HomeMy WebLinkAboutCity Council - 2002-1 RESOLUTION NO. 2002-1
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH MODIFYING SALARY AND
BENEFITS FOR CALENDAR YEARS 2001 AND 2002
FOR NON-REPRESENTED EMPLOYEES
WHEREAS, the City Council of the City of Huntington Beach desires to modify salary
and benefits for non-represented employees for calendar years 2001 and 2002,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
SECTION 1. Benefits for non-represented employees shall be modified as reflected in
EXHIBIT "A," effective as indicated.
SECTION 2. Salary for non-represented employees shall be modified as reflected in
EXHIBIT "B," effective as indicated.
SECTION 3. Except as modified, existing benefits shall remain in effect.
SECTION 4. Any resolution in conflict herewith, whether by minute action or resolution
of the City Council heretofore approved, is hereby repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7th day of January 02
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk 01- 01-0'z _..._ �ttorney L«M abi m
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Ad lstrator EWrector of dminis trative ervices
01 resolnon-rep-emp/12/12/01
NON-ASSOCIATED EMPLOYEE BENEFITS RESOLUTION Res.No.2002-1
TABLE OF CONTENTS
Page
EXHIBITA-NON-ASSOCIATED EMPLOYEES BENEFIT PROVISIONS 3
SECTION I—SPECL4L PAY 3
A. Education Reimbursement 3
B. Shorthand Skill Pay 3
C. Assigned Vehicle/Auto Allowance 3
1. Department Heads 3
2. Designated Division Heads 3
3. Others 3
D. City Paid Physical Examinations 4
E. Bilingual Skill 4
F. Process Owner Assignment Pay 4
SECTION II—HOURS OF WORIUOVERTIMEITIME OFF 4
A. Administrative Leave/Executive Leave 4
B. Direct Deposit 5
SECTION III—HEALTHAND OTHER INSURANCE BENEFITS 5
A. Health Insurance 5
B. Life and Accidental Death and Dismemberment Insurance 6
C. Long Term Disability Insurance 6
D. Miscellaneous 6
SECTION IV—RETIREMENT 7
A. Benefits 7
1. Public Employees' Retirement System 7
2. Self-Funded Supplemental Retirement Benefit 7
3. Medical Insurance for Retirees 7
4. Two Percent(2%)at Age 55 Formula 8
B Public Employees' Retirement System Reimbursement and Reporting 8
SECTION V—LEAVE BENEFITS 9
A. General Leave 9
1. Accrual 9
2. Eligibility and Approval 9
3. Conversion to Cash 9
B. Holidays 10
C. Sick Leave, 10
D. Bereavement Leave 12
E. Paternity Leave 12
SECTION VI---RETIREE SUBSIDYMEDICAL PLAN 12
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NON-ASSOCIATED EMPLOYEES BENEFIT RESOLUTION
TABLE OF CONTENTS Res.No.20t32-1
Page
I. Minimum Eligibility for Benefits 13
2_ Disability Retirees 13
3. Maximum Monthly Subsidy Payments 14
Subs rdy 14
SECTION VII--RULES GOVERNING LAYOFF,REDUCTIONINLIEU OFLAYOFF
AND RE-EMPLOYMENT 15
A. Part 1-Layoff Procedures 15
1. General Provisions: 15
2. Service Credit: 15
3. Transfer or Reduction to Vacancies in Lieu of layoff: 16
4. Order of Layoff: 17
5. Notification of Employees: 17
B. Part 2-Bumping Rights 18
1. Voluntary Reduction or Bumping in Lieu of Layoff: 18
2. Reinstatement/Reemployment Lists 19
3. Qualifications Appeal 19
4. Qualifications Appeal Hearing: 19
C. Part 3-Reemployment 19
1. Reemployment: __ _ 19
2. Status on Reemployment: 20
EXHIBIT B-NON ASSOCIATED SALARYSCHEDULE 22
EXHIBIT C-RETIREE MEDICAL PLAN 23
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Res.No.2002-1
EXHIBIT A - NON-ASSOCIATES] EMPLOYEES BENEFIT PROVISIONS
SECTION I — SPECIAL PAY
A. Education Reimbursement
Upon approval of the Department Head and the Human Resources Officer,
permanent employees may be compensated for courses from accredited
educational institutions. Tuition reimbursement shall be limited to job related
courses or job related educational degree objectives and requires prior approval by
the Department Head and Human Resources Officer.
Education costs shall be reimbursed to permanent employees on the basis of a full
refund for tuition, books, parking (if a required fee) and any other required fees
upon presentation of receipts. However, the maximum reimbursement shall be not
more than one thousand two hundred and fifty dollars ($1,250) in any fiscal year
period.
Reimbursements shall be made when the employee presents proof to the Human
Resources Officer that he/she has successfully completed the course with a grade
of"C" or better; or a "Pass" if taken for credit.
B. Shorthand Skill Pay
Employees who have successfully passed a shorthand skills test and who are
required to use shorthand regularly in their jobs shall receive additional
compensation in the amount of one hundred dollars ($100) per month. Shorthand
skill may be required for selected positions classified as Executive Assistant,
Administrative Assistant, and Administrative Secretary (Confidential).
C. Assigned Vehicle/Auto Allowance
1. Department Heads
Appointed Department Heads and the City Clerk, City Treasurer and City
Attorney shall have the option of an assigned city two hundred thirty dollars
and seventy-seven cents ($230.77) bi-weekly plus reimbursement of out-of-
town travel at the approved mileage rate.
2. Designated Division Heads
Non-Associated employees who were Division Heads assigned a city vehicle
as of July 2, 1983 shall have the option of an assigned city vehicle or an
automobile allowance one hundred sixty one dollars and fifty-four cents
($161.54) bi-weekly per month plus reimbursement for out-of-town travel at
the approved mileage rate.
3. Others
Non-Associated employees who are regularly required to travel to perform
official city business but do not have an assigned vehicle or automobile
allowance shall be provided with a vehicle for such business.
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EXHIBIT A Res.No.20021
NON-ASSOCIATED EMPLOYEES
BENEFIT PROVISIONS
D. City Paid Physical Examinations
Non-Associated employees shall be provided, once every two years, with a city paid
physical examination comparable to the current class physical. examination or
reimbursed the amount authorized for said physical examination. No more than
one-half of the eligible employees shall receive examinations in any one fiscal year.
Department Heads shall be required to take the scheduled physical examination.
Said exam shall be comprehensive in nature and shall include:
1. A complete medical history, physical exam and review of results by physician.
2. Health testing including vision, hearing, breathing, chest x-ray and stress
EKG.
3. Laboratory test including standard chemical test, blood count, HDL, urinalysis
and stool test for blood.
E. Bilingual Skill
Permanent employees who are required by their Department Head to use Spanish,
Vietnamese, or Sign Language skills as part of their job assignment, shall be paid
an additional five-percent (5%) of their basic hourly rate in addition to their regular
bi-weekly salary. Permanent employees may accept assignments utilizing bilingual
skills in other languages on a short-term assignment with approval by the City
Administrator. Such employees shall receive the additional five percent (5%) for
every bi-weekly pay period that the assignment is in effect. In order to be eligible for
said compensation, employee's language proficiency will be tested and certified by
the Human Resources Officer or designee.
F. Process Owner Assignment Pay
Those employees performing assignments designated by the City as "process
owner" assignments shall receive premium pay equal to ten percent (10%) of the
employee's base Dourly rate.
Process owner assignments are designated by the employee's department head
and approved by the City Administrator or his designee. Designated employees are
responsible for JDEdwards applications setup, design, troubleshooting and training.
Process owners have system coordination responsibilities as distinguished from
users of the system.
SECTION II— HOURS OF WORKIOVERTIMEITIME OFF
A. Administrative Leave/Executive Leave
Non-Associated employees shall not be eligible for overtime compensation.
However, Non-Associated employees designated as "non-exempt" (NE) may be
granted paid or compensatory time off at time and one half for hours worked over 40
hours in a workweek. "Exempt" Non-Associated employees, other than department
heads, shall be credited with (40) hours of administrative leave upon working 40
hours beyond their normal work schedule in each calendar year. Department heads
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EXHIBIT A
Res.No.2002-1
NON-ASSOCIATED EMPLOYEES
BENEFIT PROVISIONS
may grant additional administrative leave to "Exempt" Non-Associated employees
who work more than 75 hours of overtime per year. "Exempt" department heads
shall be credited with 80 hours of administrative leave per year.
B. Direct Deposit
All Non-Associated employees shall be required to utilize direct deposit of payroll
checks effective March 29, 2002.
SECTION III — HEALTH AND OTHER INSURANCE BENEFITS
A. Health Insurance
1. Medical
a. The City shall continue to provide group medical benefits to all Non-
Associated employees with coverage and other benefits comparable to
the group medical plan currently in effect. The City Administrator is
authorized to modify the benefits described in this Section to reflect
changes necessary to make benefits comparable to those benefits
provided other managers in the City.
b. Eligibility Criteria and Cost
1) City Paid Medical and Dental Insurance - Dependents
The City will assume payment, subject to the limitations set forth in
Article III.A.1.c.2-4 for dependent health and dental insurance
effective the first of the month following 30 days of employment.
Monthly Delta Delta VSP
Premium City Plan Health Net Dental Care Safeguard (Vision)
Single $ 280.51 $ 236.31 $41.31 $ 23.00 $ 16.20 $ 17.58
Two-Party : 554.70 517.79 78.92 39.11 29.16 17.58
Family 679.15 682.46 112.10 59.81 37.22 17.58
(3 or More)`
2) Year 2002 Premiums — The City caps" its contributions toward
employee monthly health insurance premiums by category (single,
two-party, family) and plan (medical, dental, vision) at the rate in
effect January 1, 2002 for the year ending December 31, 2002.
3) Medical Cash Out—If an employee is covered by a medical program
outside of a City-provided program (evidence of which must be
supplied to the Employee Benefit Division), they may elect to
discontinue City medical coverage and receive ninety-two dollars
and thirty-one cents ($92.31) bi-weekly to deposit into their Deferred
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EXHIBIT A Res.No.2002-1
NON-ASSOCIATED EMPLOYEES
BENEFIT PROVISIONS
Compensation account or any other pre-tax program offered by the
City.
4) Section 125 Plan —This plan allows employees to use pre-tax salary
to pay for regular childcare, adult dependent care and/or medical
expenses.
B. Life and Accidental Death and Dismemberment Insurance
Each Non-Associated employee under age sixty-five (65) shall be provided with
$45,000 life insurance and $45,000 accidental death and dismemberment insurance
paid for by the City. Each employee shall have the option, at his/her 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.
C. 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 Non-Associated employee may use
accumulated sick leave and general leave pay. Subsequent to the thirty (30) day
waiting period, the employee will be covered by an insurance plan paid for by the
City providing sixty-six and two-thirds percent (66 2/3%) of the first $12,500 of the
employee's basic monthly earnings up to a maximum monthly benefit of$8,332.50.
The maximum benefit period for disability due to injury or illness small be to age
sixty-five (65).
Days and months refer to calendar days and months. Benefits under the plan are
integrated with sick leave, Worker's Compensation, Social Security and 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/she is fitted by reason of education, training or experience."
Rehabilitation benefits are provided in the event the individual, due to disability,
must engage in other occupation. Survivor's benefits continue the plan payment for
three (3) months beyond death. A copy of the plan is on file in the Administrative
Services Department, Employee Benefits Division.
D. Miscellaneous
When a Non-Associated employee is on a leave of absence without pay for reason
of medical disability, the City shall maintain the City paid 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.
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EXHIBIT A
Res.Na.2002-1
NON-ASSOCIATED EMPLOYEES
BENEFIT PROVISIONS
SECTION IV-- RETIREMENT
A. Benefits
1. Public Employees' Retirement System
Non-Associated employees shall be entitled to retirement benefits
appropriate to his/her class as defined in the contract between the Board of
Administration, Public Employees' Retirement System and the City Council of
the City of Huntington Beach.
2. Self-Funded Supplemental_Retirement Benefit
In the event a Non-Associated employee member elects Option #2
(Section 21456) or Option #3. (Section 21457) 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 his or her life alone. This payment shall be made only to the member
(Non Associated employee), shall be payable by the City during the life of the
member, and upon that member's death, the City's obligation shall cease.
Unless previously excluded by employment or resolution, eligibility for this
benefit is limited to employees hired before December 27, 1997,
3. Medical Insurance for Retirees
a. Upon retirement, whether service or disability connected, each non-
associated employee shall be entitled to cause himself or herself, spouse
and dependents to participate fully in the City's group health insurance
program at the equivalent of the City's group premium rate in accordance
with the provisions specified by COBRA (Federal Law). Such participation
shall be at employee's expense and upon terms, conditions and
restrictions currently in effect.
b. As an alternative to the benefit described in paragraph VI.A.4.a above, the
City will provide a financial contribution towards the cost of retiree medical
premiums as described in Section VII.
c. Retired employees exercising either option (per paragraph a or b above)
may cause any premiums not paid by the City to be paid for retiree
medical insurance out of any available funds due and owing them for
unused sick leave benefits upon retirement, provided; however, that
whenever any such retired employee does not have any such available
funds with which to cause the premiums to be paid, he or she 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 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
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EXHIBIT A Res.No.2002-1
NON-ASSOCIATED EMPLOYEES
BENEFIT PROVISIONS
dollars. The calculation of such sick leave dollars shall be in accordance
with Section V.A.3.d.
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 insure
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 his or her 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-
five (35) days after mailing such notice.
Any retired employee electing to obtain such medical insurance coverage
after retirement shall have the further option to terminate such coverage
following the provision of thirty (30) days written notice to the City,
whereupon any funds due and owing him or 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; provided, however,
,that once such retired employee elects to terminate such coverage, he or
she shall be precluded from securing it at a later date at the group rate.
4. Two Percent (2%) at Age 55 Formula
Non-Associated Employees shall be covered by the two percent at age 55
formula (2% @ 55) as identified in Section 21354.
B. Public Employees' Retirement System Reimbursement and-Reporting
1. Employees' Contribution
Non-Associated employees shall be reimbursed bi-weekly in an amount
equal to 7% of the employee's base salary (9% for safety employees) as a
pickup of the employee's contribution or portion of such contribution to the
Public Employees' Retirement System. The above PERS pickup is not base
salary but is done pursuant to Section 14(h)(2) of the Internal Revenue Code.
01-02 NA MOU Final 8 118102 2;06 PM
EXHIBIT A Res.No.2002-t
NON-ASSOCIATED EMPLOYEES
BENEFIT PROVISIONS
SECTION V — LEAVE BENEFITS
A. General Leave
1. Accrual
Employees will accrue General Leave at the accrual rates outlined below.
General leave may be used for any purpose, including vacation, sick leave,
and personal leave.
General leave for non-associated employees shall be accrued as follows:
Years of Service General Allowance
First through Fourth Year 176 hours
Fifth through Ninth Year 200 hours
Tenth through Fourteenth Year 224 hours
Fifteenth Year and Thereafter 256 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. Members shall not be permitted to
take general leave in excess of actual time earned. Members shall not
accrue general leave in excess of six hundred hours (600). Employees may
not use their general leave to advance their separation date on retirement or
other separation from employment.
3. Conversion to Cash
a. Pay Off at Termination — An employee shall be paid for unused general
leave upon termination of employment at which time such terminating
employee shall receive compensation at his/her current salary rate for all
unused, earned general leave to which he/she is entitled up to and
including the effectnre date of his/her termination.
b. Conversion to Cash — Once during each fiscal year, each permanent
employee shall have the option to convert into a cash payment or
deferred compensation up to a total of one hundred-twenty (120) of
general leave benefits. The employee shall give two (2) weeks advance
notice of his or her decision to exercise such option.
c. Medical Premium Conversion Employees electing to participate in the
City's group medical plan after retirement may cause the premiums to be
paid by the City out of any available funds due and owing them under
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EXHIBIT A ties.No.2002-1
NON ASSOCIATED EMPLOYEES
BENEFIT PROVISIONS
terms of the agreement for unused sick. leave or general leave benefits
upon retirement.
d. One Week Minimum Vacation Requirement
The City Administrator may require certain positions which handle money
of transfer funds to take a minimum of one week, (i.e., five consecutive
work days) paid vacation each calendar year.
B. Holidays
The following are paid eight (8) hour holidays:
1. New Year's Day
2. Martin Luther King Day (third Monday in January)
3. Presidents 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, unless designated as a different date by
City Council)
8. Thanksgiving Day (fourth Thursday in November)
9. The Friday after Thanksgiving
10. Christmas Day (December 25)
11. 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 the City of
Huntington Beach.
For Civic Center holiday closure purposes, holidays which fall on Sunday
shall be observed the following Monday, and those falling on Saturday shall
be observed the preceding Friday.
C. Sick Leave
1. Accrual — No employee shall accrue sick leave after December 24, 1999.
Z. Credit — Employees assigned to Non-Associated 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 December 25, 1999.
4. Family Sick Leave — Sick leave may be used for an absence due to illness of
the employee's spouse or child when the employee's presence is required at
home, provided that such absences shall be limited to five (5) days per
calendar year.
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EXHIBIT A Res.No.2002-1
NON-ASSOCIATED EMPLOYEES
BENEFIT PROVISIONS
5. Pay Off at Termination
a. Non Associated employees with continuous service with the City since
November 20, 1978 shall be entitled to the following sick leave payoff
plan:
At involuntary termination by reason of disability, or by death, or by
retirement, employees shall be compensated at their then current rate of
pay for seventy-five percent (75%) of all unused sick leave accumulated
as of July 1, 1972, plus fifty percent (50%) of unused sick leave
accumulated subsequent to July 1, 1972, up to a maximum of seven
hundred and twenty hours (720) of unused, accumulated sick leave,
except as provided in paragraph V.C.5.d below.
Upon termination for any other reason, employees shall be compensated
at their then current rate of pay for fifty percent (50%) of all unused
accumulated sick leave, up to a maximum of 720 hours of such
accumulated sick leave.
b. Non-Associated 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 salary
rate, for twenty-five percent (25%) of unused, earned sick leave to 480
hours accrued, and for thirty-five percent (35%) of all unused, earned sick
leave in excess of 480 hours, but not to exceed 720 hours, except as
provided in paragraph V.C.2.c below.
c. .Except as provided in paragraph V.C.5.d below, no Non-Associated
employee shall be paid at termination for more than 720 hours of unused,
accumulated sick lave. However, employees may 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.
d. Non-Associated employees who had unused, accumulated sick leave in
excess of 720 hours as of July 5, 1980, shall be compensated for such
excess sick leave remaining on termination under the formulas described
in paragraphs V.C.5.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 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. To the extent that any such "capped" amount of excess
sick leave over 720 hours is utilized, the maximum compensable amount
shall be correspondingly reduced_ (Example: Employee had 1,000 hours
accumulated. Six months after July 5, 1980, employee had accumulated
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EXHIBIT A Res.No.2002-1
NON-ASSOCIATED EMPLOYEES
BENEFIT PROVISIONS
another 48 hours. Employee is then sick for 120 hours. Employee's
maximum sick leave "cap" for compensation at termination is now reduced
by 72 hours to 928.)
D. Bereavement Leave
Employees shall be entitled to bereavement leave not to exceed twenty-four (24)
hours in each instance of death in the immediate family. Immediate family is
defined as father, mother, sister, brother, spouse, 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.
E. Paternity Leave
Fathers may utilize accumulated sick leave in addition to compensatory, general
and administrative leave, or take unpaid leave, to care for their newborn or adopted
child (or children if more than one is born or adopted at the same time) up to a total
of 160 hours, within one year of said birth or adoption.
SECTION VI — RETIREE SUBSIDY MEDICAL PLAN
An employee who has retired from the City shall be entitled to participate in the City
sponsored medical insurance plans and the City shall contribute toward monthly premiums
for coverage in an amount as specified in accordance with this Plan, provided:
A. At the time of retirement the employee has a minimum of ten (10) years of
continuous City service or is granted an industrial disability retirement; and
B. At the time of retirement, the employee is employed by the City; and
C. Following official separation from the City, the employee is granted a retirement
allowance by the California Public Employees' Retirement System.
The City's obligation to pay the monthly premium as indicated shall be modified
downward or cease during the lifetime of the retiree upon the occurrence of any
one of the following:
1. During any period the retired employee is eligible to receive or receives
health insurance coverage at the expense of another employer, the
payment will be suspended. "Another employer" as used herein
means private employer or public employer or the employer of a
spouse. As a condition of being eligible to receive the premium
contribution as set forth in this plan, the City shall have the right to
require any retiree to annually certify that the retiree is not receiving or
eligible to receive any such health insurance benefits from another
employer. If it is later discovered that a misrepresentation has
occurred, the retiree will be responsible for reimbursement of those
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EXHIBIT A Res. No.2002-1
NON-ASSOCIATED EMPLOYEES
BENEFIT PROVISIONS
amounts inappropriately expended and the retiree's eligibility to receive
further benefits will cease.
2. 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 medical plans
shall be governed by applicable plan document.
3. In the event of the death of any employee, whether retired or not, the
amount of the retiree medical insurance subsidy benefit which the
deceased employee was receiving at the time of his/her death would
be eligible to receive if he/she were retired at the time of death, shall
be paid on behalf of the spouse or family for a period not to exceed
twelve (12) months.
D. Schedule of Benefits
I. Minimum Eligibility for Benefits
With the exception of an industrial disability retirement, eligibility for benefits
begin after an employee has completed ten (10) years of continuous service
with the City of Huntington Beach. Said service must be continuous unless
prior service is reinstated at the time of his/her rehire in accordance with the
City's Personnel Rules,
2. Disability Retirees
Industrial disability retirees with less than ten (10) years of service shall
receive a maximum monthly payment toward the premium for health
insurance of $121. 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.
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EXHIBIT A
Res.No.2002-1
NON-ASSOCIATED EMPLOYEES
BENEFIT PROVISIONS
3. Maximum Monthly Subsidy Payments
All retirees, including those retired as a result of disability whose number of
years of service prior to retirement exceeds ten (10), shall be entitled to
maximum monthly payment of premiums by the City for each year of
completed City service as follows:
Maximum Monthly Payment
for Retirements After:
Years of Service Subsidy
10 $ 121
11 136
12 151
13 166
14 181
15 196
16 211
17 226
18 241
19 256
20 271
21 286
22 300
23. 315
24 330
25 344
Note: The above payment amounts may be reduced each month as dependent eligibility ceases
due to death, divorce or loss of dependent child status. However, the amount shall not be
reduced 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.
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EXHIBIT A Res.No.2002-1
NON-ASSOCIATED EMPLOYEES
BENEFIT PROVISIONS
SECTION VII — RULES GOVERNING LAYOFF, REDUCTION IN LIEU OF LAYOFF AND
RE-EMPLOYMENT
The following procedures shall not apply to Department Heads and the Assistant City
Administrator.
A. Part 'I - Layoff Procedures
1. General Provisions:
a.) Whenever it is necessary because of lack of work or funds to reduce the
staff of a City department, employees may be laid off pursuant to these
rules.
b. Whenever an employee is to be separated from the competitive service
because the tasks assigned are to be eliminated or substantial) changed
g Y g
due to management-initiated changes, including but not limited to
automation or other technological changes, it is the policy of the City that
steps be taken by the Human Resources Division on an interdepartmental
basis to assist such employee in locating, preparing to qualify for, and
being placed in other positions in the competitive service. This shall not
be construed as a restriction on the City government in effecting
economies or in making organizational or other changes to increase
efficiency.
c. A department shall reduce staff by identifying which positions within the
department are to be eliminated.
d. . The employee who has the least City-wide service credit in the class
within the department shall have City-wide transfer rights in the class
pursuant to Part 1., Section 3., Transfer or Reduction to Vacancies in Lieu
of Layoffs, or within the occupational series pursuant to Part 2, Bumping
Rights.
e. If a deadline within this procedure falls on a day the City Hall is closed,
the deadline shall be the next day City Hall is open.
2. Service Credit:
a. Service credit means total time of full-time continuous service within the
City at the time the layoff is initiated, including probation, paid leave or
military leave. Permanent part-time employees earn service credit on a
pro rata basis.
b. Except as required by law, leaves of absence without pay shall not earn
service credit.
01-02 NA MOU Final 15 1/8/02 2:06 PM
EXHIBIT A
Res.No.2002-1
NON-ASSOCIATED EMPLOYEES
BENEFIT PROVISIONS
c. As between two or more employees who have the same amount of
service credit, the employee who has the least amount of service in class
shall be deemed to be the least senior employee.
3. Transfer or Reduction to Vacancies in Lieu of Layoff:
a. In lieu of layoff, a transfer within class shall be offered to an employee(s)
with the least amount of service credit in the class designated for staff
reduction within a department subject to the following:
1) The employee has the necessary qualifications to perform the duties
of the position.
2) The employee shall be given the opportunity, in order of service
credit, to accept a transfer to a vacant position in the same class
within the City, provided the employee has the necessary
qualifications to perform the duties of the position.
3) If no position in the same class is vacant, the employee shall be
given the opportunity, in order of service credit, to transfer to the
position in the same class that is held by an incumbent in another
department with the least amount of service credit whose position
the employee has the necessary qualifications to perform.
a) If an employee(s) is not eligible for transfer within the
employee's class, the employee shall be offered, in order of
service credit, a reduction to a vacant position in the next lower
class within the City in the occupational series in lieu of layoff
provided the employee has the necessary qualifications to
perform the duties of the position.
b) If the employee refuses to accept a transfer or reduction
pursuant to A. or B., above, the employee shall be laid off.
c) If the employee(s) in the class with the least amount of service
credit is in the position(s) to be eliminated or displaced by
transfer, the employee shall be offered bumping rights, pursuant
to Part 2.
d) Any employee who takes a reduction to a position in a lower
class within the occupational series in lieu of layoff shall be
placed on the reinstatement/reemployment list(s) pursuant to
Part 3., Reemployment.
01-02 NA MOU Final 16 1/$/02 2:06 PM
EXHIBIT A Res.No.2002-1
NON-ASSOCIATED EMPLOYEES
BENEFIT PROVISIONS
4. Order of Layoff:
a. Prior to implementing a layoff, vacant positions that are authorized to be
filled shall be identified by citywide occupational series. If the employee
refuses to accept a position pursuant to Section 3., above, the employee
shall be laid off.
b. No promotional probationary employee or permanent employee within a
class in the department shall be laid off until all temporary, non-permanent
part-time and non-promotional probationary employees in the class are
laid off. Permanent employees whose positions have been eliminated
may exercise citywide bumping rights to a lower class in the occupational
series pursuant to Part 2.
c. When a position in a class andlor occupational series is eliminated, any
employee in the class who is on authorized leave of absence or is holding
a temporary acting position in another class shall be included for
determining order of service credit and be subject to these layoff
procedures as if the employee was in his or her permanent position.
5. Notification of Employees:
a. The Human Resources Division shall give written notice of layoff to the
employee by personal service or by sending it by certified mail to the last
known mailing address at least fifteen (1 b) days prior to the effective date
of the layoff. Normally notices will be served on employees personally at
work.
b. . Layoff notices may be initially issued to all employees who may be subject
to layoff as a result of employees exercising voluntary reduction/bumping
rights.
c. The notice of layoff shall include the reason for the layoff, the effective
date of the layoff, the employee's hire date and the employee's service
credit ranking. The notice shall also include the employee's right to bump
the person in a lower class with the least service credit within the
occupational series provided the employee possesses the necessary
qualifications to successfully perform the duties in the lower class and the
employee has more service credit than the incumbent in the lower class.
d. The written layoff notice given to an employee shall include notice that he
or she has seven (7) calendar days from the date of personal service, or
date of delivery of mail if certified, to notify the Human Resources Officer
in writing if the employee intends to exercise the employee's bumping
rights, if any, pursuant to Part 2., Bumping Rights.
01-02 NA MQU Final 17 118102 2:06 PM
EXHIBIT A Res.No.2002-1
NON-ASSOCIATED EMPLOYEES
BENEFIT PROVISIONS
e. Whenever practicable, any employee with the least amount of service
credit in a lower class within an occupational series which is identified for
work force reduction shall also be given written notice that such employee
may be bumped pursuant to Part 2. This notice shall include the items
referred to in 3., above.
f. If an employee disagrees with the City's computation of service credit or
listed date of hire, the employee shall notify the Human Resources Officer
as soon as possible but in no case later than five (5) calendar days after
the personal service or certified mail delivery. Disputes regarding date of
hire or service credit shall be jointly reviewed by the Human Resources
Officer and the employee and/or the employee's representative as soon
as possible, but in no case later than five (5) calendar days from the date
the employee notifies the Human Resources Officer of the dispute. Within
five (5) calendar days after the dispute is reviewed, the employee shall be
notified in writing of the decision.
B. Part 2 - Bumping Rights
1. Volunta Reduction or Bumping in Lieu of Layoff:
a. A promotional probationary employee or permanent employee who
receives a layoff notice may request a reduction to a position in a lower
class within the occupational series provided the employee possesses the
necessary qualifications to perform the duties of the position.
b. Employees electing reduction under A. above, shall be reduced to a
position authorized to be filled in a lower class within the employee's
occupational series. The employee may reduce to a lower class in his/her
occupational series by 1) filling a vacancy in that class, or 2) if no vacancy
exists, displacing the employee in the class with the least service credit,
whose position the employee has the necessary qualifications to perform.
A displaced employee shall have bumping rights.
c. An employee who receives a layoff notice must exercise bumping rights
within seven (7) calendar days of receipt of the notice as specified in
Part 1. Failure to respond within the time limit shall result in a reputable
presumption that the employee does not intend to exercise any right of
reduction or bumping to a lower class. The employee must carry the
burden of proof to show that the employee's failure to respond within the
time limits was reasonable. If the employee establishes that failure to
respond within the time limit was reasonable, to the Human Resources
Officer's satisfaction, the employee shall be permitted to exercise
bumping rights but shall not 'be reinstated to a paid position until the
employee to be bumped has vacated the position. If the employee
disagrees with the Human Resources Officer's decision, the employee
may appeal pursuant to the provisions of Sections 3 and 4 below.
01-02 NA MOU Final 18 1/8/02 2:06 PM
EXHIBIT A Res.No.2002-1
NON-ASSOCIATED EMPLOYEES
BENEFIT PROVISIONS
2. Reinstatement/Reemployment Lists
Any employee who takes a reduction to a position in a lower class within the
occupational series in lieu of layoff shall be placed on the
reinstatement/reemployment list pursuant to Part 3. Reemployment
3. Qualifications Appeal
Any employee who is denied a reduction to a position in a lower class within
the occupational series on the basis that the employee does not possess the
necessary qualifications to successfully perform the duties of the lower
position may appeal the decision. The appeal shall be filed with the Human
Resources Officer within five (5) calendar days of the employee's receipt of
written notice of the decision and reason(s) for denial. The employee's
appeal shall be in writing and shall include supporting facts or documents
supporting the appeal
4. Qualifications Appeal Hearing:
a. Upon receipt of an appeal, the Human Resources Officer shall contact a
mediator from the California State Mediation and Conciliation Service to
schedule a hearing within two (2) weeks after receipt of the appeal. If the
California State Mediation and Conciliation Service is not available within
that time frame, the parties shall mutually select a person who is available
within the time frame. If the California State Mediation and Conciliation
Service and the person mutually selected are not available within the time
frame, the parties shall select the earliest date either is available to
conduct the hearing. The parties shall split the cost, if any, of the hearing
officer. In addition, the parties shall meet within three (3) workdays to
attempt to resolve the dispute. If the dispute remains unresolved, the
parties shall endeavor in good faith to submit to the Dearing officer a
statement of all agreed upon facts relevant to the hearing.
b. Appeal hearings shall be limited to two (2) hours, except as otherwise
agreed by the parties or directed by the hearing officer.
c. The hearing officer shall attempt to resolve the dispute by mutual
agreement if possible. If no agreement is reached, the hearing officer
shall render a decision at the conclusion of the hearing which shall be
final and binding.
C. Part 3 - Reemployment
1. Reemployment:
a. Employees who are laid off or reduced to avoid layoff shall have their
names placed upon a reemployment list, for each class in the
01-02 NA MQU Final 19 118102 2:06 PM
EXHIBIT A Res.No.2002-1
NON-ASSOCIATED EMPLOYEES
BENEFIT PROVISIONS
occupational series, in seniority order at or below the level of the class
from which laid off or reduced.
b. Names of persons placed on the reemployment lists shall remain on the
list for two (2) years from the date of layoff or reduction.
c. Vacancies shall be filled from the reemployment list for a class, starting at
the top of the list, providing that the person meets the necessary
qualifications for the position.
d. Names of persons are to be removed from the reemployment list for a
class if on two (2) occasions they decline an offer of employment or on
two (2) occasions fail to respond to offers of employment in a particular
class within five (b) calendar days of receipt of written notice of an offer.
Any employee who is dismissed from the City service for cause shall have
his or her name removed from all reemployment lists.
e. Reemployment lists shall be available affected employees upon
reasonable request.
f. Qualifications appeals involving reemployment rights shall be resolved in
the same manner as that identified in Part 2., Section 4.
2. Status on Reemployment:
a. Persons re-employed from layoff within a two (2) year period from the
date of layoff shall receive the following considerations and benefits:
1) Service credit held upon layoff shall be restored, but no credit shall
be added for the period of layoff.
2) Prior service credit shall be counted toward sick leave and vacation
accruals.
3) Employees may cash in sick leave upon layoff or at any time after
layoff in the manner and amount set forth in existing Non-Associated
Employees Benefit Provision. Sick leave shall be paid to an
employee when the reemployment list(s) expire(s), if not previously
paid.
4) Upon reinstatement the employee may have his or her sick leave re-
credited by repayment to the City the cashed amount.. Sick leave
accumulation of less than 480 hours shall be restored upon
reemployment.
01-02 NA MOU Final 20 118102 2:06 PM
EXHIBIT A
Res.No.2002-1
NON ASSOCIATED EMPLOYEES
BENEFIT PROVISIONS
5) The employee shall be returned to the salary step of the
classification held at the time of the layoff and credited with the time
previously served at.that step prior to being laid off.
6) The probationary status of the employee shall resume if incomplete.
b.) Employees who have reduced to avoid layoff and are returned within two
(2) years to their former class shall be placed at the salary step of the
class they held at the time of reduction and have their merit increase
eligibility date recalculated
01-02 NA MOU Final 21 1/8/02 2:06 PM
Res.No.2002-1
EXHIBIT B - NON-ASSOCIATED SALARY SCHEDULE
Job Type Description Pay Grade A B C D E
0279 Personnel Assistant 408 16.68 17.60 18.57 19.59 20.67
0278 Admin Assistant 436 19.19 20.25 21.36 22.53 23.77
0061 Executive Assistant 464 22.06 23.27 24.55 25.90 27.32
0005 Admin Analyst 491 25.24 26.63 1 28.09 29.63 31.26
0063 Admin Analyst, Sr 519 . 29.03 30.63 32.31 34.09 35.96
0064 Budget Analyst, Sr 519 29.03 30.63 32.31 34.09 35.96
0060 Personnel Analyst Principal 524 29.75 31.39 33.12 34.94 36.86
0062 Admin Analyst, Principal 538 31.91 1 33.67 35.52 37.47 39.53
0004 Director of Comm&Spec Proj 586 40.55 42.78 45.13 47.61 50.23
0012 Director of Org Effectiveness 586 40.55 42.78 45.13 47.61 50.23
0006 Human Resources Officer 587 40.76 43.00 45.36 47.85 50.48
0007 Director of Library Services 605 44.56 47.01 49.60 52.33 55.21
0009 Director of Building & Safety 616 47.09 49.68 52.41 55.29 58.33
0008 Director of Econ Development 623 48.76 51.44 54.27 57.25 60.40
0013 Director of Admin Services 623 48.76 1 51.44 54.27 57.25 60.40
0014 Director of Community Services 623 48.76 51.44 54.27 57.25 60.40
0021 Director of Planning 623 48.76 51.44 54.27 57.25 60.40
0010 Director of Public Works 639 52.82 55.72 58.78 62.01 65.42
0015 Fire Chief/IS Director 647 54.97 57.99 61.18 64.54 68.09
0011 Police Chief 647 54.97 57.99 61.18 64.54 1 68.09
0020 Assistant City Administrator 1 652 56.35 59.45 1 62.72 1 66.17 69.81
01-02 NA MOU Final 22 118/02 2:06 PM
Res.No.2002-1
EXHIBIT C - RETIREE MEDICAL PLAN
INDEMNITY HEALTH PLAN, EMPLOYEESIRETIREES
This summary lists only those benefit provisions that differ between active and subsidized Retiree Plans. The
Employee Health Plan Document should be consulted for detailed questions about specific benefits. Benefits are
subject to modification through the meet and confer process.
YEAR 2002
Benefits City Plan - Employees City Plan - Subsidized
Non-Subsidized Retirees Retirees
COBRA-eligibles
Deductible per person $200 $200
Deductible per family $500 $500
Maximum Out of Pocket $1000 per person $1500 per person
$2000 per family $3000 per family
YEAR 2002
Coinsurance PPO 90% of UCR 90% of UCR
Non-PPO 50% of UCR 50% of UCR
Maximum Out of Pocket $1000 per person $1,000 per person
$2000 per family $2,000 per family
Note: Retirees who elect to participate in Health Net shall be entitled to benefits of the program
chosen.
This summary has been used to list only those benefit provisions that differ between active and
subsidized Retiree Plans. Currently, there are no differences, however, this exhibit is not
intended to require that future changes to active employee benefits be applied to retirees as
well. The Employee Health Plan Document should be consulted for detailed questions about
specific benefits. Benefits are subject to modification through the meet and confer process.
01-02 NA MOU Fina! 23 1/8/02 2:06 PM
EXHIBIT C Res.No.2002-1
RETIREE MEDICAL PLAN
RETIREE SUBSIDY MEDICAL PLANIMISCELLANEOUS PROVISIONS
A. Eligibility.:
1. The effective start-up date of the Retiree Subsidy Medical Plan for the
various employee groups shall be the first of the month following
retirement date.
2. A retiree may change plans, add dependents, etc., during annual open
enrollment. Employee Benefits 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 service with the City of Huntington Beach.
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 his/her spouse must take that
coverage regardless of benefit level and shall be deleted from any City
Plan coverage. Exceptions to this requirement are limited to the
following:
a. A retiree is not required to enroll in such "other" medical plan
coverage if there is significant disparity between the benefits
provided by the "other" medical plan and the Retiree Subsidy
Medical 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 $1,500 or greater per person.
4) Major medical benefits are paid at 60% or less of covered
expenses.
b. The Risk Manager will have the authority to provide additional
exceptions fallowing review of the "other" medical plan policy.
Exceptions will be made only if the "other" medical plan benefit
provisions are comparable to the guidelines under B above.
01-02 NA MO Final 24 1/8/02 2:06 PM
EXHIBIT C Res.No.2002-1
RETIREE MEDICAL PLAN
c. Miscellaneous Provisions:
1. Benefits provided under the Retiree Subsidy Medical
Plan will be coordinated with the "other" medical plan as
the primary carrier.
2. The City shall have the right to rewire any retiree to
provide a copy of the "other" medical plan policy for
review by the Risk Manager.
5. When a retiree becomes eligible for the other group coverage and then
becomes no longer eligible, he/she may have the subsidy reinstated
and regain Retiree Subsidy Medical Plan coverage.
6. Dependents of a retiree 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 his/her spouse is over 65, the spouse
is not covered.
B. Benefits:
1. Retiree Subsidy Medical Plan includes Managed Health Network
(MHN), Prescription Card System (PCS), Orange County Foundation
for Medical Care and Medical Stop Loss insurance.
2. City Plans are the primary payer for active employees age 65 and
over, with Medicare the secondary payer. Retirees age 65 and over
have no City Plan options and are eligible only for Medicare.
3. Premium payments are to be received at least one month in advance
of the coverage period.
C. Subsidies:
1. The subsidy payments will pay for:
a. Retiree Subsidy Medical Plan.
b. Health Net.
c. Part A of Medicare for those retirees not eligible for paid Part A.
01-02 NA MOU Final 25 118102 2:06 PM
EXHIBIT C Res. No.2002-1
RETIREE MEDICAL PLAN
2. Subsidy payments will not pay for:
a. Part B Medicare.
b. Regular City Employee Indemnity Plan.
c. Any other employee benefit plan.
d. Any other commercially available benefit plan.
e. Medicare supplements.
D. 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, the
participant pays for Part B of Medicare.
2. When a retiree and his/her 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
his/her 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 his/her 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.
E. 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. If such retiree was covering dependents under
the Plan, dependents will be eligible for COBRA continuation
benefits effective as of the retiree's 65th birthday.
b. Dependent coverage will be eliminated upon whichever of the
following occasions comes first:
1) After 36 months of COBRA continuation coverage, or
01-02 NA MOU Final 26 118102 2:06 PM
EXHIBIT C Res.No.2002-1
RETIREE MEDICAL PLAN
2) When the covered dependent reaches age 65 in the
event such dependent reaches age 65 prior to the retiree
reaching age 65.
c. 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 Retiree Subsidy
Medical Plan will be eliminated.
2. See provisions under "Benefits", "Subsidies", and "Medicare" for those
retirees/dependents not eligible for paid Part A of Medicare.
3. Retiree Subsidy Medical Plan and COBRA participants shall be notified
of non-payment of premium by means of a certified letter from
Employee Benefits in accordance with provisions of the Non-
Associated Employees Benefit Resolution.
4. 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.
01-02 NA MOU Final 27 118102 2:06 PM
Res. No. 2002-1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing resolution was
passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at a regular meeting thereof held on the 7th
day of January, 2002 by the following vote:
AYES: Dettloff, Bauer, Cook, Green, Boardman
NOES: None
ABSENT: Houchen
ABSTAIN: None
C�Jr-XI.C. �u
City Clerk and ex-officio C erk of the
City Council of the City of
Huntington Beach, California