- Pledge of Allegiance to the Flag of the United States of America -

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1 Beachwood City Council MEETING AGENDA TUESDAY, SEPTEMBER 4, :00 PM at Beachwood City Hall, Council Chambers, Fairmount Boulevard, Beachwood - Pledge of Allegiance to the Flag of the United States of America - 1. Roll Call 2. Reports: (a) Mayor (b) Council Members (Non-Agenda Items) (c) Department Directors 3. Citizen s Remarks. (City Council limits Citizen s Remarks to three (3) minutes each) 4. Approval of Minutes: Approval of the Minutes of the Residential Housing Committee Meeting held on March 12, 2018 Approval of the Minutes of the Safety and Public Health Committee Meeting held on March 15, 2018 Approval of the Minutes of the Committee of the Whole Meeting held on March 26, 2018 Approval of the Minutes of the Committee of the Whole Meeting held on April 30, 2018 Approval of the Minutes of the Regular Council Meeting held on August 20, Finance and Insurance Committee An Ordinance authorizing and directing the payment of Ordinance No certain claims (Bills) for Professional and other services; and declaring this to be an urgent measure 6. Finance and Insurance Committee An Ordinance amending appropriations for current expenditures and other Ordinance No expenses of the City of Beachwood, State of Ohio for the fiscal year 2018, January 1, 2018 to December 31, 2018, inclusive; and declaring this to be an urgent measure 7. Finance and Insurance Committee An Ordinance accepting the proposal of McGowan Governmental Ordinance No Underwriters for Workers Compensation Excess Compensation Coverage from August 1, 2018 through July 31, 2020 for the City of Beachwood, Ohio; and declaring this to be an urgent measure 8. Legal and Personnel Committee An Ordinance amending BCO Chapter 131 titled Mayor, by amending Ordinance No Section relating to the authority to settle Moral Claims; and declaring this to be an urgent measure 9. Legal and Personnel Committee An Ordinance amending existing section of the 2017 Administrative Ordinance No Salary Ordinance for the City of Beachwood, Ohio, regarding paid parental leave; and declaring this to be an urgent measure 10. Safety and Public Health Committee A Motion authorizing the Clerk to advertise for bids for the Motion Cedar Road Area Camera Project

2 Page Two City Council Meeting Agenda September 4, Correspondence: Notice to Legislative Authority for a new liquor permit for Unidine Corp., Harvard Road, Beachwood, Ohio, ***PENDING*** 1. Planning and Zoning Committee An Ordinance amending various sections of the City of Beachwood, Ordinance No Ohio Planning and Zoning Code and the City of Beachwood, Ohio Building Code to include the addition of Chapters 1108 and 1144, and the removal of Chapters 1115, 1149, 1301, 1315, 1319, 1321, 1323, 1325, 1331, and 1333 Placed on First Reading and referred to P&Z: May 7, 2018

14 Exhibit A

22 INTRODUCED BY: ORDINANCE NO AN ORDINANCE AMENDING BCO CHAPTER 131 TITLED MAYOR, BY AMENDING SECTION RELATING TO THE AUTHORITY TO SETTLE MORAL CLAIMS; AND DECLARING THIS TO BE AN URGENT MEASURE NOW, THEREFORE, BE IT ORDAINED BY THE Council of the City of Beachwood, County of Cuyahoga, and State of Ohio, that: Section 1. Council hereby amends BCO Chapter 131 titled Mayor, to amend Section as follows (deletions in strikethrough, new language in bold): AUTHORITY TO SETTLE MORAL CLAIMS. The Mayor is hereby authorized to settle moral claims made against the City, with the approval of the Law Director, of not more than five hundred dollars ($500.00) one thousand five hundred dollars and no/cents ($ ). As used in this section, a moral claim means a claim against the City which is legally doubtful or uncertain, but which, in the course of natural justice, should be paid to avoid an unreasonable and undue hardship upon a person who has been caused a loss through no fault of himself or herself, which loss arises out of some act or omission relating to governmental or proprietary activities of the City. Section 2: It is found and determined that all formal actions and deliberations of Council and its committees relating to the passage of this legislation that resulted in formal action were in meetings open to the public where required by Chapter 105 of the Codified Ordinances of the City. Section 3: This Ordinance is declared to be an urgent measure which is immediately necessary for the public peace, health or safety or the efficient operation of the City, and for the further reason that it is necessary to be effective as soon as possible; wherefore, this Ordinance shall be in full force and effect immediately upon its passage and approval by the Mayor. WHEREFORE, this Ordinance shall be in full force and effect from and after the earliest period permitted by law. Attest: I hereby certify this legislation was duly adopted on the 4 th day of September, 2018, and presented to the Mayor for approval or rejection in accordance with Article III, Section 8 of the Charter on the 5 th day of February, Clerk Approval: I have approved this legislation this 5 th day of September, 2018, and filed it with the Clerk. Mayor

23 INTRODUCED BY: ORDINANCE NO AN ORDINANCE AMENDING EXISTING SECTION OF THE 2017 ADMINISTRATIVE SALARY ORDINANCE FOR THE CITY OF BEACHWOOD, OHIO, REGARDING PAID PARENTAL LEAVE; AND DECLARING THIS TO BE AN URGENT MEASURE WHEREAS, Council has previously adopted an Administrative Salary Ordinance by Ordinance No , as said Ordinance has been amended and supplemented from time to time; and WHEREAS, Council desires to amend Section to provide for paid parental leave. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Beachwood, County of Cuyahoga, and State of Ohio, that: Section 1: Council hereby amends Section 2.5.3, PAID PARENTAL LEAVE of the 2017 Administrative Salary Ordinance to read as set forth in Exhibit A, which is attached hereto and incorporated herein by reference for all administrative personnel of the City of Beachwood who are not members of a collective bargaining unit. Section 2: Existing Section 2.5.3, titled ADOPTION/CHILDBIRTH LEAVE, and any other ordinances or parts thereof in conflict with this Ordinance be, and are hereby amended. Section 3: It is found and determined that all formal actions and deliberations of Council and its committees relating to the passage of this legislation that resulted in formal action were in meetings open to the public where required by Chapter 105 Codified Ordinances of the City. Section 4: This Ordinance is declared to be an urgent measure which is immediately necessary for the public peace, health or safety or the efficient operation of the City; and for the further reason of the immediate necessity to implement this new benefit for City employees and elected officials who are not members of a collective bargaining unit. WHEREFORE, this Ordinance shall be in full force and effect from and after the date of adoption. Attest: I hereby certify this legislation was duly adopted on the 4 th day of September, 2018, and presented to the Mayor for approval or rejection in accordance with Article III, Section 8 of the Charter on the 5 th day of September, Clerk Approval: I have approved this legislation this 5 th day of September, 2018, and filed it with the Clerk. Mayor

24 EXHIBIT A PAID PARENTAL LEAVE 1. Purpose. Under the Family Medical Leave Act (FMLA), employees are entitled to twelve (12) weeks of parental leave for the birth or adoption of a child. However, often times the leave under FMLA is unpaid, which can result in a new parent taking an inadequate amount of leave to care for the newborn or newly adopted child. Paid Parental Leave is intended to provide an opportunity for City of Beachwood employees to take up to a maximum of four (4) calendar weeks of continuous paid leave to provide necessary parental care following the birth or adoption of a minor child. 2. Eligibility. To be eligible for benefits under Paid Parental Leave, an employee shall: a. Have been employed by the City of Beachwood for at least twelve (12) months; b. Have worked at least 1,250 hours over the previous twelve (12) months period immediately preceding the date when the requested leave would begin; c. Be the biological parent of a newly born child or legal guardian of a newly adopted child; d. Be required to provide documentation of the date of birth or adoption, as well as documentation of the parentage or adoption of the child; e. Submit the request to Human Resources in the appropriate form at least thirty (30) days prior to the requested time off for foreseeable leave or as much notice as is practicable under the circumstances for unforeseeable leave; and f. Any employee who provides false or misleading information on the appropriate form under subsection (e), above, or who fails to submit the appropriate form under subsection (e), above, or who otherwise provides false or misleading information as to subsections (c), or (d), above, shall be subject to discipline, up to and including termination. 3. Duration of Leave. An employee who is eligible for Paid Parental Leave pursuant to subsection (2), above, may take Paid Parental Leave for all hours of work during the four (4) calendar weeks commencing with, and immediately following, the effective date and triggering event, as set forth in subsection (4), below. Under no circumstances shall Paid Parental Leave be taken beyond six (6) calendar months from the exact date of birth or

25 August 3, 2018; Revised August 17, 2018; FINAL AUGUST 24, 2018 placement of a child for adoption. The employee may elect to utilize intermittent Paid Parental Leave, provided, that the minimum amount of any portion of intermittent leave shall be one (1) full work day, and, in the event an employee elects to take intermittent Paid Parental Leave, the leave shall not extend beyond six (6) calendar months from the exact date of birth or placement of a child for adoption. Additionally, any employee utilizing intermittent Paid Parental Leave must submit the request for leave to the employee s supervisor prior to any work day where the leave will be utilized. 4. Effective Date and Triggering Event. Eligibility for taking Paid Parental Leave shall begin on the exact date of birth of an employee s child or on the exact day on which custody is taken by the employee for an adoption placement. If an employee adopts multiple children, the Paid Parental Leave triggering event shall be considered a single qualifying event, and will not serve to increase the length of leave for the employee, so long as the children are adopted within six (6) weeks of each other. If an employee is the parent of more than one child born at the same time, the Paid Parental Leave triggering event shall be considered a single qualifying event and will not serve to increase the length of leave for the employee. 5. Other Employee Benefits. Employees will remain eligible to receive all employee provided paid benefits and continue to accrue all other forms of paid leave. The employee will receive all forms of paid leave, regardless of the pay status during the period of Paid Parental Leave. 6. Overtime/Holiday Pay/Outside Employment. Employees are ineligible for overtime pay during the period of time they are receiving Paid Parental Leave, and, in the event of intermittent use of Paid Parental Leave, during any week where Paid Parental Leave is utilized by the employee. An employee shall continue to receive their holiday pay, if they are receiving their full pay during the Paid Parental Leave period, and if they comply with all other policy or contractual provisions to receive holiday pay. Employees are ineligible to hold outside employment during the period of Paid Parental Leave. Any employee found to be holding outside employment during Paid Parental Leave shall be subject to discipline up to and including termination. Any holiday pay received by an employee for any work day during the four (4) week period of Paid Parental Leave shall constitute the sole pay for the employee for those hours worked and shall not be in addition to the employee s Paid Parental Leave. Additionally, the occurrence of any holiday 1

26 August 3, 2018; Revised August 17, 2018; FINAL AUGUST 24, 2018 during the four (4) calendar weeks of Paid Parental Leave shall not extend the time period for Paid Parental Leave. 7. FMLA/Paid Time Off. Paid Parental Leave shall run concurrently with Family Medical Leave Act (FMLA) Leave, and employees using Paid Parental Leave who meet eligibility requirements of the FMLA shall have the entire non-working period of Paid Parental Leave counted towards the employee s FMLA entitlement. Upon the exhaustion of the Paid Parental Leave Benefit, Section 4.9(D)(2)(a) (see the portion of the City s FMLA Policy as set forth in the Personnel Policy Manual that discusses use of paid time off) will take effect requiring accrued leave time be used. Paid Parental Leave does not supersede or replace an employee s rights under FMLA. 8. Death of an Unborn or Newborn Child. An employee who would otherwise be eligible for Paid Parental Leave pursuant to subsection (2), above, whose child is stillborn or dies during the third trimester of pregnancy is eligible for three (3) calendar weeks of Paid Parental Leave following the date of death of the unborn or stillborn child. In the event that a newly born or adopted child dies during the period of time that the employee is on Paid Parental Leave, the employee shall be entitled to the full extent of the Paid Parental Leave permitted under subsection (3), above, and the Paid Parental Leave shall not terminate due to the death of the child. All other provisions of Paid Parental Leave granted pursuant to this subsection (8) shall apply. 2

-Pledge of Allegiance to the Flag of the United States of America- Third graders from Hilltop Elementary

Beachwood City Council Meeting Agenda Monday, December 17, 2018, 7:00 PM at Beachwood City Hall, Council Chambers, 25325 Fairmont Boulevard, Beachwood, Ohio 44122 -Pledge of Allegiance to the Flag of the