No. 2024-03 2. Danielle Tellez Employment Agreement 3. Danielle Tellez Resume City of Huntington Beach Printed on 1/10/2024Page 2 of 2 powered by Legistar™117 118 RESOLUTION NO. 2024-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPOINTING DANIELLE TELLEZ AS INTERIM DIRECTOR OF HUMAN RESOURCES WHEREAS, Government Code Section 2122l(h) of the Public Employees' Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and WHEREAS, the City Council of the City of Huntington Beach desires to appoint Danielle Tellez as an Interim appointment retired annuitant to the vacant position of Director of Human Resources for the City of Huntington Beach under Government Code Section 21221(h), effective January 17, 2024; and WHEREAS, an appointment under Government Code Section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and WHEREAS, the governing body has authorized the search for a permanent appointment on February 6, 2023, and WHEREAS, this Government Code Section 2122l(h) appointment shall only be made once and therefore will end on the pay period end date immediately preceding the beginning of the pay period of the permanent appointment, or by not later than January 16, 2025, whichever is earlier; and WHEREAS, the entire employment agreement , contract or appointment document between Danielle Tellez and the City of Huntington Beach has been reviewed by this body and is attached herein; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum monthly base salary for this position is $18,724.84 and the hourly equivalent is $108.03; the minimum monthly base salary for this position is $13,972.13 and the hourly equivalent is $80.61; and WHEREAS, the hourly rate paid to Danielle Tellez will be $108.03 and WHEREAS, Danielle Tellez has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and 23-12402/301406 119 RESOLUTION NO. 2024-03 NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Huntington Beach hereby certifies the nature of the employment of Danielle Tellez as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to fill the critically needed position of Director of Human Resources for the City of Huntington Beach by January 17, 2024, because the City of Huntington Beach requires experienced Human Resource oversight at the department head level for the Human Resources Department serving a full service organization consisting of eleven departments and approximately 1,500 full time and part time employees. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16 th day of January, 2024. Mayor REVIEWED AND APPROVED: Interim City Manager INITIATED AND APPROVED: ~Q(d~~" Interim Human Resources Director 23-12402/328084 2 120 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH ANO DANIELLE TELLEZ TH IS AGREEMENT is entered into this 16th day of January, 2024, between the City of Huntington Beach, a Charter City and California municipal corporation, ("City,") and Danielle Tellez, (''Tellez''). RECITALS The City Manager may, appoint an Interim Director of Human Resources to assist the City, at such salaries or compensation as the Council may by ordinance or resolution prescribe; and The City desires to temporarily employ the services of Tellez as an Interim Director of Human Resources of the City of Huntington Beach; and It is the desire of the City to provide certain compensation, establish certain conditions of employment, and to set working conditions of Tellez; and It is the desire of the City to: ( 1) Secure and retain the services of Tellez on a temporary basis as set forth herein, and to provide inducement for her to remain in such employment; and (2) To provide a means for terminating Tellez's service at such time as she may be unable fully to discharge her duties, the law requires, or when City may otherwise desire to terminate her employ; and By entering this Agreement, Tellez desires to acceptemploymentas an Interim Director of Human Resources of the City. NOW, THEREFORE, in consideration of the mutual covenants here contained, the parties agree as follows: SECTION 1. DUTIES. City agrees to employ Tellez as an Interim Director of Human Resources of the City to perform the functions and duties of that office including under City Manager's direction, generally providing department management and oversight as further set forth in the Class Specification of Director of Human Resources attached hereto as Exhibit "A," the Municipal Code of the City of Huntington Beach and the City Charter, and to perform other legally permissible duties and functions as Director of Human Resources as the City Manager shall from time to time assign. Tellez shall devote her full attention and effort to the office and perform the mentioned duties and functions in a professional manner. I 23-12402'300432 121 SECTION 2. STATUS AND TERM. (a) Tellez shall serve for a definite term for no longer than one year commencing January 17, 2024, and ending on the pay period end date immediately preceding the beginning of the pay period of the permanent appointment, or by not later than Janaury 16, 2025 (Temporary Basis), Notwithstanding the Term of Employment, Tellez shall serve at the pleasure of the City Manager and shall be considered an at-will employee of the City in the capacity of retired annuitant, in compliance with all requirements and limitations as listed in Government Code Sections 7522.56 and 2122I(h), and any other relevant provisions of law, commencing upon execution of this agreement, and not to exceed a term of one(1) year. Tellez's total work hours from the effective date of this Agreement through January 16, 2025, shall not exceed nine hundred sixty (960) hours per fiscal year, unless mutually agreedto by the City Manager and Tellez. (b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to terminate the employment of Tellez at any time. (c) Tellez may resign at any time from her position with the City as provided herein. The term "employed" (and derivations of th.at tenn as used in the preceding paragraph) shall include employment by another legal entity or self-employment. However, shall not be construed to include occasional teaching, writing, consulting or military reserve service performed on Tellez's time off, and with the advance approval of the City Manager. SECTION 3. SALARY. City agrees to pay Tellez for her services rendered pursuant to this Agreement at Non-Associated Range NA0269, at $108.03 per hour (hourly salary), of the City's classification and compensation plan or resolutions or ordinances from time- to-time enacted that govern such compensation for the position of Director of Human Resources. SECTION 4. OTHER BENEFITS. Tellez shall receive no benefits other than her hourly salary. SECTION 5. TERMINATION. (a) The City Manager may terminate the employment of Tellez at any time without advance notice, without just cause, and without payment of severance. (b) In the event Tellez voluntarily resigns , Tellez shall give the City seven (7) calendar days written notice prior to the last workday, unless the City Manager and Tellez otherwise agree. 23-12402/300432 122 (c) It is understood that after notice of termination in any form, Tellez and the City will cooperate to provide for an orderly transition, SECTION 6, FINANCIAL DISCLOSURE. (a) Tellez shall follow all State laws including the Political Reform Act. In furtherance thereof, Tellez shall report to the City any ownership interest in real prope1ty within the County of Orange, excluding personal residence. Such reporting shall be made in writing by Tellez to the City within ten (10) calendar days of the execution of this Agreement and, further, within ten (10) calendar days of acquisition of that interest in real property. Additionally, Tellez shall report in writing to the City any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for the City or from whom the City intends to make a purchase immediately upon receipt of notice by Tellez of the intended work or purchase. (b) In addition, Tellez shall annually complete and file a Form 700 Statement of Economic Interest with the City Clerk . SECTION 7. INDEMNIFICATION. City shall defend and indemnify Tellez in any action, including but not limited to any : tort, professional liability claim or demand, or other noncriminal legal, equitable or administrative action, whether groundless or otherwise , arising out of an alleged act or omission occurring in the performance of Tellez's duties as an employee or officer of City, other than an action brought by City against Tellez, or an action filed against City by Tellez. In addition, the City shall reimburse Tellez documented reasonable expenses forthe travel, lodging, meals, of Tellez should Tellez be subject to such, should an action be pending after termination of Tellez. City shall be responsible for and have authority to compromise and settle any action, with prior consultation with Tellez, and pay the amount of any settlement or judgment rendered on that action. Tellez shall cooperate fully with City in the settlement, compromise, preparation of the defense, or trial of any such action. SECTION 8. GENERAL PROVISIONS. (a) The text herein, including recitals, shall constitute the entire Agreement between the parties. (b) This Agreement shall become effective upon execution of this agreement. (c) If any provision, or any portion of any provision, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or any portion of it, shall be deemed severable, shall not be affected and shall remain In full force and effect. 23 -] 2402/300432 123 (d) No amendment of this Agreement shall be effective unless in writing and signed by both parties here. IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behatf by City Council, and Tellez has signed and executed this Agreement, both in duplicate, the day and year first above written. CITY MANAGER 0 FORM: (' 23-12402/300432 124 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DANIELLE TELLEZ THIS AGREEMENT is entered Into this 16th day of January, 2024, between the City of Huntington Beach, a Charter City and California municipal corporation, ("City ,11 ) and Danielle Tellez, (''Tellez''). RECITALS The City Manager may, appoint an Interim Director of Hum an Resources to assist the City, at such salaries or compensation as the Council may by ordinance or resolution prescribe; and The City desires to temporarily employ the services of Tellez as an Interim Director of Human Resources of the City of Huntington Beach; and lt Is the desire of the City to provide certain compensation, establish certain conditions of employment, and to set working conditions of Tellez; and It is the desire of the City to: (1) Secure and retain the services of Tellez: on a temporary basis as set forth herein, and to provide inducement for her to remain in such employment; and (2) To provide a means for terminating Tellez's service at such time as she may be unable fully to discharge her duties, the law requires, or when City may otherwise desire to terminate her employ; and By entering this Agreement, Tellez desires to acceptemploymentas an Interim Director of Human Resources of the City. NOW, THEREFORE, in consideration of the mutual covenants here contained, the parties agree as follows: SECTION 1. DUTIES. City agrees to employ Tellez as an Interim Director of Human Resources of the City to perform the functions and duties of that office Including under City Manager's direction, generally providing department management and oversight as further set forth in the Class Specification of Director of Human Resources attached hereto as Exhibit "A," the Municipal Code of the City of Huntington Beach and the City Charter, and to perform other legally permissible duties and functions as Director of Human Resources as the City Manager shall from time to time assign. Tellez shall devote her full attention and effort to the office and perform the mentioned duties and functions in a professional manner. I 23-12402/300432 125 SECTION 2. STATUS AND TERM. (a) Tellez shall serve for a definite term for no longer than one year commencing January 17, 2024, and ending on the pay period end date immediately preceding the beginning of the pay period of the permanent appointment, or by not later than Janaury 16, 2025 (Temporary Basis), Notwithstanding the Term of Employment, Tellez shall serve at the pleasure of the City Manager and shall be considered an at-will employee of the City in the capacity of retired annuitant, in compliance with all requirements and limitations as listed in Government Code Sections 7522.56 and 2122l(h), and any other relevant provisions of law, commencing upon execution of this agreement, and not to exceed a term of one(1} year. Tellez's total work hours from the effective date of this Agreement through January 16, 2025, shall not exceed nine hundred sixty (960) hours per fiscal year, unless mutually agreedto by the City Manager and Tellez. (b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to terminate the employment of Tellez at any time. (c) Tellez may resign at any time from her position with the City as provided herein . The term "employed" (and derivations of that term as used in the preceding paragraph) shall include employment by another legal entity or self-employment. However, shall not be construed to include occasional teaching, writing, consulting or military reserve service performed on Tellez's time off, and with the advance approval of the City Manager. SECTION 3. SALARY. City agrees to pay Tellez for her services rendered pursuant to this Agreement at Non-Associated Range NA0269, at $108.03 per hour (hourly salary), of the City's classification and compensation plan or resolutions or ordinances from time- to-time enacted that govern such compensation for the position of Director of Human Resources. SECTION 4. OTHER BENEFITS. Tellez shall receive no benefits other than her hourly salary. SECTION 5. TERMINATION. (a) The City Manager may terminate the employment of Tellez at any time without advance notice, without just cause, and without payment of severance. (b) In the event Tellez voluntarily resigns, Tellez shall give the City seven (7) calendar days written notice prior to the last workday, unless the City Manager and Tellez otherwise agree. 23-12402/300432 126 (c) It is understood that after notice of termination in any form , Tellez and the City will cooperate to provide for an orderly transition, SECTION 6, FINANCtAL DISCLOSURE. (a) Tellez shall follow all State laws including the Political Reform Act. In furtherance thereof, Tellez shall report to the City any ownership interest in real prope1ty within the County of Orange, excluding personal residence. Such reporting shall be made in writing by Tellez to the City within ten (10) calendar days of the execution of thi s Agreement and, further, within ten (10) calendar days of acquisition of that interest in real property. Additionally, Tellez shall report in writing to the City any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for the City or from whom the City intends to make a purchase immediately upon receipt of notice by Tellez of the intended work or purchase. (b) In addition, Tellez shall annually complete and file a Form 700 Statement of Economic Interest with the City Clerk. SECTION 7. INDEMNIFICATION. City shall defend and indemnify Tellez in any action, including but not limited to any: tort, professional liability claim or demand, or other noncriminal legal, equitable or administrative action, whether groundless or otherwise , arising out of an alleged act or omission occurring in the performance of Tellez's duties as an employee or officer of City, other than an action brought by City against Tellez, or an action filed against City by Tellez. In addition, the City shall reimburse Tellez documented reasonable expenses for the travel, lodging, meals, of Tellez should Tellez be subject to such, should an action be pending after termination of Tellez. City shall be responsible for and have authority to compromise and settle any action, with prior consultation with Tellez, and pay the amount of any settlement or judgment rendered on that action. Tellez shall cooperate fully with City in the settlement, compromise, preparation of the defense, or trial of any such action . SECTION 8. GENERAL PROVISIONS. (a) The text herein, including recitals, shall constitute the entire Agreement between the parties. (b) This Agreement shall become effective upon execution of this agreement. (c) If any provision, or any portion of any provision, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or any portion of it, shall be deemed severable, shall not be affected and shall remain In full force and effect. 23-] 2402/3 00432 127 (d) No amendment of this Agreement shall be effective unless in writing and signed by both parties here. IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by City Council, and Tellez has signed and executed this Agreement, both in duplicate, the day and year first above written. CITY MANAGER 0 FORM: < 2 3-12402/300432 128 Danielle J. Tellez EXPERIENCE INTERIM HUMAN RESOURCES AND RISK MANAGEMENT MANAGER CITY OF MONTEREY PARK, CA I JULY 2021 -APRIL 2023 Serve in Interim capacity to perform all functions of the City's Human Resources and Risk Management Department as Interim Manager to support newly hired Director INTERIM DIRECTOR OF HUMAN RESOURCES AND RISK MANAGEMENT CITY OF MONTEREY PARK, CA I MARCH,2020 -JULY 2021 Serve in Interim capacity to perform all functions of the City's Human Resources and Risk Management Department DIRECTOR OF HUMAN RESOURCES AND RISK MANAGEMENT CITY OF COVINA, CA I JUNE 2015 -AUGUST 2019 Manage all functions of the City's Human Resources and Risk Management Department, including, but not limited to: • Labor Relations o Serve as City's Chief Negotiator o Employee Investigations/Discipline/Engagement • Workers' Compensation Administration • Liability Program and Claims Administration o Self-Administered Program • Employee Development & Training • Benefits Administration • Risk Management Program Administration • Recruitment and Selection • Classification and Compensation • Serve as a key member of the City's Management Team HUMAN RESOURCES & RISK MANAGEMENT DIVISION MANAGER CITY OF MONROVIA I DECEMBER 2010 -JUNE 2015 Plan, lead, organize, coordinate and preform all functions of the City's Human Resources and Risk Management Department and serve as a key member of the City's Management Team. As a member of the Executive Management Team' collaborate to find solutions and establish best practices in support of excellent customer service and the organization's future. Lead in the administration of the City's human resources program, including recruitment and selection, classification and compensation, employee recognition, employee development and training, worker's compensation and liability claims administration, and risk management functions. Serve as an advisor to and in support of the City Manager, Department directors and all employees regarding human resource and risk management issues. Coach and develop human resources staff, establish best and modern practices to human resources systems, serve as chief negotiator in labor relations to three recognized employee bargaining units including Police, Fire and General 129 Page \2_ employees, Conduct and coordinate confidential administrative investigations and recommend appropriate level of discipline; handle most litigated matters. SENIORMANGMENT ANALYST CITY OF MONROVIA\ JULY 2008 -DECEMBER 2010 Continued to perform duties outlined under Management Analyst II while assuming additional responsibilities. Trained subordinate staff to assume some tasks during transition. Additional activities included assisting HR Director with contract negotiations; attended meetings with three barging units and prepared comprehensive reports; researched and recommended language changes for memorandums of understanding; prepared and administered several vendor contracts; reviewed and approved evidence of liability and workers' compensation insurance certificates submitted by vendors and permit applicants; worked on special projects as assigned by the HR Director. MANAGEMENT ANALYST II CITY OF MONROVIA\ MAY 2005 -JULY 2008 Conduct salary and benefit surveys and prepare detailed reports; administered employee benefit programs; prepared, maintained and processed various personnel documents, files and records; tabulated, prepared and analyzed various reports and made recommendations to Human Resources Director; assisted with liability and workers' compensation claims administration; interpreted and explained Personnel Rules and Regulations, Memoranda of Understanding, City Administrative Policies, and Municipal Codes to internal and external Customers; developed and prepared personnel and safety related policies and procedures; prepared and presented written and oral reports relating to various Human Resources and Risk Management related subjects; conducted and coordinated special studies, audits, and projects as requested by the Human Resources Director. Performed job analysis as needed; prepared, scheduled, coordinated and administered a variety of written employment examinations, including POST certified testing; conducted and coordinated training and development programs; made oral presentations to City Council, Management, and employee groups; assisted in the preparation of the department budget; coordinated and tracked city-wide performance evaluation program; coordinated and tracked damage to City property claims; participated on various city- wide focus groups; respond to inquiries and advised or provided assistance regarding personnel or risk management matters: performed Live Scan fingerprinting as needed; conducted recruitment activities, including examination, interview and background processing; coordinated and processed employee leave requests; coordinated Safety /Wellness Program; prepared and ensured compliance with all Sate and Federal reporting requirements; reviewed, tracked and made recommendations on liability and workers' compensation insurance certificates submitted by vendors and permit applicants; developed and evaluated subordinate staff. HUMAN RESCOURECES TECHNICIAN CITY OF MONROVIA\ JUNE 2001-MAY 2005 Performed a variety of specialized technical and routine administrative duties related to various personnel and risk management functions, including recruitment and selection, benefit administration, classification and compensation studies, preparation and maintenance of various correspondence, including staff reports for City Council; maintain department files; assist with workers' compensation and liability claims administration, assist with supervision of subordinate staff. Respond to inquiries from employees, the public and other agencies regarding personnel and/or risk management matters; administration of Safety /Wellness Program; prepare all State and Federal compliance reports (EE0-4, OSHA 300,etc) 130 ADMINISTRATIVE SECRETARY (PUBLIC WORKS DEPARTMENT) CITY OF MONROVIA I OCTOBER 1997 -JUNE 2001 Page 13 Performed a variety of complex secretarial and routine administrative tasks in support of the Director of Public Works and five Division Managers. Supervised and evaluated subordinate clerical staff; reviewed and edited staff reports; developed and typed various correspondence; responded to inquiries from employees and public; in-depth knowledge of public works policies, procedures and events; prepared department payroll and maintained department personnel and general files: assisted with annual budget preparation; took minutes and prepared agenda and minutes of Traffic Safety Committee; maintained petty cash and department expense journal; assisted with bid document preparation and noticing. ADMINISTARIVE CLERK II (PUBLIC WORKS DEPARTMENT) CITY OF MONROVIA I FEBRUARY 1997 -OCTOBER 1997 Preformed a variety of general clerical work, including preparation of various documents; processed department invoices for payment; prepared annual purchase orders for five divisions; update departmental policies and procedures; dispatched public works crews to calls for service; assisted with preparation and noticing of various bids; compiled reports; assisted with public works permit process; updated and maintained department filing system. EDUCATION California State Polytechnic University, Pomona Master of Public Administration Degree, 2012 California State Polytechnic University, Pomona Bachelor of Science Degree, Business Administration, 2009 Emphasis in Human Resource Management AFFILIATIONS/ORGANIZATIONS • Independent Cities Risk Management Authority o Governing Board Member 2004 -June 2015 o Claims Committee Chairperson 2013 -June 2015 • Southern California Public Management Association-HR o Treasurer-2006-2008 o Board Member 2005-2008 • Public Agency Risk Managers Association • California Public Employees Labor Relations Association • Southern California Public Labor Relations Council • Council of Self-Insured Public Agencies REFRENCES Professional references available upon request. City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-008 MEETING DATE:1/16/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager PREPARED BY:Theresa St. Peter, Interim Director of Human Resources Subject: Adopt Resolution 2024-04 Modifying the Non-Elected Non-Represented Employee Pay Schedule to Amend the Compensation for the Assistant City Manager, Fire Chief, and Police Chief effective Fiscal Year 23/24 through Fiscal Year 26/27 Statement of Issue: The classifications of Assistant City Manager, Fire Chief and Police Chief all share the same salary range to maintain salary parity within these positions. Recently salary and benefit increases were granted to both the Fire Management Association (FMA) and the Police Management Association (PMA). To maintain salary parity between these bargaining units and their respective department directors, a corresponding salary increase is recommended for the above classifications. Financial Impact: The total projected cost to increase the salary range and corresponding salaries for the Assistant City Manager, Fire Chief and Police Chief is $75,031 in FY 2023/24; $177,130 in FY 2024/25; $232,365 in FY 2025/26; and $275,261 in FY 2026/27. The cost of the contract is estimated to total $329,106 annually once fully phased in beginning FY 2028/29. Recommended Action: A) Adopt Resolution 2024-04, “A Resolution of the City Council of the City of Huntington Beach Modifying the Non-Elected Non-Represented Employees Pay Schedule to Amend the Compensation for the Assistant City Manager, Fire Chief, and Police Chief effective Fiscal Year 23/24 through Fiscal Year 26/27”; and B)Authorize City Manager or designee to take all administrative and budgetary actions necessary to implement Resolution No. 2024-04. Alternative Action(s): Do not adopt Resolution No. 2024-04 modifying the salary range for certain Non-Associated Appointed Executive Management employees. City of Huntington Beach Printed on 1/10/2024Page 1 of 2 powered by Legistar™131 File #:24-008 MEETING DATE:1/16/2024 Analysis: City Council recently approved successor Memoranda of Understanding for both the FMA and PMA resulting in salary increases for members of these bargaining units. In order to maintain a twenty percent (20%) salary spread between the top step for FMA members and the Fire Chief, a salary increase is necessary. This salary increase would also apply to both the Assistant City Manager and the Police Chief as these classifications are considered to be equal within the classification hierarchy structure for the City of Huntington Beach. To maintain salary parity throughout the term of the current FMA MOU, the Non-Associated salary tables for FY 23/23, FY 24/25, and FY 26/27 should be adjusted accordingly. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Resolution No. 2024-04 2. Non-Associated Salary Tables FY 23/24, FY 24/25, and FY 26/27 City of Huntington Beach Printed on 1/10/2024Page 2 of 2 powered by Legistar™132 133 RESOLUTION NO. 2024-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING THE NON-ELECTED NON-REPRESENTED EMPLOYEES PAY SCHEDULE TO AMEND THE COMPENSATION FOR THE ASSISTANT CITY MANAGER, POLICE CHIEF AND FIRE CHIEF EFFECTIVE FISCAL YEAR 23/24 THROUGH FISCAL YEAR 26/27 WHEREAS, the City Council of the City of Huntington Beach desires to modify the salary for non-elected, non-represented employees upon adoption of this resolution; WHEREAS, The City Council of the City of Huntington Beach adopted Resolution No. 2023-32Restricted2, modifying salary and benefits for the Police Management Association (PMA); WHEREAS, the City Council of the City of Huntington Beach adopted Resolution No. 2024-01, modifying the salary and benefits for the Fire Management Association, (FMA); and WHEREAS, to maintain parity between PMA and FMA salaries and those of higher level executive staff · ' NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1. Effective January 6, 2024, the salary range for the Assistant City Manager, Fire Chief and Police Chief shall be modified as reflected in Exhibit lA, attached hereto and incorporated by this reference. SECTION 2. Effective January 1, 2025, the salary range for Assistant City Manager, Fire Chief and Police Chief shall be modified as reflected in Exhibit lB, attached hereto and incorporated by thi s reference. SECTION 3. Effective January 1, 2026, the salary range for Assistant City Manager, Fire Chief and Police Chief shall be modified as reflected in Exhibit 1 C, attached hereto and incorporated by this reference. All other benefits and salary ran ges established and reflected in the Non-Associated Employees Pay and Benefits Resolution Nos. 2022-09 and 2022-24 shall continue unl ess modified by City Council action. 134 RESOLUTION NO. 2024-04 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a .. regular meeting thereof held on the 16th day of January, 2023. REVIEWED AND APPROVED Interim City Manager Resources 2 Mayor INITIATED AN D APPROVED --n~MQC ~ ?-e\ C'>, Interim Director of Human Starting Point Control Point High Point Job No Description Pay Range ABCDE F G 0591 City Manager NA0591 Per Contract 139.86 153.85 0029 Interim City Manager 289 98.36 103.28 108.44 113.87 119.56 125.54 131.82 0925 Interim City Manager/Police Chief NA0591 Per Contract 153.85 0592 Assistant City Manager 293 102.36 107.47 112.85 118.49 124.42 130.64 137.17 0015 Fire Chief 293 102.36 107.47 112.85 118.49 124.42 130.64 137.17 0011 Police Chief 293 102.36 107.47 112.85 118.49 124.42 130.64 137.17 0518 Chief Financial Officer 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0479 Chief Information Officer 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0589 Community Development Director 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0574 Director of Human Resources 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0801 Director of Community & Library Services 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0010 Director of Public Works 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0593 Chief Assistant City Attorney 267 79.02 82.98 87.12 91.48 96.05 100.86 105.90 0778 Director of Homelessness & Behavioral Health Services 258 72.26 75.87 79.66 83.64 87.83 92.22 96.83 0845 Deputy Director of Public Works 258 72.26 75.87 79.66 83.64 87.83 92.22 96.83 0900 Assistant Chief Financial Officer 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0850 Deputy Director of Administrative Services 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0855 Deputy Director of Community & Library Services 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0840 Deputy Director of Community Development 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0779 Deputy City Manager 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0906 Deputy City Treasurer 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0699 Deputy Community Prosecutor 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 *Per Resolution No. 2024-04 adopted January 16, 2024, the range for the Assistant City Manager, Fire Chief and Police Chief were amended. EXHIBIT 1A NON-ASSOCIATED APPOINTED EXECUTIVE MANAGEMENT SALARY SCHEDULE Effective January 6, 2024* EXECUTIVE MANAGEMENT DEPARTMENT HEADS CONTRACT NON-DEPARTMENT HEADS 135 Starting Point Control Point High Point Job No Description Pay Range ABCDE FG 0591 City Manager NA0591 Per Contract 139.86 153.85 0029 Interim City Manager 289 98.36 103.28 108.44 113.87 119.56 125.54 131.82 0925 Interim City Manager/Police Chief NA0591 Per Contract 153.85 0592 Assistant City Manager 297 106.51 111.84 117.43 123.30 129.47 135.94 142.74 0015 Fire Chief 297 106.51 111.84 117.43 123.30 129.47 135.94 142.74 0011 Police Chief 297 106.51 111.84 117.43 123.30 129.47 135.94 142.74 0518 Chief Financial Officer 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0479 Chief Information Officer 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0589 Community Development Director 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0574 Director of Human Resources 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0801 Director of Community & Library Services 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0010 Director of Public Works 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0593 Chief Assistant City Attorney 267 79.02 82.98 87.12 91.48 96.05 100.86 105.90 0778 Director of Homelessness & Behavioral Health Services 258 72.26 75.87 79.66 83.64 87.83 92.22 96.83 0845 Deputy Director of Public Works 258 72.26 75.87 79.66 83.64 87.83 92.22 96.83 0900 Assistant Chief Financial Officer 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0850 Deputy Director of Administrative Services 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0855 Deputy Director of Community & Library Services 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0840 Deputy Director of Community Development 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0779 Deputy City Manager 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0906 Deputy City Treasurer 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0699 Deputy Community Prosecutor 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 EXHIBIT 1B NON-ASSOCIATED APPOINTED EXECUTIVE MANAGEMENT SALARY SCHEDULE Effective January 1, 2025* *Per Resolution No. 2024-04 adopted January 16, 2024, the range for the Assistant City Manager, Fire Chief and Police Chief were amended. EXECUTIVE MANAGEMENT DEPARTMENT HEADS CONTRACT NON-DEPARTMENT HEADS 136 Starting Point Control Point High Point Job No Description Pay Range ABCDE FG 0591 City Manager NA0591 Per Contract 139.86 153.85 0029 Interim City Manager 289 98.36 103.28 108.44 113.87 119.56 125.54 131.82 0925 Interim City Manager/Police Chief NA0591 Per Contract 153.85 0592 Assistant City Manager 301 110.84 116.38 122.20 128.31 134.72 141.46 148.53 0015 Fire Chief 301 110.84 116.38 122.20 128.31 134.72 141.46 148.53 0011 Police Chief 301 110.84 116.38 122.20 128.31 134.72 141.46 148.53 0518 Chief Financial Officer 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0479 Chief Information Officer 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0589 Community Development Director 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0574 Director of Human Resources 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0801 Director of Community & Library Services 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0010 Director of Public Works 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0593 Chief Assistant City Attorney 267 79.02 82.98 87.12 91.48 96.05 100.86 105.90 0778 Director of Homelessness & Behavioral Health Services 258 72.26 75.87 79.66 83.64 87.83 92.22 96.83 0845 Deputy Director of Public Works 258 72.26 75.87 79.66 83.64 87.83 92.22 96.83 0900 Assistant Chief Financial Officer 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0850 Deputy Director of Administrative Services 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0855 Deputy Director of Community & Library Services 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0840 Deputy Director of Community Development 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0779 Deputy City Manager 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0906 Deputy City Treasurer 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0699 Deputy Community Prosecutor 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 EXHIBIT 1C NON-ASSOCIATED APPOINTED EXECUTIVE MANAGEMENT SALARY SCHEDULE Effective January 1, 2026* *Per Resolution No. 2024-04 adopted January 16, 2024, the range for the Assistant City Manager, Fire Chief and Police Chief were amended. DEPARTMENT HEADS CONTRACT NON-DEPARTMENT HEADS EXECUTIVE MANAGEMENT 137 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-1074 MEETING DATE:1/16/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Travis K. Hopkins, Assistant City Manager PREPARED BY:Theresa St. Peter, Interim Human Resources Director Subject: Adopt Resolution No. 2024-01 approving and implementing the Memorandum of Understanding between the Huntington Beach Fire Management Association (FMA) and the City of Huntington Beach for January 1, 2024, through December 31, 2026; and authorize appropriation of funds Statement of Issue: The MOU between the Huntington Beach FMA and the City expired on December 31, 2023. The City and FMA engaged in good-faith negotiations, ultimately reaching agreement on terms in November 2023 on a three-year contract covering the period of January 1, 2024, through December 31, 2026. The MOU was approved for introduction at the December 19, 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 FMA, the total projected cost of the labor agreement as estimated by the Finance Department is approximately $153,771 for Fiscal Year (FY) 2023/24; $231,341 in FY 2024/25, $138,408 in FY 2025/26, and $60,188 in FY 2026/27. Additional budget increases of $24,837 in FY 2023/24, $36,381 in FY 2024/25, $21,001 in FY 2025/26, and $9,351 in FY 2026/27 are also estimated to account for impacts to overtime costs related to the agreement. The ongoing cost of the contract, including estimated impacts to overtime and cost increases to the City's CalPERS expenses, is estimated to total $728,630 annually beginning in FY 2027/28. Recommended Action: A) Adopt Resolution No. 2024-01, “A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Fire Management Association and the City of Huntington Beach for the period January 1, 2024, and December 31, 2026; and, B) Authorize City Manager or designee to take all administrative and budgetary actions necessary City of Huntington Beach Printed on 1/10/2024Page 1 of 3 powered by Legistar™138 File #:23-1074 MEETING DATE:1/16/2024 for implementation of Resolution No. 2024-01. Alternative Action(s): Do not adopt Resolution No. 2024-01 approving the successor MOU for FMA employees and direct staff to continue to (1) meet and confer with FMA, or (2) utilize the impasse procedures contained within the City’s Employer-Employee Relations Resolution. Analysis: The FMA represents eight (8) City employees. Starting in September 2023, representatives for the City and FMA engaged in active negotiations on a new labor agreement, ultimately reaching a tentative agreement on contract terms for a 3-year period in November 2023. The MOU was approved for introduction at the December 19, 2023, City Council Meeting and is now ready for consideration for approval by City Council. Key changes in the proposed MOU include the following: ·Term: The Agreement shall be effective January 1, 2024, through December 31, 2026. ·Classification and Compensation Survey: A Citywide classification and compensation survey was conducted in FY 2021/22. As a result of the survey, the classification of Deputy Fire Chief was created. Job descriptions describing duties and requirements for this classification as well as Fire Division Chief and Fire Battalion Chief were amended. However, the no salary adjustments were made at that time. As a result, the salary range for Fire Division Chief was equal to that of the lower-level Fire Battalion Chief. Therefore, a ten percent (10%) spread above top step salary was established between each of these classifications. ·Salary increases: Effective January 6, 2024, employees will receive a base salary increase of six percent (6%). Effective the first pay period of January 2025, employees will receive a base salary increase of four percent (4%). Effective the first pay period of January 2026, employees will receive a base salary increase of four percent (4%). ·Performance bonus: Effective January 6, 2024, Section VB will be removed from the FMA MOU. ·Education Incentive Pay: Effective January 6, 2024, employees who possess a Bachelor's degree shall receive education incentive pay at the rate of two percent (2%) of their base salary. Effective January 6, 2024, employees who possess a Master’s Degree or have successfully completed the United States Fire Administration Executive Fire Officer Program (EFOP) shall receive education incentive pay at the rate of four percent (4%) of their base salary. Effective the first pay period of January 2025, employees who possess a Bachelor's degree shall receive education incentive pay at the rate of three percent (3%) of their base salary. Effective the first pay period of January 2025, employees who possess a Master’s degree or have successfully completed the United States Fire Administration Executive Fire Officer Program (EFOP) shall receive education incentive pay at the rate of six percent (6%) of their base salary. ·Strike Team Leader Pay: Effective January 6, 2024, this language will be amended to allow employees to receive one percent (1%) of their base salary once they complete the required City of Huntington Beach Printed on 1/10/2024Page 2 of 3 powered by Legistar™139 File #:23-1074 MEETING DATE:1/16/2024 prerequisites rather than waiting until they receive the associated certification. ·Longevity Pay: Effective January 6, 2024, longevity pay for employees with a minimum of twenty (20) years of service shall be increased from seven and one-half percent (7.5%) to nine percent (9%). ·Health and Other Insurance Benefits: Effective January 6, 2024, the City shall increase monthly contributions for medical insurance for single, two-party, and family to $859.00, $1,728.00, and $2,201.00 for an increase of $89.84, $235.72 and $339.84, respectively. Effective January 2025, the City shall increase monthly contributions for medical insurance for single, two-party, and family to $892.00, $1,794.00, and $2 ,285.00 for an increase of $33.00, $66.00, and $84.00, respectively. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Summary of MOU Modifications 2. Resolution No. 2024-01 3. Proposed MOU between the FMA and the City of Huntington Beach 4. Fiscal Impact Report 5. Power Point Presentation City of Huntington Beach Printed on 1/10/2024Page 3 of 3 powered by Legistar™140 ARTICLE SUBJECT PROPOSAL I Term of MOU January 1 through December 31, 2026 V (new)Classification Adjustment A Citywide Class and Comp Study was conducted in FY 21/22. As a result, the class of Deputy Fire Chief was created. Salary adjustments were not made at that time. Job laddering creates a 10% salary spread between the Fire Battalion Chief and the Fire Division Chief and between the Fire Division Chief and the Deputy Fire Chief. V(A)Salary Schedule and Retirement 1/6/24 ‐ 6% salary increase; 1/1/25 ‐ 4% salary increase; and 1/1/26 ‐ 4% salary increase V(B)Performance Bonus Deleted from MOU VI C Education Incentive Pay 1/6/24 ‐ Employees who possess a BA degree receive 2%; 1/1/25 ‐ Employees who possess a BA degree receive 3%; 1/6/24 ‐ Employees who possess a MA degree or EFOP receive 4%; 1/1/25 ‐ Employees who possess a MA degree or EFOP receive 6% VI E Strike Team Leader Pay 1/6/24 ‐ Employees who complete ICS training courses receive 1% VI F Longevity Pay 1/6/24 ‐ Increased pay for 20 years of service from 7.7% to 9% IX Health and Other Insurance Benefits Increase to City monthly medical contributions as follows: 1/6/24 ‐ Single ‐ $859; 2‐party ‐ $1728; Family ‐ $2201; 1/1/25 ‐ Single ‐ $892; 2‐party ‐ $1794; Family ‐ $2285 CITY OF HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TENTATIVE AGREEMENT NOVEMBER 28, 2023 141 142 RESOLUTION NO. 2024-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION (FMA) AND THE CITY FOR JANUARY 1, 2024 THROUGH DECEMBER 31, 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 Fire Management Association (FMA), 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 January 1, 2024 through December 31, 2026. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of January 2024. Mayor REVIEWED AND APPROVED: Interim City Manager INITIATED AND APPROVED: ----TLALl c_~\_~~\ Interim Human Resources Director 23-13895/328081 Memorandum of Understanding Between Huntington Beach Fire Management Association And City of Huntington Beach January 1, 2024 – December 31, 2026 143 MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS FMA MOU January 1, 2024 through December 31, 2026 Page i PREAMBLE 1 ARTICLE II – REPRESENTATIONAL UNIT 1 ARTICLE III – SEVERABILITY 2 ARTICLE IV – MANAGEMENT RIGHTS 2 ARTICLE V – SALARY SCHEDULES AND RETIREMENT 2 A. Salary Adjustments ................................................................................................... 2 B. California Public Employees’ Retirement System (CalPERS) Pick-up ................ 3 C. Self-Funded Supplemental Retirement Benefit .................................................... 4 D. Medical Insurance Upon Retirement .................................................................... 5 E. CalPERS Additional Benefits .................................................................................... 5 F. Direct Deposit ............................................................................................................ 6 ARTICLE VI –ADDITIONAL MANAGEMENT BENEFITS 6 A. Holiday Pay-In-Lieu ................................................................................................... 6 B. Bilingual Skill Pay ........................................................................................................ 7 C. Education Pay ……………………………………………………………………………7 D. Emergency Medical Technician Pay .................................................................... 8 E. Strike Team Leader Pay ........................................................................................... 9 F. Longevity Pay ............................................................................................................ 9 ARTICLE VII – UNIFORMS 10 ARTICLE VIII – WORK SCHEDULE/COMPENSATORY PAY/TIME OFF 10 A. Work Schedule ........................................................................................................ 10 B. Overtime .................................................................................................................. 10 C. Compensatory Pay/Overtime .............................................................................. 11 1. Pay Rate.............................................................................................................. 11 2. Prior approval to accrue compensatory time/overtime ............................ 11 3. Description of Compensatory Pay Benefits ................................................... 11 ARTICLE IX – HEALTH AND OTHER INSURANCE BENEFITS 12 A. Health ....................................................................................................................... 12 1. Effective Date of Coverage ............................................................................ 12 144 MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS FMA MOU January 1, 2024 through December 31, 2026 Page ii 2. California Public Employees’ Retirement System (CalPERS) Public Employees' Medical and Hospital Care Act (PEMHCA) .................................. 12 3. Dental Insurance ............................................................................................... 13 Table 1. FMA Health Contributions Effective January 6, 2024 ............................... 14 Table 2. FMA Health Contributions Effective January 1, 2023-5 14 4. Retiree (Annuitant) Coverage ........................................................................ 14 5. Additional Costs for Participation in the PEMHCA Program ....................... 15 6. Medical Opt-Out ............................................................................................... 16 B. Section 125 Employee Plan ................................................................................... 17 C. Life and Accidental Death and Dismemberment ............................................ 17 D. Long Term Disability Insurance ............................................................................. 17 E. Retiree Medical Trust (RMT) ................................................................................... 18 F. Miscellaneous .......................................................................................................... 19 1. City Paid Premiums While on Medical Disability ........................................... 19 2. Insurance and Benefits Advisory Committee ............................................... 20 3. Health Plan Over-Payments ............................................................................. 20 ARTICLE X - LEAVE BENEFITS 21 A. General Leave ........................................................................................................ 21 1. Accrual................................................................................................................ 21 2. Eligibility and Approval ..................................................................................... 21 3. Conversion to Cash ........................................................................................... 22 4. Transfer of the Value of General Leave at Separation ............................... 22 5. General Leave Pay at Separation for Employees Exempt from the Retiree Medical Trust ............................................................................................................ 22 B. Sick Leave ................................................................................................................ 23 1. Accrual................................................................................................................ 23 2. Credit ................................................................................................................... 23 3. Usage .................................................................................................................. 23 4. Family Sick Leave .............................................................................................. 23 5. Pay Off at Termination ...................................................................................... 23 C. Bereavement Leave .............................................................................................. 25 ARTICLE XI – CITY RULES 25 145 MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS FMA MOU January 1, 2024 through December 31, 2026 Page iii ARTICLE XII -- MISCELLANEOUS 25 A. Vehicle Policy .......................................................................................................... 25 B. Deferred Compensation Loan Program ............................................................. 26 C. Association Business ............................................................................................... 26 D. Modified Return To Work Policy ............................................................................ 26 E. Controlled Substance and Alcohol Testing ........................................................ 26 F. Grievance Hearing Officer Fees .......................................................................... 27 G. Employer-Employee Relations Resolution ........................................................... 27 H. Alternative Dispute Resolution Agreement ........................................................ 27 ARTICLE XIII - CITY COUNCIL APPROVAL 28 EXHIBIT A – SALARY SCHEDULE ..............................................................................29 EXHIBIT B – SERVICE CREDIT SUBSIDY ..................................................................32 EXHIBIT C – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ..........36 EXHIBIT D – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT ........................40 146 FMA MOU January 1, 2024 through December 31, 2026 Page 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (Herein Called CITY) AND THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION (Hereinafter Called ASSOCIATION) PREAMBLE WHEREAS, the City of Huntington Beach and the Huntington Beach Fire Management Association (FMA) have met and conferred in good faith with respect to salaries, benefits and other terms and conditions of employment for the employees represented by the Association. Except as expressly provided herein, the adoption of this Memorandum of Understanding (MOU) shall not change existing terms and conditions of employment, which have been established for the classifications represented by the Huntington Beach Fire Management Association. NOW THEREFORE, this Memorandum of Understanding is effective January 1, 2024, and expiring on December 31, 2026. This MOU constitutes the entire agreement of the parties as to the changes in wages, hours, and other terms and conditions of employment of employees covered hereunder for the term hereof. ARTICLE II – REPRESENTATIONAL UNIT It is recognized that the Huntington Beach Fire Management Association is the employee organization which has the right to meet and confer in good faith with the City on behalf of represented employees of the Huntington Beach Fire Department within the classification titles of Deputy Fire Chief, Fire Division Chief, Fire Battalion Chief, Marine Safety Division Chief, as outlined in Exhibit A attached hereto and incorporated herein. 147 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 2 ARTICLE III – SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this MOU or any additions or amendments thereof, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution or its application to other persons. The City Council hereby declares that it would have adopted this MOU and each section, subsection, sentence, clause, phrase or portion, and any additions or amendments thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions, or the application thereof to any person, be declared invalid or unconstitutional. ARTICLE IV – MANAGEMENT RIGHTS The City and the Fire Chief retain all rights, powers and authority to manage and direct the performance of fire services and the workforce, except as modified by the Memorandum of Understanding. The parties agree that the City has the right to unilaterally make decisions on all matters that are outside the scope of bargaining. Such matters include, but are not limited to, consideration of the merits, necessity, level or organization of fire services, staffing requirements, extra duty assignments, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, reasonable work and safety rules and regulations. ARTICLE V – SALARY SCHEDULES AND RETIREMENT A. Salary Adjustments 1. Effective January 6, 2024, employees shall receive a six percent (6%) increase to their base salary rate. 2. Effective the pay period including January 1, 2025, employees shall receive a four percent (4%) increase to their base salary rate. 3. Effective the pay period including January 1,2026, employees shall receive a four percent (4%) increase to their base salary rate. Employees shall be compensated at hourly rates by job code and pay grade during the term of this Agreement as set out in Exhibit A attached hereto and incorporated herein unless expressly provided for in other Articles of this Memorandum of Understanding. 148 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 3 B. California Public Employees’ Retirement System (CalPERS) Pick-up 1. The City shall provide all safety employees described as “classic members by the Public Employees’ Pension Reform Act of 2013 – “PEPRA” with that certain retirement program commonly known and described as the “3%” at age 50 plan” which is based on the retirement formula as set forth in the California Public Employees’ Retirement System (PERS), Section 21362.2 of the California Government Code, including the one- half continuance option (Government Code Sections 21624 and 21626) for safety employees and the Fourth Level of the 1959 survivor option for all employees as established by the California Public Employees’ Retirement System, Section 21571 of the California Government Code. 2. All “classic members” shall pay to PERS as part of the required member retirement contribution nine percent (9%) of pensionable income. a. Effective the beginning of the pay period that includes July 1, 2021, all “classic members” shall pay four percent (4%) additional compensation earnable as employer cost sharing, in accordance with Government Code Section 20516(f), for a total employee pension contribution of thirteen percent (13%). The parties agree that this cost sharing agreement shall continue after the expiration of this MOU unless/until otherwise negotiated to either an agreement (in a successor MOU) or the expiration of the impasse process by the parties. 3. The City has contracted with PERS to have retirement benefits calculated based upon the employee’s highest one year’s compensation, pursuant to the provisions of Section 20042 (highest single year). 4. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU. 5. The City provides the Pre-Retirement Optional Settlement 2W Death Benefit as set forth in California Government Code Section 21548 for all safety employees represented by the Association. 6. For “New Members” within the meaning of the California Public Employees’ Pension Reform Act of 2013 (PEPRA). 149 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 4 a. New Members shall be governed by the two and seven tenths percent at age 57 (2.7% @ 57) retirement formula set forth in Government Code section 7522.25(d). b. Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member. c. “New members” as defined by PEPRA shall contribute one half of the normal cost rate, as established by CalPERS. i. Effective the beginning of the pay period that includes July 1, 2021, all new members shall pay at least thirteen percent (13%) of pensionable compensation as their retirement contribution. If the required contribution per PEPRA (half the normal cost) is less than thirteen percent (13%), employees shall pay the difference between the required PEPRA contribution and thirteen percent (13%) as cost sharing per Government Code Section 20516(f). If the required PEPRA contribution is at least thirteen percent (13%) or more, new members will pay the required PEPRA contribution. The parties agree that this cost sharing agreement shall continue after the expiration of this MOU unless/until otherwise negotiated to either an agreement (in a successor MOU) or the expiration of the impasse process by the parties. 7. The City has adopted the CalPERS Resolution in accordance with IRS Code section 414(h)(2) to ensure that both the employee contribution and the City pickup of the required member contribution are made on a pre-tax basis. However, ultimately, the tax status of any benefit is determined by the law. C. Self-Funded Supplemental Retirement Benefit Employees hired prior to August 17, 1998, are eligible for the Self-Funded Supplemental Retirement Benefit, which provides that: 1. In the event an employee elects Option #1, #2, #2W, #3, #3W, or #4 of the Public Employees’ Retirement Law, the City shall pay the difference between such elected option and the unmodified allowance which the employee would have received for his/her life alone as provided in 150 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 5 California Government Code Sections 21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the employee, shall be payable by the City during the life of the employee, and upon that employee’s death, the City obligation shall cease. The method of funding this benefit shall be at the sole discretion of the City. This benefit is vested for employees covered by this agreement. 2. Employees hired on or after August 17, 1998, shall not be eligible for this benefit. D. Medical Insurance Upon Retirement As required by the Government Code, while the City is contracted with CalPERS to participate in the Public Employees' Medical and Hospital Care Act (PEMHCA) program, retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. CalPERS shall be the sole determiner of eligibility for retiree (annuitant) to participate in the PEMHCA program. The City’s requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the Association and the City or if the City elects to impose termination of its participation in the PEMHCA program, retirees (annuitants) shall no longer be eligible for City provided medical insurance. In the event that the City terminates its participation in the PEMHCA program, the retiree medical subsidy program in place in Resolution No. 2002-120 Exhibit B to the Memorandum of Understanding shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. E. CalPERS Additional Benefits 1. The City shall provide all “Classic” safety employees with the retirement program commonly known and described as the “3% at age 50 plan” which is based on the retirement formula as set forth in the California Public Employees’ Retirement Law, , Section 21362.2 of the California Government Code, including the one-half continuance option (Government Code Sections 21263 and 21263.1) for safety employees and the Fourth Level of the 1959 survivor option for all employees as 151 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 6 established by the California Public Employees’ Retirement Law, Section 21574 of the California Government Code. 2. The City shall continue to contract with CalPERS to have retirement benefits calculated based upon the employee’s highest one year’s compensation, pursuant to the provisions of Section 20042 (highest single year). 3. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU. 4. Employees shall be covered by the Pre-Retirement Optional Settlement 2W Death Benefit as provided in Government Code Section 21548. F. Direct Deposit All unit employees shall be required to utilize direct deposit of payroll checks. ARTICLE VI –ADDITIONAL MANAGEMENT BENEFITS A. Holiday Pay-In-Lieu Employees shall be compensated by the City in lieu of the ten (10) listed holidays at the rate of 3.0768 hours multiplied by the employee ’s hourly rate set forth in Exhibit A, payable each and every pay period. The following are the recognized legal holidays under this MOU: 1. New Year’s Day (January 1) 2. Martin Luther King’s Birthday (third Monday in January) 3. President’s Day (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veteran’s Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. Friday after Thanksgiving 10. Christmas Day (December 25) Any day declared by the President of the United States to be a national holiday, or by the Governor of the State of California to be a state holiday, 152 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 7 and adopted as an employee holiday by the City Council of Huntington Beach. Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. Employees designated by the Fire Chief who are required to work regular shifts on the above listed holidays as set forth in this Article, shall not be entitled to time off or additional pay. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5) Holiday Pay. B. Bilingual Skill Pay Employees whose bilingual skills are qualified, in accordance with the most current Huntington Beach Fire Department Organization Manual Policy D26, shall be paid an additional five percent (5%) of their base rate of pay in addition to their regular bi-weekly salary. In order to be qualified and certified for said compensation, employee's language proficiency will be tested and certified by the Administrative Services Director or designee. Basic conversational proficiency will be evaluated based on response to a scenario driven oral evaluation. Human Resources will notify candidates of the results of the oral evaluation. If the candidate’s attempt is unsuccessful, they may repeat the process in six (6) months’ time from the date of the previous exam. Bilingual skill pay shall begin the first day of the pay period following certification. The parties agree that to the extent permitted by law, Bilingual Skill Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium. C. Education Incentive Pay 1. Effective January 6, 2024, employees who possess a Bachelor’s of Science or Bachelor’s of Arts Degree shall receive education incentive pay of two percent (2%) of their base rate of pay. 153 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 8 2. Effective the first pay period including January 1, 2025, employees who possess a Bachelor’s of Science or Bachelor’s of Arts Degree shall receive education incentive pay of three percent (3%) of their base rate of pay. 3. Effective January 6, 2024, employees who have attained a Master’s Degree or successfully completed the United States Fire Administration Executive Fire Officer Program (EFOP) shall receive education incentive pay of four percent (4%) of their base rate of pay. 4. Effective the first pay period including January 1, 2025, employees who possess a Master’s Degree or successfully completed the United States Fire Administration Executive Fire Officer Program (EFOP) shall receive education incentive pay of six percent (6%) of their base rate of pay. 5. The City supports employee participation in the EFOP. The City w ill provide each participating employee, upon EFOP program acceptance, full payment of each required program course, time to attend the course for each required program year, and travel expense to attend the required course for each program year. 6. The parties agree there shall be no pyramiding of this special pay. Unit members shall only receive one (1) Education Incentive pay under this provision. 7. The parties agree that to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Educational Incentive Pay. D. Emergency Medical Technician Pay All employees in the unit who possess an Emergency Medical Technician (EMT) certification shall receive one and sixty-seven one hundredths percent (1.67%) of base rate of pay. The parties agree that to the extent permitted by law, Emergency Medical Technician (EMT) Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Emergency Medical Technician Pay. 154 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 9 E. Strike Team Leader Pay Effective January 6, 2024, employees who successfully complete the required Incident Command System (ICS) training courses as outlined in the California Incident Command Certification System (CICCS) Incident Qualifications Guide, will receive one percent (1%) of their base rate of pay. The parties agree that to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Educational Incentive Pay. F. Longevity Pay Effective January 6, 2024, all employees with the following full time, paid employment as a Firefighter shall receive the following longevity pay: 1. Five (5) years or more, but less than ten (10) years, of service shall receive longevity pay equal to 2.5% of base salary. 2. Ten (10) years or more, but less than twenty (20) years, of service shall receive longevity pay equal to 5% of base salary. 3. Twenty (20) years or more of service shall receive longevity pay equal to nine percent (9%) of base salary. There shall be no pyramiding of this special pay. Unit members may only receive one (1) longevity pay under this provision. The maximum amount of longevity pay that a member may receive is nine percent (9%). Volunteer, reserve, and part-time position time will not be factored into the total years of service under Longevity Pay. The parties agree that to the extent permitted by law, Longevity Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1) Longevity Pay. 155 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 10 ARTICLE VII – UNIFORMS The City agrees to provide uniforms to employees on active duty who are required to wear uniforms. For each eligible employee, the City will report to the CalPERS the average annual cost of uniforms provided by the City as special compensation in accordance with Title 2, California Code of Regulations, Section 571(a)(5). For employees who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms shall apply. For “new members” as defined by the Public Employees’ Pension Reform Act of 2013, the cost of uniforms will not be reported as compensation earnable to CalPERS. ARTICLE VIII – WORK SCHEDULE/COMPENSATORY PAY/TIME OFF A. Work Schedule 1. All twenty-four (24) hour shift employees shall work an average of fifty-six (56) hours per week pursuant to the current schedule of two (2) twenty- four (24) hour shifts in a two (2) day period with four (4) consecutive days off. Total hours worked in a calendar year will equal two thousand nine hundred and twelve (2912) hours. Effective July 1, 2021, the work period is a twenty-four (24) day work period consistent with Section 207(k) of the Fair Labor Standards Act (FLSA). 2. Administrative work schedules are to be forty (40) hours per week on a four (4) day workweek, ten (10) hours per day, twenty eight (28) day 7(K) FLSA work period. Total hours worked in a calendar year will equal two thousand eighty (2080) hours. 3. Hours worked shall be defined as actual time worked, approved vacation, sick leave, compensatory time off, bereavement leave, and industrial injury or illness leave, with the exception of exchange of shift does not count as hours worked. B. Overtime Effective Jul y 1, 2021, 24-hour shift employees shall earn 5.85 hours of half-time overtime per pay period. This equates to an additional 2.925 hours of additional base pay per pay period. Since the City considers these 156 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 11 employees to be overtime exempt under the FLSA, this additional pay is paid per the MOU. This additional pay is intended to compensate the employees for the hours they are regularly scheduled to work in each 24-day FLSA work period, which qualify as overtime according to Section 207(k). C. Compensatory Pay/Overtime 1. Pay Rate In addition to the overtime pay as provided in paragraph B above, all employees shall receive pay at the overtime rate (1 ½ times their regular rate) for hours worked in excess of regularly scheduled hours, unless the employee has “lost time” (defined as time when the employee does not work when regularly scheduled to do so and does not receive leave of absence with pay) in a regularly scheduled shift. If there is “lost time” in any regularly scheduled shift, the employee shall receive overtime pay for only those overtime hours worked in excess of the number of “lost time” hours in the bi-weekly pay period. 2. Prior approval to accrue compensatory time/overtime All employees must gain approval from the Fire Chief in advance of accruing compensatory time or receiving overtime pay for hours worked in excess of regularly scheduled hours. For approved compensatory time or overtime, employees working suppression or administrative duties, as approved by the Fire Chief, accrue compensatory time off or paid overtime at time and one half for hours worked in addition to their regular schedule, subject to the limitations contained in Article VII I.C.3. below. 3. Description of Compensatory Pay Benefits a. Compensatory pay is paid at the forty (40) hour hourly rate for each hour. b. Compensatory time earned can be converted to cash at the employee’s forty (40) hour hourly rate. c. Maximum accrual shall be one hundred sixty (160) hours. 157 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 12 ARTICLE IX – HEALTH AND OTHER INSURANCE BENEFITS A. Health The City shall continue to make available group medical, dental, and vision benefits to all Association employees. A copy of the medical, dental, and vision plan brochures may be obtained from the Human Resources Division. 1. Effective Date of Coverage An employee and eligible dependent(s) shall become eligible to participate in the City’s health insurance plans described herein. Effective the first of the month following the employee’s date of hire, any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates from employment. All employee contributions shall be deducted on a pre-tax basis. 2. California Public Employees’ Retirement System (CalPERS) Public Employees' Medical and Hospital Care Act (PEMHCA) The City presently contracts with CalPERS to provide medical coverage. The City is required under CalPERS PEMHCA to make a contribution to retiree medical premiums. A retiree’s right to receive a City contribution, and the City’s obligation to make payment on behalf of retirees, shall only exist as long as the City contracts with CalPERS for medical insurance, except as provided in Article VIII(4)(b). In addition, while the City is in CalPERS, its obligations to make payments on behalf of retirees shall be limited to the minimum payment required by law. a. PEMHCA Employer Contributions The City shall contribute on behalf of each employee the mandated minimum sum per month toward the payment of premiums for medical insurance under the PEMHCA program. As the mandated minimum is increased, the City shall make the appropriate adjustments by decreasing its flex benefits contribution accordingly as defined in the following sub-section. 158 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 13 b. Maximum Employer Contributions For the term of this agreement, the City’s maximum monthly employer contribution for each employee’s health and other insurance premiums are set forth as follows: i. The maximum City contribution shall be based on the employee’s enrollment in each plan. The parties agree that the mandated minimum PEMHCA contribution referenced above in paragraph 2a is included in the sums stated above in this sub-section. If the employee enrolls in a plan wherein the costs exceed the City contribution, the employee is responsible for all additional premiums through pre-tax payroll deductions. ii. Effective January 6, 2024, the City’s maximum monthly contribution shall be: Single - $859.00 Two Party - $1,728.00 Family - $2,201.00 iii. Effective the first pay period in January 2025, the City’s maximum monthly contribution shall be: Single - $892.00 Two Party - $1,794 Family - $2,285 iv. Any increase in premiums above the City’s 2025 contribution cap will be the responsibility of the employee. 3. Dental Insurance The annual maximum benefit for the Delta Dental PPO plan is $2000. a. Effective January 1, 2022, the maximum City contribution shall be equivalent to the premium for the Delta Dental PPO plan based on the employee’s enrollment of employee only (“EE”), employee plus one dependent (“EE+1”), or employee plus two or more dependents (“EE+2”). 159 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 14 b. Effective January 1, 2023, the City contribution shall not increase. Any increase in premiums above the City’s current contribution cap will be the responsibility of the employee. The City’s maximum monthly employer contributions for health and other insurance premiums are summarized in the tables below. The amounts are inclusive of the CalPERS statutory minimum amount. Table 1. FMA Health Contributions Effective January 6, 2024 Maximum City Contributions Tier Medical Dental PPO Dental HMO Vision Single 859.00 58.00 26.54 23.87 Two-Party $1,728.00 108.40 45.12 23.87 Family $2,201.00 142.90 69.01 23.87 Opt-out 745.83 - - - Table 2. FMA Health Contributions Effective January 1, 2023-5 Maximum City Contributions Tier Medical Dental PPO Dental HMO Vision Single 892.00 58.00 26.54 23.87 Two-Party 1,794.00 108.40 45.12 23.87 Family 2,285.00 142.90 69.01 23.87 Opt-out 769.16 - - - 4. Retiree (Annuitant) Coverage As required by the Government Code retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. The City’s requirement to provide retirees and/or annuitants medical coverage is solely governed by the Government Code requirement to extend this benefit to retirees (annuitants). While the City is contracted with CalPERS to participate in the PEMHCA program, CalPERS shall be the 160 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 15 sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. a. City Contribution (Unequal Contribution Method) for Retirees As allowed by the Government Code and the CalPERS Board, and requested by the Association, the City shall use the Unequal Contribution Method to make the mandated minimum allowable City contribution on behalf of each retiree or annuitant. b. Termination of Participation in the 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. 2002-120, Exhibit B, to the Memorandum of Understanding shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. 5. Additional Costs for Participation in the PEMHCA Program a. Retiree and/or Annuitant Coverage The Association shall pay to the City an amount equal to $1.00 per month for each additional retiree and/or annuitant in the bargaining unit who elects to participate in the PEMHCA plan but is not participating in the City sponsored retiree medical program as of the beginning of a pay period after the PEMHCA program is in place. Each January 1st the amount per month paid to the City for each retiree and/or annuitant described above shall increase by the 161 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 16 amount PEMHCA requires the City to pay on behalf of each retiree (annuitant). Article VIII (A) (4) (a) above provides an example of expected payments per retiree or annuitant per month. In the event of passage of state legislation, judicial rulings, or CalPERS board actions that increases the mandatory minimum monthly contribution for retirees (annuitants), the Association shall pay an equal amount to the City. Payments shall be made the first of the month (following implementation). If the Association fails to make timely payments for two consecutive months, the City shall implement a decrease in the supplemental benefit contribution to health insurance for each unit employee by an amount equal to the total increased cost paid by the City. (For example, if the increased cost for retirees equals $6,000 per year, the monthly supplemental benefit for each employee will be decreased as follows: $6,000 divided by twelve (months) = $500, which is then divided by the number of employees receiving supplemental benefits). b. Termination Clause The City and Association may each request termination of the City’s contract with CalPERS after the announcement of state legislation, judicial rulings, or a CalPERS board action that changes the employer’s contribution, insurance premiums or program changes to the CalPERS medical plan. The City and Association may elect to terminate its participation in the CalPERS PEMHCA program by mutual agreement through the meet and confer process between the Association and the City. 6. Medical Opt-Out If an employee is covered by a group health insurance outside of a City- provided program (evidence of which must be supplied to the Human Resources Division, as described below), the employee may elect to discontinue City health insurance coverage and receive as taxable compensation, the cash equivalent of the single-party maximum City contribution, paid bi-weekly. 162 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 17 This amount may be deposited into the employee’s deferred compensation account or any other pre-tax program offered by the City. In order to be eligible for the opt-out payment the employee must be able to demonstrate to the City’s satisfaction that they have minimum essential coverage as defined by the Affordable Care Act, (through another source other than coverage in the individual market, whether or not obtained through Covered California) and will not incur penalties under the ACA. B. Section 125 Employee Plan The City shall provide an Internal Revenue Code Section 125 employee plan that allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or medical expenses as determined by the Internal Revenue Code. C. Life and Accidental Death and Dismemberment Each employee shall be provided with $50,000 (fifty thousand) life insurance and $50,000 (fifty thousand) accidental death and dismemberment insurance paid for by the City. Each employee shall have the option, at their own expense, to purchase additional amounts of life insurance and accidental death and dismemberment insurance to the extent provided by the City’s current providers. Evidence of insurability is contingent upon total participation in additional amounts. D. Long Term Disability Insurance This program provides, for each incident of illness or injury, a waiting period of thirty (30) calendar days, during which the employee may use accumulated sick leave, general leave, or the employee may elect to be in a non-pay status. Subsequent to the thirty (30) day waiting period, the employee will be covered by an insurance plan paid for by the City, providing 66 2/3% (sixty six and two-third percent) of the first $12,500 (twelve thousand five hundred) of the employee’s basic monthly earnings. The maximum benefit period for disability due to accident or sickness shall be to age 65 (sixty-five). Days and months refer to calendar days and months. Benefits under the plan are integrated with sick leave, Worker’s Compensation, Social Security and 163 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 18 other non-private program benefits to which the employee may be entitled. Disability is defined as: “The inability to perform all of the duties of regular occupation during two years, and thereafter the inability to engage in any employment or occupation, for which he is fitted by reason of education, training or experience.” Rehabilitation benefits are provided in the event the individual, due to disability, must engage in another occupation. Survivor ’s benefit continues plan payment for three (3) months beyond death. A copy of the plan is on file in the Human Resources Division. E. Retiree Medical Trust (RMT) The City authorizes the FMA to participate in a retiree medical plan administered by the PORAC Retiree Medical Trust (“Retiree Medical Trust” or “RMT”), with the following conditions: 1. The City and FMA agree that the City shall not provide any contribution to the program. 2. Effective 10/01/2020, City shall withhold $100.00 per month for each represented employee. Thereafter, said withholding shall be in an amount as designated in writing by FMA. Deductions shall be made on the first two pay periods of each month. 3. The City shall withhold $100.00 per month on a pre-tax basis for each represented employee to participate in the program. The withholding amount could change and if it does, it shall be in an amount as designated in writing by the FMA and shall be applicable to each employee. Deductions shall be taken on the first two checks of each month. 4. 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). 5. FMA shall pay all associated expenses incurred to participate in this program. 6. Upon request, the FMA shall provide documentation to the City as follows: 164 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 19 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 FMA represented employees only; c. A copy of the current program document as well as any changes, amendments or written confirmation that there have been no changes to the employee medical welfare benefit trust fund program provider; d. Verification of the funds submitted to the PORAC Retiree Medical Trust; and e. A statement certifying that the submitted funds are only being utilized to provide employee welfare medical benefit trust funds for participating members including members of the FMA. 7. City shall pay the withheld funds to the PORAC Retiree Medical Trust biweekly. 8. All Federal and State laws regarding employee medical welfare benefit trust funds coverage shall be followed. 9. FMA agrees that it will indemnify and hold harmless the City as well as all direct or indirect successors, officers, directors, heirs, predecessors, assigns, agents, insurers, employees, attorneys, representatives, and each of them, past and present, from and against any claims, lawsuits, penalties, interest, taxes, or liability of any kind whatsoever, which may result from the qualified employee welfare benefit trust fund program. 10. The City hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust Office in regard to reporting and depositing the required contributions set forth above. The City will cooperate with the Trust in allowing a payroll audit for the purpose of ascertaining if the proper amount of contributions have been made. F. Miscellaneous 1. City Paid Premiums While on Medical Disability When an employee is off work without pay for reason of medical disability, the City shall maintain the City paid employee’s insurance premiums during the period the employee is in a non-pay status for the length of said leave, not to exceed twenty-four (24) months. 165 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 20 2. Insurance and Benefits Advisory Committee The City and the Association participate in a City-wide joint labor and management insurance and benefits advisory committee to discuss and study issues relating to insurance benefits available for employees. 3. Health Plan Over-Payments Unit employees shall be responsible for accurately reporting the removal of ineligible dependents from health plan coverage. The City shall have the right to recover any premium paid by the City, on behalf of ineligible dependents. Recovery of such over-payments shall be made as follows: a. Reduction of Employee’s Bi-Weekly Salary Warrant The employee’s bi-weekly salary warrant shall be reduced by one half (1/2) of the amount of the bi-weekly over-payment. Such reduction shall continue until the entire amount of the overpayment is recovered. b. Notice of Ineligible Dependents The City shall use its best efforts to advise all unit employees of their obligation to report changes in the status of dependents, which affect their eligibility. c. Twelve Month Recovery Period The City shall be entitled to recover a maximum of twelve (12) months of premium over-payments. Neither the employee nor the dependent shall be liable to the City other than as provided herein. 166 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 21 ARTICLE X - LEAVE BENEFITS A. General Leave 1. Accrual Employees accrue General Leave at the accrual rates outlined below. General Leave may be used for any purpose, including vacation, sick leave and personal leave. Employees shall accrue General Leave at their appropriate assigned work schedule rate, either forty (40) hour or fifty six (56) hour workweek. In the event of a change in work schedules, which must be at the beginning of a pay period, payroll shall change the accrued General Leave balance and accrual rate based on the new schedule using the conversion factor of .7143. Personnel who change from a fifty-six (56) hour schedule to a forty (40) hour schedule shall multiply the existing General Leave by .7143. Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their existing General Leave by .7143. Years of Service General Leave Accrual 40-Hour Rate General Leave Accrual 56-Hour Rate First through Fourth Year 176 Hours 246.4 Hours Fifth through Ninth Year 200 Hours 280.0 Hours Tenth through Fourteenth Year 224 Hours 313.6 Hours Fifteenth Year and Thereafter 256 Hours 358.4 Hours 2. Eligibility and Approval General Leave must be pre-approved; except for illness, injury or family sickness, which may require a physician’s statement for approval. Accrued General Leave may not be taken prior to six (6) months’ service except for illness, injury or family sickness. General Leave accrued time is to be computed from hiring date anniversary. Employees shall not be permitted to take General Leave in excess of actual time earned. Employees on a forty (40) hour schedule shall not accrue General Leave in excess of six hundred forty (640) hours; fifty-six (56) hour employees shall not accrue General Leave in excess of eight hundred and ninety six (896) hours. 167 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 22 General Leave accumulated in excess of six hundred forty (640) hours for forty (40) hour schedule employees and General Leave accumulated in excess of eight hundred and ninety-six (896) hours for fifty-six (56) hour employees shall be paid at the base hourly rate of pay, on the first pay day following such accumulation. Employees may not use their General Leave to advance their separation date on retirement or other separation from employment. 3. Conversion to Cash Twice during each fiscal year, each employee shall have the option to convert into a cash payment up to a total of one hundred twenty (120) hours of earned General Leave benefits. The employee shall give two (2) weeks advance notice of their desire to exercise such option. 4. 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 or to the Retiree Medical Trust outlined in Article IX, Section E, on a pre-tax basis. The value of 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 (to either deferred compensation or the Retiree Medical Trust) 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 Retiree Medical Trust 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 Retiree Medical Trust. 5. General Leave Pay at Separation for Employees Exempt from the Retiree Medical Trust Upon separation of employment, employees exempt from the Retiree Medical Trust shall be paid for unused General Leave a t their current regular rate of pay for all unused earned General Leave to which they are entitled up to and including the last day of employment. 168 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 23 B. Sick Leave 1. Accrual No employee shall accrue sick leave. 2. Credit Employees assigned to FMA shall carry forward their sick leave balance and shall no longer accrue sick leave credit. 3. Usage Employees may use accrued sick leave for the same purposes for which it was used prior to the employee’s assignment to FMA. 4. Family Sick Leave The City will provide family and medical care leave for eligible employees that meet all requirements of State and Federal law. Rights and obligations are set forth in the Department of Labor Regulations implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). 5. Pay Off at Termination a. Employees hired after November 20, 1978, shall be entitled to the following sick leave payoff plan: Upon termination, all employees shall be paid, at their then current forty (40) hour equivalent rate, for twenty -five percent (25%) of unused, earned sick leave to four hundred eighty (480) hours accrued, and for thirty-five percent (35%) of all unused, earned sick leave in excess of four hundred eighty (480) hours, but not to exceed seven hundred twenty (720) hours, except as provided in paragraph 4 below. b. Except as provided in paragraph 4 below, no employee shall be paid at termination for more than seven hundred twenty (720) hours of unused, accumulated sick leave. However, employees may 169 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 24 utilize accumulated sick leave on the basis of “last in, first out” meaning that sick leave accumulated in excess of the maximum for payoff may be utilized first for sick leave, as defined in Personnel Rule 18-8. c. Employees who had unused, accumulated sick leave in excess of seven hundred twenty (720) hours as of July 5, 1980, shall be compensated for such excess sick leave remaining on termination under the formulas described in paragraphs a and b above. In no event shall any employee be compensated upon termination for any accumulated sick leave in excess of the “cap” established by this paragraph (i.e., 720 hours plus the amount over seven hundred twenty (720) hours existing on July 5, 1980). Employees may continue to utilize sick leave accrued after that date in excess of such “cap” on a “last in, first out” basis. d. To the extent that any “capped” amount of excess sick leave over seven hundred twenty (720) hours is utilized, the maximum compensable amount shall be correspondingly reduced. (Example: Employee had one thousand (1,000) hours accumulated. Six months after July 5, 1980, employee has accumulated another forty eight (48) hours. Employee is then sick for one hundred (120) hours. Employee’s maximum sick leave “cap” for compensation at termination is now reduced by seventy two (72) hours to nine hundred twenty-eight (928) hours. e. Transfer of the Value of Sick Leave at Separation Upon separation of employment, the value of any unused sick leave, as determined in accordance with Section a-e above, will be transferred to either the employee’s deferred compensation account or to the Retiree Medical Trust on a pre-tax basis. f. Sick Leave Pay at Separation for Employees Exempt from the Retiree Medical Trust Upon separation of employment, employees exempt from the Retiree Medical Trust shall be paid for unused sick leave in accordance with Sections a-e above. 170 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 25 C. Bereavement Leave Employees assigned to the forty (40) hour work week shall be entitled to Bereavement Leave not to exceed thirty (30) work hours in each instance of death in the immediate family. Employees assigned to the fifty-six (56) hour work week for suppression assignments shall be entitled to Bereavement Leave not to exceed forty-eight (48) work hours in each instance of death in the immediate family. 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. ARTICLE XI – CITY RULES The City's Personnel Rules are incorporated into this Agreement by reference as though set forth in full. All City Personnel Rules shall apply to Association members, however, to the extent this MOU modifies the City’s Personnel rules, the Personnel Rules as modified will apply to Association members. ARTICLE XII -- MISCELLANEOUS A. Vehicle Policy 1. Approval is required by the City Manager or their designee for any City vehicle to be taken home by an employee. 2. The auto allowance for qualifying employees shall be one hundred sixty- one dollars and fifty-three cents ($161.53) bi-weekly. 3. The monthly automobile allowance shall not be reduced during the term of this agreement. 171 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 26 4. Eligibility for automobile allowance and the use of City vehicles shall be determined in accordance with the Administrative Regulation, Vehicle Use Policy and the City’s Fleet Management Program. 5. Only employees that reside within thirty-five (35) miles of the City’s limits may be assigned a City vehicle. An employee assigned a vehicle may be required to be able to report directly to work or any emergency situation, at the direction of the Fire Chief or their designee. Use of the assigned vehicle for more than minimal personal use is not authorized. Employees assigned a City vehicle pursuant to this section shall participate in the DMV Pull Notice program. B. Deferred Compensation Loan Program Employees may borrow up to fifty percent (50%) of their deferred compensation funds for critical needs, such as medical costs, college tuition, or purchase of a home, pursuant to program standards and regulations. C. Association Business An allowance of fifty (50) hours per year shall be established for the purpose of allowing authorized representatives of the Association to represent employees in their employment relations. D. Modified Return To Work Policy The City and Association agree to meet and confer during the term of this agreement to establish a modified return to work policy for employees who experience an industrial or non-industrial injury or illness. E. Controlled Substance and Alcohol Testing The City maintains the right to conduct a controlled substance and/or alcohol test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace. 172 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 27 F. Grievance Hearing Officer Fees The City and Association agree that for any personnel matter, pursuant to Personnel Rules 19 and 20, whereby a hearing officer is mutually agreed upon to render an opinion, the hearing officer costs shall be shared equally by the City and Association. G. Employer-Employee Relations Resolution During the term of this agreement, the City and the Association agree to meet and confer to update the Employer Employee Relations Resolution to reflect current state law. H. Alternative Dispute Resolution Agreement The Alternative Dispute Resolution (ADR) agreement between the City and FMA as executed on April 1, 2013, and amended on December 16, 2019, is herein referenced as Exhibit D. 173 FIRE MANAGEMENT ASSOCIATION FMA MOU January 1, 2024 through December 31, 2026 Page 28 ARTICLE XIII - CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or effect whatsoever unless and until adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this ____ day of ____________, 2024. HUNTINGTON BEACH CITY OF HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION Eric Parra Martin Ortiz City Manager FMA President Travis Hopkins Jeff Lopez Assistant City Manager FMA Vice President Theresa St. Peter Interim Human Resource Director Scott Haberle Fire Chief APPROVED AS TO FORM: Michael Gates City Attorney 174 FIRE MANAGEMENT ASSOCIATION EXHIBIT A – SALARY SCHEDULE FMA MOU January 1, 2024 through December 31, 2026 Page 29 FMA PAY SCHEDULE EFFECTIVE 01-06-2024 40 Hour Rate (Hourly) Job No Job Description Range A B C D E F G 0031 Fire Battalion Chief 254 69.44 72.91 76.55 80.38 84.40 88.62 93.05 0032 Marine Safety Division Chief 254 69.44 72.91 76.55 80.38 84.40 88.62 93.05 0026 Fire Division Chief 264 76.70 80.54 84.56 88.79 93.23 97.89 102.79 0812 Fire Deputy Chief 274 84.72 88.96 93.41 98.08 102.98 108.13 113.54 56 Hour Rate (Hourly) Job No Job Description Range A B C D E F G 0031 Fire Battalion Chief 254 49.60 52.08 54.68 57.41 60.29 63.30 66.46 0032 Marine Safety Division Chief 254 49.60 52.08 54.68 57.41 60.29 63.30 66.46 0026 Fire Division Chief 264 54.79 57.53 60.40 63.42 66.59 69.92 73.42 0812 Fire Deputy Chief 274 60.52 63.54 66.72 70.06 73.56 77.24 81.10 Monthly Rate Job No Job Description Range A B C D E F G 0031 Fire Battalion Chief 254 12,035.52 12,637.30 13,269.16 13,932.62 14,629.25 15,360.71 16,128.75 0032 Marine Safety Division Chief 254 12,035.52 12,637.30 13,269.16 13,932.62 14,629.25 15,360.71 16,128.75 0026 Fire Division Chief 264 13,294.70 13,959.44 14,657.41 15,390.28 16,159.79 16,967.78 17,816.17 0812 Deputy Fire Chief 274 14,685.62 15,419.90 16,190.90 17,000.44 17,850.47 18,742.99 19,680.14 175 FIRE MANAGEMENT ASSOCIATION EXHIBIT A – SALARY SCHEDULE FMA MOU January 1, 2024 through December 31, 2026 Page 30 FMA PAY SCHEDULE EFFECTIVE 01-01-2025 40 Hour Rate (Hourly) Job No Job Description Range A B C D E F G 0031 Fire Battalion Chief 258 72.26 75.87 79.66 83.64 87.83 92.22 96.83 0032 Marine Safety Division Chief 258 72.26 75.87 79.66 83.64 87.83 92.22 96.83 0026 Fire Division Chief 268 79.81 83.81 88.00 92.40 97.02 101.87 106.96 0812 Fire Deputy Chief 278 88.16 92.57 97.20 102.06 107.17 112.52 118.15 56 Hour Rate (Hourly) Job No Job Description Range A B C D E F G 0031 Fire Battalion Chief 258 51.61 54.19 56.90 59.75 62.73 65.87 69.16 0032 Marine Safety Division Chief 258 51.61 54.19 56.90 59.75 62.73 65.87 69.16 0026 Fire Division Chief 268 57.01 59.86 62.85 66.00 69.30 72.76 76.40 0812 Fire Deputy Chief 278 62.97 66.12 69.43 72.90 76.55 80.37 84.39 Monthly Rate Job No Job Description Range A B C D E F G 0031 Fire Battalion Chief 258 12,524.21 13,150.42 13,807.94 14,498.34 15,223.26 15,984.42 16,783.64 0032 Marine Safety Division Chief 258 12,524.21 13,150.42 13,807.94 14,498.34 15,223.26 15,984.42 16,783.64 0026 Fire Division Chief 268 13,834.52 14,526.25 15,252.56 16,015.19 16,815.95 17,656.74 18,539.58 0812 Fire Deputy Chief 278 15,281.92 16,046.01 16,848.32 17,690.73 18,575.27 19,504.03 20,479.23 176 FIRE MANAGEMENT ASSOCIATION EXHIBIT A – SALARY SCHEDULE FMA MOU January 1, 2024 through December 31, 2026 Page 31 FMA PAY SCHEDULE EFFECTIVE 01-01-2026 40 Hour Rate (Hourly) Job No Job Description Range A B C D E F G 0031 Fire Battalion Chief 262 75.19 78.95 82.90 87.04 91.39 95.96 100.76 0032 Marine Safety Division Chief 262 75.19 78.95 82.90 87.04 91.39 95.96 100.76 0026 Fire Division Chief 272 83.06 87.21 91.57 96.15 100.95 106.00 111.30 0812 Fire Deputy Chief 282 91.74 96.33 101.15 106.21 111.52 117.09 122.95 56 Hour Rate (Hourly) Job No Job Description Range A B C D E F G 0031 Fire Battalion Chief 262 53.71 56.39 59.21 62.17 65.28 68.54 71.97 0032 Marine Safety Division Chief 262 53.71 56.39 59.21 62.17 65.28 68.54 71.97 0026 Fire Division Chief 272 59.33 62.29 65.41 68.68 72.11 75.72 79.50 0812 Fire Deputy Chief 282 65.53 68.81 72.25 75.86 79.65 83.64 87.82 Monthly Rate Job No Job Description Range A B C D E F G 0031 Fire Battalion Chief 262 13,032.75 13,684.38 14,368.60 15,087.03 15,841.38 16,633.45 17,465.12 0032 Marine Safety Division Chief 262 13,032.75 13,684.38 14,368.60 15,087.03 15,841.38 16,633.45 17,465.12 0026 Fire Division Chief 272 14,396.26 15,116.07 15,871.88 16,665.47 17,498.74 18,373.68 19,292.36 0812 Fire Deputy Chief 282 15,902.43 16,697.55 17,532.42 18,409.05 19,329.50 20,295.97 21,310.77 177 FIRE MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY FMA MOU January 1, 2024 through December 31, 2026 Page 32 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 178 FIRE MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY FMA MOU January 1, 2024 through December 31, 2026 Page 33 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 $120 (one hundred twenty). Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. 6. Service Credit Subsidy Payment shall not exceed dollar amount, which is equal to the qualified medical expenses incurred for the purchase of City sponsored medical insurance. 7. Maximum Monthly Service Credit Subsidy Payments All retirees, including those retired as a result of disability whose number of years of service exceeds ten (10) continuous years of regular (permanent) service immediately prior to retirement shall be entitled to a maximum monthly Service Credit Subsidy by the City for each year of completed City service as follows: 179 FIRE MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY FMA MOU January 1, 2024 through December 31, 2026 Page 34 Maximum Service Credit Subsidy Retirements After: Years of Service Service Credit Subsidy 10 $ 120 11 135 12 150 13 165 14 180 15 195 16 210 17 225 18 240 19 255 20 270 21 285 22 299 23 314 24 329 25 344 The Service Credit Subsidy will be reduced every January 1st by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). Article VIII(A)(4)(a) provides an example of expected reductions per retiree per month. 8. Medicare a. All persons are eligible for Medicare coverage at age 65. Those with sufficient credited quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age 65, but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, the participant pays for Part B of Medicare. b. When a retiree and 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. 180 FIRE MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY FMA MOU January 1, 2024 through December 31, 2026 Page 35 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. 181 FIRE MANAGEMENT ASSOCIATION EXHIBIT C – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM FMA MOU January 1, 2024 through December 31, 2026 Page 36 Guidelines 1. Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either; return to work, long-term disability, or medical retirement. Employees who accrue Vacation, General Leave or Exempt Compensatory Time may donate such leave to another employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of Vacation, General, or Sick Leave. 2. Definitions Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the employee or an employee's family member. Family Member - For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave Accrued Exempt Compensatory Time, Vacation or General Leave hours may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours. 4. Eligibility Permanent employees who accrue Vacation or General Leave may donate such hours to eligible recipients. Exempt Compensatory Time accrued may also be donated. An eligible recipient is an employee who: • Accrues Vacation or General Leave; • Is not receiving disability benefits or Workers' Compensation payments; and • Requests donated leave. 5. Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's salary 182 FIRE MANAGEMENT ASSOCIATION EXHIBIT C – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM FMA MOU January 1, 2024 through December 31, 2026 Page 37 during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient’s hourly wage. An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. Employees wanting to make donations will submit an Authorization for Donation to Payroll in the Finance Department. All donation forms submitted to payroll will be date stamped and used in order received for each bi-weekly pay period. Multiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor. Other Please contact the Human Resources Division on questions regarding staff participation in this program. 183 FIRE MANAGEMENT ASSOCIATION EXHIBIT C – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM FMA MOU January 1, 2024 through December 31, 2026 Page 38 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 Division Use Only End donation date will bridge to: Long Term Disability Medical Retirement beginning Length of FMLA leave ending Return to work End donation date: Administrative Services Director Signature: Date signed: Please return this form to the Human Resources Office for processing. 184 I I - □ □ □ □ ~ FIRE MANAGEMENT ASSOCIATION EXHIBIT C – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM FMA MOU January 1, 2024 through December 31, 2026 Page 39 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: Number of Hours I wish to Donate: Hours of Vacation Hours of Exempt Compensatory Time Hours of General Leave Vacation Compensatory Time 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. 185 - = = - FIRE MANAGEMENT ASSOCIATION EXHIBIT D – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT FMA MOU January 1, 2024 through December 31, 2026 Page 40 LABOR MANAGEMENT WORKERS’ COMPENSATION ALTERNATIVE DISPUTE RESOLUTION AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE FIRE MANAGEMENT ASSOCIATION This Labor Management Alternate Dispute Resolution Agreement (“Agreement”) entered into by and between the City of Huntington Beach (“City”) and the Fire Management Association (“FMA”) is created pursuant to California Labor Code Section 3201.7(a)(3)(c). Nothing in this Agreement diminishes the entitlement of an employee to compensation payments for total or partial disability, temporary disability, or medical treatment fully paid by the employer as otherwise provided in Division 4 of the Labor Code. Nothing in this Agreement denies to any employee the right to representation by counsel at all stages during the alternative dispute resolution process. Article I. Purpose The purposes of this Agreement are: 1. To provide active employees claiming compensable injuries under Division 4 of the California Labor Code (“Workers’ Compensation Law”) with an expedited procedure to resolve medical disputes in accordance with Article IV, Section D of this Agreement to facilitate their prompt return to work at either full duties or a transitional duty assignment; 2. To provide retirees claiming a presumptive injury as defined by California Labor Code (hereinafter “Labor Code”) section 3212 et seq. with an expedited procedure to resolve medical disputes in accordance with Article IV, Section D of the Agreement; 3. To reduce the number and severity of disputes between the City and covered employees, when those disputes relate to workers’ compensation; and 4. To provide workers’ compensation coverage in a way that improves labor management relations, improves organizational effectiveness, and reduces costs to the City. These purposes will be achieved by utilizing an exclusive list of medical providers to be the sole and exclusive source of medical evaluations for disputed issues surrounding covered employees in accordance with California Labor Code Section 3201.7(c). Now, therefore, in consideration of the mutual terms, covenants and conditions herein, the parties agree as follows: 186 FIRE MANAGEMENT ASSOCIATION EXHIBIT D – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT FMA MOU January 1, 2024 through December 31, 2026 Page 41 Article II. Term of Agreement The City and FMA enter into this Agreement with the understanding that the law authorizing this Agreement is new, untested and evolving. The parties further understand that this Agreement governs a pilot program and that it will become effective after it is executed by the parties, submitted to the Administrative Director of the State of California, Department of Industrial Relations, Division of Workers ’ Compensation in accordance with Title 8, California Code of Regulations, Section 10202(d), and accepted by the Administrative Director as evidenced by the Director’s letter to the parties indicating approval of the Agreement. This Agreement shall be in effect for eighteen (18) months from the date of the implementation of the program. Thereafter, it shall be reviewed and, if found to be effective will continue and remain in force from year to year unless terminated by either party. Any claim arising from an industrial injury sustained before the termination of this Agreement shall continue to be covered by the terms of this Agreement, until all medical issues related to the pending claim are resolved. Any medical issue resolved under this Agreement shall be final and binding. The parties reserve the right to terminate this Agreement at any time for good cause, by mutual agreement or by act of the legislature. The terminating party must give thirty (30) days written notice to the other party. The parties agree to meet and confer in good faith to try and resolve the issues underlying the termination during the thirty day period prior to the termination of the Agreement. Upon termination of this Agreement, the parties shall become fully subject to the provisions of the California law to the same extent as they were prior to the implementation of this Agreement, except as otherwise specified herein. Article III. Scope of Agreement A. This Agreement applies only to injuries, as defined by Workers’ Compensation Law, claims by 1) active employees; 2) retirees who claim a presumptive injury as defined by California Labor Code Section 3212 et seq.; and 3) active employees who file a claim and subsequently retire before the claim is resolved. Retirees who filed claims while they were active employees are covered under this Agreement only for the purposes of petitions to reopen a pre-existing claim unless covered under A(2). This Agreement does not apply to any other retired employees. This Agreement does not cover post-retirement amendments to active claims. B. Employees who are covered under this Agreement remain covered during the entire period of active employment. C. Injuries occurring and claims filed after termination of this Agreement are not covered by this Agreement. 187 FIRE MANAGEMENT ASSOCIATION EXHIBIT D – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT FMA MOU January 1, 2024 through December 31, 2026 Page 42 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 s et 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 w ill use the originally chosen IME for all subsequent disputes under this Agreement. In the event that said IME is no longer available, then the parties shall utilize the next specialist on the list pursuant to Article IV G d (below). The IME process will begin when either party gives the other written notice of an objection. Objections from the City will be sent to the employee with a copy to the employee’s legal representative if represented and a copy to FMA. Objections from the employee or employee’s legal representative will be sent to the employee’s assigned Claims Examiner with a copy to the Claims Manager. Objections will be sent within thirty days of receipt of a medical report or a utilization review decision. 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. 188 FIRE MANAGEMENT ASSOCIATION EXHIBIT D – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT FMA MOU January 1, 2024 through December 31, 2026 Page 43 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 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. H. Industrial Disability Retirements a. The City and FMA recognize that the ADR process can also be utilized to obtain a competent medical opinion as it relates to determining an employee’s eligibility for an Industrial Disability Retirement (IDR), pursuant to California Government Code Sections 21154 and 21156(a)(2). b. Pursuant to the guidelines outlined in Article IV of this Agreement, the City and the FMA shall meet and confer to identify an agreed-upon listing of IMEs 189 FIRE MANAGEMENT ASSOCIATION EXHIBIT D – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT FMA MOU January 1, 2024 through December 31, 2026 Page 44 to serve as the competent medical examiner in reviewing the employee’s eligibility for an IDR. I. Use of IME When Medical Disputes Exist a. An IME shall be used for all medical disputes that arise in connection with a workers’ compensation claim, including but not limited to determination of causation, the nature and extent of an injury, the nature and extent of permanent disability and apportionment, work restrictions, ability to return to work, including transitional duty, future medical care, and resolution of all disputes arising from utilization review, including need for spinal surgery pursuant to Labor Code Section 4062(b). b. Furthermore, City and FMA agree that IME reports will be admissible in any proceeding and / or hearing involving an injured employee. Article V. Discovery A. Employees covered by this Agreement shall provide the Claims staff with fully executed medical, employment and financial releases and any other documents reasonably necessary for the City to resolve the employee’s claim, when requested. B. The parties agree they have met and conferred on the language of the medical/financial/employment releases to be used under this Agreement. If said releases cause undue delay and/or unforeseen adverse impact(s) to the City and/or the FMA and/or its members, then either party may request a meet and confer regarding said under delay and/or adverse impact(s). The parties shall meet and confer within 30 days of a party’s request to meet and confer. C. Employees shall cooperate in providing a statement. D. This Agreement does not preclude a formal deposition of the applicant or the physician when necessary. Attorney’s fees for employee depositions shall be 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. 190 FIRE MANAGEMENT ASSOCIATION EXHIBIT D – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT FMA MOU January 1, 2024 through December 31, 2026 Page 45 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. 191 City of Huntington Beach Tentative Agreement 11‐28‐23 Proposed Term: 3 years Year 1Year 2Year 3Year 4 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 MOU Item #Description Estimated YOY Impact Estimated YOY Impact Estimated YOY Impact Estimated YOY Impact Total Cost of Proposal Ongoing Cost *Year 1Year 2Year 3Year 4 % Cost Increase Ongoing Cost Increase Notes: 1Term: 3 years (Jan 1, 2024 ‐ Dec 31, 2026) Salary Increases Laddering Base 55,959 55,959 ‐‐111,917 111,917 2.13% 2.13% 0.00% 0.00% 4.25% 4.25% 10% spread between Battalion Chief, Division Chief and Deputy Chief. Proposal 80,929 137,629 115,703 59,003 393,264 446,617 3.08% 5.23% 4.40%2.24% 14.95% 16.98% Jan 6, 2024 ‐ 6%, Jan 1, 2025 ‐ 4%, Jan 1, 2026 ‐ 4%. Total increase = 14.95% Total 136,888 193,588 115,703 59,003 505,181 558,534 5.20% 7.36% 4.40% 2.24% 19.20% 21.23% 3 Transfer Performance Bonus Pay to Longevity Proposal (18,513) (19,265) (1,534) (782) (40,094) (40,094) ‐0.70%‐0.73%‐0.06%‐0.03%‐1.52%‐1.52% Total (18,513) (19,265) (1,534) (782) (40,094) (40,094) ‐0.73%‐0.76%‐0.06%‐0.03%‐1.59%‐1.59% 4 Education ‐ BA Proposal 2,903 4,502 1,842 184 9,430 9,430 0.11% 0.17% 0.07% 0.01% 0.36% 0.36% Total 2,903 4,502 1,842 184 9,430 9,430 0.12% 0.18% 0.07% 0.01% 0.37% 0.37% 5 Education ‐ MA Proposal 7,286 22,450 16,679 924 47,338 47,338 0.28% 0.85% 0.63% 0.04% 1.80% 1.80% Total 7,286 22,450 16,679 924 47,338 47,338 0.29% 0.89% 0.66% 0.04% 1.88% 1.88% Longevity Pay Proposal 16,597 17,270 1,375 701 35,943 35,943 0.63% 0.66% 0.05% 0.03% 1.37% 1.37% Total 16,597 17,270 1,375 701 35,943 35,943 0.66% 0.69% 0.05% 0.03% 1.43% 1.43% Strike Team Leader Pay Proposal 3,763 3,916 312 159 8,150 8,150 0.14% 0.15% 0.01% 0.01% 0.31% 0.31% Total 3,763 3,916 312 159 8,150 8,150 0.15% 0.16% 0.01% 0.01% 0.32% 0.32% Health Benefits Proposal 4,848 8,880 4,032 ‐17,760 17,760 0.18% 0.34% 0.15% 0.00% 0.68% 0.68% Total 4,848 8,880 4,032 ‐17,760 17,760 0.19% 0.35% 0.16% 0.00% 0.71% 0.71% Total Cost of Proposal Laddering Base 55,959 55,959 ‐‐111,917 111,917 2.13% 2.13% 0.00% 0.00% 4.25% 4.25% Proposal 97,812 175,382 138,408 60,188 471,791 525,143 3.72% 6.67% 5.26%2.29% 17.93% 19.96% Total Cost of Proposal 153,771 231,341 138,408 60,188 583,708 637,061 5.84%8.79% 5.26% 2.29%22.19% 24.21% YOY Budgetary Impacts related to OT 24,837 36,381 21,001 9,351 91,570 91,570 Total Cost of Proposal with OT Budgetary Impacts 178,608 267,721 159,409 69,539 675,278 728,630 *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. ** Overtime budgetary impacts shown above include potentially reimbursable costs from Special Events, FEMA, etc. (28.1% of total OT from August 6, 2022 ‐ August 4, 2023). 8 Increase to monthly contributions to match PMA MOU 7 Currently 1%. Expand to EE's who have completed Incident Command System (ICS) courses. Eliminate requirement for task book & certification. 6 Increase by 1.5% for 20+ yrs of service, from 7.5% to 9% 2 Currently 3% for all who are eligible New ‐ 2% eff Jan 6, 2024, increase to 3% eff Jan 1, 2025 Increase by 1%, from 3% to 4% eff Jan 6, 2024. Increase to 6% eff Jan 1, 2025 192 ~ ~ HUNTINGTON BEACH Consideration of Proposed Memorandum of Understanding with the Fire Management Association (FMA) CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING January 16, 2024 193 Overview Pursuant to the Meyers-Millias Brown Act (MMBA) the City has been meeting and conferring in good faith from September through November of 2023 with the FMA. We reached tentative agreement with the FMA on November 28, 2023. While the City has no obligation to accept the proposed labor agreements, the City does need to formally consider the negotiated labor agreement. 194 Proposed Memorandum of Understanding • 3-year agreement (January 1, 2024, through December 31, 2026) • Implementation of salary adjustments based on the City- wide Classification and Compensation Survey conducted in FY 21/22 • Base salary increases of 6% beginning January 6, 2024; 4% effective the pay period including January 1, 2025, and 4% effective the pay period including January 1, 2026 195 Proposed Memorandum of Understanding • Increases and adjustments to various pay programs such as Education Incentive Pay, Strike Team Leader Pay, and Longevity Pay • Elimination of the Pay for Performance Program • Increases in City Contribution for Health Benefits 196 Fiscal Impact Fiscal Year Projection * FY 2023/24 $ 178,608 FY 2024/25 $ 267,721 FY 2025/26 $ 159,409 FY 2026/27 $ 69,539 Total $ 675,278 * Includes budgetary impacts related to overtime. 197 City Council Options Adopt Resolution No. 2024-01, Approving the Proposed Successor Memorandum of Understanding with FMA, and Authorize the City Manager or designee to take all administrative and budgetary actions necessary for implementation of Resolution 2024-01; or, Do not approve introduction of the Agreement, and direct staff to: 1) Continue to meet and confer with the FMA 2) Utilize the impasse procedures contained within the City’s Employer-Employee Relations Resolution 198 Questions? 199 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-1075 MEETING DATE:1/16/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Travis K. Hopkins, Assistant City Manager PREPARED BY:Theresa St. Peter, Interim Human Resources Director Subject: Adopt Resolution No. 2024-02 approving and implementing the Memorandum of Understanding between the Huntington Beach Fire Association (HBFA) and the City of Huntington Beach for January 1, 2024, through December 31, 2026; and authorize appropriation of funds Statement of Issue: The MOU between the HBFA and the City expired on December 31, 2023. The City and HBFA engaged in good-faith negotiations, ultimately reaching agreement on terms in November 2023 on a three-year contract covering the period of January 1, 2024 through December 31, 2026. The MOU was approved for introduction at the December 19, 2023, City Council Meeting, and pursuant to the City’s Municipal Code, the MOU is placed on the agenda for final consideration by the City Council. Financial Impact: Pursuant to the terms reached in the MOU by HBFA, the total projected cost of the labor agreement as estimated by the Finance Department is approximately $736,769 for Fiscal Year (FY) 2023/24; $1,571,676 in FY 2024/25, $1,439,431 in FY 2025/26 and $690,412 in FY 2026/27. Additional budget increases of $182,961 in FY 2023/24, $389,952 in FY 2024/25, $352,012 in FY 2025/26 and $145,021 in FY 2026/27 are also estimated to account for impacts to overtime costs related to the agreement. The ongoing cost of the contract, including estimated impacts to overtime and cost increases to the City’s CalPERS expenses, is estimated to total $6,049,449 annually beginning in FY 2027/28. Recommended Action: A) Adopt Resolution No. 2024-02, “A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Firefighters’ Association and the City of Huntington Beach for the period January 1, 2024 through December 31, 2026; and, City of Huntington Beach Printed on 1/10/2024Page 1 of 3 powered by Legistar™200 File #:23-1075 MEETING DATE:1/16/2024 B) Authorize City Manager or designee to take all administrative and budgetary actions necessary for implementation of Resolution No. 2024-02. Alternative Action(s): Do not adopt Resolution No. 2024-02 approving the successor MOU for HBFA employees and direct staff to continue to (1) meet and confer with HBFA, or (2) utilize the impasse procedures contained within the City’s Employer-Employee Relations Resolution. Analysis: The HBFA represents 121 City employees. Starting in August 2023, representatives for the City and HBFA engaged in active negotiations on a new labor agreement, ultimately reaching a tentative agreement on contract terms for a 3-year period in November 2023. The MOU was approved for introduction at the December 19, 2023, City Council Meeting and is now ready for consideration for approval by City Council. Key changes in the proposed MOU include the following: ·Term: The Agreement shall be effective January 1, 2024, through December 31, 2026. ·Salary increases: Effective January 6, 2024, employees will receive a base salary increase of six percent (6%). Effective the first pay period of January 2025, employees will receive a base salary increase of six percent (6%). Effective the first pay period of January 2026, employees will receive a base salary increase of four percent (4%). ·Performance bonus: Effective January 6, 2024, Section V, A will be removed from the HBFA MOU. ·Longevity Pay: Effective January 6, 2024, a fifteen-year tier was added to longevity pay. As a result, employees with fifteen (15) or more but less than twenty (20) years of service shall receive longevity pay equal to seven and one-half percent (7,5%) of base salary. Additionally, the longevity pay for employees with twenty (20) or more years of service will be increased from seven and one-half percent (7.5%) to ten percent (10%). ·Health and Other Insurance Benefits: Effective January 6, 2024, the City shall increase monthly contributions for medical insurance for single, two-party, and family to $900, $1,650, and $2100, respectively. Effective the first pay period of January 2025, the City shall increase monthly contributions for medical insurance for single, two-party, and family to $975, $1,728, and $2201, respectively. Effective the first pay period of January 2026, the City shall increase monthly contributions for medical insurance for single, two-party, and family to $1050, $1,794, and $2285, respectively. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item City of Huntington Beach Printed on 1/10/2024Page 2 of 3 powered by Legistar™201 File #:23-1075 MEETING DATE:1/16/2024 Attachment(s): 1. Summary of MOU Modifications 2. Resolution No. 2024-02 3. Proposed MOU between the HBFA and the City of Huntington Beach 4. Fiscal Impact Report 5. Power Point Presentation City of Huntington Beach Printed on 1/10/2024Page 3 of 3 powered by Legistar™202 ARTICLE SUBJECT PROPOSAL V(A) Salary Schedule 1/6/24 ‐ 6% salary increase; 1/1/25 ‐ 6% salary increase; and 1/1/26 ‐ 4% salary increase V A Performance Bonus Deleted from MOU VI F Longevity Pay 1/6/24 ‐ Add 15‐year increment at 7.5%; increase 20‐year increment from 7.5% to 10% IX Health and Other Insurance Benefits Increase to City monthly medical contributions as follows: 1/6/24 ‐ Single ‐ $900; 2‐party ‐ $1650; Family ‐ $2100; 1/1/25 ‐ Single ‐ $975; 2‐party ‐ $1728; Family ‐ $2201; 1/1/26 ‐ Single ‐ $1050; 2‐party ‐ 1794; Family ‐ $2285 XIV Term of MOU January 1 through December 31, 2026 CITY OF HUNTINGTON BEACH HUNTINGTON BEACH FIRE ASSOCIATION TENTATIVE AGREEMENT NOVEMBER 28, 2023 203 204 RESOLUTION NO . 2024-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION (HBFA) AND THE CITY FOR JANUARY 1, 2024 THROUGH DECEMBER 31, 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 Firefighters' Association (HBFA), 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 January 1, 2024 through December 31, 2026. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of January 2024. Mayor REVIEWED AND APPROVED: Interim City Manager INITIATED AND APPROVED: ---n:M,r <s~~~ Interim Human Resciurces Director 23-13899/328083 Memorandum of Understanding Between The Huntington Beach Firefighters’ Association And The City of Huntington Beach JANUARY 1, 2024, THROUGH DECEMBER 31, 2026 205 HBFA MOU January 1, 2024 – December 31, 2026 ii ARTICLE I – REPRESENTATIONAL UNIT/CLASSIFICATIONS ...................... ERROR! BOOKMARK NOT DEFINED. ARTICLE II – TERM OF MOU .................................................................................. ERROR! BOOKMARK NOT DEFINED. ARTICLE III – CITY COUNCIL APPROVAL ......................................................... ERROR! BOOKMARK NOT DEFINED. ARTICLE IV – EXISTING CONDITIONS OF EMPLOYMENT ............................ ERROR! BOOKMARK NOT DEFINED. ARTICLE V – SEVERABILITY ................................................................................. ERROR! BOOKMARK NOT DEFINED. ARTICLE VI – SALARY SCHEDULES .................................................................. ERROR! BOOKMARK NOT DEFINED. ARTICLE VII – SPECIAL PAY ................................................................................. ERROR! BOOKMARK NOT DEFINED. A. EDUCATION ............................................................................................ ERROR! BOOKMARK NOT DEFINED. 1. Incentive Plan ................................................................................................................ Error! Bookmark not defined. a. Level I ................................................................................................................... Error! Bookmark not defined. b. Level II .................................................................................................................. Error! Bookmark not defined. c. Level III ................................................................................................................. Error! Bookmark not defined. d. Maximum Education Incentive Pay .................................................................. Error! Bookmark not defined. e. Degree Majors ..................................................................................................... Error! Bookmark not defined. f. Effective Date ...................................................................................................... Error! Bookmark not defined. B. ACTING ASSIGNMENTS .......................................................................... ERROR! BOOKMARK NOT DEFINED. C. ADMINISTRATIVE APPOINTMENTS ......................................................... ERROR! BOOKMARK NOT DEFINED. 1. Administrative Appointments ...................................................................................... Error! Bookmark not defined. 2. Pay Upon Completion of Administrative Appointment ............................................ Error! Bookmark not defined. D. PAY UPON COMPLETION OF PARAMEDIC DUTIES................................ ERROR! BOOKMARK NOT DEFINED. E. SPECIAL CERTIFICATION/SKILL PAY ..................................................... ERROR! BOOKMARK NOT DEFINED. 1. Special Certification Pay.............................................................................................. Error! Bookmark not defined. 2. State Board of Fire Service Certification ................................................................... Error! Bookmark not defined. 3. Paramedic Re-certification Pay .................................................................................. Error! Bookmark not defined. 4. Preceptor Pay ............................................................................................................... Error! Bookmark not defined. 5. Administrative Assignment Pay .................................................................................. Error! Bookmark not defined. 6. Firefighter Tiller Certification ....................................................................................... Error! Bookmark not defined. 7. Bilingual Skill Pay ......................................................................................................... Error! Bookmark not defined. 8. Investigator Pay ............................................................................................................ Error! Bookmark not defined. 9. Swat Medic Pay ............................................................................................................ Error! Bookmark not defined. 10. Urban Search and Rescue (USAR) Team Assignment Pay .................................. Error! Bookmark not defined. 11. Hazard Materials (Hazmat) Team Assignment Pay ................................................ Error! Bookmark not defined. 12. Rank Paramedic Assignment Pay ............................................................................. Error! Bookmark not defined. 13. Advanced Paramedic Certification Pay ..................................................................... Error! Bookmark not defined. F. HOLIDAY PAY-IN-LIEU ........................................................................... ERROR! BOOKMARK NOT DEFINED. G. LONGEVITY PAY ..................................................................................... ERROR! BOOKMARK NOT DEFINED. H. EMERGENCY MEDICAL TECHNICIAN PAY ............................................. ERROR! BOOKMARK NOT DEFINED. I. REPORTING TO CALPERS .................................................................... ERROR! BOOKMARK NOT DEFINED. ARTICLE VIII – UNIFORMS, CLOTHING, TOOLS AND EQUIPM ENT ............ ERROR! BOOKMARK NOT DEFINED. A. UNIFORMS PROVIDED BY CITY.............................................................. ERROR! BOOKMARK NOT DEFINED. B. UNIFORM ALLOWANCE/FITNESS ........................................................... ERROR! BOOKMARK NOT DEFINED. C. UNIFORM CARE AND REPLACEMENT .................................................... ERROR! BOOKMARK NOT DEFINED. D. UNIFORM POLICIES AND ADVISORY COMMITTEE ................................. ERROR! BOOKMARK NOT DEFINED. ARTICLE IX – HOURS OF WORK/OVERTIME .................................................... ERROR! BOOKMARK NOT DEFINED. A. WORK SCHEDULE .................................................................................. ERROR! BOOKMARK NOT DEFINED. B. HOURS OF W ORK - DEFINED ................................................................. ERROR! BOOKMARK NOT DEFINED. C. LEVEL PAY PLAN .................................................................................... ERROR! BOOKMARK NOT DEFINED. D. OVERTIME/COMPENSATORY TIME ........................................................ ERROR! BOOKMARK NOT DEFINED. 1. Paid Overtime ............................................................................................................... Error! Bookmark not defined. 2. Compensatory Time ..................................................................................................... Error! Bookmark not defined. 206 HBFA MOU January 1, 2024 – December 31, 2026 iii a. Non-Exempt ......................................................................................................... Error! Bookmark not defined. b. Staff Personnel .................................................................................................... Error! Bookmark not defined. c. Compensatory Time Paid Off ............................................................................ Error! Bookmark not defined. 3. Callback ......................................................................................................................... Error! Bookmark not defined. 4. Mandatory Standby ...................................................................................................... Error! Bookmark not defined. 5. Required Training Attendance .................................................................................... Error! Bookmark not defined. 6. Cancellation of Overtime ............................................................................................. Error! Bookmark not defined. 7. Court Time ..................................................................................................................... Error! Bookmark not defined. 8. Pay Out of Rank ........................................................................................................... Error! Bookmark not defined. E. JURY DUTY ............................................................................................. ERROR! BOOKMARK NOT DEFINED. F. SHIFT EXCHANGE/RELIEF ..................................................................... ERROR! BOOKMARK NOT DEFINED. G. STATION / SHIFT ASSIGNMENTS ........................................................... ERROR! BOOKMARK NOT DEFINED. H. MINIMUM STAFFING AND FILLING VACANCIES...................................... ERROR! BOOKMARK NOT DEFINED. I. PROBATIONARY PERIOD ........................................................................ ERROR! BOOKMARK NOT DEFINED. ARTICLE X – HEALTH AND OTHER INSURANCE BENEFITS ....................... ERROR! BOOKMARK NOT DEFINED. A. HEALTH INSURANCE .............................................................................. ERROR! BOOKMARK NOT DEFINED. B. ELIGIBILITY CRITERIA AND COST .......................................................... ERROR! BOOKMARK NOT DEFINED. 1. City Paid Medical Insurance – Employee and Dependents ................................... Error! Bookmark not defined. 2. Employer Contributions to Health and Other Insurance Benefits .......................... Error! Bookmark not defined. C. PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT (PEMHCA) OPTION ERROR! BOOKMARK NOT DEFINED. D. MEDICAL OPT OUT ................................................................................ ERROR! BOOKMARK NOT DEFINED. E. SECTION 125 PLAN ................................................................................ ERROR! BOOKMARK NOT DEFINED. F. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT ........................ ERROR! BOOKMARK NOT DEFINED. G. LONG TERM DISABILITY ......................................................................... ERROR! BOOKMARK NOT DEFINED. H. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL RETIREE SUBSIDY PLAN ....................................................................................................... ERROR! BOOKMARK NOT DEFINED. I. POST-65 SUPPLEMENTAL MEDICARE COVERAGE ............................... ERROR! BOOKMARK NOT DEFINED. J. RETIREE MEDICAL TRUST (RMT) ......................................................... ERROR! BOOKMARK NOT DEFINED. K. MISCELLANEOUS .................................................................................... ERROR! BOOKMARK NOT DEFINED. ARTICLE XI – RETIREMENT ................................................................................... ERROR! BOOKMARK NOT DEFINED. A. BENEFITS ................................................................................................ ERROR! BOOKMARK NOT DEFINED. 1. Public Employees’ Retirement System .................................................................................................................... 20 2. Self-Funded Supplemental Retirement Benefit ........................................................ Error! Bookmark not defined. 3. Medical Insurance for Retirees ................................................................................... Error! Bookmark not defined. B. REINSTATEMENT PRIVILEGES FOR DISABILITY RETIREES ................... ERROR! BOOKMARK NOT DEFINED. ARTICLE XII – LEAVE BENEFITS ......................................................................... ERROR! BOOKMARK NOT DEFINED. A. LEAVE WITH PAY .................................................................................... ERROR! BOOKMARK NOT DEFINED. 1. Vacation ........................................................................................................................................................................ 22 2. Sick Leave ..................................................................................................................... Error! Bookmark not defined. 3 Leave Benefit Entitlements ......................................................................................... Error! Bookmark not defined. 4. Bereavement ................................................................................................................. Error! Bookmark not defined. 5. Association Business ................................................................................................... Error! Bookmark not defined. ARTICLE XIII – CITY RULES ................................................................................... ERROR! BOOKMARK NOT DEFINED. A. PERSONNEL RULES ............................................................................... ERROR! BOOKMARK NOT DEFINED. B. PRECEDENCE OF AGREEMENT ............................................................. ERROR! BOOKMARK NOT DEFINED. C. DISCIPLINE ............................................................................................. ERROR! BOOKMARK NOT DEFINED. D. LAYOFF RULES ....................................................................................... ERROR! BOOKMARK NOT DEFINED. ARTICLE XIV – MISCELLANEOUS ....................................................................... ERROR! BOOKMARK NOT DEFINED. A. FIRE DEPARTMENT PROMOTIONAL EXAMS .......................................... ERROR! BOOKMARK NOT DEFINED. B. LIVING QUARTERS ................................................................................. ERROR! BOOKMARK NOT DEFINED. 207 HBFA MOU January 1, 2024 – December 31, 2026 iv C. PAYCHECKS ........................................................................................... ERROR! BOOKMARK NOT DEFINED. D. CALIFORNIA DRIVER LICENSE FOR FIREFIGHTING EQUIPMENT .......... ERROR! BOOKMARK NOT DEFINED. E. DEFERRED COMPENSATION LOAN PROGRAM ..................................... ERROR! BOOKMARK NOT DEFINED. ARTICLE XV – MANAGEMENT RIGHTS .............................................................. ERROR! BOOKMARK NOT DEFINED. ARTICLE XVI – SUCCESSOR NEGOTIATIONS………………………………………………………………………….28 EXHIBIT A – EMPLOYER-EMPLOYEE RELATIONS RESOLUTION .............. ERROR! BOOKMARK NOT DEFINED. EXHIBIT B – SALARY SCHEDULE........................................................................ ERROR! BOOKMARK NOT DEFINED. EXHIBIT C – RETIREE SUBSIDY MEDICAL PLAN ............................................ ERROR! BOOKMARK NOT DEFINED. EXHIBIT D – INCOME PROTECTION PLAN ........................................................ ERROR! BOOKMARK NOT DEFINED. EXHIBIT E – 40/56-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL .. ERROR! BOOKMARK NOT DEFINED. EXHIBIT H – VOLUNTARY CATASTROHIC LEAVE DONATION PROGRAM ................. ERROR! BOOKMARK NOT DEFINED. 208 HBFA MOU January 1, 2024 – December 31, 2026 1 MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) and THE HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION (Hereinafter called ASSOCIATION or HBFA) ARTICLE I – REPRESENTATIONAL UNIT/CLASSIFICATIONS A. It is recognized that the Huntington Beach Firefighters’ Association is the employee organization, which has the right to meet and confer in good faith with the City on behalf of employees of the City of Huntington Beach within the following classifications: Administrative Fire Captain* Firefighter Fire Captain Firefighter Paramedic Fire Engineer *Administrative Appointment B. The City and Association have agreed to a procedure whereby the City, by and through the Human Resources Director, would be entitled to propose a Unit Modification. This agreement, Exhibit A, consists of a modification of the City of Huntington Beach Employer-Employee Relations Resolution (Resolution Number 3335). The City hereby agrees not to propose a unit modification of the existing Association unit. ARTICLE II – TERM OF MOU This MOU shall be in effect commencing on January 1, 2024, through December 31, 2026. This MOU constitutes the entire agreement of the parties as to the changes in wages, hours, and other terms and conditions of employment of employees covered hereunder for the term hereof. ARTICLE III – CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or effect whatsoever unless and until ratified by the membership of HBFA and adopted by Resolution of the City Council of the City of Huntington Beach. ARTICLE IV – EXISTING CONDITIONS OF EMPLOYMENT A. Except as expressly provided herein, the existing wages, hours, and other terms and conditions of employment within the lawful scope of representation of the Association that are contained in prior Memoranda of Understanding between the parties hereto and which are currently applicable to employees covered herein, shall remain in full force and effect. 209 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 2 ARTICLE V – SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this MOU or any additions or amendments thereof, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this MOU or its application to other persons. The City Council hereby declares that it would have adopted this MOU and each section, subsection, sentence, clause, phrase or portion, and any additions or amendments thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions, or the application thereof to any person, be declared invalid or unconstitutional. ARTICLE VI – SALARY SCHEDULES A. Salary Adjustments 1. Effective January 6, 2024, employees shall receive a base salary increase of six percent (6%). 2. Effective the pay period including January 1, 2025, employees shall receive a base salary increase of six percent (6%). 3. Effective the pay period including January 1, 2026, employees shall receive a base salary increase of four percent (4%). B. For each year of this MOU, the base salary of each classification represented by the Association shall be as set forth in the Salary Schedules, Exhibit B. All employees are required to utilize direct deposit of payroll checks. The City shall issue each employee direct deposit advice (payroll receipt) each pay period that details all income, withholdings, and deductions. C. The parties agree that six (6) months prior to the end of the term of any current MOU, representatives from the City will update the total compensation survey used in bargaining over this current contract. ARTICLE VII – SPECIAL PAY A. Education: 1. Incentive Plan– It is the purpose and intent of the City to provide an Education Incentive Plan to motivate the employee to participate in, and continue with their education so as to improve their knowledge and general proficiency which will, in turn, result in additional benefits to the Fire Department and to the City. As the levels of additional education listed below are satisfactorily completed and attained, the employee will receive additional monetary compensation in recognition of their educational achievement. a. Level I – Any employee who has attained an Associate Degree, or attained Junior status in a degree program, shall receive educational incentive pay of three percent (3%) of their base rate of pay. b. Level II – Any employee who has attained a Bachelor’s Degree shall receive education incentive pay of six percent (6%) of their base rate of pay. c. Level III – Employees who have attained a Master’s Degree shall receive education incentive pay of nine percent (9%) of their base rate of pay. 210 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 3 d. Maximum Education Incentive Pay– The maximum education incentive pay an employee may receive is nine percent 9% of their base rate of pay. An employee may only receive this education incentive pay for one degree. e. Degree Majors– Degree majors will be reviewed and approved by the Fire Chief. For current employees seeking additional degrees, the course of study will be reviewed and approved by the Fire Chief in advance. Appeals may be directed to the Administrative Services Director for final determination. f. Effective Date– Following approval, the additional education incentive pay shall commence the beginning of the pay period following the employee’s submission of a completed application that qualifies for education incentive pay. The parties agree that to the extent permitted by law, t he compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Educational Incentive Pay. B. Acting Assignments – Employees acting in a higher classification shall be qualified as defined within Department Policy. Employees shall be paid at the step in the classification in which they are acting which provides them with at least a 5% increase. The acting assignment shall end at the discretion of the City. The parties agree that to the extent permitted by law, Acting Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(3) Temporary Upgrade Pay. C. Administrative Appointments: 1. Administrative Appointments – The City may, from time to time, administratively appoint employees to administrative or specialist positions. Employees so appointed to the positions of Captain Paramedic, Engineer Paramedic, or Administrative Fire Captain, shall serve at the discretion of the Fire Chief and may be returned to their regular position at any time as determined by the Fire Chief. An administrative appointment shall not affect the employee’s regular classification or rank. Persons administratively appointed shall retain their highest previous permanent classification and the anniversary date of their appointment to the permanent classification. 2. Pay Upon Completion of Administrative Appointment a. An employee administratively appointed to the positions of Captain Paramedic; Engineer Paramedic, or Administrative Fire Captain, who is subsequently voluntarily or involuntarily reassigned to a position within their permanent classification with a lower rate of pay, shall receive a two (2) step reduction in pay to initially coincide with their reduced assignment and at each anniversary date of the original reduction thereafter, until their rate of pay equals the rate of pay entitled as if they had not received the administrative appointment. b. An employee administratively appointed to the positions of Captain Paramedic, Engineer Paramedic, or Administrative Fire Captain who has completed four (4) years of service in the appointed or any other appointed parallel position, may request to return to their permanent classification, and shall within one (1) year thereafter, be entitled to return to their permanent classification. The pay rate changes associated with the appointment or reappointment shall follow the process and procedures established for all positions within the classified service. 211 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 4 c. This section shall not apply to demotions or layoffs. D. Pay Upon Completion of Paramedic Duties - Any Firefighter Paramedic with a minimum of five (5) years of continuous service as a Paramedic may request reinstatement to their previously held classification. Such request must be submitted in writing to the Fire Chief at least one (1) year prior to the date of the requested reinstatement. Upon reinstatement, if the employee’s current base salary is equivalent to or in excess of Step G of the respective Firefighter salary range, their salary will be set at Step G of the respective Firefighter salary range. If the employee’s Paramedic salary is less than Step G, their salary shall be set at a step in the range closest to their existing current base salary. This section shall not apply to demotions or layoffs. E. Special Certification/Special Assignment Skill Pay: 1. Special Certification Pay a. Chief Fire Officer Certification – Employees in the classifications of Fire Captain and Administrative Fire Captain who have completed the Chief Fire Officer courses as required by the California State Fire Marshal’s Office, along with the additional courses below, shall receive special certification pay of three percent (3%) of their base rate of pay. The parties agree that, to the extent permitted by law, this Chief Officer Certification pay is special compensation and shall be reported as such to PERS pursuant to Title 2 CCR Section 571(a)(2) as Recertification Bonus. Required Additional Courses: 1) S234: Ignition Operations 2) S270: Basic Air Operations 3) AR330: Strike Team Leader 4) L954 All Risk Safety Officer or S404 Safety Officer 5) S290: Intermediate Wildland Behavior – Classroom based Employees who have completed classes under the previous State Fire Marshal’s course track will be eligible to receive the Special Certification Pay upon confirmation of the Fire Chief. b. Company Officer Certification – Employees in the classifications of Firefighter, Firefighter Paramedic, and Fire Engineer who have completed the Company Officer courses as required by the California State Fire Marshal’s Office, along with the additional courses below, shall receive special certification pay of three percent (3%) of their base rate of pay. The parties agree that, to the extent permitted by law, this Fire Officer Certification pay is special compensation and shall be reported as such to PERS pursuant to Title 2 CCR Section 571 (a)(2) as Recertification Bonus. Required Additional Courses: 1) I300: Incident Command System 300 2) S230: Crew Boss 3) S231: Engine Boss 4) S290: Intermediate Wildland Behavior – Classroom Based 212 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 5 Employees who have completed classes under the previous State Fire Marshal’s course track will be eligible to receive the Special Certification Pay upon confirmation of the Fire Chief. 2. State Board of Fire Service Certification - Any employee in a position that did not require certification as a condition of employment, and who at any time has been or becomes certified by the State Board of Fire Services in a classification then occupied, shall be entitled, upon request, to a lump sum cash payment of two hundred fifty dollars ($250). Each employee may only receive one such payment irrespective of the number of times they are certified in any position. 3. Paramedic Re-certification Pay - Each time an employee is re-certified by the State of California and accredited by Orange County as a Paramedic, they shall be entitled to a lump sum cash payment of two thousand five hundred dollars ($2,500). The City will allow Fire Engineers and Fire Captains who are certified by the State of California as a paramedic to maintain Orange County accreditation and to practice as a paramedic based upon established department standards. The parties agree that to the extent permitted by law, Paramedic Recertification Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Paramedic Pay. 4. Preceptor Pay - Firefighter Paramedics who possess the qualifications necessary to be a preceptor and are assigned preceptor duties by the Fire Chief or his/her sworn designee shall be paid a special pay of 5.34% of the base hourly rate of Firefighter 56-hour Step G for each hour worked. It is the intention to provide all eligible Firefighter Paramedics the same dollar value in this special pay. For employees who are appointed as a new Firefighter Paramedic, the preceptor partner (i.e., the employee receiving preceptor pay) shall receive preceptor pay until the end of the first probationary rotation. The Fire Chief or designee may request the preceptor duties and the associated preceptor pay be extended after the first rotation for a designated term. For an internally promoted Firefighter Paramedic, not more than two persons on each crew may receive preceptor pay. The parties agree that to the extent permitted by law, Preceptor Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Training Premium. 5. Administrative Assignment Pay - Employees designated to perform Special Assignment duties by the Fire Chief or their sworn designee, as specified in the Huntington Beach Fire Department Organization Manual Policy D-25, shall be paid a special pay of 5.34% of the base hourly rate of Firefighter 56-hour Step G for each hour worked. The parties agree that to the extent permitted by law, Administrative Assignment Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Fire Staff Premium. 213 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 6 6. Firefighter Tiller Certification - Firefighters who obtain and maintain the certifications and qualifications as outlined in (a) and (b) below shall receive a special pay of 1.78% of the bi-weekly base rate of Firefighter 56-hour Step G. a. Tiller Certification – Obtain and maintain Huntington Beach Tiller Certification. The parties agree that to the extent permitted by law, Tiller Certification Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Tiller Premium. b. Class A. B, C Driver License – Obtain and maintain a minimum of a valid Class A, Class B or Class C California driver license with firefighter endorsement or Class B restrictive California driver license. c. Regular Duty Assignment – If a Firefighter Paramedic is routinely and consistently assigned to the Tiller truck, they are eligible to receive the Firefighter Tiller Certification Pay. 7. Bilingual Skill Pay - Employees whose bilingual skills are qualified, in accordance with the most current Huntington Beach Fire Department Organization Manual Policy D-26, shall be paid an additional five percent (5%) of their base rate of pay in addition to their regular bi-weekly salary. In order to be qualified and certified for said compensation, employee's language proficiency will be tested and certified by the Administrative Services Director or designee. Basic conversational proficiency will be evaluated based on response to a scenario driven oral evaluation. The Human Resources Division will notify candidates of the results of the oral evaluation. If the candidate’s attempt is unsuccessful, they may repeat the process in six (6) months’ time from the date of the previous exam. Bilingual skill pay shall begin the first day of the pay period following certification. The parties agree that to the extent permitted by law, Bilingual Skill Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium. 8. Investigator Pay: a. Level I Arson Investigators are appointed by the Fire Chief. Level I Arson Investigators are Level II Arson Investigator trainees. Level I Arson rate is 4.6% above a Firefighter Paramedic 40-hour Step G rate at time and one-half. 1) Level I Arson Investigators assigned to an incident or approved training while off duty will be compensated the full Level I Arson Investigator rate. 2) Level I Arson Investigators assigned to an incident or approved training while on duty will be compensated the difference between their current hourly rate and the current Arson Level I Investigator rate (differential). b. Level II Arson Investigators are appointed by the Fire Chief. The Level II Arson Investigator rate is 11% above the Arson Level I Investigator rate. 1) Level II Arson Investigators assigned to an incident or approved training while off duty will be compensated the full Level II Arson Investigator rate. 214 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 7 2) Level II Arson Investigators assigned to an incident or approved training while on duty will be compensated the difference between their current hourly rate and the current Arson Level II Investigator rate (differential). The parties agree that to the extent permitted by law, Investigator Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Fire Investigator Premium. 9. Swat Medic Pay: c. Swat Medics are appointed by the Fire Chief. Swat Medic pay rate is 4.6% above a Firefighter Paramedic 40-hour Step G rate at time and one-half. 1) Swat Medics assigned to an incident or approved training while off duty will be compensated the full Swat Medic rate. 2) Swat Medics assigned to an incident or approved training while on duty will be compensated the difference between their current hourly rate and the current Swat Medic rate (differential). d. Tactical Emergency Medical Services (TEMS) Captains are appointed by the Fire Chief. The TEMS Captain rate is 11% above the Swat Medic rate. 1) TEMS Captain assigned to an incident or approved training while off duty will be compensated the full TEMS Captain rate. 2) TEMS Captain assigned to an incident or approved training while on duty will be compensated the difference between their current hourly rate and the current TEMS Captain rate (differential). The parties agree that to the extent permitted by law, Swat Medic Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Hazard Premium. 10. Urban Search and Rescue (USAR) Team Assignment Pay: a. Employees certified and assigned to a Type 3 (Light Duty) USAR team shall receive special assignment pay of one percent (1%) of their base rate of pay. b. Employees certified and assigned to a Type 2 (Medium Duty) USAR team shall receive special assignment pay of three percent (3%) of their base rate of pay. c. Employees certified and assigned to a Type 1 (Heavy Duty) USAR team who are qualified and regularly assigned to the Team (not to exceed 24 employees) shall receive special assignment pay of five percent (5%) of their base rate of pay. The parties agree that to the extent permitted by law, USAR Team Assignment Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Hazard Premium. 11. Hazardous Materials (Hazmat) Team Assignment Pay: 215 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 8 a. Employees assigned to the Hazmat team as a Hazmat Technician shall receive special assignment pay of five percent (5%) of their base rate of pay. b. Employees assigned to the Hazmat team as a Hazmat Specialist shall receive special assignment pay of seven and one-half percent (7.5%) of their base rate of pay. The parties agree that to the extent permitted by law, Hazmat Team Assignment Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Hazard Premium. 12. Rank Paramedic Assignment Pay – Employees in the classification of Fire Engineer and Fire Captain who are assigned to perform paramedic duties shall receive special assignment pay of fourteen percent (14%) of their base rate of pay. The parties agree that to the extent permitted by law, Rank Paramedic Assignment Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Paramedic Pay. 13. Advanced Paramedic Certification Pay - Effective July 1, 2021, employees who are licensed paramedics and locally accredited in Orange County who possess current certifications in the following courses shall receive special certification pay of two percent (2%) of their base rate of pay:  Advanced Cardiac Life Support through the American Heart Association; and,  Pediatric Advanced Life Support through the American Heart Association or Pediatric Education for Pre-hospital Personnel through the American Academy of Pediatrics; and,  Pre-Hospital Trauma Life Support or Basic Trauma Life Support. Effective July 1, 2022, the Advanced Paramedic Certification pay will increase one percent for a total of three percent (3%) of their base pay. The parties agree that to the extent permitted by law, Advanced Paramedic Certification is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Paramedic Pay. All special certification/special assignment/skill pay provided in Article V (E) shall be effective the beginning of the first full pay period following certification. In order to receive certification, the employee shall complete an Official Report submitted to the Fire Chief, which shall include evidence that they have completed all required courses necessary to receive the certifications noted above. F. Holiday Pay-In-Lieu - Employees shall be compensated by the City in-lieu of the ten (10) listed holidays at their appropriate assigned work schedule rate, either at a forty-hour (40) or fifty-six hour (56) workweek. Employees assigned to the 40-hour workweek shall be compensated nine (9) hours per holiday. Employees assigned to the 56-hour workweek shall be compensated twelve hours and 36 minutes (12.6) hours per holiday. Personnel who change from a fifty-six (56) hour schedule to a forty (40) hour schedule shall multiply the existing hours by .7143. Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their existing hours by .7143. The following are the recognized legal holidays under this MOU: 1. New Year’s Day (January 1) 216 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 9 2. Martin Luther King’s Birthday 3. President’s Day (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veterans’ Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. Friday after Thanksgiving 10. Christmas Day (December 25) Any day declared by the President of the United States to be a national holiday, or by the Governor of the State of California to be a State holiday, and adopted as an employee holiday by the City Council of Huntington Beach. The parties agree that to the extent permitted by law, Holiday in Lieu Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5) Statutory Items. G. Longevity Pay – Effective January 6, 2024, all bargaining unit members shall receive the following longevity pay: 1. Five (5) years or more, but less than ten (10) years, of service shall receive longevity pay equal to 2.5% of base salary. 2. Ten (10) years or more, but less than fifteen (15) years, of service shall receive longevity pay equal to 5% of base salary. 3. Fifteen (15) years or more, but less than twenty (20) years of service shall receive longevity pay equal to 7.5% of base salary. 4. Twenty (20) years or more of service shall receive longevity pay equal to 10% of base salary. There shall be no pyramiding of this special pay. Unit members shall only receive one (1) longevity pay under this provision. The maximum amount of longevity pay that a member may receive is ten percent (10%). Volunteer, reserve, and part-time position time will not be factored into the total years of service under Longevity Pay. The parties agree that to the extent permitted by law, Longevity Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1) Longevity Pay. H. Emergency Medical Technician Pay – All employees in the unit who possess an Emergency Medical Technician (EMT) certification shall receive four and sixty-seven one hundredths percent (4.67%) of base salary. The parties agree that to the extent permitted by law, Emergency Medical Technician (EMT) Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Emergency Medical Technician Pay. I. Reporting to CalPERS – In the event that CalPERS challenges the City’s report of any special compensation as compensation earnable and informs the City that it cannot not report the pay 217 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 10 since it does not qualify as special compensation per Title 2 CCR section 571, the City is not obligated to continue to report the pay. This is provided for per Title 2 Section 571(c) & (d). ARTICLE VIII – UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. Uniforms Provided by City – The City will provide all employees with uniforms as described in the most current Policy C-2 (Uniforms) executed by the City and HBFA. Either party may request to meet and confer during the MOU on Policy C-2. B. Uniform Allowance/Fitness – The City shall provide each employee who participates in the Fire Department’s current physical fitness program, Policy D-9, one hundred fifty dollars ($150) per fiscal year for the purchase of physical fitness uniforms and physical fitness shoes, payable in the first payroll period of December. New employees must actively participate a minimum of 90 days prior to December 1st to be eligible for the December uniform allowance. Either party may request to meet and confer during the MOU on Policy D-9. C. Uniform Care and Replacement: 1. The City, at no cost to the employee, shall replace any uniforms with the exception of the physical fitness uniforms that are destroyed, become unacceptable, or were damaged by circumstances involving the Firefighter’s regular work while on duty. 2. The uniforms described in paragraph A of this Article and Policy C-2 (Uniforms) shall be replaced by the City whenever the Fire Chief or their sworn designee determines that such replacement is necessary. 3. The employee shall be responsible for the preservation and cleaning of all uniforms. 4. All uniforms and equipment furnished by the City, with the exception of T-shirts, shall remain the property of the City and be returned or replaced if the employee terminates. D. Uniform Policies and Advisory Committee: 1. The present uniform and clothing policies, as delineated in this Article, shall remain in effect. Either party may seek to meet and confer over a change to the policy during the term of this MOU. All safety clothing and uniforms required by the City to be worn by employees during working hours shall meet all applicable State and Federal regulations relating to said clothing and, with the exception of station uniforms, be of a high quality, fire resistant material. 2. A uniform advisory committee composed of two (2) members appointed by the Association and two (2) representatives appointed by the Fire Chief, shall make recommendations on the uniforms to be worn, the method of said uniforms will be provided and obtained and further recommendations on safety clothing and uniforms may be required during the term of this MOU. E. Reportable to PERS - The City will report as special compensation, in accordance with Title 2, California Code of Regulations, Section 571(a)(5) to the California Public Employees’ Retirement System (CalPERS), for each classification the average annual cost of uniforms provided by the City as well as the physical fitness uniform described in Subsection (B). For employees who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms shall apply. Upon request, the City will inform HBFA of the amounts reported as special compensation under this provision. For “new members” as defined by the Public 218 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 11 Employees’ Pension Reform Act of 2013, the cost of uniforms will not be reported as compensation earnable to CalPERS. ARTICLE IX – HOURS OF WORK/OVERTIME A. Work Schedule: 1. All twenty-four (24) hour shift employees shall work an average of fifty-six (56) hours per week pursuant to the current schedule of two (2) twenty-four (24) hour shifts in a two (2) day period with four (4) consecutive days off. All twenty-four (24) hour shift employees shall be on a twenty-four (24) day work period consistent with the 7(K) exemption set forth in the Fair Labor Standards Act (FLSA). 2. Administrative work schedules are to be forty (40) hours per week on a four (4) day workweek, ten (10) hours per day, twenty-eight (28) day 7(K) FLSA work period. 3. The parties agree that these work schedules shall continue unless and until it is changed in the future through labor negotiations. B. Hours of Work - Defined: 1. Hours worked shall be defined as actual time worked, approved vacation, sick leave, compensatory time off, bereavement leave, and industrial injury or illness leave, with the exception of exchange of shift not being included. 2. Exchange of shifts (aka as shift trades) shall occur at 0800 hours each day and comply with Fire Department Rules and Regulations, Policy B-2. 3. Meal periods are paid as hours worked for personnel who are subject to call for emergency duty. 4. The maximum time allowed within the forty (40) hour workweek (for employees assigned to work 40 hours per week) schedule for physical fitness shall not exceed four (4) hours within any given workweek. All physical fitness activities considered to be work activities shall be conducted on duty at the fire stations or as provided in the current fitness policy D-9. Fitness activities shall be conducted under supervision as appropriate. 5. An employee who is held over beyond the end of their regular shift shall be compensated for the actual time they are required to remain on duty, computed to nearest quarter (1/4) hour. If an employee works seven minutes or less, the time will be rounded down and if eight minutes or more will be rounded up to the nearest quarter (1/4) hour. 6. Exchanges of time (aka shift trades) count as hours worked for the employee whose shift was worked, not for the employee who worked the shift. These hours count as hours worked for FLSA purposes only. 7. An employee shall be considered to be working if they are ordered to duty by the Fire Chief or their sworn designee. C. Level Pay Plan: 219 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 12 1. Twenty-four (24) Hour Shift Personnel – The 24-day FLSA work period for each employee shall begin at 8 a.m. All hours worked in excess of 182 hours in an FLSA work period shall be compensated at the premium rate (one- and one-half times the regular rate of pay). All regularly scheduled non “lost time” hours shall be counted as hours worked. Each employee assigned to twenty-four-hour shifts for a full FLSA work period shall receive 106.15 hours of regular pay and 5.85 hours at the overtime rate of pay, as defined in subsection D.1.a. of this Article, in each bi-weekly pay period, which shall compensate the employee for FLSA overtime for regularly scheduled shift work. 2. In addition to the overtime pay as provided in subsection 1 above, twenty-four (24) hour shift employees shall receive pay at the overtime rate for hours worked in excess of regularly scheduled hours unless the employee has “lost time” in a regularly scheduled shift. If there is “lost time” in any regularly scheduled shift, the employee shall receive overtime pay for only those overtime hours worked in excess of the number of lost time hours in the bi-weekly pay period. 3. Lost Time Defined – “Lost time” is defined as time when the employee does not work when regularly scheduled to do so and does not receive a leave of absence with pay. 4. Forty (40) Hour Work Week – Personnel who are not assigned to twenty-four hour shifts but are assigned to work forty (40) hours per week shall have a twenty-eight (28) day FLSA work period, which shall correspond to exactly two City pay periods and shall begin at the same time as a City pay period. Forty (40) hour personnel shall continue to receive overtime pay for working hours in excess of their regularly scheduled hours. 5. 4/10 Work Schedule Defined – The 4/10 work schedule shall be defined as working four (4) days at ten (10) hours per day in an FLSA designated work week. Meal periods are regarded as hours worked for personnel who are subject to call for emergency duty. All employees on the 4/10 work schedule are subject to be called to work any time t o meet any and all emergencies or unusual conditions which, in the opinion of the City Manager, Department Head or designee may require such service from said employees. D. Overtime/Compensatory Time Off: 1. Paid Overtime: a. All employees covered by this MOU shall be eligible for overtime pay at one and one- half (1½) times their regular rate of pay, as defined by the FLSA, for all actual work performed in excess of the employees’ scheduled hours in their declared work period. Employees assigned to fire suppression duties are scheduled to work 182 hours in the declared 24-day FLSA work period. b. Any employee who works overtime in either a higher or lower classification shall be compensated at the rate of pay consistent with the classification worked. However, if an employee is force hired to work in a lower classification (e.g., a Fire Engineer is force hired to work as a Firefighter) the employee shall be compensated at the rate attendant to their regular classification. c. The City will maintain and adhere to the callback staffing system as set out in the most current Policy D-3 executed by the parties. The callback staffing system and/or 220 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 13 Policy D-3 may be modified by mutual agreement of the parties at any time during the term of the MOU. 2. Compensatory Time Off: a. Non-Exempt – All overtime worked by non-exempt employees shall be compensated at the employee’s overtime rate of pay and shall not be compensated by compensatory time off. b. Staff Personnel – For all employees in the classification of Administrative Fire Captain, in lieu of compensation by cash payment for overtime as provided in this Article, such employees may, at their option and with the approval of the Fire Chief or designee, be compensated by compensatory time off at time and one half for each overtime hour worked. 1) Compensatory time off may be accumulated to a maximum of one hundred- twenty (120) hours. Compensatory time off may be taken on an hour-for-hour basis, with the approval of the Fire Chief or their sworn designee. Permission shall be granted unless granting the request will unduly disrupt the Department, or unless denying the request will violate the FLSA. By December 15 of each year, an employee may make an irrevocable election to cash out compensatory time off hours which they may earn in the following calendar year. An employee will receive the cash for the compensatory time off (assuming they have earned it) they irrevocably elected to cash out in the following calendar year. They can either receive the cash all in the first pay period in December or half the cash in the second pay period in July and the other half in the first pay period in December. However, if the employee has not earned the compensatory time off for which they elected to cash out (either in July or December) the employee will receive cash for the amount of compensatory time off they have accrued in the calendar year. If an employee makes an irrevocable election to cash out compensatory time off in the following calendar year and uses compensatory time off in that subsequent year, the compensatory time off used will come from annual leave the employee had earned prior to January 1 of the year the employee has elected to cash out annual leave. This is to ensure that assuming an employee had a compensatory time off balance prior to January 1, the compensatory time off used will not result in a reduction in the amount of compensatory time off the employee will be eligible to cash out. In addition to the above, an employee who has an “unforeseen emergency” (defined as an unanticipated emergency that is caused by an event beyond the control of the employee and that would result in severe financial hardship to the employee if early withdrawal were not permitted) shall be entitled to make a request to the Administrative Services Director for a payoff of accrued compensatory time. The amount of compensatory time off which may be paid off is limited to the amount necessary to meet the emergency. The maximum payoff the employee can receive for an emergency what is in their compensatory time off bank. 2) Compensatory time off may not be received in lieu of a cash payment for time worked during major emergencies when, in the opinion of the Fire Chief or 221 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 14 their sworn designee, the City may be eligible for reimbursement from another agency for said cash payment. c. Compensatory Time Paid Off – Immediately prior to the time of any change in the salary schedule, any accumulated time, which has not been used or paid off, shall be eligible to be paid in cash at the regular rate of pay based upon the salary schedule for forty (40) hour per week personnel in effect prior to the change. 3. Callback – Employees who are ordered to return to duty on other than their regularly scheduled shift shall receive a minimum of two (2) hours compensation at the employee’s overtime rate of pay. 4. Mandatory Standby – Any employee may be placed on “mandatory standby” by the Fire Chief or their sworn designee. Employees on mandatory standby must remain available for immediate response during the designated standby period. All personnel placed on mandatory standby shall receive a minimum of two (2) hours compensation for each twelve (12) hours of off duty standby time or fraction thereof. 5. Required Training Attendance – An employee who is required to attend a class or seminar to maintain their current position shall have their related expenses paid by the City. If attendance occurs at a time when the employee is not scheduled to work, they shall be compensated on an hourly basis. 6. Cancellation of Overtime – Any employee who is scheduled by the City to work overtime in advance of the time set forth for such scheduling in accordance with the Huntington Beach Fire Department Organization Manual Policy D-3, which is subsequently cancelled less than seventy-two (72) hours in advance of the commencement of the scheduled overtime shift, shall receive a minimum of two (2) hours pay at the employee’s overtime rate. 7. Court Time: a. Employees placed on standby for a court appearance involving City business during other than their scheduled working hours shall receive a minimum of two (2) hours base rate of pay for each morning and/or afternoon session. b. Employees appearing in court on City business during other than their scheduled working hours shall receive a minimum of three (3) hours pay at the overtime rate; provided, however, that if such time overlaps with the employee’s scheduled working hours, said pay shall be limited to those hours occurring prior to or after the employee’s scheduled work time. c. Employees shall not receive both standby pay and overtime pay for the same court session. An employee who is on standby and reports to court will be paid in accordance with (b) above. 8. Pay Out of Rank - Subject to the approval of the Fire Chief or their sworn designee, an employee may voluntarily work in a classification below their rank. E. Jury Duty Employees who are summoned to perform jury service shall be entitled to their regular compensation while serving; provided the fees, except mileage and subsistence allowance, if any, which they receive as jurors, are remitted to the City. 222 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 15 If an employee calls in at night and finds out that they must report to jury duty the next day (and are scheduled to be working that day as part of a regular shift or on an overtime basis), they must contact their Battalion Chief as soon as possible so that coverage can be arranged for their shift. Employees are required to return to work if dismissed by the Court from jury duty. The returning employee will go back to their shift and the employee who replaced them will be relieved from duty at that time for the remainder of the shift. F. Shift Exchange/Relief: The Fire Department shall allow Association members’ exchanges of schedule pursuant to the most current Policy D-7 of the Huntington Beach Fire Department Organization Manual that has been executed by the parties. Policy D-7 (Exchange of Work Schedule) may be modified by mutual agreement of the parties at any time during the term of this MOU. An employee may be relieved by any other employee who is qualified to relieve him/her at any time by utilizing appropriate leave (i.e., vacation). In addition, the parties acknowledge Department of Labor regulation, 29 CFR section 553.225 which provides: It is a common practice among employees engaged in fire protection activities to relieve employees on the previous shift prior to (between the hours of 0600 and 0800) the scheduled starting time. Such early relief time may occur pursuant to employee agreement, either expressed or implied. This practice will not have the effect of increasing the number of compensable hours of work for employees employed under section 7(k) where it is voluntary on the part of the employees and does not result, over a period of time, in their failure to receive proper compensation for all hours actually worked. On the other hand, if the practice is required by the employer, the time involved must be added to the employee's tour of duty and treated as compensable hours of work. G. Station / Shift Assignments Station / Shift Assignments shall be set by following Organizational Manual Policy D-24. H. Minimum Staffing and Filling Vacancies: 1. Minimum Staffing Levels– The City shall cause apparatus to be staffed with sufficient employees to assure the safety of employees and the control of risk. For these purposes, the minimum staffing of apparatus shall be as defined by Policy D-14, Minimum Staffing and Filling of Vacancies, a copy of which is attached as Exhibit G and incorporated by reference herein. a. Minimum staffing in the Fire Department is set forth in Policy D-14, which is in Appendix G to this MOU. b. If a Rank Paramedic is activated on a Paramedic Engine, the overall number of on- duty Firefighters will increase and the overall number of Firefighter/Paramedics will decrease for each Rank Paramedic. However, the total number of on-duty Paramedics will be no less than 16. c. If the Fire Chief determines the need to convert a Truck Company to a PAU or Paramedic Truck Company, the overall number of on-duty paramedics shall be no less than 16. 223 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 16 I. Probationary Period: 1. Length of the Probationary Period - Employees in the bargaining unit shall serve a probationary period when initially appointed to a position in the unit and also when they promote into a higher rank. The probationary period shall be one year from the time of initial appointment or promotion into a higher rank. 2. Extension of the Probationary Period - An employee who uses more than 120 hours of leave for any purpose by the last day of their probationary period will have their probationary period extended by the total amount of leave (paid or unpaid) used during the probationary period. ARTICLE X – HEALTH AND OTHER INSURANCE BENEFITS A. Health Insurance - The City shall continue to make available group health, dental, and vision benefits to all HBFA employees. B. Eligibility Criteria and Cost: 1. City Paid Health Insurance – Employees and Dependents –An employee, eligible dependents, and qualifying domestic partners per state law, shall become eligible to participate in the City’s insurance plan described below effective the first of the month following the employee’s date of hire. Any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates. 2. Employer Contributions to Health and Other Insurance Benefits– The City’s maximum monthly employer contributions for health and other insurance premiums is set forth in the charts below. The amounts listed below are inclusive of the CalPERS statutory PEMHCA minimum amount. Table 1. HBFA Health Contributions Effective January 6, 2024 Maximum City Contribution Tier Medical Dental PPO Dental HMO Vision Single 900.00 42.88 23.00 17.58 Two Party 1,650.00 81.82 39.11 17.58 Family 2,100.00 116.36 59.81 17.58 Opt-out 900.00 - - - Table 2. HBFA Health Contributions Effective January 1, 2025 Maximum City Contribution Tier Medical Dental PPO Dental HMO Vision Single 975.00 42.88 23.00 17.58 Two Party 1,728.00 81.82 39.11 17.58 Family 2,201.00 116.36 59.81 17.58 224 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 17 Opt-out 975.00 - - - Table 2. HBFA Health Contributions Effective January 1, 2026 Maximum City Contribution Tier Medical Dental PPO Dental HMO Vision Single 1,050.00 42.88 23.00 17.58 Two Party 1,794.00 81.82 39.11 17.58 Family 2,285.00 116.36 59.81 17.58 Opt-out 1,050.00 - - - In no event shall the employee be entitled to the difference between the employer contribution and the premiums for insurance plan(s) selected by the employee. C. Public Employees’ Medical and Hospital Care Act (PEMHCA) Option – The City contracts with CalPERS to provide medical benefits to bargaining unit members in accordance with the Public Employees' Medical and Hospital Care Act (PEMHCA). The City contracts for the unequal method of employee contribution in accordance with Government Code section 22893. D. Medical Opt-Out– If an employee is covered by a group health insurance outside of a City- provided program (evidence of which must be supplied to the Human Resources Division, as described below), the employee may elect to discontinue City health insurance coverage and receive a cost equivalent to the single-party maximum City contribution This amount may be deposited into the employee’s deferred compensation account or any other pre-tax program offered by the City. In order to be eligible for the opt-out payment the employee must be able to demonstrate to the City’s satisfaction that they have minimum essential coverage as defined by the Affordable Care Act, (through another source other than coverage in the individual market, whether or not obtained through Covered California) and will not incur penalties under the ACA. E. Section 125 Plan– Employees shall be eligible to participate in a City approved Internal Revenue Code Section 125 Flexible Spending Plan under the same terms and conditions as all other eligible City employees. This plan allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or non-reimbursable medical expenses up to maximums provided by law. F. Life and Accidental Death and Dismemberment: 1. Life – The City shall provide a $50,000 (fifty thousand dollars) Life Insurance plan for each employee. 2. Accidental Death and Dismemberment – The City shall provide a fifty thousand dollars ($50,000) Accidental Death and Dismemberment Insurance plan for each employee. G. Long Term Disability – The City shall pay to the Association on behalf of each employee covered by this MOU, on a monthly basis, an amount not to exceed thirty-eight dollars ($38.00) per member for a Long-Term Disability policy. The program shall be subject to the terms and conditions contained in Exhibit E. 225 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 18 H. Retiree Medical Coverage for Retirees Not Eligible for the City Medical Retiree Subsidy Plan Employees who retire from the City after January 1, 2004, are granted a retirement allowance by the California Public Employees’ Retirement System, and are not eligible for the City’s Retiree Subsidy Medical Plan, may choose to participate in any health insurance plans available to all active employees in this bargaining unit until the first of the month in which they turn age sixty-five (65). The retirees shall pay the full premium for any - health insurance for themselves and/or qualified dependents without any City subsidy. Employees who retire from the City, receive a retirement allowance from the California Public Employees’ Retirement System, are not eligible for the City’s Retiree Subsidy Medical Plan and choose not to participate in City medical insurance plans available to eligible retirees in this bargaining unit upon retirement, will permanently lose eligibility for this insurance. However, if a retiree who is not eligible for the City’s Retiree Subsidy Medical Plan chooses not to participate in available medical insurance plans because the retiree has access to other group medical insurance, and subsequently loses eligibility for that group medical insurance, the retiree and their qualified dependents will have access to medical insurance plans available to retirees eligible for reinstatement. Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree or qualified dependent turns age sixty-five (65). I. Post-65 Supplemental Medicare Coverage – Retirees who are participating in the Retiree Subsidy Medical Plan as of January 1, 2004 and all future retirees who meet the criteria to participate in available medical insurance, with or without the Retiree Medical Subsidy Plan, may participate in available medical insurance plans that are supplemental to Medicare. A retiree or qualified dependent must choose to participate in available medical insurance plans that are supplemental to Medicare beginning the first of the month in which the retiree or qualified dependent turns age sixty-five (65). The retiree shall pay the full premium to participate in available medical insurance plans that are supplemental to Medicare for themselves or qualified dependents without any City subsidy. Retirees or qualified dependents, upon turning age 65, who choose not to participate in available medical insurance plans that are supplemental to Medicare permanently lose eligibility for this insurance. J. Retiree Medical Trust (RMT) The City authorizes the HBFA to participate in a retiree medical plan administered by the PORAC Retiree Medical Trust, with the following conditions: 1. The City and HBFA agree that the City shall not provide any contribution to the program. 2. Effective 10/01/2020, City shall withhold $100.00 per month for each represented employee. Thereafter, said withholding shall be in an amount as designated in writing by HBFA. Deductions shall be made on the first two pay periods of each month. 3. The City shall withhold $100.00 per month for each represented employee to participate in the program. The withholding could change and if it does, it shall be in an amount as 226 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 19 designated in writing by the HBFA. Deductions shall be taken on the first two checks of each month. 4. 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 Exemption) 5. HBFA shall pay all associated expenses incurred to participate in this program. 6. Upon request, the HBFA shall provide documentation to the City as follows: a. A copy of the in-force employee medical welfare benefit trust fund program; b. A statement certifying that funds collected are for employee welfare medical benefits for HBFA represented employees only; c. A copy of the current program document as well as any changes, amendments or written confirmation that there have been no changes to the employee medical welfare benefit trust fund program provider; d. Verification of the funds submitted to the PORAC Retiree Medical Trust; and e. A statement certifying that the submitted funds are only being utilized to provide employee welfare medical benefit trust funds for participating members including members of the HBFA. 7. City shall pay the withheld funds to the PORAC Retiree Medical Trust bi-weekly. 8. All Federal and State laws regarding employee medical welfare benefit trust funds coverage shall be followed. 9. HBFA agrees that it will indemnify and hold harmless the City as well as all direct or indirect successors, officers, directors, heirs, predecessors, assigns, agents, insurers, employees, attorneys, representatives, and each of them, past and present, from and against any claims, lawsuits, penalties, interest, taxes, or liability of any kind whatsoever, which may result from the qualified employee welfare benefit trust fund program. 10. The City hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust Office in regard to reporting and depositing the required contributions set forth above. The City will cooperate with the Trust in allowing a payroll audit for the purpose of ascertaining if the proper amount of contributions have been made. K. Miscellaneous: 1. Nothing in this Article shall be deemed to restrict the City’s right to change insurance carriers should circumstances warrant. 2. Nothing in this Article shall be deemed to obligate the City to improve the benefits outlined in this Article. 3. Whenever an eligible employee is absent because of illness or injury, the City shall continue to provide to the employee and their dependents, all of the insurance benefits set forth in this Article for the duration of any such approved absence not to exceed twenty- four (24) months. 227 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 20 ARTICLE XI – RETIREMENT 1. Public Employees’ Retirement System: a. The City shall provide all safety employees described as “classic members” by the Public Employees’ Pension Reform Act of 2013 (PEPRA) with that certain retirement program commonly known and described as the “3% at age 50 plan,” which is based on the retirement formula as set forth in the California Public Employees’ Retirement System (PERS), Section 21362.2 of the California Government Code, including the one-half continuance option (Government Code Sections 21624 and 21626) for safety employees and the Fourth Level of the 1959 survivor option for all employees as established by the California Public Employees’ Retirement System, Section 21571 of the California Government Code. b. All “classic members” shall pay their CalPERS member contribution of nine percent (9%) of pensionable income. Effective the beginning of the pay period including July 1, 2021, all classic members shall pay four percent (4%) additional compensation earnable as employer cost sharing in accordance with Government Code section 20516(f) – for an employee pension contribution of thirteen percent (13%). The parties agree that this cost sharing agreement per Government Code section 20516(f) shall continue after the expiration of this MOU unless/until otherwise negotiated to either an agreement (in a successor MOU) or the expiration of the impasse process by the parties. c. The City contracts with PERS to have retirement benefits calculated based upon the employee’s highest one year’s compensation, pursuant to the provisions of Section 20042 (highest single year). This benefit is available to “classic members” of CalPERS. d. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU. e. The City provides the Pre-Retirement Optional Settlement 2 Death Benefit as set forth in California Government Code Section 21548 for all safety employees represented by the Association. f. For “New Members” within the meaning of the California Public Employees’ Pension Reform Act of 2013 (PEPRA). 1) New Members shall be governed by the two and seven tenths percent at age 57 (2.7% @ 57) retirement formula set forth in Government Code section 7522.25(d) for all safety employees defined as “new members” per PEPRA represented by the Association. 2) Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member as required by Government Code section 7522.32(a). 228 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 21 3) New members shall contribute one half of the normal cost rate, as established by CalPERS. 4) Effective the beginning of the pay period including July 1, 2021, “new members” safety members shall pay at least thirteen percent (13%) of pensionable compensation as their retirement contribution. If the required contribution per PEPRA (half the normal cost) is less than thirteen percent (13%), employees shall pay the difference between the required PEPRA contribution and thirteen percent (13%) as cost sharing per Government Code section 20516(f). If the required PEPRA contribution is at least thirteen percent (13%) or more, “new members” safety members will pay the required PEPRA contribution. g. The City has adopted the CalPERS Resolution in accordance with IRS Code section 414(h)(2) to ensure that both the employee contribution and the City pickup of the required member contribution are made on a pre-tax basis. However, ultimately, the tax status of any benefit is determined by the law. h. Reporting of Base Salary – Provisions of the Level Pay plan, Article VII.C, shall be used for purposes of reporting the bi-weekly pay of twenty-four (24) hour shift employees to the Public Employees’ Retirement System (PERS). 2. Self-Funded Supplemental Retirement Benefit: a. In the event a member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employees’ Retirement Law, the City shall pay the difference between such elected option and the unmodified allowance which the member would have received for 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 the sole discretion of the City. This benefit is vested for employees covered by this MOU. b. Employees hired on or after October 4, 1999, shall not be eligible for the “Supplemental Retirement Benefit” referenced in Article IX.A.2a above. 3. Medical Insurance for Retirees: a. Upon retirement, whether service or disability, each employee shall have the following options in regards to medical insurance under available plans: 1) With no change in benefits, retirees can stay in any of the plans offered by the City, to active members in this bargaining unit, at the retiree’s own expense, for the maximum time period required by Federal Law (COBRA), or 2) Early retirees (under age 65) may participate in the available health plans currently being offered to active employees. 3) Retirees over age 65 may participate in the Post-65 Supplemental Medicare Coverage described in Article VIII.I. 229 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 22 b. Retired employees exercising either of the options in Article IX.A.3.a may cause any premiums not paid by the City to be paid out of funds due and owed to them for unused sick leave benefits upon retirement, as provided in Article IX.A.3.a. However, whenever a retired employee does not have any such available funds, they shall have the opportunity to provide the City with sufficient funds to pay the premiums. At retirement, the sick leave hours remaining may, at the employee’s option, be converted to a dollar figure, as provided in Article IX.A.3.a, and an estimate shall be provided by the City to the retired employee as to the approximate number of months the group insurance can be paid by such sick leave dollars. The City shall notify any retired employee whose funds available for unused sick leave benefits are about to be exhausted of such fact, in writing by certified mail, return receipt requested, at the retired employee’s most recent address of record with the City no later than three (3) months prior to the date upon which there will not be sufficient funds to pay premiums. It shall be the individual retiree’s responsibility either to ensure that there are sufficient sick leave dollars available to pay premiums or to make premium payments at least one (1) month in advance, to continue the group insurance in effect. If following exhaustion of sick leave funds a retired employee fails to provide the City with sufficient additional funds to pay premiums, the City shall have the right to notify said retired employee in the manner prescribed above that it intends to cause their coverage to be terminated for non-payment of premiums, and the further right to terminate such coverage, if such default has not been cured within thirty (30) days following receipt of such notice. Any retired employee electing to obtain such medical coverage after retirement shall have no further option to terminate such coverage following the provision of thirty (30) days written notice to the City, whereupon any funds due and owed to him/her for unused sick leave benefits that have not been exhausted to pay these health insurance premiums shall be paid in a lump sum to the retired employee within thirty (30) days following receipt by the City of such notice. Once a retired employee elects to terminate such coverage, they shall be precluded from securing it at a later date at the group rate. B. Reinstatement Privileges for Disability Retirees – If a retiree seeks to cause PERS to revoke their disability retirement (within three years of the effective date of the disability retirement) on the grounds that they are no longer incapacitated from performing the duties of the position held at the time of retirement, the City will not certify that they are no longer incapacitated from performing those duties until the employee passes the Departmental physical agility test. If PERS revokes their disability retirement, the City shall immediately reinstate the employee at their former position and pay step. ARTICLE XII – LEAVE BENEFITS A. Leave with Pay: 1. Vacation – The purpose of annual vacation is to provide a rest period, which will enable each employee to return to work physically and mentally refreshed. All employees shall be entitled to annual vacation, with pay, in accordance with this Article. a. Accrual – Employees shall accrue annual vacations at their appropriate assigned work schedule rate, either forty-hour (40) or fifty-six (56) hour workweek. Paychecks will identify the accrued vacation (Accrued) and accrual rate (Constant) based on their actual work schedule, either a forty (40) hour or fifty-six (56) hour schedule. In the event of a change in work schedules, personnel will have their accrued vacation (Accrued) and accrual rate (Constant) changed to the new schedule using the conversion factor .7143 (40  56). Personnel who change from a fifty-six (56) hour schedule to a forty (40) hour schedule shall multiply the existing hours by .7143, (see 230 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 23 Exhibit G). Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their existing hours by .7143. Personnel shall accrue annual vacations at the following rates1: For the first four (4) years of continuous service vacation time shall be accrued at the rate of one hundred and twelve (112) hours per year for forty (40) hour per week employees, and one hundred and fifty-seven (157) hours per year for fifty-six (56) hour per week employees. After four (4) years of continuous service to the completion of nine (9) years of continuous service, vacation time shall be accrued at the rate of one hundred thirty- six (136) hours per year for forty (40) hour per week employees, and one hundred and ninety (190) hours per year for fifty-six (56) hour per week employees. After nine (9) years of continuous service to the completion of fourteen (14) years of continuous service, vacation time shall be accrued at the rate of one hundred sixty (160) hours per year for forty (40) hour per week employees, and two hundred and twenty-four (224) hours per year for fifty-six (56) hour per week employees. After fourteen (14) years of continuous service vacation, time shall be accrued at the rate of one hundred ninety-two (192) hours per year for forty-hour (40) per week employees, and two hundred sixty-nine (269) hours per year for fifty-six hour (56) per week employees. Vacation allowance shall not be accumulated in excess of three hundred forty-two (342) hours for forty (40) hour per week employees, and four hundred and eighty (480) hours per year for fifty-six (56) hour per week employees. b. Eligibility and Permission – No vacation may be taken until the completion of six (6) months of employment. No employee shall be permitted to take vacation in excess of actual time earned and no employee shall take vacation that is being accrued while the employee is on vacation. Vacations shall be taken only with permission of the Fire Chief or their sworn designee, who shall schedule all vacations with due consideration for the request of the employee and particular regard for the need of the Department. The Fire Department operates on a three-shift basis, with personnel being assigned to the “A, B or C” Shift for work scheduling purposes. On each such shift, there shall be four (4) available vacation absences (referred to as “vacation slots”). That is, at any one time, there may be four (4) persons absent from duty on each such shift due to vacation. These slots shall be made available by rank, one (1) to Firefighters, one (1) to Fire Engineers, one (1) to Firefighter Paramedics; and one (1) to Captains. Thereafter, each additional employee shall be entitled to receive time off for requested vacation leave, so long as a qualified replacement is available to serve in their absence. c. Conversion to Cash – By December 15 of each year, an employee may make an irrevocable election to cash out up eighty (80) hours (for employees assigned to the 40 hour workweek) at the 40 hour rate, or one hundred and twelve (112) hours (for employees assigned to the 24 hour suppression shift) at the 56 hour rate, which will be earned in the following calendar year. In the following year, the employee can 1 For a detailed explanation regarding conversion refer to Exhibit F 231 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 24 a receive the cash for the vacation they irrevocably elected to cash out in either two (2) equal increments of half of what they elected to cash out or one (1) increment of up the maximum they elected to cash out. The employee would be paid one half of what they irrevocably elect to cash out on both the second pay day in July and the first pay day in December or the employee can elect to be paid the full amount they elected to cash out on the first pay day in December. However, if the employee’s vacation balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of vacation the employee has accrued at the time of the cash out. If an employee makes an irrevocable election to cash out vacation in the following calendar year and uses vacation in that subsequent year, the vacation used will come from vacation the employee had earned prior to January 1 of the year the employee has elected to cash out vacation. This is to ensure that assuming an employee had a vacation balance prior to January 1, the vacation used will not result in a reduction in the amount of vacation the employee will be eligible to cash out. In addition to the above, an employee who has an “unforeseen emergency” (defined as an unanticipated emergency that is caused by an event beyond the control of the employee and that would result in severe financial hardship to the employee if early withdrawal were not permitted) shall be entitled to make a request to the Administrative Services Director for a payoff of accrued vacation. The amount of vacation which may be paid off is limited to the amount necessary to m eet the emergency. The maximum payoff the employee can receive for an emergency is limited to eighty (80) for forty hour employees and 112 hours for 56 hour employees. In addition to the employee’s election to cash out vacation, any vacation accumulated in excess of three hundred-forty-two (342) hours at the forty (40) hour rate, or four hundred and eighty (480) hours at the fifty-six (56) hour rate shall be paid in cash at the regular rate of pay on the first payday following such accumulation. d. Pay-Off at Termination – Except as provided in Section A.1.c. of this Article, no employee shall be paid for unused vacation other than upon termination of employment. Any vacation pay off at termination shall be at the regular rate of pay and the accrual rate the employee is earning at the time of separation. 1) Transfer of the Value of Vacation Leave at Separation - At the time of separation, the value of any unused earned Vacation Leave (earned up to the last day of employment) will be transferred to either the employee's deferred compensation account or to the Retiree Medical Trust outlined in Article VIII, Section J, on a pre-tax basis. The value of each hour of Vacation Leave will be the employee's base rate of pay at separation and the accrual rate the employee is earning at the time of separation. The employee must make the election for the transfer (to either deferred compensation or the Retiree Medical Trust) no later than the pay period prior to the employee's last day of employment. If no election is made, all unused earned Vacation Leave will be transferred to the Retiree Medical Trust upon separation. If the employee elects to place some of the Vacation Leave into their deferred compensation account or reaches the 232 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 25 maximum annual deferral into their deferred compensation account, the remaining amount will be transferred to the Retiree Medical Trust. 2) Vacation Leave Pay at Separation for Employees Exempt from the Retiree Medical Trust - Upon separation of employment, employees exempt from the Retiree Medical Trust shall be paid for unused Vacation Leave at their current regular rate of pay for all unused, earned Vacation Leave to which they are entitled up to and including the last day of employment. 2. Sick Leave: a. Accrual – The conversion factor for sick leave accrual shall be in accordance with Rule 18-9 of the City’s Personnel Rules. Employees covered by this MOU shall accrue sick leave at the rate of 3.6923 hours per pay period for 40-hour week employees, and 5.1691 for fifty-six (56) hour week employees. Paychecks will identify the accrued sick leave (Accrued) and accrual rate (Constant) based on their actual work schedule, either a forty (40) hour or fifty-six (56) hour schedule. In the event of a change in work schedules, personnel will have their accrued sick leave (Accrued) and accrual rate (Constant) changed to the new schedule using the conversion factor .7143. Personnel who change from a fifty-six (56) hour schedule to a forty (40) hour schedule shall multiply their accrual rate by .7143, (see Exhibit F). Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their accrual rate by .7143. b. Pay-Off at Termination – Upon termination for reasons other than for industrial disability retirement, an employee shall have their accrued sick leave paid at the regular rate of pay and the accrual rate the employee is earning at the time of separation. Sick Leave shall be paid (or have paid on their behalf as provided in Article IX.A.3.b) at twenty-five percent (25%) of unused, earned sick leave from four hundred-eighty (480) through seven hundred-twenty (720) hours, and at fifty percent (50%) of all unused, earned sick leave for hours in excess of seven hundred-twenty (720) hours. Upon termination for industrial disability retirement, an employee shall have their accrued sick leave paid (or have paid on him/her behalf as provided in Article IX.A.3.b) at the regular rate of pay and the accrual rate at the time of separation at twenty-five percent (25%) of unused, earned sick leave from zero (0) through four hundred-eighty (480) hours, and at fifty percent (50%) of all unused, earned sick leave in excess of four hundred-eighty (480) hours. c. Utilization in Conjunction with Industrial Disability Leave – Sick leave cannot be used to extend absences due to work-related (industrial) injuries or illnesses. d. Transfer of the Value of Sick Leave at Separation - Upon separation of employment, the value of any unused sick leave, as determined in accordance with sections a-b.1 above, will be transferred to either the employee's deferred compensation account or to the Retiree Medical Trust on a pre-tax basis. e. Sick Leave Pay at Separation for Employees Exempt from the Retiree Medical Trust - Upon separation of employment, employees exempt from the Retiree Medical Trust shall be paid for unused sick leave in accordance with 233 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 26 sections a-b above. 3. Leave Benefit Entitlements – As required by law, employees will be allowed to use up to one-half of their annual Sick Leave accrual for family sick leave, pursuant to the provisions of California Labor Code Section 233. The City shall comply with all state and federal leave benefit entitlement laws and regulations. An eligible employee on an approved leave may be allowed to use earned Sick Leave, Vacation and/or Compensatory Time Off. 4. Bereavement - Employees shall be entitled to bereavement leave not to exceed two (2) work shifts for those employees on the twenty-four (24) hour work schedule, or three (3) work shifts for all other employees in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, children, registered domestic partner; grandfather, grandmother, step-father, step-mother, step-grandfather, step-grandmother, grandchildren, stepsisters, step-brothers, mother-in-law, father-in-law, in-laws of registered domestic partner, brother-in-law, sister-in-law, son-in-law, daughter in- law, step-children, or wards of which the employee is the legal guardian. 5. Association Business – During the term of this MOU, authorized representatives of the Association shall be entitled to receive up to a total of four hundred (400) collective hours without any loss of compensation per contract year to be utilized for lawful Association activities. In addition, up to one hundred-fifty (150) unused hours may be carried forward to the next contract year. B. Voluntary Catastrophic Leave Donation Under certain conditions, employees may donate leave time to another employee in need. The program is outlined in Exhibit H of this MOU. ARTICLE XIII – CITY RULES A. Personnel Rules - All MOU provisions that supersede the City’s Personnel Rules shall automatically be incorporated in the City’s Personnel Rules. B. Precedence of Agreement - In any case in which any provision of this MOU is inconsistent with any City ordinance, rule, regulation, resolution, including provisions of any Fire Department Manual, the provisions of this MOU shall supersede and take precedence. C. Discipline - The procedure and practice regarding discipline is set forth in Exhibit H. D. Layoff Rules - The procedure and practice regarding layoffs as contained in the City’s Personnel Rules in effect on July 1, 1980, shall remain in full force and effect during the entire term of this MOU. ARTICLE XIV – MISCELLANEOUS 234 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 27 A. Fire Department Promotional Exams– Promotional and open competitive examinations shall be held in accordance with the most current Policy D-10 of the Huntington Beach Fire Department Organization Manual executed by the parties. Policy D-10 may be modified by the parties at any time during the term of this MOU. Either party may request to meet and confer during the MOU on Policy D-10. B. Living Quarters – The City shall provide necessary kitchen, living, and sleeping quarters in all fire stations and shall continue to provide facilities for Association meetings. C. Paychecks: 1. Bi-Weekly Pay – Salary shall be paid on a bi-weekly basis. By mutual consent of the City and the Association, early payment and other modifications may be made. 2. Paycheck Stub - An on-line pay stub shall contain an itemization of amounts paid under various categories of pay, including educational incentive pay, holiday pay, and all overtime, and shall also include an itemization of the nature and the purpose of each deduction withheld from the employee’s gross earnings. 3. Direct Deposit – Employees hired on or after January 1, 2007, shall receive their bi-weekly compensation through the City’s direct deposit system. Employees currently participating in the City’s direct deposit program must remain in that program. 4. Vacation Payroll Advance – Each employee shall, at their option, by written notice to the City’s Administrative Services Director, be given at least two (2) weeks prior to the commencement of said employee’s scheduled vacation, be entitled to receive their earned vacation pay, less deductions in advance of said vacation. Said right to receive advance payment of earned vacation pay shall be limited to one such advancement during each calendar year. D. California Driver License for Firefighting Equipment– Employees required by the City to obtain a valid Class A, Class B or Class C California driver license with firefighter endorsement or Class B restrictive California driver license will be reimbursed for fees paid to the California Department of Motor Vehicles to obtain the Driver License with Firefighter Endorsement. All employees in the classification of Fire Engineer shall be required to possess a valid Class A, Class B or Class C California driver license with firefighter endorsement or Class B restrictive California driver license. All other bargaining unit employees shall be required to obtain the following: All employees hired after February 19, 2008, must acquire a valid Class A, Class B or Class C California driver license with firefighter endorsement or Class B restrictive California driver license prior to completing their probationary period. All employees assigned to the USAR team who possess a valid Class A, Class B or Class C California driver license with firefighter endorsement or Class B restrictive California driver license as of the program’s implementation date shall be required to maintain their license. All current employees assigned to the USAR team prior to the program’s implementation date are not required to have a Firefighter Endorsed Driver License. All current employees assigned to the USAR team after the program’s implementation shall obtain and maintain a valid Class A, Class B or Class C California driver license with firefighter endorsement within one (1) year of their assignment. 235 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 28 All employees assigned to the Hazardous Materials team who possess a valid Class A, Class B or Class C California driver license with firefighter endorsement or Class B restrictive California driver license shall maintain their license. All employees assigned to the Hazardous Materials team prior to February 19, 2008, are not required to obtain a Firefighter Endorsed Driver License. All current employees assigned to the Hazardous Materials team after February 19, 2008, shall obtain and maintain a valid Class A, Class B or Class C California driver license with firefighter endorsement or Class B restrictive California driver license within one (1) year of their assignment. E. Deferred Compensation Loan Program – Employees may utilize the Deferred Compensation Loan Program, under which employees may borrow up to fifty percent (50%) of their deferred compensation funds for critical needs such as medical costs, college tuition, or purchase of a home. The value of any unused earned leave benefits may be transferred to deferred compensation in connection with separation, but the employee must request the transfer no later than the pay period prior to the employee’s last day of employment. ARTICLE XV – MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the City retains all rights, powers, and authority with respect to the management and direction of the performance of fire services and the work forces performing such services. Such rights include, but are not limited to, determination of the merits, necessity, level or organization of fire services, the necessity for overtime, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, including work and safety rules and regulations, in order to maintain the efficiency and economy desirable for the performance of City services. ARTICLE XVI – SUCCESSOR NEGOTIATIONS The parties agree to commence labor negotiations for a successor MOU no later than September 1, 2023. At that meeting, the parties shall discuss ground rules and meeting dates. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this ______ day of _____________, 2024. 236 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION HBFA MOU January 1, 2024 – December 31, 2026 29 CITY OF HUNTINGTON BEACH A Municipal Corporation HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION. By: By: Eric Parra, Interim City Manager/Police Chief Glenn Pavlosky HBFA President By: By: Travis Hopkins Assistant City Manager Bill Cerri HBFA Vice-President By: Theresa St. Peter, Interim Human Resources Director By: Scott Haberle Fire Chief APPROVED AS TO FORM By: Michael E. Gates City Attorney 237 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT A – EMPLOYEE RELATIONS RESOLUTION HBFA MOU January 1, 2024 – December 31, 2026 30 7.3 Human Resources Officer Motion of Unit Modification – The Human Resources Officer may propose, during the same period for filing a Petition for Decertification, that an established unit be modified in accordance with the following procedure: a. The Human Resources Officer shall give written notice of the proposed unit modification to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human Resources Officer’s rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for Appropriateness of Units. Additionally, the Human Resources Officer shall provide all affected employee organizations with all correspondence, memoranda, and other documents, which relate to any input regarding the unit modification which may have been received by the City or from affected employees and/or sent by the City to affected employees; b. Following receipt of the Human Resources Officer’s proposal for unit modification, any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the motion for unit modification to the Personnel Commission; c. The Personnel Commission shall conduct a noticed Public Hearing regarding the motion for unit modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed unit modification which determination may include a granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of bargaining units. Following the Personnel Commission’s determination of the composition of the appropriate unit or units, it shall give written notice of such determination to all affected employee organizations; d. Any party who chooses to appeal from the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. 238 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT B – SALARY SCHEDULE HBFA MOU January 1, 2024 – December 31, 2026 31 HBFA PAY SCHEDULE EFFECTIVE 01-06-2023 40 Hour Rate (Hourly) Job No Job Description Range A B C D E F G 229 Firefighter 189 36.37 38.18 40.09 42.10 44.20 46.41 48.73 160 Fire Engineer 204 42.22 44.33 46.55 48.87 51.32 53.88 56.58 226 Firefighter Paramedic 204 42.22 44.33 46.55 48.87 51.32 53.88 56.58 101 Fire Captain 218 48.53 50.96 53.50 56.18 58.99 61.94 65.04 100 Administrative Fire Captain 229 54.14 56.85 59.69 62.68 65.81 69.10 72.56 56 Hour Rate (Hourly) Job No Job Description Range A B C D E F G 229 Firefighter 189 25.98 27.27 28.64 30.07 31.57 33.15 34.81 160 Fire Engineer 204 30.16 31.66 33.25 34.91 36.66 38.49 40.41 226 Firefighter Paramedic 204 30.16 31.66 33.25 34.91 36.66 38.49 40.41 101 Fire Captain 218 34.66 36.40 38.22 40.13 42.13 44.24 46.45 100 Administrative Fire Captain 229 38.67 40.61 42.64 44.77 47.01 49.36 51.83 Monthly Rate Job No Job Description Range A B C D E F G 229 Firefighter 189 6,303.41 6,618.58 6,949.51 7,296.99 7,661.84 8,044.93 8,447.17 160 Fire Engineer 204 7,318.06 7,683.97 8,068.17 8,471.57 8,895.15 9,339.91 9,806.91 226 Firefighter Paramedic 204 7,318.06 7,683.97 8,068.17 8,471.57 8,895.15 9,339.91 9,806.91 101 Fire Captain 218 8,411.93 8,832.52 9,274.15 9,737.86 10,224.75 10,735.99 11,272.79 100 Administrative Fire Captain 229 9,384.92 9,854.17 10,346.87 10,864.22 11,407.43 11,977.80 12,576.69 239 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT B – SALARY SCHEDULE HBFA MOU January 1, 2024 – December 31, 2026 32 HBFA PAY SCHEDULE EFFECTIVE 01-01-2025 40 Hour Rate (Hourly) Job No Job Description Range A B C D E F G 229 Firefighter 195 38.60 40.53 42.56 44.69 46.92 49.27 51.73 160 Fire Engineer 210 44.82 47.06 49.41 51.88 54.48 57.20 60.06 226 Firefighter Paramedic 210 44.82 47.06 49.41 51.88 54.48 57.20 60.06 101 Fire Captain 224 51.52 54.09 56.80 59.64 62.62 65.75 69.04 100 Administrative Fire Captain 235 57.47 60.35 63.37 66.53 69.86 73.35 77.02 56 Hour Rate (Hourly) Job No Job Description Range A B C D E F G 229 Firefighter 195 27.57 28.95 30.40 31.92 33.52 35.19 36.95 160 Fire Engineer 210 32.01 33.61 35.29 37.06 38.91 40.86 42.90 226 Firefighter Paramedic 210 32.01 33.61 35.29 37.06 38.91 40.86 42.90 101 Fire Captain 224 36.80 38.64 40.57 42.60 44.73 46.96 49.31 100 Administrative Fire Captain 235 41.05 43.11 45.26 47.52 49.90 52.40 55.02 Monthly Rate Job No Job Description Range A B C D E F G 229 Firefighter 195 6,691.20 7,025.76 7,377.05 7,745.90 8,133.19 8,539.85 8,966.84 160 Fire Engineer 210 7,768.27 8,156.69 8,564.52 8,992.75 9,442.38 9,914.50 10,410.23 226 Firefighter Paramedic 210 7,768.27 8,156.69 8,564.52 8,992.75 9,442.38 9,914.50 10,410.23 101 Fire Captain 224 8,929.43 9,375.90 9,844.70 10,336.93 10,853.78 11,396.47 11,966.29 100 Administrative Fire Captain 235 9,962.28 10,460.40 10,983.42 11,532.59 12,109.22 12,714.68 13,350.41 240 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT B – SALARY SCHEDULE HBFA MOU January 1, 2024 – December 31, 2026 33 HBFA PAY SCHEDULE EFFECTIVE 01-01-2026 40 Hour Rate (Hourly) Job No Job Description Range A B C D E F G 229 Firefighter 199 40.17 42.18 44.29 46.50 48.83 51.27 53.83 160 Fire Engineer 214 46.64 48.97 51.42 53.99 56.69 59.52 62.50 226 Firefighter Paramedic 214 46.64 48.97 51.42 53.99 56.69 59.52 62.50 101 Fire Captain 228 53.61 56.29 59.10 62.06 65.16 68.42 71.84 100 Administrative Fire Captain 239 59.81 62.80 65.94 69.24 72.70 76.33 80.15 56 Hour Rate (Hourly) Job No Job Description Range A B C D E F G 229 Firefighter 199 28.69 30.13 31.63 33.22 34.88 36.62 38.45 160 Fire Engineer 214 33.31 34.98 36.73 38.56 40.49 42.52 44.64 226 Firefighter Paramedic 214 33.31 34.98 36.73 38.56 40.49 42.52 44.64 101 Fire Captain 228 38.29 40.21 42.22 44.33 46.54 48.87 51.31 100 Administrative Fire Captain 239 42.72 44.86 47.10 49.45 51.93 54.52 57.25 Monthly Rate Job No Job Description Range A B C D E F G 229 Firefighter 199 6,962.89 7,311.03 7,676.58 8,060.41 8,463.43 8,886.60 9,330.93 160 Fire Engineer 214 8,083.70 8,487.88 8,912.27 9,357.89 9,825.78 10,317.07 10,832.93 226 Firefighter Paramedic 214 8,083.70 8,487.88 8,912.27 9,357.89 9,825.78 10,317.07 10,832.93 101 Fire Captain 228 9,292.00 9,756.60 10,244.43 10,756.65 11,294.48 11,859.21 12,452.17 100 Administrative Fire Captain 239 10,366.79 10,885.13 11,429.39 12,000.86 12,600.90 13,230.94 13,892.49 241 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT C – RETIREE SUBSIDY MEDICAL PLAN HBFA MOU January 1, 2024 – December 31, 2026 34 An employee who has retired from the City shall be entitled to participate in the available medical insurance plans and the City shall contribute toward monthly premiums for coverage in an amount as specified in accordance with this plan, provided: A. At the time of retirement the employee has a minimum of ten (10) continuous years of regular (permanent) City service immediately prior to retirement or is granted an industrial disability retirement. Said service must be continuous unless prior service is reinstated at the time of their rehire in accordance with the City’s Personnel Rules; and B. At the time of retirement, the employee is employed by the City; and C. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees’ Retirement System. The City’s obligation to pay the monthly premium, as indicated, shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: 1. On the first of the month in which a retiree or dependent reaches age 65 or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made), the City’s obligation to pay monthly premiums may be adjusted downward or eliminated. Benefit coverage at age 65 under the City’s sponsored medical insurance plans shall be governed by applicable plan document. 2. In the event of the death of any employee, whether retired or not, the amount of the retiree medical insurance subsidy benefit which the deceased employee was receiving at the time of their death or would be eligible to receive if they were retired at the time of death, shall be paid on behalf of the spouse or dependent(s) for a period not to exceed twelve (12) months. D. Industrial Disability Retirees - Industrial disability retirees with less than ten (10) continuous years of regular (permanent) service shall receive a maximum monthly payment toward the premium for health insurance of $121. Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. Payment shall not exceed dollar amount, which is equal to the full cost of premium for employee only. E. Maximum Monthly Subsidy Payments - The payment amounts may be reduced each month as dependent eligibility ceases due to death, divorce or loss of dependent child status. However, the amount shall not be reduced if such reduction would cause insufficient funds needed to pay the full premium for the employee and the remaining dependents. In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. All retirees, including those retired as a result of industrial disability whose number of years of continuous regular (permanent) service immediately prior to retirement exceeds ten (10) years, shall be entitled to maximum monthly payment of premiums by the City for each year of completed City service as follows: 242 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT C – RETIREE SUBSIDY MEDICAL PLAN HBFA MOU January 1, 2024 – December 31, 2026 35 Maximum Monthly Payment for Retirees After: Years of Service 10 $ 121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 F. Eligibility: 1. The effective start-up date of the Retiree Subsidy Medical Plan for the eligible retirees shall be the first of the month following retirement date. 2. A retiree may change plans, add dependents, etc., during annual open enrollment. The City shall notify covered retirees of this opportunity each year. 3. Years of service computed for the Retiree Subsidy Medical Plan are actual years of completed continuous regular (permanent) service with the City of Huntington Beach immediately prior to retirement. 4. When a retiree is eligible for medical plan coverage at the expense of another employer due to post-retirement employment of the retiree or spouse of the retiree, the retiree and their spouse must take that coverage regardless of benefit level and shall be deleted from any City sponsored health insurance Plan. Exceptions to this requirement are limited to the following: a. A retiree is not required to enroll in such “other” medical insurance plan coverage if there is significant disparity between the benefits provided by the “other” medical insurance plan and the City sponsored health insurance plan as defined below. “Significant disparity” means coverage available under the “other” medical plan is restrictive or limited in one or more of the following ways: 1) No in-patient hospitalization coverage. 2) No major medical benefits. 3) Annual deductible is greater than or equal to $1,000 per person. 4) Major medical benefits are paid at 60% or less of covered expenses in network. 243 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT C – RETIREE SUBSIDY MEDICAL PLAN HBFA MOU January 1, 2024 – December 31, 2026 36 b. The City Manager or designee will have the authority to provide additional exceptions following review of the “other” medical insurance plan policy. Exceptions will be made only if the “other” medical plan benefit provisions are comparable to the guidelines under (F.4.a.) above. c. Miscellaneous Provisions: 1) Benefits provided under the available medical insurance plan will be coordinated with the “other” medical insurance plan as the primary carrier. 2) The City shall have the right to require any retiree to provide a copy of the “other” medical insurance plan policy for review by the City Manager or designee. 5. When a retiree under age 65 becomes eligible for the other group coverage and then becomes no longer eligible, they may have the Retiree Subsidy Medical Plan reinstated for the purchase of available health insurance. 6. Dependents of a retiree under age 65 may follow him/her into the Retiree Subsidy Medical Plan or they may choose to exercise COBRA rights along with the retiree. 7. When a retiree becomes 65 and has eligible dependents under 65, said dependents are eligible to exercise COBRA rights. 8. When a retiree is under 65 and their spouse is over 65, the spouse is not covered. G. Premium payments are to be received at least one month in advance of the coverage period. Retiree Subsidy Medical Plan and COBRA participants shall be notified of non-payment of premium by means of a certified letter from the City in accordance with provisions of the Memorandums of Understanding. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the plan and shall not have reinstatement rights. H. Subsidies: 1. The subsidy payments will pay for: a. Available health insurance plans for eligible retirees. b. Part A of Medicare for those retirees not eligible for paid Part A. 2. Subsidy payments will not pay for: a. Part B Medicare. b. Any other City sponsored benefit plan. c. Any other commercially available benefit plan. d. Medicare supplements 244 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT C – RETIREE SUBSIDY MEDICAL PLAN HBFA MOU January 1, 2024 – December 31, 2026 37 I. Medicare: 1. All persons are eligible for Medicare coverage at age 65. Those with sufficient credit quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age 65, but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, Part B of Medicare is paid for by the participant. 2. When a retiree and their spouse are both 65 or over and neither is eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. 3. When a retiree at age 65 is eligible for paid Part A of Medicare and their spouse is not eligible for paid Part A, the spouse shall not receive subsidy. When a retiree at age 65 is not eligible for paid Part A of Medicare and 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. J. Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated on the first day of the month in which the retiree reaches age 65 whether or not the retiree applies for Medicare coverage. If such retiree was covering dependents under the Plan, dependents will be eligible for COBRA continuation benefits effective as of first day of the month in which the retiree reaches age 65. b. When one of the following occurs, dependent coverage will be eliminated: 1) After 36 months of COBRA continuation coverage, or 2) When the covered dependent reaches age 65 in the event such dependent reaches age 65 prior to the retiree reaching age 65. 2. Premium payments are to be received at least one month in advance of the coverage period. 3. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the plan and shall not have reinstatement rights. 245 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT D – INCOME PROTECTION PLAN HBFA MOU January 1, 2024 – December 31, 2026 38 This is to memorialize an agreement between the City of Huntington Beach (City) and the Huntington Beach Firefighter’s Association (HBFA) regarding authorizing the HBFA to administer its own Long Term Disability (LTD) insurance program providing the following conditions are adhered to: 1. The City and HBFA agree that the City shall not provide a City-sponsored LTD Insurance Program for employees represented by HBFA. 2. HBFA shall contract with an insurance provider for LTD insurance for the employees represented by the HBFA. 3. The City shall pay to HBFA for the cost of LTD premiums not to exceed $38.00 per month per occupied covered position represented by HBFA. 4. Non-dues paying represented employees shall be covered by the LTD Policy at the same premium rate as dues paying represented employees. 5. City payment to HBFA is to be made for each represented employee per month based on the bi- weekly payroll. 6. HBFA shall pay the insurance company for the cost of premiums and any charges incurred for administering the program. 7. HBFA shall provide the City with a monthly listing of covered employees. 8. No self-funding/self-insurance of LTD benefits is permitted under this agreement. 9. HBFA shall authorize the City to have the insurance company provide documentation to the City as follows: a. A copy of the most current audited financial statements. b. A copy of the latest actuarial report, which should be completed by an independent “Fellow of the Society of Actuaries”; c. A copy of the in-force re-insurance Policy; 10. HBFA will provide a statement certifying that premiums collected are for LTD benefits for HBFA represented employees only. 246 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT E – 40/56-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL LEAVE BENEFITS (EXAMPLE) HBFA MOU January 1, 2024 – December 31, 2026 39 Permanent, full-time employees shall accrue annual vacations or sick leave at their appropriate assigned work schedule rate, either 40-hour or 56-hour workweek. The actual accrual, as reflected on their payroll check will also reflect their actual work schedule. In the event of a change in work schedules, personnel will have their accrual rate (Constant) and actual accrual (Accrued) change to the new schedule using the conversion factor, .7143. Paychecks will reflect the accrual rate based on the actual work schedule, either forty (40) or fifty-six (56) hour schedule. All maximum accruals will be modified to reflect the proper number of hours, either 40-hour or 56-hour workweek. EXAMPLE – CURRENT EXCEPTION 40-HOUR EXAMPLE Paycheck stub shows 1000 hours accrued sick leave. Employee uses 24 hours sick time. 1000 hours – 24 hours = 976 hours. 56-HOUR FIREFIGHTER PARAMEDIC Paycheck stub shows 1000 hours accrued sick leave. Employee uses 24 hours sick time. 1000 hours – 24 x .7143 = 17.1 hours = 982.9 hours (This mathematical transaction takes place for each exception.) EXCEPTION ALL 56-HOUR PERSONNEL Modify to 56-hour schedule - current accrued hours divided by .7143. 40-hour rate paycheck stub indicates 1000 hours sick leave. 1000 hours divided by .7143 = 1400 hours 1400 hours would be reflected on the employee’s 56-hour workweek paycheck stub. 56-hour schedule employee uses 24-hours sick time - hours are taken hour for hour. 1400 hours – 24 hours = 1376 hours remaining. 247 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT E – 40/56-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL HBFA MOU January 1, 2024 – December 31, 2026 40 ACCRUAL RATE Current 40-hour employees - sick leave accrual - 3.6923 hours per pay period. 56-hour Firefighter Paramedic employee would accrue sick leave at 5.1691 (3.6923 divided by .7143 = 5.1691) hours per pay period. This would accurately indicate accrual at the 56-hour rate. 56-HOUR EMPLOYEE ASSIGNED TO A 40-HOUR POSITION Upon change of 56-hour Firefighter Paramedic employee to a 40-hour employee. Accrued sick leave = 1400 hours 1400 x .7143 = 1000 hours 1000 hours would be reflected on pay check. Sick leave accrual would return to 3.6923 per pay period 248 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT H – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM HBFA MOU January 1, 2024 – December 31, 2026 41  Applicable() to the following personnel:  Fire Administration  Fire Prevention Fire Captain Firefighter Paramedic  Chief Officer  Fire Suppression Fire Engineer Firefighter INTENT To establish and maintain the minimum staffing levels for the Huntington Beach Fire Department. DEFINITIONS 1. Apparatus - Any vehicle utilized to respond to fires, other emergencies or work assignments that requires a California Class A, Class B, or Class B firefighter restrictive driver's license. • Fire Engine- An apparatus with fire pump, fire hose, water tank, ground ladders, necessary firefighting equipment, and may include a "telesquirt" type ladder, but specifically excluding aerial ladder or platform capabilities. • Fire Truck- An apparatus that has mounted on the chassis, an aerial ladder or aerial platform, "TRUCK COMPANY" equipment, and may include a fire pump, fire hose, and water tank. • Hazardous Materials (HAZMAT) Unit - An apparatus that has tools and equipment used in the mitigation of Hazardous Materials incidents. · • Paramedic Engine or Paramedic Assessment Engine - A fire engine that carries Advanced Life Support equipment. • Paramedic Unit - Any Fire Department vehicle, other than a fire engine or fire truck, that carries Advanced Life Support equipment. • Special Purpose Apparatus - Apparatus (as described in No. 1 above), not otherwise defined in this policy and utilized for response to alarms. 2. Fire Company - A firefighting force commanded by a single Fire Captain (or a person assigned/qualified as such). 3. In-Service - Personnel, apparatus, and/or equipment that are available for dispatch to an alarm or actively involved in an alarm. 4. Qualified Personnel - Any Huntington Beach Fire Department employee meeting the minimum qualifications for the position as detailed in Policy D-10 who is operating/functioning with the approval of the on-duty Battalion Chief. POLICY 249 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT H – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM HBFA MOU January 1, 2024 – December 31, 2026 42 The Duty Battalion Chief shall be responsible to ensure that each fire station and each apparatus are fully staffed according to this policy. A. MINIMUM STAFFING The City of Huntington Beach (City) shall cause apparatus to be staffed with sufficient personnel to ensure the safety of employees and the control of risk. For these purposes, the minimum staffing shall be as follows: 1. Each Fire Company shall be staffed with a minimum of three (3) personnel and may be assigned various firefighting or other emergency related activities, as well as routine duties. Fire Companies are generally assigned as engine companies or truck companies when they operate with a fire engine or fire truck apparatus. They may, however, operate without apparatus or with more than one (1) vehicle or apparatus. When operating with more than one (1) vehicle or apparatus, the minimum staffing requirements of this section shall be required when the vehicle is operated on an incident scene. Apparatus responding Code 3 shall be staffed with a minimum of two (2) persons. 2. Each in-service engine company shall be staffed with no less than one (1) Fire Captain, one (1) Fire Engineer, and one (1) Firefighter. Any member may be a Paramedic. a. In the event a Fire Company drops below minimum staffing and "Qualified P ersonnel" are available, that Fire Company may continue to respond to augment single engine alarms. A second fully staffed engine shall be dispatched. 3. Each in-service truck company shall be staffed with no less than one (1) Fire Captain, one (1) Fire Engineer, and two (2) Firefighters. Any member may be a Paramedic. a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are available, that Fire Company may continue to respond to augment single engine alarms. A second fully staffed engine shall be dispatched. 4. Each in-service paramedic unit shall be staffed with no less than two (2) certified Paramedics. 5. Each in-service paramedic engine company shall be staffed with no less than one (1) Fire Captain, one (1) Fire Engineer, and two (2) Firefighters. Two (2) of the members must be certified Paramedics. a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are available, that Fire Company may continue to respond to augment single engine alarms. A second fully staffed engine shall be dispatched. 6. Each in-service paramedic assessment engine company shall be staffed with no less than one (1) Fire Captain, one (1) Fire Engineer, and one (1) Firefighter. One (1) of the members must be a certified Paramedic. 250 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT H – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM HBFA MOU January 1, 2024 – December 31, 2026 43 a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are available, that Fire Company may continue to respond to augment single engine alarms. A second fully staffed engine shall be dispatched. 7. Each in-service hazardous materials apparatus shall be staffed with a fire company of which the regularly assigned personnel shall be specially trained in hazardous materials incident practices and procedures. One or more of the personnel staffing the hazardous materials apparatus may be assigned as technical advisors to an emergency's Incident Commander. When this occurs, the remaining personnel may be reassigned to other companies involved in the incident or other Hazardous Materials Joint Powers Authority providers. 8. Special purpose apparatus shall be staffed with no less than one (1) person (Fire Engineer or Firefighter assigned/qualified as such) when responding Code 2, and with no less than two (2) personnel (one of whom must be a Fire Engineer or a Firefighter assigned/qualif ied as a Fire Engineer) when responding Code 3 to alarms. 9. Fire apparatus not considered to be in service shall not be required to have personnel assigned to them for the purposes of this Article. 10. The minimum staffing as set forth in this Article shall be specifically and exclusively from public safety employees of the Huntington Beach Fire Department for all routine activities and normal shift duties. Reserve Firefighters shall not be used to meet minimum staffing levels. a. No employee shall be assigned to more than one (1) fire-company at the same time for all routine activities and normal shift duties. b. Routine activities and normal shift duties shall include those emergencies that would normally be handled by the on-duty suppression force. C. FILLING VACANCIES 1. Employees acting in a higher classification, when properly qualified, shall be considered equivalent to the required classification. c. Employees acting in a higher classification shall be paid acting pay for all time worked in the higher class when the time cumulatively exceeds two (2) hours within one (1) 24-hour shift. Acting pay will be calculated based on the step range of the higher classification, which provides at least a five percent range differential. For example, a Firefighter at E step who is qualified and acts as an Engineer will be compensated at the hourly rate of a D step Engineer, which is equal to or greater than a five percent differential. 2. Any employee assigned to serve in the capacity of Battalion Chief's Aide shall not be utilized to satisfy any of the minimum staffing requirements except as set forth in this Article. The BC's Aide may be utilized to fill a position for which they are qualified to serve in cases of temporary fill-in of four (4) hours or less. 251 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT H – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM HBFA MOU January 1, 2024 – December 31, 2026 44 3. Either one (1) Firefighter or one (1) Firefighter Paramedic assigned to a truck company may be utilized for special assignments for a period not to exceed four (4) hours in a 24 hour period. 4. REPLACEMENT CALLBACK. When a vacancy exists on any apparatus, the Department will be obligated to meet minimum staffing obligations of this Article by use of off-duty personnel on an overtime basis. In the event an apparatus is placed out of service, those persons previously assigned thereto may be utilized to fill any vacancy prior to the use of off-duty personnel on an overtime basis. 5. When a vacancy exists on any apparatus, the vacancy shall be filled rank for rank based upon the provisions of the Fire Department's Policy D-3 (Callback Staffing System). D. NEW EQUIPMENT 1. If the City makes a managerial decision to change staffing levels provided for in the MOU, or to utilize any new apparatus over and above that presently in use, the City and the Association shall Meet and Confer in good faith prior to such action being implemented. 2. The Meet and Confer process/obligation shall apply to any managerial decision to eliminate any paramedic unit(s) / van(s). E. CHANGES IN STAFFING 1. If either party requests a Meet and Confer, as indicated in New Equipment and Changes in Staffing sections above, the parties shall complete the process (including any impasse procedure) within 60 days, unless otherwise extended by mutual agreement. The following appeals procedures are adopted pursuant to Government Code § 3254.5 of the Firefighters Procedural Bill of Rights Act and supersede any personnel rules to the contrary. 252 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT H – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM HBFA MOU January 1, 2024 – December 31, 2026 45 1. DEFINITIONS a. The term “firefighter” means an employee who is considered a “firefighter” under Government Code § 3251(a). b. The term “punitive action” means any action defined by Government Code §3251(c), i.e., “any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.” 2. APPEAL OF A PUNITIVE ACTION NOT INVOLVING DISCHARGE, DEMOTION OR SUSPENSION OR REDUCTION IN SALARY OF A FIREFIGHTER Pursuant to Government Code § 11445.20, the following informal hearing procedure shall be utilized for an appeal by a firefighter of a punitive action not involving discharge, demotion, reduction in salary or suspension. a. Notice of Appeal - Within fifteen (15) calendar days of receipt by a firefighter of notification of punitive action as set forth above, the firefighter shall notify the office of the Fire Chief in writing of the firefighter’s intent to appeal the punitive action. The notice of appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal. b. Presiding Officer - In an informal hearing, a Division Chief shall be the presiding officer. A Division Chief shall conduct the informal hearing in accordance with these procedures and shall make the final decision. If the Division Chief cannot serve as the hearing officer because of actual bias, prejudice or interest as defined by Government Code §11425.4 0, then the Fire Chief or their designee shall serve as the Presiding Officer and shall make the final decision. Written reprimands adjudicated following the informal process provided herein shall be removed from the employee’s personnel file after two years if no similar occurrence takes place within that time. If a similar occurrence takes place (as determined by the Fire Chief) the discipline shall remain until two years have passed without such an occurrence. c. Burden of Proof - The employer shall bear the burden of proof at the hearing. 1) If the action being appealed does not involve allegations of employee misconduct, the limited purpose of the hearing shall be to provide the officer the opportunity to establish a record of the circumstances surrounding the action. The Department’s burden of proof shall be satisfied if the Department establishes by a preponderance of the evidence that the action was reasonable. The Department’s burden of proof may be satisfied even though reasonable persons may disagree about the appropriateness of the action. 2) However, if the punitive action involves charges of misconduct, the Department shall have the burden of proving by a preponderance of the evidence the facts which form the basis for the charge and that the punitive action was reasonable under the circumstances. d. Conduct of Hearing 253 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT H – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM HBFA MOU January 1, 2024 – December 31, 2026 46 1) The formal rules of evidence do not apply, although the Presiding Officer shall have discretion to exclude evidence which is incompetent, irrelevant or cumulative, or the presentation of which will otherwise consume undue time. 2) The parties may present opening statements. 3) The parties may present evidence through documents and testimony. aa. Witnesses shall testify under oath. bb. Subpoenas may be issued pursuant to Government Code §§11450.05- 11450.50. 4) Following the presentation of evidence, if any, the parties may submit oral and/or written closing arguments for consideration by the hearing officer. e. Recording of the Hearing - The hearing may be tape recorded or stenographically recorded by a Certified Court Reporter by either party . The per diem cost of the court reporter shall be equally borne by the parties. The cost to receive a transcript of the hearing shall be borne by the party requesting the transcript. f. Representation - The firefighter may be represented by an association representative and/or attorney of his or her choice at all stages of the proceedings. All costs associated with such representation shall be borne by the firefighter. g. Decision - The decision shall be in writing pursuant to Government Code §11425.50. The decision shall be served personally or by first class mail, postage pre-paid, upon the firefighter as well as their attorney or representative, shall be accompanied by an affidavit or certificate of mailing, and shall advise the firefighter that the time within which judicial review of the decision may be sought is governed by Code of Civil Procedure § 1094.6. 3. APPEAL OF A DISCIPLINARY DECISION INVOLVING DISCHARGE, REDUCTION IN SALARY, DEMOTION OR SUSPENSION OF A FIREFIGHTER a. In those instances where the procedures in Government Code §§ 11400, et seq. are inapplicable to an administrative appeal, the administrative appeal shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code. b. Notice of Discipline as Accusation - The final notice of discipline which may be issued at the conclusion of any pre-disciplinary procedures shall serve as the Accusation as described in Government Code §§ 11500, et seq. Pursuant to Government Code section 3254, subsection (f), the discipline shall not be effective sooner than 48 hours of issuance of the final notice of discipline. The notice shall be prepared and served in conformity with the requirements of Government Code §§11500, et seq. A copy of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code shall be provided to the firefighter concurrently with the notice of discipline. c. Notice of Defense/Request for Hearing - Within 15 calendar days after service of the accusation the respondent may file with the office of the Fire Chief a notice of defense in which the respondent may: 254 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT H – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM HBFA MOU January 1, 2024 – December 31, 2026 47 1) Request a hearing; 2) Object to the accusation upon the ground that it does not state acts or omissions upon which the agency may proceed; 3) Object to the form of the accusation on the ground that it is so indefinite or uncertain that the respondent cannot identify the transaction or prepare a defense; 4) Admit the accusation in whole or in part; 5) Present new matter by way of defense; 6) Object to the accusation upon the ground that, under the circumstances, compliance with the requirements of a regulation would result in a material violation of another regulation enacted by another department affecting substantive rights; Within the time specified respondent may file one or more notices of defense upon any or all of these grounds but all of these notices shall be filed within that period unless the agency in its discretion authorizes the filing of a later notice. The respondent shall be entitled to a hearing on the merits if the respondent files a notice of defense, and the notice shall be deemed a specific denial of all parts of the accusation not expressly admitted. Failure to timely file a notice of defense shall constitute a waiver of respondent's right to a hearing, but the agency in its discretion may nevertheless grant a hearing. Unless objection is taken as provided in Government Code Section 11506, all objections to the form of the accusation shall be deemed waived. The notice of defense shall be in writing signed by or on behalf of the respondent and shall state the respondent's mailing address. It need not be verified or follow any particular form. d. Administrative Law Judge - Pursuant to Government Code § 11512, the City has determined that appeals shall continue to be heard by the Personnel Commission with the administrative law judge presiding at the hearing, pursuant to Government Code § 11512(b). The administrative law judge shall rule on the admission and exclusion of evidence and advise the Personnel Commission on matters of law. The Personnel Commission shall exercise all other powers relating to the conduct of the hearing pursuant to pre -established Huntington Beach Rules. The process contemplated in this subsection may be “reopened” for discussion after three years. e. Time and Place of Hearing - Pursuant to Government Code § 11508, unless otherwise decided by the Personnel Commission, a hearing shall be conducted at City Hall at a time to be determined by the Personnel Commission. f. Notice of the Hearing - Notice of the hearing shall be provided to the parties pursuant to Government Code § 11509. g. The Personnel Commission may recommend to sustain, reduce, or rescind the disciplinary action taken where evidence produced in the hearing warrants such recommendation. The standard at the hearing shall be “Just Cause.” In all instances, the Personnel Commission shall certify copies of its findings and decision to the City Manager, the department head from whose action the appeal was made, and the appellant employee. The Board’s decision 255 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT H – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM HBFA MOU January 1, 2024 – December 31, 2026 48 shall be final. Requests for reconsideration by the Personnel Commission shall be governed by Government Code §11527. The decision shall be in writing. The decision shall be served personally or by first class mail, postage pre-paid, upon the firefighter as well as their attorney or representative, and shall be accompanied by an affidavit or certificate of mailing. Judicial review of the decision may be sought pursuant to Government Code § 11523 and the Code of Civil Procedure. h. In the event California Law cited herein is modified, these rules shall also be automatically modified in accordance thereto. 256 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT H – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM HBFA MOU January 1, 2024 – December 31, 2026 49 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 a. b. Catastrophic Illness or Injury – A serious debilitating illness or injury which incapacitates the employee or an employee's family member. Family Member – For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse, or domestic partner). 3. Eligible Leave Accrued compensatory time off, vacation, or general leave hours may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours. c. 4. Eligibility Permanent employees who accrue vacation or general leave may donate such hours to eligible recipients. Compensatory time off accrued may also be donated. An eligible recipient is an employee who:  Accrues vacation or general leave;  Is not receiving disability benefits or Workers' Compensation payments; and  Requests donated leave. d. 5. Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's regular salary during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential, and irrevocable. Hours donated will be converted into a dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient’s hourly wage. An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. 257 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT H – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM HBFA MOU January 1, 2024 – December 31, 2026 50 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 ensure 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 Division on questions regarding employee participation in this program. 258 HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT H – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM HBFA MOU January 1, 2024 – December 31, 2026 51 Please return this form to the Human Resources Office for processing. Voluntary Catastrophic Leave Donation Program e. Leave Request Form – Requestor to Complete According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated vacation, general leave, or compensatory time. f. g. 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: Administrative Services Director Signature: Date signed: 259 I I □ □ □ □ HUNTINGTON BEACH FIREFIGHTERS’ ASSOCIATION EXHIBIT H – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM HBFA MOU January 1, 2024 – December 31, 2026 52 Voluntary Catastrophic Leave Donation Program h. Leave Donation Form – Donor to 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. j. I understand that this voluntary donation of leave credits, once processed, is irrevocable; k. 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. 260 □ □ □ City of Huntington Beach Tentative Agreement 11‐28‐23 Proposed Term: 3 years Year 1 Year 2 Year 3 Year 4 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 MOU Item #Description Estimated YOY Impact Estimated YOY Impact Estimated YOY Impact Estimated YOY Impact Total Cost of Proposal Ongoing Cost * Year 1 Year 2 Year 3 Year 4 % Cost Increase Ongoing Cost Increase Notes: 1Term: 3 years (Jan 1, 2024 ‐ Dec 31, 2026) Salary Increases Sworn 735,346 1,515,932 1,327,475 574,298 4,153,051 4,694,266 3.08% 6.34% 5.55% 2.40% 17.37% 19.64% Remove Performance Bonus Sworn (172,048) (182,632) (18,000) (7,416) (380,095) (380,095) ‐0.72%‐0.76%‐0.08%‐0.03%‐1.59%‐1.59% Longevity Pay ‐ 15 Years Sworn 64,512 68,481 6,749 2,781 142,524 142,524 0.27% 0.29% 0.03% 0.01% 0.60% 0.60% Longevity Pay ‐ 20 Years Sworn 59,946 63,634 6,272 2,584 132,436 132,436 0.25% 0.27% 0.03% 0.01% 0.55% 0.55% Health Benefits Sworn 49,011 106,261 116,935 118,165 390,372 390,372 0.21% 0.44% 0.49% 0.49% 1.63% 1.63% Total Cost of Proposal 736,769 1,571,676 1,439,431 690,412 4,438,287 4,979,503 3.08% 6.57% 6.02% 2.89%18.57% 20.83% YOY Budgetary Impacts related to OT** 182,961 389,952 352,012 145,021 1,069,946 1,069,946 Total Cost of Proposal with OT Budgetary Impacts 919,730 1,961,628 1,791,443 835,433 5,508,234 6,049,449 * 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. ** Overtime budgetary impacts shown above include potentially reimbursable costs from Special Events, FEMA, etc. (7.4% from August 6, 2022 ‐ August 4, 2023). Jan 6, 2024 ‐ 6%, Jan 1, 2025 ‐ 6%, Jan 1, 2026 ‐ 4%. Total increase = 17.26% 2 5 Increase by 2.5% for 20+ yrs of service, from 7.5% to 10% 6 Increase to monthly contributions beg. Jan 6, 2024, Jan 1, 2025, and Jan 1, 2026 3 Currently 3% for all who are eligible 4 New category for 15‐20 years of service ‐ 7.5% 261 ~ HUNTINGTON B(~Oi Consideration of Proposed Memorandum of Understanding with the Huntington Beach Fire Association (HBFA) CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING January 16, 2024 262 Overview Pursuant to the Meyers-Millias Brown Act (MMBA) the City has been meeting and conferring in good faith from September through November of 2023 with the FMA. We reached tentative agreement with the HBFA on November 28, 2023. While the City has no obligation to accept the proposed labor agreements, the City does need to formally consider the negotiated labor agreement. 263 Proposed Memorandum of Understanding • 3-year agreement (January 1, 2024, through December 31, 2026) • Base salary increases of 6% beginning January 6, 2024; 6% effective the first pay period of calendar year 2025, and 4% effective the first pay period of calendar year 2026 264 Proposed Memorandum of Understanding • Increases and adjustments to Longevity Pay • Elimination of the Pay for Performance Program • Increases in City Contribution for Medical Benefits 265 Fiscal Impact Fiscal Year Projection * FY 2023/24 $ 919,730 FY 2024/25 $ 1,961,628 FY 2025/26 $ 1,791,443 FY 2026/27 $ 835,433 Total $ 5,508,234 *Includes budgetary impacts related to overtime. 266 City Council Options Adopt Resolution No. 2024-02, Approving the Proposed Successor Memorandum of Understanding with HBFA and, Authorize the City Manager or designee to take all administrative and budgetary actions necessary for implementation of Resolution No. 2024-02; or Do not approve introduction of the Agreement, and direct staff to: 1) Continue to meet and confer with HBFA 2) Utilize the impasse procedures contained within the City’s Employer-Employee Relations Resolution 267 Questions? 268 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-1055 MEETING DATE:1/16/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Bill Krill, Real Estate and Project Manager Subject: Approve and execute the Second Amendment with Los Angeles SMSA to the Schedule of Leased Property for Fire Station No. 7 Statement of Issue: City Council is requested to approve and authorize the Mayor and City Clerk to execute a Second Amendment with Los Angeles SMSA to the Schedule of Leased Property for Fire Station No. 7 located at 3811 Warner Avenue. Financial Impact: If approved, this Second Amendment will increase current monthly rent received from Los Angeles SMSA for the wireless ground lease located at Fire Station No. 7 from $2,064.05 to $2,718.26. Furthermore, upon the first renewal period of the lease on December 2, 2028, the current rent will be adjusted to the market value at that time, as determined by a third-party appraisal firm that will be secured by the City. Recommended Action: A) Approve the Second Amendment with Los Angeles SMSA to Schedule of Leased Property for Fire Station No. 7; and, B) Authorize the Mayor and City Clerk to sign and execute the Second Amendment to Schedule of Leased Property for Fire Station No. 7. Alternative Action(s): Do not approve and authorize the execution of the Second Amendment. This will allow the current Agreement with Los Angeles SMSA to expire on December 1, 2028, as scheduled. Analysis: In 1998 the City of Huntington Beach and Los Angeles SMSA (Verizon) entered into a Master City of Huntington Beach Printed on 1/10/2024Page 1 of 3 powered by Legistar™269 File #:23-1055 MEETING DATE:1/16/2024 In 1998 the City of Huntington Beach and Los Angeles SMSA (Verizon) entered into a Master Communication Site Lease Agreement,which allowed for the construction, maintenance, and operation of wireless communication towers and antenna facilities on City-owned property. This agreement required that a separate schedule of lease property be drafted and executed for each individual wireless communication facility. Each schedule would operate individually for a term of 5 years, with 5 additional renewal periods of 5 years each. Specifically, the schedule of leased property for Fire Station No. 7 was executed between the parties in August 1998. Afterwards, the City and Los Angeles SMSA entered into a License Agreement, in which the City was granted a license to use, maintain, and repair a rotating electric-mechanical emergency siren on the lessee’s tower. This license agreement will remain in effect for the lifetime of the lease agreement for Fire Station No. 7. In 2007, both parties entered into a Use Authorization and Consent Agreement, where the City recognized California Tower Inc. (American Tower Corporation) as a sub-lessee of the tower site. In addition to recognizing the sublease and management of the Master Agreement by California Tower, this agreement secures increased monthly payments to the City by way of percentage shares of rent for the site’s collocation tenants. In 2014, the parties entered into the First Amendment to Schedule of Lease Property for Fire Station No. 7, allowing for the installation of an onsite generator by the wireless provider. Currently, the agreement between the City and Los Angele SMSA is in its fourth renewal period. Under the existing terms, there is one more renewal period outstanding. This fifth and final renewal period is set to expire on December 1, 2028. The proposed Second Amendment to Schedule of Leased Property for Fire Station No. 7 will allow for the extension of the lease period and will modernize the rent payments to the City. The term extension would begin at the conclusion of the final renewal period (12/1/2028) and would extend the agreement based on mutual acceptance for 10 additional 5-year periods. Upon execution of this Amendment, monthly rent for the site will be increased from $2,064.05 to $2,718.26. At the conclusion of the fifth renewal period in 2028, the City will secure a third-party appraisal to determine the Fair Market Rent (FMR) for the site. As per the Amendment, the FMR will then become the updated monthly site rent. Each subsequent renewal period (5 years) will cause the monthly rents to increase by a rate of 15%. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the City's priority initiatives and projects. City of Huntington Beach Printed on 1/10/2024Page 2 of 3 powered by Legistar™270 File #:23-1055 MEETING DATE:1/16/2024 Attachment(s): 1. Second Amendment to Schedule of Lease Property for Fire Station No. 7 2. PowerPoint presentation City of Huntington Beach Printed on 1/10/2024Page 3 of 3 powered by Legistar™271 272 SECOND AMENDMENT TO SCHEDULE OF LEASED PROPERTY FOR FIRE STATION NO. 7 This Second Amendment to Schedule of Leased Property for Fire Station No. 7 ("Second Amendment") is made as of the date of the latter signature below ("Effective Date") by and between City of Huntington Beach, a municipal corporation ("Lessor"), and Los Angeles SMSA Limited Partnership, a California limited partnership, d/b/a Verizon Wireless ("Lessee"), with reference to the facts set forth in the Recitals below: RECITALS A. Lessor is the owner of that certain real property located at 3831 Warner Avenue, Huntington Beach, California (the "Lessor's Property"). B. Lessor and Lessee are parties to that certain Schedule of Leased Property for Fire Station No. 7 (the "Schedule"), pursuant to which Lessee leases from Lessor a portion (the "Premises") of Lessor's Property for the construction, installation, maintenance, improvement and operation of a communications facility. C. The Schedule is subject to the terms and conditions of the Master Communications Site Lease Agreement dated August 3, l 998 (the "Lease"), and the First Amendment to Schedule of Leased Property for Fire Station No. 7 dated April 28, 20 l 4 (the "First Amendment") between the parties. D. Use of the Premises is further subject to that certain Use Authorization and Consent Agreement dated September l 7, 2007 (the "Colocation Agreement") between the City and California Tower Inc. E. Lessee and/or its parent, affiliates, subsidiaries and other parties identified therein, entered into a sublease agreement with California Tower, Inc., a Delaware corporation and/or its parents, affiliates and subsidiaries ("American Tower"), pursuant to which American Tower subleases, manages, operates and maintains, as applicable, the Leased Premises, all as more particularly described therein; and F. Lessee has granted American Tower a limited power of attorney (the "POA'') to, among other things, prepare, negotiate, execute, deliver, record and/or file certain documents on behalf of Lessee, all as more particularly set forth in the POA. G. Pursuant to this Second Amendment, Lessor and Lessee desire to amend the Schedule to update terms relating to rent payment and renewal options, as set forth below. AGREEMENT NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 22-11761/293979 ATC Site No: 300705 PV Code 230 / VzW Contract No: 34461 Site Name: Bolsa Beach 273 I. Tenn. The term of the lease for the Schedule ("Term") shall be from the Effective Date through December 1, 2028. Thereafter, Lessee shall have the right to extend the Term of the Schedule for ten (10) additional terms ("Renewal Terms") of five (5) years each. Each Renewal Term shall be on the same terms and conditions set forth herein. The term of the Schedule shall automatically be extended for each successive Renewal Term, unless Lessee notifies Lessor, or Lessor notifies Lessee in writing of either parties' intention not to extend at least thirty (30) days prior to the expiration of the original Term or Renewal Term. a) Upon the Effective Date, Lessee shall pay Lessor, as rent, the sum of two thousand seven hundred eighteen dollars and twenty-six cents ($2,718.26) per month ("Rent") for the duration of the Term. Rent shall be payable on the first day of each month, in advance, to Lessor at City of Huntington Beach, City Treasurer's Office, P.O Box 711, Huntington Beach, CA 92648. If the Effective Date is other than the first day of a calendar month, Lessee may pay on the first day of the Term, the prorated Rent for the remainder of the calendar month in which the Term commences. Thereafter, Lessee shall pay a full month's Rent on the first day of each calendar month, except that payment shall be prorated for the final fractional month, or if the Schedule is terminated, before the expiration of any month for which Rent should have been paid. b) For the First Renewal Term commencing December 2, 2028, Lessee shall pay Rent, increased to reflect the then-current appraised value of the Schedule. Lessor shall retain a third- party appraiser to determine such value. c) Upon the commencement of December 2, 2023 and any subsequent Renewal Term, Lessee shall pay the then-current Rent, increased by fifteen percent (15%) from the previous Renewal Term. 3. Notices. The Parties acknowledge and agree that Section 11.02 of the Lease is hereby deleted in its entirety and is of no further force and effect. From and after the Effective Date the notice address and requirements of the Lease, as modified by this Amendment, shall be controlled by this Section of this Amendment. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, or by First Class United States Mail, certified, return receipt requested to the addresses set forth herein: to Lessor at: City of Huntington Beach, Attn.: Real Estate Management, 2000 Main ST Huntington Beach CA, 92648; with a copy to: City of Huntington Beach, Attn.: City Manager's Office, 2000 Main ST Huntington Beach CA, 92648; with an additional copy to: City of Huntington Beach, Attn.: City Attorney's Office, 2000 Main ST Huntington Beach CA, 92648 ; to Lessee at: Verizon Wireless, Attn.: Network Real Estate, 180 Washington Valley Road, Bedminster, NJ 07921; with copy to: American Tower, Attn.: Land Management, 10 Presidential Way, Woburn, MA 01801; and also with copy to: Attn.: Legal Dept. 116 Huntington Avenue, Boston, MA 02116. Any of the Parties, by thirty (30) days prior written notice to the others in the manner provided herein, may designate one or more different notice addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein, shall be deemed to be receipt of any such notice. 22-11761/293979 2 ATC Site No: 300705 PV Code 230 / VzW Contract No: 34461 Site Name: Balsa Beach 274 4. Continued Effect. Except as specifically modified or supplemented by this Second Amendment, all of the terms and conditions of the First Amendment, Schedule, and Lease, shall remain in full force and effect. In the event of a conflict between any term and provision of the Lease, Schedule, First Amendment, and this Second Amendment, the tenns and provisions of this Second Amendment shall control with respect to the subject matter herein, followed, in order of precedence, by the First Amendment, Schedule, and Lease. In addition, except as otherwise stated in this Second Amendment, all initially capitalized terms will have the same respective defined meaning stated in the Schedule. All captions are for reference purposes only and shall not be used in the construction or interpretation of this Second Amendment. 5. Ratification and Reaffirmation. Lessor and Lessee do hereby ratify, reaffirm, qdopt, contract for, and agree to be or continue to be, as the case may be, bound by all of the terms and conditions of each agreement referenced in the Recitals above. Except as modified herein, all of the terms and conditions of each agreement is incorporated by reference herein as if set forth at length. It is acknowledged and agreed that the execution of this Second Amendment by Lessor and Lessee is not intended to and shall not constitute a release of Lessor and/or Lessee from any and all obligations, limitations, or liabilities which they have to each other under and pursuant to the terms of the First Amendment, Co location Agreement, Schedule, or Lease, and Lessor and Lessee are not released from any such obligations, limitations, or liabilities. 22-11761/293979 [SIGNATURES ON IMMEDIATELY FOLLOWING PAGE] 3 ATC Site No: 300705 PV Code 230 / VzW Contract No: 34461 Site Name: Bolsa Beach 275 TN WITNESS WHEREOF. Lessor and Lessee have caused this Second Amendment to be executed by each party's duly authorized representative effective as of the date of full execution below. 22-i i 76 i /293979 LESSOR: City of Huntington Beach , a municipal corporation By: Name: -------------Title: -------------~ Date: ATTEST: C it y C lerk LESSEE: Los Angeles SMSA Limited Partnership . d/b/a Verizon Wireless By: California Tower, Inc., a Delaware corporation Title: Attorney-in-Fact , 11) r1u I fl 1 , /mf By: Name: ___ ____,_1.J'_,,,' a-ru¾!l-.~~.1,..a""x ... i m ........ e.__ __ Title: R ... 'icJI G Ulli:iBI U~Tawer Date: ·• '-' 1 0 7 1 -:z: 4 ATC Site No : 300705 PV Code 230 / VzW Contract No: 34461 Site Name: Bolsa Beach Second Amendment to Schedule of Leased Property Fire Station No. 7 276 Statement of Issue The City Council is asked to approve and authorize the Mayor and City Clerk to execute the Second Amendment with Los Angeles SMSA to the Schedule of Leased Property for Fire Station No. 7. 277 Background • 1998 Master Communication Site Lease Agreement executed between the City of Huntington Beach and Los Angeles SMSA. Schedule of Leased Property executed for Warner Fire Station tower site. • 1998 License Agreement for City installation of emergency siren on tower executed. • 2007 Use Authorization and Consent Agreement executed. Recognized California Tower as sub-lessee and site manager for Los Angeles SMSA. • 2014 First Amendment to Schedule of Leased Property executed. Allowed for installation of on-site generator. 278 Facts • Current agreement will expire in 2028 • Current rent is below market rates • Second Amendment will: • Extend lease term • Modernize rent rate • Not limit City’s ownership rights in any way 279 Questions? 280 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-011 MEETING DATE:1/16/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager PREPARED BY:Lieutenant Thoby Archer Subject: Adopt Ordinance No. 4303 Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits (Approved for Introduction on 12/19/2023 by a vote of 7-0) Statement of Issue: The Huntington Beach Police Department has recognized a need to amend the Municipal Code to provide a more sustainable solution for individuals requiring a medical exemption for recreational vehicle use. Financial Impact: The proposed changes would not have a financial impact. Recommended Action: Adopt Ordinance No. 4303, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits” to address special permits regarding parking time limits for recreational vehicles. Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: The current law requires individuals to renew a medical exemption every three months for a recreational vehicle parking permit. Some individuals have permanent and stationary medical disabilities requiring them to have a recreational vehicle parked on a city street. Ordinance No. 4303 proposes a minor change that allows the Chief of Police or designee, on a case-by-case basis, to allow a long-term solution by issuing a permanent permit for people who have a disability. The Chief of Police would also have the ability to revoke such permits as he or she deems necessary. 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. City of Huntington Beach Printed on 1/10/2024Page 1 of 2 powered by Legistar™281 File #:24-011 MEETING DATE:1/16/2024 Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1. Ordinance 4304, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits” City of Huntington Beach Printed on 1/10/2024Page 2 of 2 powered by Legistar™282 283 ORDINANCE NO. 4303 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PARKING -TIME LIMITS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 10.44.062 of the Huntington Beach Municipal Code, is hereby amended to read as follows: 10.44.062 Recreational Vehicle Parking in a Residential District -Special Permits A. The Police Chief may issue a temporary permit for the overnight parking of a recreational vehicle prohibited by Section 10.44 .060 if there is a finding that the vehicle is used on a daily basis and on-premises parking is not reasonably available. A permit issued based on this finding shall not be valid for longer than six months. B. The Police Chief may issue a temporary permit to persons who demonstrate by way of written statement from a licensed medical doctor, that the recreational vehicle prohibited by Section 10.44.060 must be kept near a residence for medical reasons. (3699-4/05) C. If the applicant can demonstrate, by way of a written statement from a licensed medical doctor, that the condition is permanent and stationary, the chief may, on a case- by-case basis issue a permanent exemption. D. It is unlawful for any person to whom a permit is issued pursuant to Section 10.44.062 of this chapter to transfer, sell, rent or lease such permit or allow such permit to be used by any person other than a guest of that person, either with or without consideration. SECTION 2. That Section 10.44.065(8) of the Huntington Beach Municipal Code, is hereby amended to read as follows: B. Recreation vehicles not more than 20 feet long and 84 inches wide parked in front of and adjacent to the same residence that the vehicle owner either owns or rents, provided that a permit has been issued in advance by the Police Chief. The Police Chief, or designee, shall have authority to approve, deny, condition, or revoke any permit, and to make and enforce any rules and regulations for or regarding the issuance, administration or enforcement of any permit as set forth in this chapter. SECTION 3 . This ordinance shall become effective 30 days after its adoption. 284 ORDINANCE NO. 4303 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of __________ , 2023. ATTEST: Mayor City Clerk REVIEWED AND APPROVED: City Manager Police Chief 3 18394/23-13083 2 285 LEGISLATIVE DRAFT HBMC 10.44 Chapter 10.44 PARKING -TIME LIMITS 10.44.062 Recreational Vehicle Parking in a Residential District -Special Permits A. The Police Chief may issue a temporary permit for the overnight parking of a recreational vehicle prohibited by Section 10.44.060 ifthere is a finding that the vehicle is used on a daily basis and on-premises parking is not reasonably available. A permit issued based on this finding shall not be valid for longer than six months. B. The Police Chief may issue a temporary permit to persons who demonstrate by way of written statement from a licensed medical doctor, that the recreational vehicle prohibited by Section 10.44 .060 must be kept near a residence for medical reasons. (3699-4/05) C. If the applicant can demonstrate, by way of a written statement from a licensed medical doctor, that the condition is permanent and stationary, the chief may, on a case- by-case basis issue a permanent exemption. D. It is unlawful for any person to whom a permit is issued pursuant to Section 10.44.062 of this chapter to transfer, sell, rent or lease such permit or allow such permit to be used by any person other than a guest of that person, either with or without consideration 10.44.065 Exceptions B. Recreation vehicles not more than 20 feet long and 84 inches wide parked in front of and adjacent to the same residence that the vehicle owner either owns or rents, provided that a pe1mit has been issued in advance by the Police Chief. The Police Chief, or designee, shall have authority to approve, deny, condition or revoke or condition any permit, and to make and enforce any rules and regulations for or regarding the issuance, administration or enforcement of any permit as set forth in this chapter. City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-1071 MEETING DATE:1/16/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Travis K. Hopkins, Assistant City Manager PREPARED BY:Catherine Jun, Deputy City Manager Subject: FY 2023-2027 Strategic Plan - Biannual Progress Update #1 Statement of Issue: Following City Council’s adoption of the FY 2023-27 Strategic Plan on October 3, 2023, staff committed to providing biannual progress updates to City Council in January and July. Progress updates ensure transparency and accountability towards the timely completion of the Strategic Plan, while giving City Council regular opportunities to review and recommend amendments, as needed. This report provides the first progress update. Financial Impact: None Recommended Action: Receive and file the FY 2023-2027 Strategic Plan - Biannual Progress Update #1. Alternative Action(s): Do not approve the recommended action. Request modifications to the Progress Update, amendments to the Strategic Plan, and/or direct staff accordingly. Analysis: From April to June 2023, the City Council and Executive Leadership Team engaged in a comprehensive process to build the FY 2023-2027 Strategic Plan (“Plan”). This process included one-on-one interviews with Council Members and Charter Officers, as well as workshops with City Council and Departments Heads to set the key priorities and projects for the next four fiscal years. This work culminated with City Council’s adoption of the Plan on October 3, 2023 via Resolution 2023-46. In this Plan, City Council established eight overarching goals achieved through 23 major strategies and 99 tasks. Staff also established over 70 key performance indicators (KPIs) in recent months to City of Huntington Beach Printed on 1/10/2024Page 1 of 2 powered by Legistar™286 File #:23-1071 MEETING DATE:1/16/2024 measure their impacts over time. Using all of the metrics above, staff has determined that the Plan is on track and achieving its goals in a timely manner. The Plan is 32% complete as of January 2024. An additional 47% is in progress, 19% is upcoming, and 2% is on hold. Detailed information is in the updated Implementation Action Plan (Attachment 1). A high-level summary is available in the presentation (Attachment 2). Following tonight’s meeting, all approved documents will be posted on the City’s website at www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Biannual Progress Update #1 (Implementation Action Plan) 2. Summary Presentation City of Huntington Beach Printed on 1/10/2024Page 2 of 2 powered by Legistar™287 City of Huntington Beach - Implementation Action Plan for the 2023-2027 Strategic Plan Progress Update #1 (January 2024) City of Huntington Beach Implementation Action Plan for the 2023-2027 Strategic PlanProgress Update #1 (January 2024) The Implementation Action Plan (IAP) is used by City staff to implement the 2023-2027 Strategic Plan goals, given various considerations such as resource availability (i.e., staffing, finances, and equipment). It is also used to track the progress of the Plan for greater transparency and community engagement. Each Goal in the IAP includes the following details to guide staff towards the orderly implementation and completion of all items in the Plan. However, the Plan and IAP are living documents that can be amended by the City Council to better meet the needs of the City, as priorities, resources, and conditions evolve over time. 1.Goals - Overarching priorities identified by City Council during the Strategic Planperiod. 2.Success Indicator - The overall impact that is measured upon the completion of aGoal. 3.Strategies - The 23 actions or “what we seek to achieve” under each Goal. 4.Key Tasks and Deliverables - All Tasks that must be completed to achieve eachGoal. 5.Progress Status and Completion % - Indicates whether a Task is complete, inprogress, upcoming or on hold, and the percentage completion rate. 6.Timeline (Start/Finish) - A start and end date for the entire task/strategy, defined inquarters and years. 7.Current Status - The status of each task at the time of reporting. 8.Key Performance Indicator - Quantitative measures of each task/goal's impact. 9.Lead Department and Staff - The main staff/department designated as havingmanagement responsibility for completing the item. 10.Estimated Total Project Cost - Estimated funds for equipment, services,contractors, consultants, and other necessary expenses. Indicate whether all orpartial funds are budgeted or require budgeting City Council also reviewed 18 other strategies and identified them as important but not as urgent or critical. Those Strategies or “Small Rocks” are available on the original IAP published here. As priority Strategies are completed and free up City resources, City Council may consider working with staff to pick up one or more Small Rocks for future implementation, as higher priority strategies are completed, resources are made available, community needs evolve, and other factors present at that time. All modifications to the IAP and progress updates will continue to be communicated to the City Council on a biannual basis (January and July), providing a forum to gather feedback that will be used to update and improve the Strategic Plan over the next four years. 288 If the big rocks don't go in first, Big Rocks Highest priority strategies Small Rocks Important or urgent strategies Sand Non-urgent strategies they aren't going to fit in later. GOAL 1. ECONOMIC DEVELOPMENT Success Indicator: Greater business retention, investments and job growth in Huntington Beach. Start Date Due Date £ Issue an RFP to procure a consultant Staff to develop a scope of work to prepare an updated Economic Development Strategy. ᶉ Completed 100% Q4/2023 Q4/2023 With input received from the Summit, staff developed a scope of work and prepared a project schedule: - Q1/2024: Review existing documents and analyze market data; draft an Updated Strategy. - Q1/2024: Gather staff feedback on the draft. - Q2/2024: Hold briefings with the Economic Development Committee and Council Members to gather feedback. - Q3/2024: Present final draft to City Council. $0 Costs are mainly in staff time 3) Work with key industry stakeholders to solicit input during the development of the Strategy and prioritize further outreach as part of the strategy. ᶉ Completed 100% Q4/2023 Q4/2023 Input gathered from the Summit will be incorporated as goals in the updated ED Strategy. Add'l outreach with industry stakeholders and community partners may also be incorporated and will be included in Task A.1. $0 Costs are mainly in staff time 4) Present an updated Strategy to City Council for consideration and approval.ᆂ,Q3URJUHVV 20% Q4/2023 Q3/2024 a) # of business visits and engagements b) Add'l KPIs to be determined following completion of the Updated Strategy $0 Costs are mainly in staff time Key Performance Indicators (KPIs) Community Development - Economic Development Manager Lead Department and Staff $0 Costs are mainly Estimated Total Project CostStrategiesProgress Status 100%Summit held on 10/13/23. Attendees provided input on the highest priority economic development objectives in the City, A. Develop an updated economic development strategy to increase business retention, local investments, and job growth 1) Review 2017 Economic Development Strategy and 2020 Industry Cluster/ Workforce Analysis; conduct the Mayor’s Completed Current Status Timeline*** Q4/2023 Q4/2023 Completion % (estimate) Key Tasks and Deliverables (in chronological order) 289 Success Indicator: Available funding to support a high-quality level of programs, services, and capital investments and to build a structural surplus. Start Date Due Date 1) Update fee study (i.e., citywide fees and charges, EMS, and fines) and evaluate the feasibility of implementing updated fees. Includes cost of service fee study and cost allocation plan. ᆂ,Q3URJUHVV 50% Q3/2023 Q2/2024 Staff is working with a consultant to update the study, incl. a cost allocation plan that will be presented to Council in Q2 2024. As part of the City's overall fiscal sustainability, staff is also looking into revenue generating opportunities. a) Structurally balanced budget (yes/no) b) Updated Master Fee Schedule (yes/no) c) Add'l KPIs may be established after the completion of the Updated Fee Study Finance - Chief Financial Officer $87,700 One-time cost, in FY23-24 2) Establish an ongoing program to increase grant application efforts and pursue federal/state funding.ᆂ,Q3URJUHVV 50% Q3/2023 Q3/2024 Hired State and Federal legislative advocates (2) to identify and apply for funding for major Council approved projects. Platform will also be used to manage grant applications. a) Total valuation of grants/outside funds awarded to the City CMO - Council Policy Analyst $180,000 / year Budgeted in FY23- 24. Will be an ongoing expense. Also covers the cost for Goal 5.A.1- 2 5) Update developer impact fees in accordance with the Mitigation Fee Act; ensure fees are aligned with the impact of development on City services/stakeholders. ଱2Q+ROG 0% N/A N/A Due to relatively new State legislation, embarking on this effort will likely result in lower DIFs, which would counter the original intent of this item. The law, however, does require an update by 2030, and staff will revisit this item at that time. Community Development - Director On hold GOAL 2. FISCAL STABILITY Estimated Total Project Cost Completion % (estimate) Key Tasks and Deliverables (in chronological order) Lead Department and Staff Key Performance Indicators (KPIs) Q4/2023 Q4/2024 Q3/2024 In Q4 2024. staff will establish a centralized real estate program to review city leases as they approach expiration, adjust them to market rate when needed, and manage them uniformly across all depts. As a first step, staff is identifying consultants to assess all or a sample of city leases. TBD One time cost in FY23-24 $0 Costs are mainly in staff time This item will be incorporated into the updated Economic Development Strategy (Goal 1.A) and will include a list of industries to attract, promotional materials (e.g. community profile, fact sheet or brochure that conveys HB's strengths, unique brand and messaging), and use of tools such as conferences and trade shows. Community Development and Public Works w/ inter- departmental support) Community Development - Econ. Dev. Manager a) KPIs will be established once the program is established. See Goal 1.A A. Consider new revenue sources and opportunities to support the City’s priority initiatives and projects ᆂ,Q3URJUHVV 4) Develop formal policy for attracting and retaining high demand businesses ᆂ,Q3URJUHVV 3) Evaluate leases/concessionaires and adjust to market rate where applicable Strategies Progress Status Current Status Timeline*** 25% 20% Q1/2024 290 Success Indicator: An engaged City workforce that is committed to responsive and exceptional public service for all and achieves a customer satisfaction rating of 90% or higher. Start Date Due Date 1) Finalize scope of effort (i.e., required departments, services, technology) and physical scope of work (i.e., counter layout, number of workstations, etc.); obtain quotes for tech needs. ᆂ,Q3URJUHVV 80% Q2/2023 Q2/2024 Staff will begin with a pilot program in Community Development called Streamline HB that will implement internal efficiencies with minimal physical improvements upfront. Staffing models include individualized concierge services. This pilot will help determine if add'l improvements are needed. $0 Costs are mainly in staff time 2) Procure design firm to prepare concept drawings and cost estimates for physical space ଱2Q+ROG 0% N/A N/A This item is on pause. Streamline HB will require limited physical improvements and will not need a design firm at this time. Staff will assess the pilot before determining if more significant improvements are needed using a design firm. On hold 3) Circle back with City Council to prioritize next steps, phasing plan, and financing plan ł Upcoming 0% Q3/2024 Q3/2024 The final phasing plan to implement Streamline HB will be presented in Q3/2024; staff will gather feedback and incorporate them into the implementation phase. $0 Costs are mainly in staff time 4) Implement phasing plan ł Upcoming 0% Q4/2024 Q2/2025 Once approved by Council, staff will implement the final phasing plan.a) Accela customer satisfaction survey rating TBD Following completion of Tasks 1-3 1) Complete recruitment for vacant director positions within 3 months of vacancy ᆂ,Q3URJUHVV 80% Q1/2023 Q4/2023 Completed 5 recruitments on time plus 2 interim recruitments. Currently recruiting for a permanent Human Resources Director using the services of a recruiter. a) Recruitments completed (yes/no) $25,000 One-time cost in FY23-24 2) Implement Managed Hiring Process to identify and fill key vacancies ᆂ,Q3URJUHVV 25% Q3/2023 Q2/2025 Implemented a Managed Hiring process, which is on track to meeting its 2-year savings goals through June 2025.a) Savings achieved in FY23-24 and FY24-25 $0 Costs are mainly in staff time 3) Identify efficiencies to aid departments whose vacancies cannot be filled immediately ᆂ,Q3URJUHVV 50% Q2/2023 Q2/2024 Staff identified efficiencies for FY23-24. Staff is continuing this exercise for the FY24-25 and FY 25-26 Budgets.a) Amount of efficiencies identified $0 Costs are mainly in staff time 1) Review and implement a 12-month action plan by North Star ᆂ,Q3URJUHVV 50% Q2/2023 Q3/2024 Continue to implement components of the Plan incl. a customer satisfaction survey provided to customers at the end of a service/interaction. a) Customer service satisfaction rating b) Biennial quality of life survey results $30,000 One-time cost; in FY23-24 2) Kickoff a 10-session Dennis Snow Customer Service Virtual Training for 250 team members ᶉ Completed 100% Q2/2023 Q4/2023 Successfully identified staff to take the virtual training. Began mid- point check-in meetings with each dept. to discuss lessons and incorporate them into City operations. $6,500 One-time cost; in FY23-24 budget 3) Create an internal customer service working group to identify customer issues and develop improvements ᆂ,Q3URJUHVV 10% Q1/2024 Q3/2024 As part of Goal 3.C.1, completed a thiry-party assessment of City's customer service delivery City is working closely with the Deputy Leadership Team (DLT) to identify internal OneHB team members to implement key recommendations. $0 Costs are mainly in staff time 1) Convene a Council Ad Hoc Subcommittee to recommend structural changes as needed ᶉ Completed 100% Q2/2023 Q3/2023 Formed on 5/6/2023 and made recommendations on 6/6/2023. $0 Costs are mainly in staff time 2) Present recommendations to City Council and implement approved changes ᶉ Completed 100% Q2/2023 Q3/2023 Recommendations approved at 8/1/23 Council meeting. Documents to effectuate them approved at 9/5 and 10/3/23 Council Meetings. a) BCCs restructured (yes/no) $0 Costs are mainly in staff time GOAL 3. HIGH PERFORMING ORGANIZATION Strategies Lead Department and Staff Estimated Total Project Cost Key Tasks and Deliverables (in chronological order) A. Establish a One Stop Shop to bring development services and other frequently used services under one location to create an improved and efficient customer service experience B. Fill department director vacancies and other key positions to lead and provide essential services to the community City Manager’s Office - Principal Analyst C. Implement the Public Service Excellence Initiative to invest in workforce development and promote exceptional customer service D. Restructure the City’s Boards, Commissions and Committees (BCC) to ensure the most efficient use of City resources while maintaining an effective level of civic engagement Progress Status Current Status Community Development - Director and Building Official City Manager’s Office - City Manager Timeline***Completion % (estimate) Key Performance Indicators (KPIs) City Manager’s Office - Assistant City Manager 291 1) Identify required and optional training opportunities ᶉ Completed 100% Q2/2023 Q3/2023 Staff has conducted initial research into training topics and has begun implementing them throughout the year. $0 Costs are mainly in staff time 2) Research available LMS providers, compare features, pricing and user reviews ᆂ,Q3URJUHVV 50% Q2/2023 Q3/2024 Continue to research alternative LMS providers to ensure city is offering the best training solutions for staff; identify add'l resources available through existing partnerships (i.e. EAP, LCW) and Target Solutions for training content & tracking. $0 Costs are mainly in staff time 3) Work with selected provider and IS to develop and implement LMS ᶉ Completed 0% Q2/2024 Q4/2023 Current LMS, Target Solutions, is offered at no cost under our current contract with an HR service provider. Being used for online training & centralized certification recordkeeping. $0 Costs are mainly in staff time 4) Conduct citywide training and rollout ᆂ,Q3URJUHVV 25% Q3/2024 Q4/2024 Staff is currently working to establish LMS user accounts for all employees citywide, completing required legal training (AB1234, SB1661), and conducting citywide surveys for training topics offered. a) # of employee training programs offered $0 Costs are mainly in staff time 1) Research performance evaluation system; select and develop new system ᆂ,Q3URJUHVV 80% Q2/2022 Q3/2024 Staff has selected Trakstar. Currently finalizing evaluation template to be used citwide. $0 Costs are mainly in staff time 2) Gather feedback and consensus from Leadership Teams, Managers and Labor Associations ᆂ,Q3URJUHVV 50% Q1/2023 Q3/2024 Initial feedback received has resulted in change of performance evaluation template; followup meetings with staff and associations to be scheduled. $0 Costs are mainly in staff time 3) Conduct rollout; provide citywide training for all supervisors and staff; conduct rollout ł Upcoming 0% Q3/2024 Q4/2024 Citywide rollout plan by department to be intiated; hands-on training for all supervisors and staff to be scheduled.a) % of staff trained in new evaluation system $0 Costs are mainly in staff time 1) Issue an RFP and select a new TPA; coordinate the transfer of all relevant data to TPA ᶉ Completed 100% Q4/2022 Q4/2023 AIMS selected; data transfer to AIMS completed. $0 Costs are mainly in staff time 2) Introduce TPA to organization and rollout TPA services on an ongoing basis ᶉ Completed 100% Q3/2023 Q4/2023 Initial introduction held. Training sessions for supervisors held in December 2023 for online claims reporting. $0 Costs are mainly in staff time E. Explore new Learning Management Systems (LMS) to offer more comprehensive and innovative employee and public official training programs F. Launch TrakStar, a web-based performance evaluation system for City employees that will help improve employee engagement and productivity G. Select a new third-party administrator (TPA) for workers’ compensation to manage City claims efficiently, reduce cost and create a safer workplace Human Resources - Director Human Resources - Director 292 Success Indicator: A continuum of care that reduces homelessness andmaintains quality of life for the entire community. Start Date Due Date 1) Develop the HB Cares model of volunteers to provide services to the homeless population ᶉ Completed 100% Q1/2023 Q2/2023 Program has been established and has currently trained 20 volunteers to staff Homeless Task Force outreach phone lines, activities at the Navigation Center (i.e. social skills groups, beautification projects). a) # of volunteers enrolled and trained. $0 Costs are mainly in staff time 2) Seek partnerships with faith and community-based organizations to provide direct services and support to prevent or reduce homelessness ᶉ Completed 100% Q1/2023 Q4/2023 Staff has built a network of 20 organizations to assist with needs and services and established a faith-based resource group to provide significant financial commitments and services through volunteers and advocacy. City facilitates quarterly Community Resource Collaborative meetings to encourage streamlined communication among providers and hosted the first Community Connection event. a) # of local faith and community based organizations partnering with the City $0 Costs are mainly in staff time 3) Collaborate with CalOptima as they release their street medicine program ᶉ Completed 100% Q2/2023 Q4/2024 Council submitted an application for the Street Medicine Program on 11/7/23; however, the City was notified on 12/7/23 that it was not successful. The City will continue pursuing this program and other opportunities. $0 Costs are mainly in staff time 1) Coordinate with Jamboree to develop and finalize the planned use and conceptual plans ᆂ,Q3URJUHVV 50% Q3/2023 Q2/2024 Funding sources have been identified by Jamboree Housing and a preliminary design has been rendered. An extension to the existing Exclusive Negotiating Agreement and recommendations will be brought to Council in Q1 2024. $0 Costs are mainly in staff time 2) Secure funding opportunities to develop site ᆂ,Q3URJUHVV 25% Q1/2023 Q3/2027 Funding sources have been identified by Jamboree Housing. The City will need to obtain authorization, complete applications, and (if selected) receive funds. $0 Costs are mainly in staff time 3) Collaborate with partners, operators, and agencies to deliver services ł Upcoming 0% Q1/2024 Q3/2027 Work in progress. We anticipate seeking proposals once final services for the site are determined. TBD (following completion of Tasks 1-2) 4) Design and construct ᆂ,Q3URJUHVV 25% Q3/2023 Q3/2027 A preliminary design has been rendered. Recommendations and an ENA extension will be brought to the City Council in Q1 2024. a) Biennial Point-in-Time Homeless County b) # of Navigation Center clients housed TBD (following completion of Tasks 1-3) GOAL 4. HOMELESSNESS Strategies Progress Status Current StatusTimeline***Estimated Total Project Cost B. Feasibly transition the Navigation Center to include shelter and supportive housing. A. Explore options to collaborate with faith and community-based organizations, the City’s HB Cares Volunteer program, CalOptima, and others to provide social services in a cost- effective manner. Lead Department and Staff City Manager’s Office - Homeless Services Volunteer Coordinator and Manager Key Tasks and Deliverables (in chronological order) Completion % (estimate) Key Performance Indicators (KPIs) City Manager’s Office - Homeless Services Manager 293 Success Indicator: Proactive programs to address diverse housing needs within the City’s jurisdiction and control. Start Date Due Date 1) Create a Legislative Platform with legislative advocates and topical legislative analyses ᆂ,Q3URJUHVV 95% Q3/2023 Q1/2024 Staff has prepared a Platform with feedback from the Intergovernmental Relations Committee. Platform will be presented to Council in Q1/2024. a) Platform completed (yes/no)Costs included in Goal 2.A.2. 2) Monitor proposed legislation for IRC’s consideration ᶉ Completed 100% Q1/2023 Ongoing Staff has onboarded legislative advocates to monitor proposed legislation for the Intergovernmental Relations Committee and Council. This will be ongoing. a) # of policy positions taken related to priorities in the Platform Costs included in Goal 2.A.2. 3) Participate in regional agency efforts related to housing policy - Southern California Association of Governments (SCAG), Orange County Council of Governments (OCCOG), etc. ᶉ Completed 100% Q1/2023 Ongoing Staff attends OCCOG Technical Advisory Committee, monitors SCAG meetings for regional projects and provides Council reps with important info or talking points. Staff routinely reviews and comments on regional planning documents such as the SCAG Regional Transportation Plan/Sustainable Communities Strategies (Connect SoCal) and the OCTA Long Range Transit Program. $0 Costs are mainly in staff time 4) Assist City Council Members on approved H-Items related to local control ᶉ Completed 100% Q1/2023 Ongoing Staff met with Council Member authors and developed ideas to achieve the intent of H-items; future HBMC amendments are forthcoming in Q1/2024. This will be an ongoing effort. $0 Costs are mainly in staff time GOAL 5. HOUSING Strategies Progress Status Current StatusTimeline***Lead Department and Staff Estimated Total Project Cost Completion % (estimate) Key Tasks and Deliverables (in chronological order)Key Performance Indicators (KPIs) A. Take action to maintain local control of land-use planning City Manager's Office - Council Policy Analyst Community Development - Director 294 Success Indicator: Maintained and upgraded infrastructure that supports the community’s day-to-day needs, in accordance with the City’s Infrastructure Report Card. Start Date Due Date 1) Hire design consultant to conduct community outreach & engagement ᆂ,Q3URJUHVV 85% Q3/2023 Q2/2024 Staff to hire consultant to assist with Goal 6.A.2 (below). $200,000 One-time cost; FY23-24 budget 2) Develop project budget, design, and environmental review.ł Upcoming 0% Q1/2024 Q3/2024 Utilize consultant to develop concepts, gather community feedback, develop preliminary budgets, prepare an environmental review. a) Completed planning (yes/no) b) Completed design (yes/no) c) Completed permitting (yes/no) Included in the cost above 3) Conduct a Measure C analysis, as needed ł Upcoming 0% Q2/2024 Q4/2024 If the proposed restroom improvements require a Measure C voter approval, staff will prepare to place a ballot measure on the November 2024 general election. a) Obtained project authorization via Measure C voter approval (yes/no) $200,000 One-time cost; for FY24-25 4) BID project and request allocation of funding through CIP process, to include long term maintenance plan ł Upcoming 0% Q1/2025 Q3/2025 a) Completed BID package and funding request (yes/no) Costs included in Goal 2.A.2. 5) Complete project construction ł Upcoming 0% Q3/2025 Q4/2027 a) # of restrooms constructed (yes/no) b) Construction completed on time (yes/no) TBD following completion of Tasks 1-2 1) Conduct assessment and community input of acceptable event volumes by type ᆂ,Q3URJUHVV 15% Q4/2023 Q3/2024 Responsible Hospitality Institute (RHI) consultant collected data in 10/2023; staff will present data/analysis to Council in Q2 2024 and also collaborate with stakeholders for future event opportunities. Present assessment in Summer 2024. $0 Costs are mainly in staff time 2) Evaluate Public Safety capacity and resources ᆂ,Q3URJUHVV 10% Q4/2023 Q1/2024 CLS staff began working with Public Safety and requested data by Q1 2024. Staff will compare data with RHI Findings in Q2 2024; present assessment in Summer 2024. $0 Costs are mainly in staff time 3) Conduct meetings with Specific Event Executive Committee to review Specific Event policies and procedures ᆂ,Q3URJUHVV 5% Q4/2023 Q3/2024 CLS began review of existing policies in HBMC in Q4 2023 to prep for Specific Event Executive Committee meetings in Q1 2024. Together, staff will present HBMC recommendations to the City Attorney's Office with final ordinances presented in Q2/Q3 2024. a) Draft ordinances completed (yes/no) $0 Costs are mainly in staff time 4) Research and understand Measure C implications ᆂ,Q3URJUHVV 25% Q4/2023 Q4/2024 Staff obtained a proposal from RJM ($30K) to conduct outreach and gather feedback on possible modifications to Measure C in Q1 2024. Any potential amendment language will be presented to Council in Q3 2024; if approved, it will be placed on the November 2024 ballot at a rough cost of $150,000. a) Obtained authorization to present Measure C amendment for voter approval (yes/no) $30,000 One-time cost; in FY23-24 budget $150,000 One-time cost for FY24-25 5) Explore feasibility of sole-source, long-term lease agreements for event providers ᆂ,Q3URJUHVV 5% Q4/2023 Q3/2024 CLS is developing a list of questions to consider and will work with depts. to make final determinations in Q2 2024 with the goal of finalizing negotiations with operators, contingent on Municipal Code approvals. a) # of additional venues b) # of attendees c) # and type of specific events TBD 6) Complete Central Park and City-Wide Parks & Recreation Master Plans to identify potential venue locations ᆂ,Q3URJUHVV 70% Q4/2023 Q3/2025 Starting 11/2023, CLS has been reviewing the Parks & Recreation (P&R) Master Plan and collecting quotes for the Central Park (CP) Master Plan. CLS will begin requesting FY24/25 funding for the CP Master Plan in Q2 2024 and seek approval of the P&R Master Plan. CLS will also seek approval of the CP Master Plan in Q3 2025. a) Completion of the Master Plans (yes/no)TBD GOAL 6. INFRASTRUCTURE INVESTMENT Strategies Estimated Total Project Cost Key Performance Indicators (KPIs) A. Provide world-class beach facilities, including the renovation and expansion of 15 beach restrooms, new lighting improvements for Pier Plaza access, security and programming Progress Status Current StatusTimeline***Completion % (estimate) Key Tasks and Deliverables (in chronological order) B. Explore additional sports and concert venues to bolster tourism and provide world class amenities for community members Lead Department and Staff Public Works - Director Community & Library Services - Director 295 1) Release RFP and hire consultant to conduct the assessment ᆂ,Q3URJUHVV 5% Q4/2023 Q3/2024 RFP will be released in Q1 2024 with proposed cost estimates available by Q2 2024. TBD One-time cost for FY 24-25 2) Conduct inventory/assessment of City facilities ł Upcoming 0% Q3/2024 Q3/2025 Included in the cost as above 3) Develop financing strategy for CIP implementation and long- term maintenance ł Upcoming 0% Q2/2024 Q4/2025 TBD One-time cost for FY 25-26 4) Release final report to the public ł Upcoming 0% Q3/2026 Q4/2026 a) % of facilities improved over the plan period $0 Costs are mainly in staff time 1) Conduct and adopt Water Master Plan ᆂ,Q3URJUHVV 75% Q3/2023 Q1/2024 Water/Sewer Rate Study drafted; Host a study session in Q1 2024 to review the Study, gather feedback. a) # of feet of water pipe replaced b) # of new wells constructed $283,300 One-time cost; in FY 23-24 budget 2) Conduct and adopt Sewer Master Plan ᆂ,Q3URJUHVV 75% Q3/2023 Q1/2024 (Same as above) a) # of feet of sewer pipe relined b) # of infrastructure repair projects completed $700,000 One-time cost; in FY 23-24 budget 3) Conduct and adopt Mobility Master Plan ᆂ,Q3URJUHVV 90% Q2/2023 Q2/2024 Staff held Town Hall #2 on 10/25/2023 to discuss draft recommendations / next steps. Staff plan to brief Council on the draft plan in Feb 2024 for feedback. a) Miles of bike lanes installed b) # of gap closure/safety improvements completed $323,000 One-time cost; in FY 23-24 budget 4) Conduct and adopt Fleet Capital Master Plan ᆂ,Q3URJUHVV 90% Q4/2021 Q1/2024 Hold Council briefings in Q1/2024 to discuss next steps and financing required to transition fleet per current state requirements. Staff plan to brief Council on the draft plan in Feb 2024 for feedback. a) # of clean air vehicles purchased annually $100,000 One-time cost; in FY 23-24 budget 5) Conduct and adopt Fiber Master Plan ł Upcoming 0% Q1/2024 Q3/2025 IS will refine a multi-year detailed scope to connect City facilities and main business/event hubs with fiber. Issue an RFP for consultant, and request budget appropriation as part of CIP budget process. a) # of feet/miles of fiber installed TBD One-time cost for FY 24-25 6) Conduct and adopt Infrastructure Report Card ᆂ,Q3URJUHVV 50% Q2/2023 Q3/2024 Scheduled for completion, adoption, and release of final results in Q3 2024.Add'l KPIs to be determined $205,000 One-time cost; in FY 23-24 budget C. Conduct an assessment of all City facilities to determine priorities for upgrades and repairs, implementation and financial priority. D. Undertake major planning efforts including Fleet Capital Replacement Plan, Mobility Master Plan, Fiber Master Plan, and Infrastructure Report Card to adequately anticipate and prepare for future infrastructure needs Public Works - Director Public Works - Director 296 Success Indicator: A community that has easy access to clear, accurate, and timely City information and expresses increased awareness and involvement in City activities. Start Date Due Date 1) Conduct 311 research & develop cost/scope; issue request for expressions of interest from 311 qualified firms ᶉ Completed 100% Q3/2022 Q4/2022 Request issued in 9/2022; responses reviewed in 11/2022. $0 Costs are mainly in staff time 2) Issue an RFP for a contractor and begin developing 311 system and call center to build a robust, online communication system.ᆂ,Q3URJUHVV 25% Q2/2023 Q3/2024 RFP not issued; met with existing MyHB provider to identify alternate options to expand online communications. Study session to gather Council feedback on next steps in Q12024. $0 Costs are mainly in staff time 3) Begin development of a centralized platform for City info ł Upcoming 0% Q3/2024 Q1/2026 Waiting for direction from the Study Session in Q1 2024. TBD One time cost across FY24-25 and FY25-26 4) Develop a policy for use and train City staff ł Upcoming 0% Q1/2026 Q1/2026 Awaiting completion of Tasks 1-3. a) % of staff trained in policy for use $0 Costs are mainly in staff time 5) Rollout comprehensive marketing strategy ł Upcoming 0% Q2/2026 Q2/2026 Awaiting completion of Tasks 1-4. KPIs to be determined based on Council feedback per Task 2. TBD One time cost in FY25-26 1) Issue an RFP to select a web developer ᶉ Completed 100% Q3/2021 Q4/2021 RFQ issued; responses vetted and contract awarded to Revize on 11/16/21. $170,000 One-time cost in FY21-22 budget 2) Conduct site cleanup, site mapping, and design; site integration and content cleanup ᆂ,Q3URJUHVV 75% Q1/2022 Q1/2024 Staff contributed site mapping and content cleanup information; design is finalized. Transition data from old to new website. $0 Costs are mainly in staff time 3) Rollout comprehensive marketing strategy ł Upcoming 25% Q4/2023 Q1/2024 Awaiting completion of Tasks 1-2. a) # of unique visits to the City website $10,000 One time cost in FY23-24 budget 4) Create policy for ongoing website management, user access, and content cleanup ł Upcoming 0% Q1/2024 Ongoing Awaiting completion of Tasks 1-2.a) % of applicable staff trained in new policy (yes/no) $0 Costs are mainly in staff time GOAL 7. PUBLIC ENGAGEMENT Strategies Lead Department and Staff Progress Status Current StatusTimeline***Estimated Total Project Cost Completion % (estimate) Key Tasks and Deliverables (in chronological order) City Manager’s Office - Public Affairs Manager Key Performance Indicators (KPIs) City Manager’s Office - Public Affairs Manager B. Redesign the City’s website to increase its versatility and enhance user experience with easy to access information A. Implement 311 a robust online communication system to manage/track calls for services and provide one centralized location for community members to obtain all City information and services. 297 1) Expand outreach through Town Halls, Coffee with the Mayor, and enhanced certificate/award program ᶉ Completed 100% Q1/2023 Ongoing Outreach events established and ongoing; events have enhanced community outreach. a) # of outreach/education events and resources provided biannually $5,000/year Budgeted in FY23- 24 2) Develop & produce new digital content – PSAs, Mayor’s Roundtable, Public Safety Awareness, etc. ᶉ Completed 100% Q1/2023 Ongoing Developed a process to produce high quality video content for HBTV and social media. a) # of social media engagements and impressions (incl. Facebook, Instagram, YouTube) $50,000/year Budgeted in FY23- 24 3) Create & purchase outreach kit – to include tents, banners, tables, handouts, collateral ᆂ,Q3URJUHVV 20% Q3/2023 Ongoing Preparing design and identifying vendors.$10,000 annually 4) Collaborate with partners to identify more opportunities to engage with residents & businesses ᆂ,Q3URJUHVV 20% Q3/2023 Ongoing Build out community stakeholder contact list and outreach channels See Task 1 $0 Costs are mainly in staff time 5) Develop PIO committee from all Departments committed to developing effective citywide quarterly mailers and public feedback materials based on existing needs ł Upcoming 0% Q2/2024 Ongoing Identify PIO contact(s) for each City Department and develop comprehensive list of programs, service, activites, for further promotion and engagement. $0 Costs are mainly in staff time 6) Create a consolidated citywide event calendar and policy for planning and implementing events ᶉ Completed 100% Q1/2023 Q1/2023 Event calendar is available on Surf City Break and will also be woven into the new City website. $0 Costs are mainly in staff time 7) Launch Surf City Speaks! ᆂ,Q3URJUHVV 20% Q4/2023 Q3/2024 Prepared branding and an initial website. Staff will roundtable on the content and ensure it is distributed at every City event.See Task 1 $82,000 across four years 1) Buildout downstairs studio & update equipment ᆂ,Q3URJUHVV 20% Q2/2023 Q2/2027 Staff is rebuilding the HBTV studio to include office space and studio equipment. $700,000 across 4 years Using PEG funds restricted to use on public TV capital only 2) Hire HBTV Media Coordinator ᶉ Completed 100% Q2/2023 Q4/2023 New coordinator hired. Costs are mainly in staff time 3) Develop informative & varied content with purpose and reflective of Huntington Beach ᆂ,Q3URJUHVV 50% Q1/2024 Ongoing Work with the Communications Committee and staff to develop original content.a) # of online videos created $420,000 across four years 1) Hire Graphic Designer ᶉ Completed 100% Q2/2023 Q4/2023 New designer hired. $0 Costs are mainly in staff time 2) Develop Citywide Branding Guide ᶉ Completed 100% Q1/2023 Q1/2024 A new branding guide has been completed and shared with Leadership Teams. Staff will continue to ensure all staff utilize it moving forward. $0 Costs are mainly in staff time 3) Develop Citywide policy on public facing graphics/content ᆂ,Q3URJUHVV 75% Q2/2023 Q1/2024 Policy will provide guidance on how and when to display graphics.a) % of applicable staff trained in new policy $0 Costs are mainly in staff time 4) Develop standardize templates and materials for citywide use ᆂ,Q3URJUHVV 10% Q3/2023 Q1/2025 Templates include fliers, agendas, presentations, etc. $0 Costs are mainly in staff time City Manager’s Office - Public Affairs Manager City Manager’s Office - Public Affairs Manager E. Hire a graphic designer to incorporate the City’s Branding Guide throughout the organization for greater consistency and appeal across all City visual content. City Manager’s Office - Public Affairs Manager C. Expand and enhance community outreach engagement opportunities through neighborhood town halls, direct mailers, and videos D. Enhance capacity of HBTV and produce relevant television content to expand the City’s public engagement reach across diverse audiences 298 Success Indicator: Ensure the safety and protection of all community members, both efficiently and effectively. Start Date Due Date 1) Lead a community wide comprehensive risk reduction strategy and culture to minimize incidents and optimize emergency response ᆂ,Q3URJUHVV 25% Q3/2023 Q4/2026 Analytics, mapping, dashboards and reports are completed and ongoing. Preparing for the phase to roll out to the community. Currently being used to make decision on staffing and operational response. a) Form work group with Police, Fire, IS, Public Works (yes/no); # of monthly calls for service b) Form a quarterly work group with all Fire divisions to review staff risk reduction strategies c) Receive the American Heart Association (AHA) Mission: Lifeline EMS Recognition for excellent pre- hospital heart attack care. d) Meet FireScope Type Requirement e) % of Lifeguards/Marine Safety Officers meeting US Lifesaving Assoc. requirements $200,000 One time cost for FY25-26 2) Realignment of inspection assignments and frequencies to improve departmental efficiencies and customer service ᶉ Completed 100% Q3/2022 Q4/2023 All inspections have been reliagned and redistributed. a) % of Life Safety and Fire Permit inspections completed b) % of State-mandated occupancy inspections completed $0 Costs are mainly in staff time 3) Implement Intern program ᶉ Completed 100% Q4/2022 Q3/2023 Program underway. 6 Interns are currently working in CRR Division. a) # of youth enrolled in Fire Explorers program b) # of ambulance operators and lifeguards sponsored for fire academies and/or paramedic school $0 Costs are mainly in staff time 4) Cultivate a business centered customer service culture fostered on communication, consistency and transparency ᆂ,Q3URJUHVV 25% Q1/2023 Q4/2024 Larger reorganization and training of CRR Division is in works to improve customer-centered service. a) Meet quarterly with the Chamber of Commerce, Downtown BID, and small business owners to discuss business/community feedback related to business, development, and customer service (yes/no) $0 Costs are mainly in staff time 5) Implement an emergency pre-plan program ᆂ,Q3URJUHVV 25% Q3/2023 Q3/2024 New program has been implemented and training scheduled for 2024. New data backed classification of target hazards is underway. a) Yearly redefine target hazards using data and redefine response grid as needed (yes/no) b) % of suppression personnel trained on new emergency pre-plan program $0 Costs are mainly in staff time £8WLOL]HDQDO\WLFVWRLPSOHPHQWWDUJHWHGULVNUHGXFWLRQ campaigns designed to reduce emergency response ᆂ,Q3URJUHVV 50% Q3/2022 Q3/2024 Analytics has been developed. Several beta tests campaigns have been completed. Same KPIs as Task A.1 $0 Costs are mainly in staff time 7) Establish a full-time Fire Department community engagement coordinator ł Upcoming 0% Q3/2023 Q3/2024 Budget restricted. Not started. Opioid monies will be utilized. Staff report is completed and awaiting direction. KPI's to be determined $0 Costs are mainly in staff time 8) Expand Junior Lifeguard Coordinators to full-time Integration of interdepartmental opioid prevention and community ł Upcoming 0% Q3/2023 Q3/2024 Utilize settlement funding to create prevention programs. KPI's to be determined $0 Costs are mainly in staff time £'HYHORSD&\EHU6HFXULW\0DVWHU3ODQWRVHFXUHWKH&LW\·V networks and ensure continued operations, in emergency situations ᆂ,Q3URJUHVV 10% Q4/2022 Q4/2027 Internal IS team members have been meeting weekly to identify cyber security risks and explore mitigation strategies and started to implement measures to protect the agency server/networks. a) # of cyber security threats/attacks detected and prevented IS – Chief Information Officer TBD GOAL 8. PUBLIC SAFETY Strategies Lead Department and Staff Progress Status Current StatusTimeline***Completion % (estimate) Estimated Total Project Cost Key Tasks and Deliverables (in chronological order)Key Performance Indicators (KPIs) A. Community-wide comprehensive risk reduction program to optimize public safety’s emergency response and reduce the number of calls. Fire - Chief 299 £3UHSDUHDQ,6'LVDVWHU5HFRYHU\3ODQł Upcoming 0% Q1/2024 Q4/2026 Prepare a scope of work and issue an RFP for a consultant. a) # of trainings to be developed and completed (min. 12 / year) b) % of training completed IS – Chief Information Officer TBD 2) Update emergency preparedness plans and special events management plans via the Emergency Operations Center ᆂ,Q3URJUHVV 90% Q3/2022 Q1/2024 EOP completed and Council approved. Special Event policy/ AR is near completion a) Update the emergency response plan and Hazard Mitigation Plan (yes/no) b) % of staffing matrix for special events finalized c) # of Community Emergency Response Team (min 250) and Radio Amateur Civil Emergency Services (RACES) volunteers (min 75) Fire - EOC Manager $0 Costs are mainly in staff time 3) Identify funding for the real time crime center ᆂ,Q3URJUHVV 50% Q4/2023 Q1/2028 In communication with legislators for potential funding. Funding required to cover the personnel who will staff the Real Time Crime Center (starting with one supervisor and progress as the Center is established). KPI's to be determined Police – Patrol Division Captain TBD 4) Develop the real time crime center ᆂ,Q3URJUHVV 50% Q4/2023 Q1/2024 Currently under construction Police – Patrol Division Captain Budget incl. in a larger FY23-24 CIP project (plus staff time) B. Bolster City’s emergency management preparedness and response plans to ensure seamless public safety response during crisis events. 300 January 16, 2024 Progress Update #1 301 t:l1Y t>F UVNTIN~T~N BE~U Strategic Planning 2023-2027 LEADING UP TO TODAY June 8, 2023 Council developed goals & strategies for the Strategic Plan October 3, 2023 Council adopted Resolution No. 2023-46 to approve the Strategic Plan MOVING FORWARD Staff will present biannual progress updates in January and July to ensure: •Transparency and accountability •Opportunities for City Council to provide feedback and recommend amendments to align with current resources and policies Background 2Strategic Plan Progress Update #1 302 OVERVIEW 2 Overarching Goals 8 Strategies 23 Tasks 99 Milestones or Key Performance Indicators (KPIs) 70+ Vision 1 “Committed to Responsive and Exceptional Public Service to All.” Strategic Plan Progress Update #1 3 303 4 of the Plan is Complete 32% In Progress 47% Upcoming 20% On Hold 2% Overall Progress as of January 2024 Strategic Plan Progress Update #1 304 ----------------------------------------------------------------- 5 Accomplishments •Mayor’s Economic Development (ED) Summit in Oct. 2023 •Scope of work to update the 2017 Economic Development Strategy. Completed 75% In Progress 25% Upcoming-- On Hold-- Goal 1: Economic Development FY 24-25 Projects Sample KPIs •Update the 2017 Economic Development Strategy (Q3/2024) •Number of business visits and engagements. •Additional KPIs will be set after the ED Strategy is updated. Strategic Plan Progress Update #1 305 ~ 6 Upcoming-- 1 Task Placed On Hold20% Goal 2: Fiscal Sustainability Strategic Plan Progress Update #1 Coming Soon •Updated Master Fee Study (in Q2 2024) FY 24-25 Projects Sample KPIs •Grant application and management program •Real estate program to centralize, evaluate, and manage City leases uniformly •Total valuation of outside funds received •Updated master fee schedule (yes/no) •Additional KPIs will be set after projects in progress are completed. In Progress 80%Completed-- 306 7 Accomplishments •Citywide Customer Service Training •Restructured Boards, Committees, and Commissions •New 3rd party admin to manage workers’ compensation claims Completed 40% In Progress 44% Upcoming12% 1 Task Placed On Hold4% Goal 3: High Performing Organization FY 24-25 Projects Sample KPIs •Streamline HB (aka One Stop Shop) •Managed hiring •Customer satisfaction survey •New Learning Management System •New online employee performance evaluation system •Customer satisfaction survey ratings •# of employee trainings •Biennial quality of life survey results •Continue to track established plan check turnaround times •Managed hiring and efficiency savings Strategic Plan Progress Update #1 307 8 Accomplishments •HB Cares Volunteer Program •Network of community-based organizations to provide additional resources for the homeless Completed 50% In Progress 38% Upcoming12% On Hold-- Goal 4: Homelessness FY 24-25 Projects Sample KPIs •Continue working with Jamboree to develop the Pathways Project; identify funding sources to build and operate thru Q3/2027 •# of HB Cares volunteers •# of community-based organizations •# of Navigation Center clients housed •Biennial homeless count Strategic Plan Progress Update #1 308 9 Accomplishments Completed 75% In Progress 25% Upcoming-- On Hold-- Goal 5: Housing Coming Soon Sample KPIs •2023-24 Legislative Platform (Q1/2024) •Completed Legislative Platform (yes/no) •# and status of policy positions taken related to housing, local control, etc. Strategic Plan Progress Update #1 •Continuous monitoring of State and Federal legislation affecting HB •Ongoing participation in regional agency efforts re: housing policy •Continuously assist City Council on approved H-Items re: local control 309 10 Coming Soon In Progress 57%Completed-- Upcoming43% On Hold-- Goal 6: Infrastructure Investment FY 24-25 Projects Sample KPIs •Complete the design and conduct environmental review for World Class Beach Restrooms •Explore additional sports and concert venues •Fiber Master Plan •Track improvements made under each Master Plan •# of City buildings inventoried and assessed •# of additional sports/concert venues, attendees, specific events Strategic Plan Progress Update #1 •Completion of 4 Master Plans and the Infrastructure Report Card (Q2/2024) 310 ---■----■ ■----■ 11 Accomplishments Completed 34% In Progress 41% Upcoming25% On Hold-- Goal 7: Public Engagement FY 24-25 Projects Sample KPIs •Centralized online communication hub for City services and info •HBTV studio buildout and greater video content •Standardized City templates •Social media engagements and impressions •# of community outreach events •# of unique visits to the City website •KPIs for centralized online hub to be determined after it is implemented Strategic Plan Progress Update #1 •Citywide Branding Guide •Expanded outreach -Town Halls, Mayor’s Spotlight, digital content •Citywide event calendar •Hired Multimedia Coordinator and Graphic Designer •Coming soon:New City website (Q1/2024)311 12 Completed Completed 11% In Progress 65% Upcoming24% On Hold-- Goal 8: Public Safety FY 24-25 Projects Sample KPIs •Continue developing a community- wide risk reduction strategy to minimize incidents and optimize emergency response •Emergency pre-plan program and preparedness plan •Interdepartmental opioid prevention program •Monthly calls for service •Attaining specific industry training and certifications •# of Life safety and fire permit inspections completed •# of Fire Explorers enrolled •# of CERT and RACES volunteers Strategic Plan Progress Update #1 •Developed new intern program in Community Risk Reduction Program; 6 interns in training •Realigned inspection assignments to improve departmental efficiencies and community service 312 Strategic Plan Progress Update #1 13 FY 2024-25 Projects –Upcoming Funding Needs •One Stop Shop (Q2/2025) •World Class Beach Restrooms -Pre-construction only (Q4/2024) •Election Costs Related to Measure C (Q4/2024) •World Class Beach Restrooms •Potential Charter amendment to Measure C Guidelines •Facilities Condition Assessment -Initial phase (Q3/2025) •Fiber Master Plan (Q3/2025) •Centralized Online Communication Hub –Initial phase (Q3/2024) •Real Time Crime Center –Operations 313 Strategic Plan Progress Update #1 14 Recommendation •Receive and file the 2023-27 Strategic Plan -Progress Update #1 314 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-039 MEETING DATE:1/16/2024 Item Submitted by Mayor Pro Tem Burns - Council Recommended Action Regarding Rhone Lane/OC San Reg Miller-Holder Easement It is requested that the Huntington Beach City Council direct the City Manager and City Attorney to work with OC San and the residents and homeowners of Rhone Lane affected by the Miller-Holder easement towards an agreeable solution if asked by both OC San and the Owners/Residents. City of Huntington Beach Printed on 1/10/2024Page 1 of 1 powered by Legistar™315 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: CITY COUNCIL FROM: PAT BURNS, MAYOR PRO TEMPORE DATE: JANUARY 16, 2024 SUBJECT: COUNCIL RECOMMENDED ACTION REGARDING RHONE LANE/OC SAN REG MILLER-HOLDER EASEMENT ISSUE STATEMENT OC San wants to exercise their 63-year-old easement (Miller-Holder easement) west of Rhone Lane (and south of Heil Ave.) in Huntington Beach. Over the years residents/owners have placed pools, structures, plants, sheds, etc. on the easement that has a six-foot pressurized raw sewage pipe below the easement. The pipe was installed before any of the homes were built and the easement documents state the conditions of the 63 -year-old easement. Residents/owners and OC San are trying to work out an agreement of a conflict on how to exercise the easement. RECOMMENDED ACTION It is requested that the Huntington Beach City Council direct the City Manager and City Attorney to work with OC San and the residents and homeowners of Rhone Lane affected by the Miller- Holder easement towards an agreeable solution if asked by both OC San and the Owners/Residents. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item 316 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-046 MEETING DATE:1/16/2024 Item Submitted by Council Members Bolton, Kalmick and Moser - Rhone Lane - OC San Easement Issue We recommend that the City Council request OC San pause its action for 60 days on this issue at its meeting on January 17, 2024 (We asked the OC San Board Chair to agendize this issue as a placeholder in preparation for our vote tonight or failing that a Special Meeting). We should further engage the City Manager and City Staff to work with OC San staff on additional options available to residents affected by this encroachment. And, if appropriate, have staff convene a town hall with residents and appropriate parties to discuss the issue. City of Huntington Beach Printed on 1/10/2024Page 1 of 1 powered by Legistar™317 CI T Y O F H U N T I N G T O N B E A C H CI T Y C O U N C I L M E E T I N G – CO U N C I L M E M B E R I T E M S R E P O R T TO : TH E H O N O R A B L E MA Y O R A N D CI T Y C O U N C I L FR O M : DA N K A L M I C K , C I T Y C O U N C I L M E M B E R RH O N D A B O L T O N , C I T I Y C O U N C I L M E M B E R NA T A L I E M O S E R , C I T Y C O U N C I L M E M B E R DA T E : JA N U A R Y 1 6 , 2 0 2 4 SU B J E C T : RH O N E L A N E – OC S A N E A S E M E N T I S S U E Fo r r o u g h l y t h e l a s t 60 y e a r s , t h e O r a n g e C o u n t y S a n i t a t i o n D i s t r i c t (“ O C S a n ” ) ha s h e l d a n e a s e m e n t o n pr o p e r t i e s o n t h e w e s t s i d e o f R h o n e L a n e i n N o r t h e a s t H u n t i n g t o n B e a c h . O v e r t h e y e a r s , t h e r e h a s b e e n en c r o a c h m e n t i n t o t h a t e a s e m e n t b y r e s i d e n t s . We u n d e r s t a n d b o t h t he r e s i d e n t s a n d t h e C i t y h a ve be e n a w a r e of t h e e n c r o a c h m e n t . Th e C i t y C o u n c i l w a s f u l l y b r i e f e d i n S e p t e m b e r 2 0 2 3 a b o u t O C S a n ’s i n t e n t to r e c l a i m it s e a s e m e n t . A t t h a t ti m e , O C S a n a d v i s e d t h a t i t w o u l d no t i f y ow n e r s o f e n c r o a c h i n g pr o p e r t i e s t h a t OC S a n h a d a p l a n t o m o v e t h e i r wa l l s b a c k t o t h e e d g e o f t h e e a s e m e n t a n d r e q u i r e th o s e o w n e r s to r e m o v e a n y h a r d s c a p i n g , p o o l s o r p o r t i o n s of t h e i r h o m e s t h a t n o w e n c r o a c h i n t o OC S a n ’ s ea s e m e n t s . Co u n c i l m e m b e r s K a l m i c k , Bo l t o n a n d M o s e r a s k e d t o b e n o t i f i e d b e f o r e O C S a n t o o k a c t i o n o n it s p l a n , to al l o w us t o p r e p a r e t h e r e s i d e n t s f o r w h a t o p t i o n s OC S a n mi g h t p r e s e n t t o t h e m . Un b e k n o w n s t to u s , O C S a n s e n t le t t e r s t o r e s i d e n t s o n D e c e m b e r 1 , 20 2 3 , in f o r m i n g t h e m o f O C S a n ’ s i n t e n t to re v i v e t h e i r e a s e m e n t a n d p a y fo r r e m o v a l o f e n c r o a c h m e n t s ; gi v i n g re s i d e n t s o n l y 60 d a y s t o re s p o n d du r i n g t h e s t r e s s f u l h o l i d a y s e a s o n . H a d we k n o w n t h e s e l e t t e r s w e r e g o i n g o u t , w e w o u l d ’ v e k n o c k e d d o o r s a n d h e l d a to w n h a l l w i t h r e s i d e n t s p r i o r to O C Sa n ’ s n o t i c e s . We b e l i e v e i t i s t h e C i t y C o u n c i l ’s o b l i g a t i o n to r e p r e s e n t ou r re s i d e n t s ’ i n t e r e s t s an d a d v o c a t e f o r t h e m t o o t h e r lo c a l a n d r e g i o n a l g o v e r n m e n t or g a n i z a t i o n s . In c o n t r a s t , o ur r e p r e s e n t a t i v e to O C S a n , M a y o r P r o T e m B u r n s , ap p a r e n t l y co m m u n i c a t ed t o o u r re s i d e n t s th a t t h e C i t y i s n o t i n t e r e s t e d i n g e t t i n g i n v o l v e d in th i s m a t t e r . Ho w e v e r , p e r o u r C i t y C h a r t e r , th e M a y o r P r o T e m d o e s n o t s p e a k f o r t h e e n t i r e C i t y C o u n c i l ; t h i s is a m a t t e r fo r t h e C i t y C o u n c i l t o d e c i d e . (D u r i n g t h e c r e a t i o n o f t h i s i t e m , s t a f f m a d e u s a w a r e o f a n o t h e r C o u n c i l m e m b e r c o n t e m p l a t i n g b r i n g i n g a si m i l a r i t e m f o r w a r d . B e c a u s e o f t h e B r o w n A c t , w e w o u l d b e u n a b l e t o d i s c u s s a n d / o r c o o r d i n a t e s i m i l a r i t e m s . We a s k i f a s i m i l a r i t e m i s p l a c e d o n t h e a g e n d a t h a t t h e y b e h e a r d t o g e t h e r .) RE C O M M E N D E D A C T I O N We r e c o m m e n d t h a t t h e C i t y C o u n c i l re q u e s t OC S a n p a u s e i t s a c t i o n f o r 6 0 d a y s o n t h i s i s s u e a t i t s m e e t i n g o n Ja n u a r y 1 7 , 2 0 2 4 ( W e a s k e d t h e OC S a n B o a r d Ch a i r t o a g e n d i z e t h i s i s s u e as a p l a c e h o l d e r in p r e p a r a t i o n f o r ou r v o t e t o n i g h t or f a i l i n g t h a t a S p e c i a l M e e t i n g ). We s h o u l d f u r t h e r e n g a g e th e C i t y M a n a g e r an d C i t y S t a f f to 31 8 li work with OC San staff on additional options available to residents affected by this encroachment. And, if appropriate, have staff convene a town hall with residents and appropriate parties to discuss the issue. 319 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-045 MEETING DATE:1/16/2024 Item Submitted by Council Members Bolton, Kalmick and Moser - Expedited Plan Check for Development Direct the City Manager to work with Bargaining Units and the necessary City Departments (e.g. Community Development, Public Works, Fire etc.) to create a voluntary, expedited plan check process with either City Employees (first priority) and/or contracted plan checkers to help expedite the process of getting plans approved. All costs would be borne by the Expedited Plan Check applicant, not the City. City of Huntington Beach Printed on 1/10/2024Page 1 of 1 powered by Legistar™320 CI T Y O F H U N T I N G T O N B E A C H CI T Y C O U N C I L M E E T I N G – CO U N C I L M E M B E R I T E M S R E P O R T TO : TH E H O N O R A B L E MA Y O R A N D CI T Y C O U N C I L FR O M : DA N K A L M I C K , C I T Y C O U N C I L M E M B E R NA T A L I E M O S E R , C I T Y C O U N C I L M E M B E R RH O N D A B O L T O N , C I T Y C O U N C I L M E M B E R DA T E : JA N U A R Y 1 6 , 2 0 2 4 SU B J E C T : EX P E D I T E D P L A N C H E C K F O R D E V E L O P M E N T As p a r t of t h e “ O n e S t o p S h o p ” i n i t i a t i v e b r o u g h t f o r w a r d i n 2 0 2 2 , s e v e r a l s t r e a m l i n i n g p r o c e s s e s ha v e b e e n c o n t e m p l a t e d . C o u n c i l m e m b e r s Mo s e r , K a l m i c k an d Bo l t o n al o n g w i t h so m e C i t y S t a f f to u r e d f a c i l i t i e s i n R i v e r s i d e . R i v e r s i d e h a s l e d t h e C o u n t r y i n s t r e a m l i n i n g pe r m i t t i n g an d p l a n ch e c k f o r d e v e l o p m e n t . On e o f t h e b i g g e s t c o m p l a i n t s w e h a v e h e a r d o v e r t h e y e a r s fr o m b u s i n e s s o w n e r s is th a t i t ta k e s to o l o n g to g e t t h r o u g h t h e p e r m i t t i n g p r o c e s s t o o p e n a b u s i n e s s i n H u n t i n g t o n B e a c h . We ag r e e an d re c o g n i z e t h a t th i s is d u e t o st a f f i n g l e v e l s i n t h e De v e l o p m e n t S e r v i c e s De p a r t m e n t s. Ye t , du e t o c u r r e n t r e s o u r c e c o n s t r a i n t s , i t i s u n c l e a r h o w l o n g i t w i l l t a k e t o f u l l y i m p l e m e n t th e On e St o p S h o p c o n c e p t . Im p l e m e n t in g a v o l u n t a r y , ov e r t i m e -ba s e d pa y -fo r -se r v i c e “ E x p e d i t e d P l a n C h e c k ” p r o c e s s w i l l he l p a d d r e s s le n g t h y p r o c e s s i n g t i m e s an d w i l l ve r y l i k e l y b e p a r t o f t h e O n e S t o p S h o p s o l u t i o n . Th i s co m m o n s e n s e me a s u r e i s s o m e t h i n g t h a t c a n b e d o n e n o w t o a s s i s t o u r c u r r e n t a n d f u t u r e bu s i n e s s o w n e r s , w i t h n o i m p a c t t o t h e Cit y ’ s b u d g e t . Ho w e v e r , t h i s s t e p p r o b a b l y re q u i r e s co l l e c t i v e b a r g a i n i n g u n i t s t o a g r e e t o t h i s v o l u n t a r y ov e r t i m e p r o c e s s a l o n g w i t h p a y an d p e r s o n n e l cl a s s i f i c a t i o n ch a n g e s . We k n o w f r o m e x p e r i e n c e th a t s u c h c o l l e c t i v e b a r g a i n i n g p r o c e s s e s c a n b e l e n g t h y . T h e r e f o r e , w e b e l i e v e t h a t w e s h o u l d ge t a l e g u p o n t h a t n o w a n d st a r t w o r k i n g o n E x p e d i t e d P l a n C h e c k in H u n t i n g t o n B e a c h no w . RE C O M M E N D E D A C T I O N Di r e c t t h e C i t y M a n a g e r t o w o r k w i t h B a r g a i n i n g U n i t s a n d th e n e c e s s a r y C i t y D e p a r t m e n t s ( e . g . Co m m u n i t y D e v e l o p m e n t , P u b l i c W o r k s , Fi r e et c . ) to c r e a t e a v o l u n t a r y , ex p e d i t e d p l a n c h e c k pr o c e s s w i t h e i t h e r C i t y E m p l o y e e s (f i r s t p r i o r i t y ) an d / o r c o n t r a c t e d p l a n c h e c k e r s t o h e l p ex p e d i t e t h e p r o c e s s o f g e t t i n g p l a n s a p p r o v e d . A l l c o s t s w o u l d b e b o r n e b y t h e Ex p e d i t e d P l a n Ch e c k ap p l i c a n t , no t t h e C i t y . 32 1 li