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SCOTT M. HESS, DIRECTOR OF PLANNING - 2007-04-02
PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) am a Citizen of the United States and a cirroF resident of the County aforesaid; I am HUNnNGTONBEACH UGAt Nond. over the age of eighteen years, and not a ORDINANCE NO.3855 „ art to or interested in the below entitled Adopted n iI'a� party I' JANUARY'19,2010 matter. I am a clerk of the "AN ORDINANCE OF THE principal CITY OF.:HUNTINGTON HUNTINGTON BEACH INDEPENDENT BEACH DELETING CHAP- TER TER 2.32 OF THE HUN- TINGTON BEACH MUNICI a newspaper of general circulation, PAL O DCHAAND- AMEND printed and published In the City of 2.33 OF THE HUNTING TON BEACH -MUNICIPAL Huntington Beach County of Orange CODE RELATING TO THE > > BUILDING,'-AND '-PLAN- State of California, and that attached NINGDEPARTMENTS" SYNOPSIS: THE CITY COUNCIL" Notice is a true and complete copy as ADOPTED'THIS 'ORDI- NANCE WHICH AMENDS was printed and published in the THE HUNTINGTON BEACH-MUNICIPAL CODE Huntington Beach issue of Said BY ELIMINATING. THE iBUILDING AND SAFETY newspaper to wit the Issue(s) of. •DEPARTMENT AND COM iBINING THOSE -FUNC- TIONS WITH THE PLAN- NING .DEPARTMENT' ,CREATING ANEW_PLAN- NING AND BUILDING DE- IPARTMENT. ASSEJanuary 28, 2010 by'the AN ADOPTED Ci Council 'of :the,the'City' of Huntington °Beach at a regular meet- ing held January 19, 2010 by the-following roll call vote: AYES: Carchio, Hardy, Green, Bohr, Dwyer, Hansen NOES:None ABSTAIN:None ABSoerper I declare under penalty of perjury, that THE FULL TEXT THE FULL TEXT OF THE ' > > ORDINANCE IS AVAIL-',ABLE IN the foregoing is true and correct. CLERK'S OFFICE.E ,CITY This ordinance Is effec- tive 30 days after. adoption. Executed on February 3, 2010, 1 HUNTING N4TREET EACH 2000Mat Costa Mesa, California. HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN L.FLYNN, CITY CLERK Published Huntington Beach Independent Jan-' Signature uary28,2010 014.312 Council/Agency Meeting Held: 1A1,Aj_1AW9 Deferred/Continued to: P/—&-Z') / /9 D/d 4 ppro �nditi ignatu m� l p Council Meeting Date: 12/21/09 Department ID Number: AD 09-028 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU L MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIST PREPARED BY: BOB HALL, DEPUTY CITY ADMINIS ATO SUBJECT: AMENDMENT TO HUNTINGTON BEACH MUNICIPAL CODE ELIMINATING THE POSITION OF DIRECTOR OF BUILDING AND SAFETY AND COMBINING THOSE DUTIES AND RESPONSIBILITIES WITH THE DUTIES OF THE DIRECTOR OF PLANNING CREATING THE PLANNING AND BUILDING DEPARTMENT. Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The City Council is asked to amend the existing Huntington Beach Municipal Code by adopting an ordinance eliminating the Building and Safety Department and combining those functions with the Planning Department creating a new Planning and Building Department. The City Council is also requested to authorize the City Administrator to execute Amendment No. 1 to the Employment Agreement between the City of Huntington Beach and Scott Hess. Funding Source: It is estimated that the elimination of -the position of the Director of Building & Safety will result in an annual savings of$210,000. Recommended action 1. Approve Ordinance No. 3855 of the City of Huntington Beach Deleting Chapter 2.32 of the Huntington Beach Municipal Code and Amending Chapter 2.33 of the Huntington Beach Municipal Code Relating to the Building and Planning Departments 2. Approve and authorize the City Administrator to execute amendment No.1 to the Employment Agreement between the City of Huntington Beach and Scott Hess. 3. Approve the Class Specification for the position of Director of Planning and Building. REQUEST FOR ACTION MEETING DATE: 12/21/09 DEPARTMENT ID NUMBER:AD 09-028 Alternative Action(s): 1. Do not approve the consolidation the departments of Building and Safety and Planning and the corresponding Ordinance changes. Analysis: On December 30, 2009, the current Director of Building and Safety is scheduled to retire. Staff has evaluated two methods to fill the vacant duties. First, the City could initiate a recruitment to fill the Director of Building and Safety position. The other option is to combine the Building and Safety Department with the Planning Department creating one department under one department head. Staff has analyzed the current workload and fiscal condition of the City and has determined that the best option at this time is to consolidate these departments and their functions. The City of Huntington Beach Municipal Code (HBMC) outlines the responsibilities of the Building and Safety and Planning departments making it necessary to amend the existing Municipal Code. The duties and responsibilities of the Director of Building and Safety will be added to the Director of Planning's duties creating a new position of Director of Planning and Building (Attachment 4). Staff surveyed other comparable agencies with positions similar to that of Director of Planning and Building. It has been determined that by combining these duties and responsibilities, a salary adjustment is warranted and will be done through a separate amendment to the Non-Associated Resolution. It will also be necessary to amend the employment agreement between City of Huntington Beach and Scott Hess. Strategic Plan Goal: Maintain and Enhance our Financial Reserves Environmental Status: N/A Attachmment(s): Citycicsflklt 1. An Ordinance of the City of Huntington Beach Deleting Chapter 2.32 of the Huntington Beach Municipal Code and Amending Chapter 2.33 of the Huntington Beach Municipal Code Relating to the Building and Planning Departments. 2. Amendment No.1 To Employment Agreement Between the City of Huntington Beach and Scott Hess. 3. Legislative Draft 4. Class Specification -3- 12/9/2009 10:20 AM ATTACHMENT #''l ORDINANCE NO. 3855 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH DELETING CHAPTER 2.32 OF THE HUNTINGTON BEACH MUNICIPAL CODE AND AMENDING CHAPTER 2.33 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE BUILDING AND PLANNING DEPARTMENTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 2.32 of the Huntington Beach Municipal Code is hereby deleted in its entirety. SECTION 2. Chapter 2.33 of the Huntington Beach Municipal Code is hereby amended by amending the following sections: 2.33.010 Department established. There is hereby created the Department of Planning and Building of the City of Huntington Beach. (3550-5/02) 2.33.020 Director--Appointment. The Director of Planning and Building shall be the head of the department and such Director shall be appointed by the City Administrator, subject to approval by a majority vote of the full City Council. (3550-5/02) 2.33.030 Department Objectives. The objectives of the Department shall be as follows: (3550- 5/02) (a) Provide long-range data analysis and comprehensive planning, including statistical research, neighborhood planning and analysis, special projects, and methods of implementing plans and programs; (3550-5/02) (b) Administer ongoing and continuing planning and zoning functions, including administration of zoning and subdivision ordinances; (3550-5/02) (c) Provide services to developers and investors to assist in facilitating development or to encourage new development in accordance with policies of the City Council; (3550-5/02) (d) Administer and enforce laws, ordinances, regulations and programs related to housing, zoning and property maintenance; (3550-5/02) (e) Provide staff services and support to the Planning Commission,Zoning Administrator, Design Review Board, Environmental Board, Subdivision Committee, Environmental Assessment Committee, and other committees, subcommittees, boards and commissions pertaining to planning; and (3550-5/02) (f) Administer and enforce state and local construction regulations to protect the health and safety of the community. (3548-5/02) (g) Utilize automation to improve the access to information and services. (3548-5/02) (h) Provide plan review and inspection services in a professional, flexible and equitable manner. (3548-5/02) 09-2332/41379 1 Ordinance No. 3855 (i) Perform such other related duties as shall be required by law, ordinance or the City Administrator. (3550-5/02) 2.33.040 Director--Powers and duties. (a) The Director of Planning and Building shall be responsible for the administration and enforcement of appropriate sections of Titles 8, 15 and 17 of the Huntington Beach Municipal Code,the City of Huntington Beach Zoning and Subdivision Ordinance, and California Labor Code Section 6404.5 (smoking in closed places of employment). (3550- 5J02) (b) In addition to the foregoing,the Director of Planning and Building shall perform other acts or duties, not inconsistent with the City Charter, as may be required by the City Council or the laws of the state of California. (3550-5/02) (c) Whenever in this code, the Huntington Beach, Zoning and Subdivision Ordinance or any resolution, adopted by the City Council, reference is made to the Department of Planning or the Director of such department, such references shall mean the Department of Planning and Building and the Director of Planning and Building. (3550-5/02) (d) Whenever in this code, the Zoning and Subdivision Ordinance of the City of Huntington Beach, or any resolution, adopted by the City Council,reference is made to the Department of Building& Safety and/or the Director of such department, such references shall mean the Department of Planning and Building and the Director of Planning and Building. (3548-5/02) 2.33.050 Appointment of Subordinates. The Director, with the approval of the City Administrator, shall appoint all other officers, assistants, deputies and employees of the Department of Planning and Building. (3550-5/02) SECTION 3. All other provisions of Chapter 2.33 not amended herein shall remain in full force and effect. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of January , 2010 ATTEST: INI P R City Clerk REV*' ND APPROVED: D Ptfydministratorirector of H an Resources APPROVED AS TO FORM: /T) Ci y Attorney UL1 hblbri 09-2332/41379 2 Ord. No. 3855 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on December 21,2009, and was again read to said City Council at a regular meeting thereof held on January 19,2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: Coerper ABSTAIN: None I,Joan L.Flynn,CITY CLFRK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on January 28,2010, In accordance with the City Charter of said City Joan L. Flynn,City Clerk Wy Clerk and ex-offici Jerk Senior Deputy city Clerk of the City Council of the City of Huntington Beach, California AT TACHMENT #2 AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SCOTT HESS THIS AMENDMENT is made and entered into this 9�`day of J_-r- Gc�LL/ , 20JO by and between the City Of Huntington Beach, a California municipal corporation, hereinafter referred to as "City", and Scott Hess, hereinafter referred to as "Hess." WITNESSETH City and Hess are parties to that certain agreement, dated April 2, 2007, entitled "Employment Agreement Between the City of Huntington Beach and Scott Hess" which agreement shall hereinafter be referred to as the "Original Agreement," and Since the execution of the Original Agreement, City has combined the operations of the Planning Department and the Building & Safety Department into one department designated as the Planning and Building Department; and The Planning and Building Department will have one department head designated as the Director of Planning and Building Department; and City and Hess wish to amend the Original Agreement to secure the services of Hess as the Director of Planning and Building Department, NOW, THEREFORE, it is agreed by City and Hess as follows: 1. Section 1, DUTIES is hereby amended to read as follows: SECTION 1. DUTIES. City agrees to employ Hess as Director of Planning and Building of the City to perform the functions and duties of that office as set forth in the Municipal Code of the City of Huntington Beach and the City Charter, and to perform other legally permissible duties and functions as the City Administrator shall from time to time assign. Hess shall devote his full attention and effort to the office and perform the mentioned duties and functions in a professional manner. 09-2430/41591 1 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its City Administrator, and Hess has signed and executed this Agreement, both in duplicate,the day and year first above written. CITY: HESS: i4A i dministrator APPROVED,AS TO FORM: 16i�--City Attorney 09-2430/41591 2 ATTACHMENT #3 ORDINANCE NO. 3855 LEGISLATIVE DRAFT Chapter-2.32 PARTAIENT OF BUILDING AND-SAFFAW (652 11/66, 1314 3/73,2217 10/77,2330-V79,3222 1/94,3392 5r98, 36485/02) 2.030 Ovjeeti v es 2.32.040—Difeeter- gewef and Duties v Appointment-v^ro uvvrcrrrrcccc J 7 2'1 010 Al......rtment established. There isT efeby eate a the rev,,.,.•+, ent of'Building .,n .,ote f the f;.11 City GetH a(652 11/56, 191—�14 3/73,2 30 1/79,228 1/94, 3-�&022) safiaty of the eemmuflity. 3z543-5/8 (b) Utilize atAomation to i i pfevethe aeeesste infeftrmci^viri and ser-vieeS: (e) Pfevide plan review and inspeetion sefviees in a pr-ofessiaiial, flexible and equitable Manfiff -E3548-5/e2) (d) Per-fofm stteh other-felated duties as shall be r-eqttir-ed by law, efdinanee of the Ci Adminis4ate�—�3<54� 2.32.04 eeter- Powers and Duties, (a) The Dir-eetor-of Building & Safiaty shall be responsible faf the administfatieft enfefeement of appropriate seetions of Title 17 of the Huntington Beaeh Munieipal Code. (3543 5/92) dtAies, not ineensistent with the City Ghafter-, as may be r-eEttfifed by the City CE)tffieil of the laws of the of Cyr€er a. (3549 5/92) (e) Whenever-in this eode, the Hu-PAington Beaeh Ofdinanee Code, or any f!esaitttion, adopt by the City Getineil, r-efefenee is made to the Depaftment of Building& Safiat-y anEVer-the Sa€et and the Difeeter-of Building &Sa a€ —km4a-5/e23 2.32.050 Appointment-aSubordinates. The difeeter-, with the the Eity > > I.— Depaftffiei4 of Building& Safiety.-F3543 6/923 09-2332/41378 1 KEY INSERTIONS: Double underline DELETIONS Stfikedreugk ORDINANCE NO. 3855 LEGISLATIVE DRAFT Chapter 2.33 DEPARTMENT OF PLANNING AND BUILDING (3550-5/02) Sections: 2.33.010 Department Established 2.33.020 Director--Appointment 2.33.030 Department Objectives 2.33.040 Director--Powers and duties 2.33.050 Appointment of Subordinates 2.33.010 Department established. There is hereby created the Department of Plan tin and Buildin of the City of Huntington Beach. (3550-5/02) 2.33.020 Director--Appointment. The Director of PlanningPlannin and Buildin shall be the head of the department and such Director shall be appointed by the City Administrator, subject to approval by a majority vote of the full City Council. (3550-5102) 2.33.030 Department Objectives. The objectives of the Department shall be as follows: (3550-5/02) (a) Provide long-range data analysis and comprehensive planning, including statistical research,neighborhood planning and analysis, special projects, and methods of implementing plans and programs; (3550-5/02) (b) Administer ongoing and continuing planning and zoning functions, including administration of zoning and subdivision ordinances; (3550-5/02) (c) Provide services to developers and investors to assist in facilitating development or to encourage new development in accordance with policies of the City Council; (3550-5/02) (d) Administer and enforce laws, ordinances, regulations and programs related to housing, zoning and property maintenance; (3550-5/02) (e) Provide staff services and support to the Planning Commission, Zoning Administrator, Design Review Board,Environmental Board, Subdivision Committee, Environmental Assessment Committee, and other committees, subcommittees, boards and commissions pertaining to planning; and (3550-5/02) (fl Administer and enforce state and local construction regulations to protect the health and safety of the community. (3548-5ro21 (g) Utilize automation to improve the access to information and services. (3548- / 2 (h) Provide plan review and inspection services in a professional, flexible and equitable manner. (3548-5/021 09-2332/41368 1 KEY INSERTIONS: Double underline DELETIONS Stfikethfoulgh Perform such other related duties as shall be required by law, ordinance or the City Administrator. (3550-5/02) 2.33.040 Director--Powers and duties. (a) The Director of Planning=Phannin and Buildin shall be responsible for the administration and enforcement of appropriate sections of Titles 8, 15 and 17 of the Huntington Beach Municipal Code, the City of Huntington Beach Zoning and Subdivision Ordinance, and California Labor Code Section 6404.5 (smoking in closed places of employment). (3550-5/02) (b) In addition to the foregoing, the Director of Plafin4igPlannin and Buildin shall perform other acts or duties, not inconsistent with the City Charter, as may be required by the City Council or the laws of the state of California. (3550-5/02) (c) Whenever in this code, the Huntington Beach, Zoning and Subdivision Ordinance or any resolution, adopted by the City Council, reference is made to the Department of Planning or the Director of such department, such references shall mean the Department of Plannin and Buildin and the Director of PlanniftgPLanning and Building. (3550-5/02) d) Whenever in this code, the Zoning and Subdivision Ordinance of the Citv of Huntington Beach. or an resolution, adopted by the City Council, reference is made to the Department of Building& Safety and/or the Director of such department such references shall mean the Department of Planning and Building and the Director of Planning and Building. (3548-5/02) 2.33.050 Appointment of Subordinates. The Director, with the approval of the City Administrator, shall appoint all other officers, assistants, deputies and employees of the Department of PlaaningNannin and Buildin . (3550-5102) 09-2332/41368 2 y «.. -z- -�. -�-= - \ «- > =a.. . y Sur TU lhJ CITY OF HUN7'INGTON BEACH i l �► „apt h'm CLA�.7 SP ECIFICATIO�I ,. -Huntin �Beacho TITLE: DIRECTOR OF PLANNING AND BUILDING PERSONNEL COMMISSION APPROVAL: COUNCIL APPROVAL: JOB CODE: EMPLOYMENT STATUS: REGULAR FULL-TIME UNIT REPRESENTATION: NON-ASSOCIATED FLEA STATUS: EXEMPT JOB SUMMARY To direct and oversee the City's planning and building department including the activities of advance planning and zoning, code enforcement, permit and plan checking, and building inspection services. DISTINGUISHING CHARACTERISTICS This is a department head position and is designated as "at will" which excludes it from the competitive service of the City and the City's Classification Plan. EXAMPLES OF ESSENTIAL DUTIES • Plans, assigns, controls and supervises the operations of the department in providing long-range data analysis and comprehensive planning, including statistical research, neighborhood planning and analysis, special projects, and methods of implementing plans and programs • Directs the enforcement of state and local construction regulations to protect the health and safety of the community • Administers and enforces laws, ordinances, regulations and programs related to housing, zoning and property maintenance • Oversees the development and implementation of strategic plans for long-range planning activities • Serves as advisor to the City Council, City Administrator, and appointed boards, commissions, administrative committees and citizen committees on planning, zoning enforcement and economic development matters • Establishes and maintains liaison with various federal, state and county offices on development matters such as coastal, environment and general planning development; designs, prepares and recommends appropriate codes and ordinances relating to General Plan, land use and other community development Page 1 of 4 d { _ S ti �`- CITY OFj'.I uNTI GTON B "A , H U 1171 /+ �+�p ®/^�-NM � r n CLASS SPECIFICATI®{�I ss Huntlnn�lBeacho V TITLE: DIRECTOR OF PLANNING AND BUILDING matters • Directs project development and implementation; oversees contract development and administration • Interacts with various City departments, contractors and agencies regarding major projects and programs • Performs and delegates authority to managers and supervisors to engage in employment activities related to hiring, promotion, transfer, training, discipline, and termination; evaluates employee performance and administers performance reviews • Develops, administers, and controls departmental budget • Prepares and reviews requests for council action, studies, contracts and correspondence • Participates as a team member of the development services group, which represents the Public Works, Planning and Building, and Economic Development departments • Participates as a member of the executive team of the City • Provides advice and technical assistance to the City Administrator, as required, on building and planning matters The preceding duties have been provided as examples of the essential types of work performed by positions within this job classification. The City, at its discretion, may add, modify, change or rescind work assignments as needed. KNOWLEDGE, SKILLS AND ABILITIES: Knowledge of: • Principles and practices of municipal planning zoning • Organization management and development • Staff supervision and motivation • Personnel rules and regulations • Contract administration • Applied labor relations • Departmental rules and regulations • Legislation impacting current trends in municipal planning • Budget development, administration and control Page 2 of 4 rCITYOF HUNTINGTON BACK' Su ity ,. ' " Huntin on Beazh CLASS SPECIFICATION s TITLE: DIRECTOR OF PLANNING AND BUILDING • Principles and practices of quality customer service. Ability to: • Plan, organize and direct the activities of employees performing a variety of functions such as long-range planning, zoning, code enforcement, and plan checking • Develop and implement policy • Communicate in verbal and written form with the general public, elected and appointed officials, and staff at all levels of government • Administer and manage a large operating department within the framework of the City Charter, City Council, and City Administrator policies and direction, and legislation including ordinances, resolutions, rules and regulations • Perform hiring authority responsibilities • Prepare, administer, and control a budget • Write requests for Council action, correspondence, and special studies • Work as a team member • Deliver quality customer service. MINIMUM QUALIFICATIONS Any combination of education, training, and experience that would likely provide the knowledge, skills, and abilities to successfully perform in the position is qualifying. A typical combination includes: Education: Bachelor's degree from an accredited college or university with a major in Architecture, Urban Planning, Public Administration or directly related field. A Master's degree is preferred. Experience: Seven (7) years professional and managerial experience in long range policy planning and zoning, including five years (5) in a department or division head capacity with a major organization. Federal, state, county or local government experience is preferred. Certifications/License: Due to performance of field duties that require operation of a motor vehicle, a valid California Class C Driver's License and an acceptable driving record are required by time of appointment. American Institute of Certified Planners (AICP) Certification is desirable. Page 3 of 4 Ity CITY OF HUNTINGTON BEACH Hu on!Beach® CLASS SPECIFICATION �. TITLE: DIRECTOR OF PLANNING AND BUILDING PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS Work is performed in a general office environment and may involve extended periods of time at a computer keyboard or work station. Requires sitting for prolonged periods of time; standing and walking to retrieve work files or to other departments or office locations; leaning, bending and stooping to perform work behind a desk or to retrieve information; pushing, turning or twisting to move chair or body from desk; reaching to place or retrieve files or open drawers or cabinets; light grasping to hold a writing instrument or documents; firm grasping as needed to lift and carry work files or operate office equipment finger dexterity to type on a computer keyboard; and hearing and speaking to answer the telephone or answer questions of co-workers, subordinates, or the general public. Also requires the ability to operate, maneuver, and/or control the actions of equipment, machinery, tools, and/materials used in performing essential functions such as computer keyboards, calculators, copiers, and other office equipment. Tasks involve the ability to exert light physical effort in sedentary to light work but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5 - 10 pounds). Reasonable accommodation(s) for an individual with a qualified disability will be considered on a case-by-case basis. Est.00/00/00 Page 4 of 4 RCA ROUTING SHEET INITIATING DEPARTMENT: Administration SUBJECT: Creation of Director of Building and Planning COUNCIL MEETING DATE: December21, 2009 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. Attached ElNot Applicable (Approved as to form by City Attorney) Certificates of Insurance (Approved b the CityAttorne Attached ❑ pproved y y� Not Applicable Attached ❑Fiscal Impact Statement (Unbud et, over $5,000) Not Applicable ❑ Bonds (If applicable) AttachedNot Applicable ❑ Staff Report (If applicable) AttachedNot Applicable Commission Board or Committee Re ort If a licable Attached El p ( Pp ) Not Applicable s/Conditions for Approval and/or Denial Attached Find ings/Conditions ❑ g pp Not Applicable I XPLAWATlQW FOR �lii 18WNG ATTA 'C;IG�Iiu�NTS RMEWED : RETURNED FOR A E Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF-ITEM: 5- RCA Author: Council/Agency Meeting Held: oGL7 Deferred/Continued to: Approve ❑ C nditionally Approved ❑ Denied ity CI rk' Sig tore (Z Council Meeting Date: 4/2/2007 Department ID Number: HR-07-03 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY q9UNCIL MEMBERS SUBMITTED BY: PE CLOP`EULBRETH-GRAFT, CITY ADMINISTRATOR PREPARED BY: ROBERT HALL, DEPUTY CITY ADMINSTRATO SUBJECT: APPROVAL OF EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SCOTT M. HESS AS THE DIRECTOR OF PLANNING Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: A recruitment has been completed for the position of Director of Planning. As a result, the City Administrator is recommending the appointment of Scott M. Hess to the position as required by the City Charter. Funding Source: The position of Director of Planning is a budgeted position in the Fiscal Year 2006/2007. No additional funding is required. Recommended Action: Motion to: 1. Approve the appointment of Scott M. Hess to the position of Director of Planning, and 2. Approve and authorize the City Administrator to execute the Employment Agreement between the City of Huntington Beach and Scott M. Hess for the position of Director of Planning. Altemative Action(s): Do not approve the appointment of Scott M. Hess for the position of Director of Planning. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 4/2/2007 DEPARTMENT ID NUMBER: HR-07-03 Analysis: On August 4, 2006, the position of Director of Planning for the City of Huntington Beach became vacant with the resignation of the Director. Since that time, the position has been filled by Scott M. Hess as acting director, while recruitment for the position could be completed. The City retained Alliance Resource Consulting LLC to conduct recruitment for Director of Planning. The recruitment resulted in 15 applicants for the position. The applications were screened and 6 of those candidates were invited to an interview panel. The panel consisted of Deputy City Administrator Paul Emery, Chief of Police Kenneth W. Small, Director of Information Services Jack IC Marshall, Planning Commission Chairperson John Scandura, and Huntington Beach Chamber of Commerce Chairperson Donna Gray. City Administrator Dr. Penelope Culbreth-Graft conducted follow-up interviews with the finalists as recommended by the interview panel. As a result, she recommends City Council approval to appoint Scott M. Hess to the position of Director of Planning for the City of Huntington Beach effective April 7, 2007. Environmental Status: N/A Attachmeg sl: City Clerk's Page Number No. Description 1. Employment Agreement between the City of Huntington Beach and Scott M. Hess for the position of Director of Planning 2 Resume of Scott M. Hess -2- 3/26/2007 9:10 AM ATTACHMENT # 1 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SCOTT HESS Table of Contents Section Page 1 DUTIES 2 2 STATUS AND TERM 3 3 SALARY 2 4 OTHER BENEFITS 3 5 ADMINISTRATIVE LEAVE. 3 6 TERMINATION AND SEVERANCE PAY . 3 7 DISABILITY . 5 8 PERFORMANCE EVALUATION 5 9 PROFESSIONAL DEVELOPMENT. 6 10 FINANCIAL DISCLOSURE . 6 11 INDEMNIFICATION. 6 12 GENERAL PROVISIONS 6 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SCOTT HESS THIS AGREEMENT is entered into this�day of , 2007,between the City of Huntington Beach, a California municipal corporation, subsequently called "City," and Scott Hess, subsequently called "Hess." WITNES SETH The City Administrator has been empowered to appoint and remove department heads, with approval of the City Council; and The City,through the City Administrator, desires to employ the services of Hess as a department head, Director of Planning of the City of Huntington Beach; and It is the desire of the City to provide certain benefits, establish certain conditions of employment, and to set working conditions of Hess; and It is the desire of the City to: (1) Secure and retain the services of Hess and to provide inducement for him to remain in such employment; (2) To provide a means for terminating Hess's service at such time as he may be unable fully to discharge his duties due to disability or when City may otherwise desire to terminate his employ; and Hess desires to accept employment as Director of Planning 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 Hess as Director of Planning of the City to perform the functions and duties of that office as set forth in the Municipal Code of the City of HuhAington Beach and the City Charter, and to perform othL. legally permissible duties and functions as the City Administrator shall from time to time assign. Hess shall devote his full 1 PDA:07agree:Scott Hess—Employment Contract—Planning Director attention and effort to the office and perform the mentioned duties and functions in a professional manner. SECTION 2. STATUS AND TERM. (a) Hess shall serve for an indefinite term at the pleasure of the City Administrator and shall be considered an at-will employee of the City. (b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Administrator to terminate the employment of Hess at any time, subject only to the provisions set forth in Section 6,paragraphs (a), (b)and(c) of this Agreement, and Section 401 of the Charter of the City of Huntington Beach. (c) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Hess to resign at any time from his position with the City, subject only to the provisions set forth in Section 6,paragraph (d), of this Agreement. (d) Hess agrees to remain in the exclusive employ of City for an indefinite period and shall neither accept other employment or become employed by any other employer without the prior written approval of the City Administrator until notice of resignation is given. 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 Hess's time off, and with the advance approval of the City Administrator. SECTION 3. SALARY. City agrees to pay Hess for his services rendered pursuant to this Agreement at the Step determined by the City Administrator within Range 681 of the City's classification and compensation plan or resolutions or ordinances from time to time enacted that govern such compensation. SECTION 4. OTHER BENEFITS. In addition to the foregoing benefits, Hess shall also receive all such other benefits that are generally applicable to nonassociated employees (department heads)hired prior to December 27, 1997, as set forth in Huntington Beach City Council Resolution No. 2007-8,entitled "A Resolution Of The City Council Of The City Of 2 PDA:07agree:Scott Hess—Employment Contract—Planning Director Huntington Beach Modifying Salary And Benefits For Non-Represented Employees," a copy of which is attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. The benefits provided to Hess pursuant to this section may be modified by City from time to time, upon adoption of a successor resolution. In the event Hess relocates his primary residence to the city of Huntington Beach prior to April 9, 2009, and upon approval of the City Administrator, City will reimburse Hess his reasonable moving and relocation expenses in an amount not to exceed Ten Thousand Dollars ($10,000.00). SECTION 5. ADMINISTRATIVE LEAVE. City Administrator may place Hess on Administrative Leave with full pay and benefits at any time during the term of this Agreement. SECTION 6. TERMINATION AND SEVERANCE PAY. (a) Except as provided in subsection(b), in the event the City Administrator terminates the employment of Hess, and during such time that Hess is willing and able to perform his duties under this Agreement, then City shall pay to Hess a severance payment equal to salary payments which Hess would have been receiving over a twelve week period at Hess's current rate of pay in effect on the day prior to the date of termination. In addition, for the lesser of ninety(90) calendar days after the date of termination or the time Hess secures health and medical insurance through attainment of comparable employment,the City shall maintain and pay for health, medical, disability,the continuation of retirement benefits and life insurance in such amounts and on such terms as have been received by Hess and Hess's dependents at the time of such termination; however,no other or additional benefits shall accrue during this ninety(90) calendar-day period. (b)(1) Notwithstanding subsection(a) above,the following reasons shall constitute grounds to terminate the employment of Hess without severance pay: (i) a willful breach of this agreement or the willful and repeated neglect by Hess to perform duties that he or she is required to perform; (ii) conviction of any criminal act relating to employment with City; (iii) conviction of a felony. 3 PDA:07agree:Scott Hess—Employment Contract—Planning Director (2) Prior to the time that the City Administrator terminates Hess without severance pay for any of the reasons set forth in Section(b)(1) above, and only in that case,the City Administrator shall provide Hess with written notice of proposed termination which contains the reason and factual basis for such action. Within ten days of such notice, Hess may request an opportunity to respond to the reasons and factual basis provided by the City Administrator. If such a request to respond is made,the City Administrator shall conduct a meeting, which may be informal in nature, at which Hess may respond to the notice of proposed termination. At such meeting, Hess may be represented by an attorney of his choice and present evidence or information relevant to the reasons and factual basis set forth in the notice of proposed termination. Subsequently,the decision of the City Administrator as to whether reasons set forth in Section(b)(1) exist or do not exist shall be final as between the parties. (c) In the event City at any time during the term of this Agreement reduces the salary of Hess from its then current year level, except as part of an across-the-board reduction for all department heads of City, or in the event City refuses, following written notice,to extend to Hess any nonsalary benefit customarily available to all department heads, or in the event Hess resigns following a suggestion, whether formal or informal, by the City Administrator that he or she resign,then, in those events, Hess may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to extend or such suggestion of resignation within the meaning and context of the severance pay provision in paragraph(a) above;provided that such option to be deemed terminated must be exercised by written notice from Hess to the City Administrator within ten(10)working days of notification of such reduction, refusal to extend, or suggestion of resignation. In that event,the severance payment shall be calculated from the date Hess exercises the option to be deemed terminated. (d) In the event Hess voluntarily resigns his position, Hess shall give City written notice at least thirty(30) days prior to the last workday, unless the City Administrator and Hess otherwise agree. Unless there is agreement to the contrary, if Hess fails to provide such notice to the City Administrator, any right to accrued benefits for sick pay shall terminate. 4 PDA:07agree:Scott Hess—Employment Contract—Planning Director (e) It is understood that after notice of termination in any form, Hess and City will cooperate to provide for an orderly transition. Specific responsibilities during such transition may be specified in a written separation agreement. SECTION 7. DISABILITY. If Hess is totally disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or ill health, he or she shall be eligible for Disability Leave upon exhausting all accrued sick leave and vacation leave, and duty injury leave if applicable. Disability Leave shall be unpaid and shall be approved by the City Administrator for a time period of up to three (3)months. The length of such time period of the Disability Leave shall be dependent upon the length of the disability as demonstrated by Hess. If Hess is unable to return to work at that time, City shall have the option to terminate the employment of Hess, subject to the requirements imposed on City by Section 6, paragraph(a). SECTION 8. PERFORMANCE EVALUATION. The City Administrator shall review and evaluate in writing the performance of Hess at least once annually. That review and evaluation shall be in accordance with specific criteria developed in consultation with Hess and the City Administrator. Those criteria may be added to or deleted from as the City Administrator may from time to time determine, in consultation with Hess. SECTION 9. PROFESSIONAL DEVELOPMENT. City agrees to budget and pay for Hess's professional memberships as normally accorded to department heads. Hess shall also receive paid leave,plus registration,travel and reasonable expenses for short courses, conferences and seminars that are necessary for his personal development and, in the judgment of the City Administrator, for the good of the City, and subject to budget limitations and to established travel policies and procedures. SECTION 10. FINANCIAL DISCLOSURE. Hess shall report to the City Administrator any ownership interest in real property within the County of Orange, excluding personal residence. Also, Hess shall report to the City Administrator any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for City or from which City intends to make a purchase. Such reporting shall be made in writing by Hess to the 5 PDA:07agree:Scott Hess—Employment Contract—Planning Director City Administrator 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, Hess shall report in writing to the City Administrator any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for City or from whom City intends to make a purchase immediately upon notice of the intended work or purchase. SECTION 11. INDEMNIFICATION. City shall defend and indemnify Hess against 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 Hess's duties as an employee or officer of City, other than an action brought by City against Hess, or an action filed against City by Hess. In addition, City shall pay the reasonable expenses for the travel, lodging, meals, and lost worktime of Hess should Hess be subject to such, should an action be pending after termination of Hess. City shall be responsible for and have authority to compromise and settle any action, with prior consultation with Hess, and pay the amount of any settlement or judgment rendered on that action. Hess shall cooperate fully with City in the settlement, compromise, preparation of the defense, or trial of any such action. SECTION 12. GENERAL PROVISIONS. (a) The text here shall constitute the entire Agreement between the parties. (b) This Agreement shall become effective commencing April 9, 2007. (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. (d) No amendment of this Agreement shall be effective unless in writing and signed by both parties here. 6 PDA:07agree:Scott Hess—Employment Contract—Planning Director IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its City Administrator, and Hess has signed and executed this Agreement, both in duplicate,the day and year first above written. CITY: HESS: C' y Administrator colt Hess APPROVED AS TO FORM: 3/z v/0- -1 City Attorney 3.20•a� 7 PDA:07agree:Scott Hess—Employment Contract—Planning Director EXHIBIT A CITY SERVICES ;, - Human Resources Division DATE: FEBRUARY 13, 2007 SUBJECT: CORRECTIONS TO NON-ASSOCIATED RESOLUTION Please be advised that the attached Non-Associated Resolution requires (2) corrections to the salary schedule: Page 29— City Treasurer Pay Job Description Grade Starting Control High Type 1/16/07 Point Point Point 0018 City Treasurer 681 S72.48 se,0, 8 "NOTE: The hiring salary for Department Head positions will be between Starting Point and Control Point depending upon qualifications and experience. Page 30— Executive Assistant Pay Job Grade Type Description 1/16/07 A B C D E 0061 lExecutive Assistant 4O4 , 2 2 �2 r 03 $2 £2 .$30-09 31.7 These changes will be incorporated the next time the Non-Associated resolution is amended by Council action. i NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION TABLE OF CONTENTS EXHIBIT A NON-ASSOCIATED EMPLOYEES PAY AND BENEFIT PROVISIONS...4 SECTIONI PAY..............................................................................................................4 A. SALARY SCHEDULE.................................................................................................4 B. DIRECT DEPOSIT.....................................................................................................4 C. EDUCATION REIMBURSEMENT..................................................................................4 D. SHORTHAND SKILL PAY E. ASSIGNED VEHICLE/AUTO ALLOWANCE.....................................................................5 1. Department Heads..................................................................................................................5 2. Designated Division Heads.....................................................................................................5 3. Others.....................................................................................................................................5 F. BILINGUAL SKILL.....................................................................................................5 G. PROCESS OWNER ASSIGNMENT PAY........................................................................6 H. ACTING ASSIGNMENT..............................................................................................6 SECTION II - HOURS OF WORK/OVERTIME/TIME OFF.............................................6 A. DESIGNATED FLSA WORK WEEK.............................................................................6 B. COMPENSATORY TIME/ADMINISTRATIVE LEAVE/EXECUTIVE LEAVE .............................7 C. FLEXIBLE AND ALTERNATIVE WORK SCHEDULES........................................................7 SECTION III - HEALTH AND OTHER INSURANCE BENEFITS...................................8 A. HEALTH INSURANCE................................................................................................8 1. Medical, Dental and Vision Insurance ...................................................................................8 2. City and Employee Paid Health Insurance............................................................................8 3. Medical Cash Out.................................................................................................................12 4. Section 125 Plan..................................................................................................................12 B. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE ............................. 12 C. LONG TERM DISABILITY INSURANCE ....................................................................... 12 D. CITY PAID PHYSICAL EXAMINATIONS....................................................................... 13 E. MISCELLANEOUS................................................................................................... 13 F. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL RETIREESUBSIDY................................................................................................. 13 G. POST-65 SUPPLEMENTAL MEDICARE COVERAGE .................................................... 14 H. INCREASE IN ANNUAL MAXIMUM BENEFIT FOR DENTAL PPO PLAN............................ 14 SECTION IV- RETIREMENT.......................................................................................14 A. BENEFITS............................................................................................................. 14 1. Public Employees' Retirement System................................................................................14 2. Self-Funded Supplemental Retirement Benefit...................................................................15 3. Medical Insurance for Retirees............................................................................................15 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 4. Health Savings Account for Post Retirement Health Insurance..........................................15 5. Two Percent(2%)at Age 55 Formula...............................................................I..................15 6. Three Percent(3%)at Age 50 Formula...............................................................................15 7. Pre-Retirement Optional Settlement 2 Death Benefit..........................................................16 8. Fourth Level of 1959 Survivor Benefits...............................................................................16 B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING.......... 16 1. Employees' Contribution......................................................................................................16 SECTION V- LEAVE BENEFITS ................................................................................16 A. GENERAL LEAVE................................................................................................... 16 1. Accrual.................................................................................................................................16 2. Eligibility and Approval.........................................................................................................17 3. Leave Benefit Entitlements..................................................................................................17 4. Conversion to Cash.............................................................................................................17 B. HOLIDAYS AND PAY PROVISIONS............................................................................ 18 C. SICK LEAVE.......................................................................................................... 19 1. Accrual.................................................................................................................................19 2. Credit....................................................................................................................................19 3. Usage...................................................................................................................................19 4. Pay Off at Termination..........................................................:..............................................19 D. BEREAVEMENT LEAVE ...........................................................................................20 E. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM........................................20 SECTION VI - RETIREE SUBSIDY MEDICAL PLAN..................................................20 SECTION VII - RULES GOVERNING LAYOFF, REDUCTION IN LIEU OF LAYOFF ANDRE-EMPLOYMENT..............................................................................................21 A. PART 1 - LAYOFF PROCEDURES..............................................................................21 1. General Provisions: .............................................................................................................21 2. Service Credit: .....................................................................................................................21 3. Transfer or Reduction to Vacancies in Lieu of Layoff:.........................................................22 4. Order of Layoff:....................................................................................................................22 5. Notification of Employees:....................................................................................................23 B. PART 2- BUMPING RIGHTS....................................................................................24 1. Voluntary Reduction or Bumping in Lieu of Layoff:.............................................................24 2. Reinstatement/Reemployment Lists....................................................................................24 3. Qualifications Appeal.........................................................................................:.................24 4. Qualifications Appeal Hearing: ............................................................................................25 C. PART 3- RE-EMPLOYMENT ....................................................................................25 1. Re-employment:...................................................................................................................25 2. Status on Re-employment:..................................................................................................26 SECTION VIII - MISCELLANEOUS..............................................................................26 A. COLLECTION OF PAYROLL OVERPAYMENTS.............................................................26 B. UNIFORMS AND CALPERS REPORTING ..................................................................27 EXHIBIT 1 - NON-ASSOCIATED SALARY SCHEDULE.............................................28 EXHIBIT 2 - NON-ASSOCIATED SALARY SCHEDULE.............................................29 FINAL 2007 NA Resolution 1-10-07 with memo.doc ii NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT 3 - NON-ASSOCIATED SALARY SCHEDULE.............................................30 EXHIBIT 4 - RETIREE MEDICAL PLAN ......................................................................31 EXHIBIT 5 - 9/80 WORK SCHEDULE..........................................................................36 EXHIBIT 6 -VOLUNTARY CATASTROPHIC LEAVE DONATION .............................39 FINAL 2007 NA Resolution 1-10-07 with memo.doc iii NON-ASSOCIATED EMPLOYEES PAY AND BENEFIT PROVISIONS EXHIBIT A SECTION I — PAY A. Salary Schedule 1. Effective the first full pay period following City Council adoption of the Non- Associated Resolution, all current Non-Associated employees shall receive the salaries as identified in Exhibits 1, 2 and 3 except for those elected and at-will employees identified in Exhibit 2. 2. The City Council shall set the salaries of the elected executive management positions identified in Exhibit 2, at any rate within the designated salary range. 3. The City Administrator is authorized to set the salaries of the non-elected executive management positions identified in Exhibit 2, at any rate at or below the control point of the designated salary range. The City Administrator is authorized to increase the salary by any percentage not greater than 5% based upon performance at annual review and market data; however, no salary for a new employee may be set above the control point at any time without City Council approval and no salary of an existing employee may be set or increased above the designated salary control point prior to January 1, 2008. 4. Those employees identified in Exhibit 1 shall receive the same salary increases and health care contribution benefits as determined by the Memorandum of Understanding ("MOU") between the City and the Management Employees' Organization (MEO) upon ratification of the MOU by City Council. B. Direct Deposit All Non-Associated employees are required to utilize direct deposit of payroll checks. C. Education Reimbursement Upon approval of the Department Head and the Human Resources Manager, permanent employees may be compensated for courses from accredited educational and vocational 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 Manager. 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 five hundred dollars ($1,500) in any fiscal year period. Reimbursements shall be made when the employee presents proof to the Human Resources Manager that he/she has successfully completed the course with a grade of"C" or better; or a "Pass" if taken for credit. 4 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION D. Shorthand Skill Pay Effective December 21, 2002 the city shall end shorthand skill pay. All employees receiving shorthand skill pay prior to December 21, 2002 shall continue to receive shorthand skill pay. Those employees receiving shorthand skill pay have successfully passed a shorthand skills test and receive additional compensation in the amount of forty-six dollars and fifteen cents ($46.15) per bi-weekly pay period. Shorthand skills will not be required for positions classified as Executive Assistant, Administrative Assistant, and Administrative Secretary(Confidential). E. 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 vehicle or an auto allowance in the amount of two hundred thirty dollars and seventy-seven cents ($230.77) per bi-weekly pay period 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 in the amount of one hundred sixty one dollars and fifty- four cents ($161.54) per bi-weekly pay period plus reimbursement for out-of- town travel at the approved mileage rate. Effective September 24, 2005, the auto allowance shall be increased to two hundred seven dollars and sixty-nine cents ($207.69) bi-weekly. 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. F. 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 base 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 Manager or designee. The special pay shall be effective the first full pay period following certification as verified to the Department Head in writing by the Human Resources Manager or designee. FINAL 2007 NA Resolution 1-10-07 with memo.doc 5 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION G. Process Owner Assignment Pay Those employees performing assignments designated by the city as "process owner" assignments shall receive pay equal to ten percent (10%) of the employee's base hourly rate. Process owner assignments are designated by the employee's department head and approved by the City Administrator or designee. Designated employees are responsible for JD Edwards applications setup, design, troubleshooting and training. Process owners have system coordination responsibilities as distinguished from users of the system. H. Acting Assignment If a permanent employee is formally assigned to work in a higher classification on a temporary basis for greater than three (3) consecutive weeks, the employee shall be compensated at a rate which is at least five and one-half percent (5 1/2%) above their pay step, but such pay increase shall not be greater than ten percent (10%) and not to exceed the top step of the pay range for all hours worked in the higher classification. In the event a non-exempt employee is assigned to act in a classification that is exempt from overtime, the employee shall retain all special pays of their permanent non-exempt classification and shall receive compensation for hours worked over forty (40) hours in the designated Federal Labor Standards Act (FLSA) work week on a hour for hour basis. Such pay shall be paid to the employee or credited to compensatory time as approved by the Department Head or designee. In the event of a permanent promotion or transfer to an FLSA exempt classification, all compensatory time shall be cashed out prior to the promotion or transfer at the employee's current FLSA regular rate of pay in the non-exempt classification. Acting assignments are not intended to exceed six months, unless extraordinary circumstances warrant an extension as recommended and approved by the Human Resources Manager. Under no circumstances shall an acting assignment exceed one year nor shall it be considered a reclassification or a promotion. SECTION II — HOURS OF WORK/OVERTIME/TIME OFF A. Designated FLSA Work Week For payroll purposes, each non-exempt employee shall be assigned a designated FLSA work week for the calculation of overtime. This designated FLSA work week shall not change unless extraordinary circumstances require a change in the employee's regular work schedule due to operational need. A change in the designated FLSA workweek shall be recommended by the Department Head and approved by the Human Resources Manager. FINAL 2007 NA Resolution 1-10 U7 with memo.doc 6 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION B. Compensatory Time/Administrative Leave/Executive Leave Non-Associated non-exempt employees shall. receive overtime pay or compensatory time for hours worked over forty (40) hours in a designated work week at time and one half (1 Y2) of the employee's FLSA regular rate of pay. The employee's supervisor shall determine if employee receives overtime pay or compensatory time. The employee's supervisor shall approve the scheduling of compensatory time used. Once per fiscal year an employee may cash out up to sixty (60) hours of compensatory time. The employee shall give payroll two (2) weeks advance notice of their decision to exercise such option. Non-Associated exempt employees shall not be eligible for overtime compensation. Non-Associated exempt employees, other than department heads, shall be credited with forty (40) hours of administrative leave upon working forty(40) hours beyond their normal work schedule in each calendar year. Department heads may grant additional administrative leave to Non- Associated exempt employees who work more than seventy-five (75) hours of overtime per year. Exempt department heads shall be credited with eighty (80) hours of executive leave per year. C. Flexible and Alternative Work Schedules With supervisor and Department Head approval, Non-Associated Civic Center (city hall and police department) employees may flex regular scheduled start times between the hours of 7:00 a.m. to 9:00 a.m. Flex schedules shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Administrator or designee. All employees will be required to take a one-hour lunch break each work shift regardless of work schedule. Non-Associated Civic Center (city hall and police department) employees will have the option of working a 5/40 or 9/80 work schedule with supervisor and department head approval. In order to maintain service to the public, departmental effectiveness, productivity and/or efficiency a department head may assign an employee a different work schedule that is in compliance with the requirements of the Fair Labor Standards Act (FLSA)with City Administrator approval. FINAL 2007 NA Resolution 1-V-07 with memo.doc 7 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 1. 5/40 Work Schedule The 5/40 work schedule shall be defined as working five (5) eight (8) hour days Monday through Friday each week with a one-hour lunch during each work shift, totaling a forty(40) hours work week. 2. 9/80 Work Schedule The 9/80 work schedule, as outlined in Exhibit 5, shall be defined as working nine (9) days for eighty (80) hours in a two week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for eight (8) hours (Friday), with a one-hour lunch during each work shift, totaling forty (40) hours in each FLSA designated work week. The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Administrator or designee. SECTION III — HEALTH AND OTHER INSURANCE BENEFITS A. Health Insurance 1. Medical, Dental and Vision Insurance The city shall continue to make available group medical, dental and vision benefits to all Non-Associated employees. 2. City and Employee Paid Health Insurance The City and the employee shall pay for health insurance premiums for employees and qualified dependent(s) effective the first of the month following the employee's hire date. The employee payroll deduction for premium contributions shall be deducted on a pre-tax basis. Such deductions shall be aligned with the effective date of coverage and the ending date of coverage upon employment separation. The employee's payroll deduction amount shall begin no later than the first full pay period following the effective date of coverage and pro-rated for coverage through the end of the month in which employment was separated. FINAL 2007 NA Resolution 1-10-07 with memo.doc 8 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION i. Health Plan Employee and Employer Contributions Chart for Classifications in EXHIBIT 1. �, € ..: °_ . Medical: ,01 .. � Dental Vision MONTHLY"PRE ;FBSC BS"HIGHBSgLOW,Fk Delta flental �,. effect MIUMS HMO OPTION ; OPTI01 � PMt Delta .. USP` w*c, vefltl7 :,., - �.. PPO . PPO ., . HMO PPC3 N.. EE ONLY $352.29 $644.97 $463.20 $316.34 $24.87 $58.31 $22.38 EE+1 $767.75 $1,383.42 $979.29 $692.78 $42.29 $108.85 $22.38 EE+2 OR MORE $993.82 $1,809.14 $1,213.63 $911.06 $64.67 $143.45 $22.38 jMONTHLY= BSC;HIGH BSG Delta ental KAISERS EMPLOYER BSC OPTION LOVV PMF Delta USP1, HMO OPTION HMO 3 CONTRIBUTION PPO HMO PPO . :y PPO r . EE ONLY $274.03 $373.77 $373.77 1 $274.03 $23.00 $42.88 $17.58 EE+ 1 $555.51 $702.25 $702.25 $555.51 $39.11 $81.82 $17.58 EE+2 OR MORE $720.18 $851.34 $851.34 $720.18 $59.81 $116.36 $17.58 MONTHLY" BSC:HIGH BSC6 De1ta�, i3ental BSC LOW KAISEF2 EMPLOYEE OPTION ,q PMt Del#a USP CONTRIBUTION " HMO - OPTION HMO �. PPO HMO . ,PPO PPO EE ONLY $78.26 $271.20 $89.43 $42.31 $1.87 $15.43 $4.80 EE+1 $212.24 $681.17 $277.04 $137.27 $3.18 $27.03 $4.80 EE+2 OR MORE $273.64 $957.80 $362.29 $190.88 $4.86 $27.09 $4.80 Bl WEEKLY BSC BSC HIGH OW KAISER Delta Dental 5 EMPLOYEE OPTION PMIDelta USP' CONTRIBUTION- HMO OPTION HMO "° -PI?O PO HMO¢ -PPO EE ONLY $36.12 $125.17 $41.28 $19.53 $0.86 $7.12 $2.22 EE+ 1 $97.96 1 $314.39 $127.86 $63.36 $1.47 $12.48 $2.22 EE+2 OR MORE $126.30 1 $442.06 $167.21 $88.10 $2.24 $12.50 $2.22 The employee and employer contribution rates shall remain in effect unless otherwise modified pursuant to Section I, A. 4. FINAL 2007 NA Resolution 1-10 07 with memo.doc 9 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION ii. Health Plan Employee and Employer Contributions Chart for Classifications in EXHIBITS 2 & 3. Employer Contributions effective January 16, 2007 Medical ., . Denta 1/>Ison MONTHLY BS HIGH BS LOW Deltas Den#al PREMIUMS BSC OPTION OPTION KAISER fPIVI Uei#a`' vSP 'effectivelf1%fl7 HMO PP pp0 HMO HMO I; EE ONLY $352.29 $644.97 $463.20 $316.34 $24.87 $58.31 $22:38 EE+ 1 $767.75 $1,383.42 $979.29 $692.78 $42.29 $108.85 $22.38 EE+2 OR MORE $993.82 $1,809.14 $1,213.63 $911.06 $64.67 $143.45 $22.38 r 'SC r . MONTHLY- BSCHiGH Deltax ©en#al EMPLOYER =`BSC OPTION LOW KAISER PMI Del# VSP HMO ; OPTION HMO " CONTRIBUTION PPO H PPIm U PPO. EE ONLY $301.43 $411.15 $411.15 $301.43 $24.15 $45.02. $18.46 EE+ 1 $611.06 $772.48 $772.48 $611.06 $41.07 $85.91 $18.46 EE+2 OR MORE $792.20 $936.47 $936.47 $792.20 $62.86 $122.18 $18.46 MONTHLY; ¢ BSC HIGH BSC D'I#a en#al EMPLOYEE BSC`, OPTION LOW KAISER PMI Del# CONTRIBUTION HMO' ` PPO� OPTION HMO ,HMO' pp0 �, �VSP PPO. uz u, <. �a o.4, .. EE ONLY $50.86 $233.82 $52.05 $14.91 $0.72 $13.29 $3.92 EE+ 1 $156.69 $610.94 $206.81 $81.72 $1.22 $22.94 $3.92 EE+2 OR MORE $201.62 $872.67 $277.16 $118.86 $1.87 $21.27 $3.92 BI-WEEKLY BSC HIGH BSC Delta BSC LOW KAISER EMPLOYEE OPTION PMI Del#a VSP CONTRIBUTION ; HMO " pPO OPTION HMO 'HIUIO \PPS PPO EE ONLY $23.47 $107.92 $24.02 $6.88 w $0.33 $6.13 $1.81 EE + 1 $72.32 $281.97 $95.45 $37.72 $0.56 $10.59 $1.81 EE +2 OR MORE $93.06 $402.77 $127.92 $54.86 $0.86 $9.82 $1.81 FINAL 2007 NA Resolution 1-10-07 with memo.doc 10 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION iii. "Safety Member" Health Premiums- Employer Contribution Employees that are classified as "safety member" by the California Public Employees' Retirement System (CaIPERS) may have access to the medical plans offered by CaIPERS as contracted by the City. In accordance with eligibility provisions, the Police Chief and the Fire Chief may elect to enroll in the CaIPERS health insurance program offered by the City. The City's maximum monthly employer contributions for the CaIPERS health insurance program is set forth in the chart below. The amounts listed below include the mandated Public Employees' Medical and Hospital Care Act(PEMHCA) contribution. Employer contribution rates effective January 16, 2007 Medical` Den .. vision MONTHLY PERS Delta i3e1#a PREMIUMS PERS$S PERS PERS PORAC KAISER PMl Dental uSP ffectve1i1/07HMO E CHOICE : HMO HMO` "PP .. ..EE ONLYONLY $407.02 $731.40 $432.64 $439.00 $360.60 $24.87 $58.31 $22.38 EE+1 $814.04 $1,462.80 $865.28 $822.00 $721.20 $42.29 $108.85 $22.38 EE+2OR MORE $1,058.25 $1,901.64 $1,124.86 $1,045.00 $937.56 $64.67 $143.45 $22.38 MONTHt.X4�,,, PERS PERS° Delta Deli PERS PERS EMPLOYER- BSC PORAC KAISER PMi ' Dental VVSR, CARE-:, CHOICE CONTRIBUTION HMO - -•, HMO, HMO Ph0 EE ONLY $301.43 $411.15 $411.15 $411.15 $301.43 $24.15 $45.02 $18.46 EE+1 $611.06 $772.48 $772.48 $772.48 $611.06 $41.07 $85.91 $18.46 EE+2OR MORE $792.20 $936.47 $936.47 $936.47 $792.20 $62.80 $122.18 $18.46 MOTITHLY._ PERS r: PERS PERS PERS Delta yetta EMPLOYEE BSC; PORAC KAISER PMI Dental vSP CARE CHOICE CONTRIBUTION HMO' .., HMO '- HMO PRO EE ONLY $105.59 $320.25 $21.49 $27.85 $59.17 $0.72 $13.29 $3.92 EE+1 $202.98 $690.32 $92.80 $49.52 $110.14 $1.22 $22.94 $3.92 EE+2OR MORE $266.05 $965.17 $188.39 $108.53 $145.36 $1.87 $21.27 $3.92 PERS PERS PERS. Delta �,r,Delta BIWEEKLY. PERS „ ;.- y _ EMPLOYEE, BSC PORAC KAISER a PMI Dent0l vSP CONTRIBUTION HMO t CARE. CHOICE `;� HMO;:; � ,HMO PPO � s EE ONLY $48.73 $147.81 $9.92 $12.85 $27.31 $0.33 $6.13 $1.81 EE+1 $93.68 $318.61 $42.83 $22.86 $50.83 $0.56 $10.59 $1.81 EE+20R MORE $122.79 $445.46 $86.95 $50.10 $67.09 $0.86 $9.82 $1.81 iv. Employees shall not be entitled to the difference between the employer contribution and the premiums for insurance plan(s) selected by the employee. FINAL 2007 NA Resolution 1-10-07 with memo.doc 11 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION v. Future Premiums The City "caps" its contributions toward monthly group medical, dental and vision plan premiums by category (EE, EE + 1, and EE + 2 or more) as outlined in sections i, ii, and iii above. The employee and employer contribution rates set forth in section i above shall remain in effect unless otherwise modified pursuant to Section I, A. 4 above. The employee and employer contributions rates set forth in sections ii and iii above shall remain in effect in 2008 and beyond unless otherwise modified by a successor Non-Associated Resolution. The City's contribution caps will remain in place , even if premium increases result in these additional costs being borne by the employee. 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 Employee Benefits), they may elect to discontinue city medical coverage and receive ninety-two dollars and thirty-one cents ($92.31) bi-weekly. 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 shall be provided with $50,000 life insurance and $50,000 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, general leave, compensatory time off, administrative leave, executive 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 shall be to age sixty-five (65). FINAL 2007 NA Resolution 1-10-07 with memo.doc 12 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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 Human Resources Division. 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 pre-placement 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. 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. 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. F. Retiree Medical Coverage for Retirees Not Eligible for the City Medical Retiree Subsidy Plan Employees who retire from the City after January 1, 2004 and 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 City sponsored medical insurance plans until the first of the month in which they turn age sixty-five (65). The retiree shall pay the full premium for City sponsored medical insurance for themselves and/or qualified dependents without any City subsidy. Employees who retire from the City and receive a retirement allowance from the California Public Employees' Retirement System and are not eligible for the City's Retiree Subsidy Medical Plan and choose not to participate in City sponsored medical insurance upon retirement permanently lose eligibility for this insurance. FINAL 2007 NA Resolution 1-10-07 with memo.doc 13 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION However, if a retiree who is not eligible for the City's Retiree Subsidy Medical Plan. chooses not to participate in city sponsored 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 city sponsored medical insurance plans reinstated. Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree or qualified dependent turns age sixty-five(65). G. 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 City sponsored medical insurance, with or without the Retiree Medical Subsidy Plan, may participate in City sponsored medical insurance plans that are supplemental to Medicare, after a contract is in place between the City and a health insurance provider. A retiree or qualified dependent must choose to participate in City sponsored 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 City sponsored 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 City sponsored medical insurance plans that are supplemental to Medicare permanently lose eligibility for this insurance. H. Annual Maximum Benefit for Dental PPO Plan Effective January 1, 2005, the Dental PPO plan maximum annual benefit shall be $2,000. 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. FINAL 2007 NA Resolution 1-10-07 with memo.doc 14 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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 self, 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 Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). 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 IV.A.3.a above, the city will provide a financial contribution towards the cost of retiree medical premiums as described in Section VI. 4. Health Savings Account for Post Retirement Health Insurance As soon as practicable, the City shall implement a qualified health savings account plan for the purpose of allowing employees to voluntarily fund post medical retirement health premiums. 5. Two Percent(2%) at Age 55 Formula Non-Associated employees classified as "miscellaneous" employees are covered by the two percent at age 55 formula (2% @ 55) as identified in Section 21354 of the California Government Code. 6. Three Percent(3%) at Age 50 Formula Non-Associated employees classified as "safety" employees are covered by the three percent at age 50 formula (3% @ 50).as identified in Section 21362.2 of the California Government Code. FINAL 2007 NA Resolution 1-10-07 with memo.doc 15 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 7. Pre-Retirement Optional Settlement 2 Death Benefit Non-Associated employees shall be covered by the Pre-Retirement Optional Settlement 2 Death Benefit as identified in Section 21548 of the California Government Code when approved by the City Council. 8. Fourth Level of 1959 Survivor Benefits Non-Associated employees shall be covered by the Fourth Level of the 1959 Survivor Benefit as identified in Section 21574 of the California Government Code. B. Public Emplovees' 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 (PERS). The above PERS pickup is not base salary but is done pursuant to Section 14(h)(2) of the Internal Revenue Code. 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 Annual General Biweekly General Leave Allowance Leave Allowance First through Fourth Year 176 hours 6.77 Fifth through Ninth Year 200 hours 7.69 Tenth through Fourteenth Year 224 hours 8.62 Fifteenth Year and Thereafter 256 hours 9.85 FINAL 2007 NA Resolution 1-10-07 with merno.doc 16 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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. 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 forty (640) hours. Employees may not use their general leave to advance their separation date on retirement or other separation from employment. 3. Leave Benefit Entitlements The City shall comply with all State and Federal leave benefit entitlement laws. An eligible employee on an approved leave shall be allowed to use applicable earned Sick Leave, General Leave, Compensatory Time, Administrative Leave or Executive Leave for serious and non-serious family or personal health issues. For more information on employee leave options contact the Human Resources Division. 4. 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 their current salary rate for all unused, earned general leave to which they are entitled up to and including the effective date of their termination. b. Conversion to Cash Two times 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 per fiscal year. The employee shall give payroll two (2) weeks advance notice of their decision to exercise such option. c. One Week Minimum Vacation Requirement The City Administrator may require certain positions which handle money or transfer funds to take a minimum of one week, (i.e., five consecutive work days) paid vacation each calendar year. FINAL 2007 NA Resolution 1-10-07 with memo.doc 17 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION d. Deferred Compensation Contribution at Time of Separation The value of any unused earned leave benefits may be transferred to deferred compensation at separation (including retirement), but only during the time that the employee is actively employed with the City. The latest opportunity for such transfer must be the pay period prior to the employee's last day of employment. B. Holidays and Pay Provisions 1. Permanent full-time Non-Associated employees shall receive the following legal holidays as of the first pay period following adoption of the Non- Associated Resolution paid in full per the employee's regularly scheduled work shift: (1) New Year's Day (January 1) (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) (8) Thanksgiving Day (fourth Thursday in November) (9) The Friday after Thanksgiving (10) Christmas Day(December 25) 2. 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. 3. 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. 4. A permanent half-time (1/2) or three quarter-time (3/4) Non-Associated employee shall have the holiday paid as time off with a pro-rated amount of four (4) or six (6) hours, respectively. 5. In the event a Non-Associated "non-exempt" employee is assigned to work on the day of the holiday recognized by the City, whether it is or is not the employee's regularly scheduled work day the employee shall have the holiday paid at the straight time rate unless FLSA overtime provisions apply. 6. In the event that a Non-Associated "exempt" employee is required to work on the holiday recognized by the City, the holiday hours shall be credited to the employee's general leave bank. Approval of this transaction shall be handled by the Department Head or designee in the payroll period that includes the holiday worked. FINAL 2007 NA Resolution 1-10-07 with memo.doc 18 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 7. If a holiday falls on a Non-Associated employee's scheduled day off and with approval from the Department Head or designee, the employee may take another day off during the same work week as the holiday or opt to be credited with general leave the number of hours of the employee's regularly scheduled work shift. C. Sick Leave 1. Accrual No employee shall accrue sick leave. 2. 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. Sick leave shall not be used to extend absences due to work related (industrial) injuries or illnesses, this provision shall be added to Personnel Rule 18.10. 4. 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 FINAL 2007 NA Resolution 1-10-07 with memo.doc 19 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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 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. Voluntary Catastrophic Leave Donation Program Under certain conditions, an employee may donate leave time to another employee in need. The program is outlined in Exhibit 6. 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 in accordance with the Retiree Subsidy Medical Plan as outlined in Exhibit 4. FINAL 2007 NA Resolution 1-10-07 with memo.doc 20 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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 1 - 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 substantially changed 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. 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. FINAL 2007 NA Resolution 1-10-07 with memo.doc 21 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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/re-employment list(s) pursuant to Part 3., Re- employment. 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 FINAL 2007 NA Resolution 1-10-07 with memo.doc 22 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION citywide bumping rights to a lower class in the occupational series pursuant to Part 2. c. When a position in a class and/or 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 (15) 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 Manager in writing if the employee intends to exercise the employee's bumping rights, if any, pursuant to Part 2., Bumping Rights. 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 Manager 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 Manager 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 Manager of the dispute. Within five (5) calendar days after the dispute is reviewed, the employee shall be notified in writing of the decision. FINAL 2007 NA'Resolution 1-10-07 with memo.doc 23 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION B. Part 2 - Bumping Rights 1. Voluntary 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 Manager'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 Manager's decision, the employee may appeal pursuant to the provisions of Sections 3 and 4 below. 2. Reinstatement/Re-employment 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/re- employment list pursuant to Part 3. Re-employment 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 Manager 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. FINAL 2007 NA Resolution 1-10-07 with memo.doc 24 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 4. Qualifications Appeal Hearing: a. Upon receipt of an appeal, the Human Resources Manager 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 hearing 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 — Re-Employment 1. Re-Employment: a. Employees who are laid off or reduced to avoid layoff shall have their names placed upon a re-employment list, for each class in the 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 re-employment lists shall remain on the list for two (2) years from the date of layoff or reduction. c. Vacancies shall be filled from the re-employment 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 re-employment 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 (5) 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 re-employment lists. e. Re-employment lists shall be available affected employees upon reasonable request. FINAL 2007 NA Resolution 1-10-07 with memo.doc 25 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION f. Qualifications appeals involving re-employment rights shall be resolved in the same manner as that identified in Part 2., Section 4. 2. Status on Re-Employment: 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 employee benefit provisions. Sick leave shall be paid to an employee when the re- employment 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 re-employment. 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. SECTION VIII — MISCELLANEOUS A. Collection of Payroll Overpayments In the event that a payroll overpayment is discovered and verified, and considering all reasonable factors including the length of time that the overpayment was made and if and when the employee could have reasonably known about such overpayment, the City shall take action to collect from the employee the amount of overpayment(s). Such collection shall be processed by payroll deduction over a reasonable period of time considering the total amount of overpayment. In the event the employee separates from employment during the collection period, the final amount shall be deducted from the last payroll check of the employee. If applicable, the balance due from the employee shall be communicated upon FINAL 2007 NA Resolution 1-10-07 with memo.doc 26 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION employment separation if the last payroll check does not sufficiently cover the amount due the City. It shall be the responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error. The City reserves the right to also collect compensation overpayments caused by or the result of misinterpretation of a pay provision by non- authorized personnel. The interpretation of all pay provisions shall be administered by the City Administrator or designee and as adopted by the City Council Unauthorized compensation payments shall not constitute a past practice (1/03/05). B. Uniforms and CaIPERS Reporting The City provides uniforms to active duty employees in the classifications of Police Chief and Fire Chief. These employees are required to wear a standard uniform for appearance, uniformity, and public recognition purposes. The City will report to the California Public Employees' Retirement System (CaIPERS) the average annual cost of uniforms as special compensation for each eligible employee in accordance with Title 2, California Code of Regulations, Section 571(a)(5). FINAL 2007 NA Resolution 1-10-07 with memo.doc 27 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT 1 NON-ASSOCIATED SALARY SCHEDULE EFFECTIVE September 24, 2005 Pay Job Grade Type Description 9/25/05 A B C D E 0005 Admin Analyst NA 513 $28.17 $29.72 $31.35 $33.07 $34.89 0062 Admin Analyst Principal NA 560 $35.61 $37.57 $39.64 $41.82 $44.12 0063 Admin.Analyst Sr NA 541 $32.40 $34.18 $36.06 $38.04 $40.13 0078 Assistant City Attorney 630 $50.49 $53.27 $56.20 1 $59.29 $62.55 0064 Budget Analyst Senior 541 $32.40 $34.18 $36.06 $38.04 $40.13 0471 Community Relations Officer 560 $35.61 $37.57 $39.64 $41.82 $44.12 0006 lHuman Resources Manager 609 $45.47 $47.97 $50.61 $53.39 $56.33 0443 IPayroll Analyst 521 $29.33 $30.94 $32.64 $34.43 $36.32 0453 lPersonnel Analyst 515 $28.45 $30.01 $31.66 $33.40 $35.24 0060 Personnel Analyst Principal 560 $35.61 $37.57 $39.64 $41.82 $44.12 0464 Personnel Analyst Senior 541 $32.40 $34.18 $36.06 $38.04 $40.13 0054 Risk Manager 592 $41.77 $44.07 $46.49 $49.05 $51.75 0484 Senior Deputy City Attorney 621 $48.27 $50.93 $53.73 $56.68 $59.80 FINAL 2007 NA Resolution 1-10-07 with memo.doc 28 NON-ASSOCIATED EMPLOYEE PAY AND BENEFIT PROVISIONS EXHIBIT 2 NON-ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE EFFECTIVE January 16, 2007 Pay Job Grade Starting Control High Type Description 1/16/07 Point Point Point 0510 Deputy City Administrator 703 $72.68 $80.90 $90.04 0009 Director of Building&Safety 681 $65.12 $72.48 $80.68 0014 Director of Community Services 697 $70.53 $78.50 $87.38 0008 Director of Econ Development 681 $65.12 $72.48 $80.68 0479 Director of Info Services 681 $65.12 $72.48 $80.68 0021 Director of Planning 681 $65.12 $72.48 $80.68 0010 Director of Public Works 697 $70.53 $78.50 $87.38 0518 Finance Director 697 $70.53 $78.50 $87.38 0015 Fire Chief 709 $74.88 $83.35 $92.77 0011 Police Chief 709 $74.88 $83.35 $92.77 0016 City Attorney 740 $87.41 $97.29 $108.29 0017 City Clerk 668 $61.03 $67.93 $75.61 6 w 7.4-46M_ 0018 CityTreasurer 8' 6 Ca A B C D E 0007 Director of Library Services 668 $61.03 $64.39 $67.93 $71.67 $75.61 29 NON-ASSOCIATED EMPLOYEE PAY AND BENEFIT PROVISIONS EXHIBIT 3 NON-ASSOCIATED SALARY SCHEDULE EFFECTIVE January 16, 2007 Pay Job Grade Type Description 1/16/07 A B C D E 0278 Administrative Assistant 466 $22.28 $23.51 $24.80 $26.16 $27.60 0466 Administrative Secretary NA 437 $19.28 $20.34 $21.46 $22.64 $23.89 0517 Deputy City Treasurer NA 597 �$42.82 $45.18 $47.66 $5�01.2j8 $�5(3�.05 A4 1: r= F 4. cl f" S27, 1 n 4F'£a..4.}.*94 LTA'if�+:750'. 0061 Executive Assistant 4c 303 S31,74 0447 Pa roll Technician 444 $19.96 $21.06 $22.22 $23.44 $24.73 0279 Personnel Assistant 438 $19.38 $20.45 $21.57 $22.76 $24.01 0446 Senior Payroll Technician 463 1 $21.94 1 $23.15 1 $24.42 1 $25.76 $27.18 30 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT 4 RETIREE 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 full time 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. 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. 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 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 1. Minimum Eliaibility for Benefits With the exception of an industrial disability retirement, eligibility for benefits begins after an employee has completed ten (10) years of continuous full time 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. FINAL 2007 NA Resolution 1-10-07 with memo.doc 31 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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. 3. Maximum Monthly Subsidy Pavments 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 disability whose number of years of service prior to retirement, exceeds ten (10) years of continuous full time service, 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 FINAL 2007 NA Resolution 1-10-07 with memo.doc 32 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION MISCELLANEOUS 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. The Administrative Services Department 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. B. Benefits: 1. Retiree Subsidy Medical Plan includes Managed Health Network (MHN), Prescription Card System (PCS), Orange County Foundation for Medical Care (OCFMC) 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. HMO. c. 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. Regular City Employee Indemnity Plan. c. Any other employee benefit plan. d. Any other commercially available benefit plan. e. Medicare supplements FINAL 2007 NA Resolution 1-10-07 with memo.doc 33 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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, Part B of Medicare is paid for by the participant. 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 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 Resolution. FINAL 2007 NA Resolution 1-10-07 with memo.doc 34 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS 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. FINAL 2007 NA Resolution 1-10-07 with memo.doc 35 NON-ASSOCIATED EMPLOYEE PAY AND BENEFIT PROVISIONS EXHIBIT 5 - 9180 WORK SCHEDULE This work schedule is known as "9/80". The 9/80 work schedule is designed to be in compliance with the requirements of the Fair Labor Standards Act (FLSA). In the event that there is a conflict with the current rules, practices and/or procedures regarding work schedules and leave plans, then the rules listed below shall govern. 9/80 WORK SCHEDULE DEFINED The 9/80 work schedule shall be defined as working nine (9) days for eighty (80) hours in a two week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for eight (8) hours (Friday), with a one-hour lunch during each work shift, totaling forty (40) hours in each FLSA work week. The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Administrator or designee. A. Forty(40) Hour FLSA Work Week The actual FLSA workweek is from Friday at mid-shift (p.m.) to Friday at mid-shift (a.m.). No employee working the 9/80 work schedule will be able to flex their Friday start time nor the time they take their lunch break, which will be from 12:00 p.m. to 1:00 p.m. on Fridays. All employee work shifts will start at 8:00 a.m. on their Friday worked. The start of the FLSA workweek is 12:00 noon Friday. B. Two Week Pay Period The pay period for employees starts Friday mid-shift (p.m.) and continues for fourteen (14) days until Friday mid-shift (a.m.). During this period, each week is made up of four (4) nine (9) hour work days (thirty-six (36) hours) and one (1) four (4) hour Friday and those hours equal forty (40) work hours in each work week (e.g. the Friday is split into four(4) hours for the a.m. shift, which is charged to work week one and four(4) hours for the p.m. shift, which is charged to work week two). C. A/B Schedules To continue to provide service to the public every Friday, employees are to be divided between two schedules, known as the "A" schedule and the "B" schedule, based upon the departmental needs. For identification purposes, the "A" schedule shall be known as the schedule with a day off on the Friday in the middle of the pay period, or, `off on payday", the "B" schedule shall have the first Friday (p.m.) and the last Friday (a.m.) off, or "working on payday". An example is listed below: AM PM PM PM F F S ' S 'M ' ; W Th F;:' , :. M alV i µ Schedule 4 4 - 9 9 9 9 - - - 9 9 9 9 4 4 B Schedule - - - - 9 9 9 9 4 4 - - 9 9 9 9 - 36 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION D. A/B Schedule Changes FLSA non-exempt employees cannot change schedules without prior approval of their supervisor, Department Head, and the Human Resources Manager or designee. The purpose of this authorization is to review the impact on overtime. FLSA exempt employees may change A/B schedules at the beginning of any pay period with supervisor and Department Head approval. E. Emergencies All employees on the 9/80 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Administrator, Department Head or designee may require such service from any of said employees. OVERTIME DEFINED FLSA Non-Exempt Employees - All non-exempt employees under the 9/80 work schedule shall earn overtime for all hours worked after the first forty (40) hours in an FLSA work week (Friday 12:00:00 p.m. to Friday 11:59:59 a.m.) as required under FLSA. Employees are required to obtain supervisor authorization prior to working any overtime. 1. Overtime Compensation —As stated in the Non-Associated Resolution. 2. Compensatory Time—As stated in the Non-Associated Resolution. LEAVE BENEFITS When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9) hours of eligible leave per workday shall be charged against the employee's leave balance or eight (8) hours shall be charged if the day off is a Friday. All leaves shall continue under the current accrual, eligibility, request and approval requirements. 1. General Leave—As stated in the Non-Associated Resolution. 2. Sick Leave—As stated in the Non-Associated Resolution. 3. Administrative Leave—As stated in the Non-Associated Resolution. 4. Executive Leave—As stated in the Non-Associated Resolution. 5. Bereavement Leave—As stated in the Non-Associated Resolution. 6. Holidays - As stated in the Non-Associated Resolution. FINAL 2007 NA Resolution 1-10-07 with merno.doc 37 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 7. Jury Duty — The provisions of the Personnel Rules shall continue to apply, however, if an FLSA exempt employee is called to serve on jury duty during a normal Friday off, Saturday, or Sunday, or on a city holiday, then the jury duty shall be considered the same as having occurred during the employees day off work, therefore, the employee will receive no added compensation. FINAL 2007 NA Resolution 1-1"7 with memo.doc 38 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT 6 - VOLUNTARY CATASTROPHIC LEAVE DONATION Guidelines 1. Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either; return to work, long-term disability, or medical retirement. Permanent employees who accrue vacation, general leave or compensatory time may donate such leave to another permanent employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The leave-sharing Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of vacation, general, or sick leave. 2. Definitions Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the employee or an employee's family member. Family Member - For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave Accrued compensatory, vacation or general leave hours may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty(40) hours. 4. Eligibility Permanent employees who accrue vacation or general leave may donate such hours to eligible recipients. Compensatory time 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 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. FINAL 2007 NA Resolution 1-10-07 with memo.doc 39 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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 the Human Resources Division (payroll). All donation forms submitted to payroll will be date stamped and used in order received for each bi-weekly pay period. Multiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor. 6. Other Please contact the Human Resources Division on questions regarding employee participation in this program. FINAL 2007 NA Resolution 1-10-07 with memo.doc 40 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION Voluntary Catastrophic Leave.Donation Program Leave Request Form Requestor, Please Complete According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated vacation, general leave or compensatory time. MY SIGNATURE CERTIFIES THAT: • A Leave of absence in relation to a catastrophic illness or injury has been approved by my Department; and • 1 am not receiving disability benefits or Workers' Compensation payments. ame: (Please Print or Type: Last, First, MI) Work Phone: b pe artment: µ ;lob Title: Employee ID#: _.. _.._.,.,.. _ ._...... _._._ __..__ _......__...�._..........� ;Requester Signature: Date: Department Director Signature of Support: _. Date: Human Resources Division Use Only b i s Enddonatj©n date will bndge to End donat n date 3 Lo Term`Disab�IRy, V ng lUl�edicalRetlrement.begannjg � r Q Lengt7a'c lea-re eni�ing © Return to work '44 � Human Resources Manager Signature Date'slgned Please submit this form to the Payroll Unit/Human Resources Division. FINAL 2007 NA Resolution 1-10-07 with memo.doc 41 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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: _.. : . mT F�'Number of Hours I wish to Donate: ❑ Vacation Hours of Vacation ❑ Compensatory Time Hours of Compensatory Time ❑ General Leave i Hours of General Leave I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. I wish to donate my accrued vacation, comp or general leave hours to the Leave Donation Program for: ._ ....._. ....._... ...�..... ............__ Eligible recipient employee's name (Last, First, MI): Donor Signature: `Date: Please submit to Payroll in the Human Resources Division. FINAL 2007 NA Resolution 1-10-07 with memo.doc 42 ATTACHMENT #2 Scott M. Hess, AICP EXPERIENCE; Acting Director of Planning, City of Huntington Beach 8/2006 to Present Plan, organize, manage, integrate and direct a broad range of Planning Department programs and functions (28 staff members in three Divisions: Advance, Current, and Neighborhood Preservation/Code Enforcement). Develop, implement and monitor long-term plans, goals, and objectives focused on achieving the City's Mission Statement, Strategic Goals, and Council priorities. Represent the City and the Department at City Council, Planning Commission, California Coastal Commission, Design Review Board, and community meetings. Participate in Executive Team meetings, City policy decisions, and major development issues. Monitor performance against annual Department budget. Planning Manager, City of Huntington Beach 2002 to 7/2006 Administer the day-to-day activities of the Planning Department. Coordinate efforts in achieving City Council objectives. Resolve customer service issues between Planning Divisions and other Departments. Represent the Department at City Council, Planning Commission, and community meetings. Manage department budget. Serve as acting Director of Planning. Principal Planner, City of Huntington Beach 1999 to 2002 Plan, direct and coordinate the activities and services of each Planning Department Division (Current, Advance, and Code Enforcement/ Neighborhood Preservation). Develop and implement a wide variety of planning, zoning, and development review activities including environmental impact reports, redevelopment projects, and engineering projects. Project Manager coordinating major development proposals with Building and Safety, Public Works, Fire, Police, Community Services, and Redevelopment (including Housing). Manage the Development Assistance Team (multi-departmental customer service task force). Serve as acting Director of Planning. Liaison to the Planning Commission. Senior Planner, City of Huntington Beach 1987 to 1999 Plan, direct, and coordinate the activities of a Planning Division Section (Current, Advance, and Code Enforcement). Define project purpose, identify alternatives to be researched, determine staff participation and monitor progress. Process zoning entitlements. Coordinate development projects with other Departments. Serve as Zoning Administrator and acting Planning Director. Associate Planner, City of Huntington Beach 1986 to 1987 Assistant Planner 1984 to 1986 Process zoning entitlements. Coordinate development activities with other Departments. Provide technical assistance relative to State planning laws, Subdivision Map Act, California Environmental Quality Act, City Zoning Ordinances and Department policy. Associate Planner, City of Norwalk 1981 to 1984 Planning Technician 1980 to 1981 Evaluate zoning entitlements for conformance with the City's Zoning Ordinance and policies, make recommendations, and prepare staff reports including conditional use permits, variances, zone changes, and general plan amendments. Provide public assistance. Scott M. Hess, AICP Page 2 Planning Technician, Peckham, Inc., Irvine 1979 to 1980 Project Manager for industrial developments. Perform industrial park site analysis, site planning, and permit processing. Planning Intern, City of Fullerton 1978 EDUCATION: Bachelor of Science in Urban Planning, California State Polytechnic University, Pomona, 1979 Associate in Arts in Liberal Arts, Fullerton College, Fullerton, California, 1976 PROFESSIONAL AFFILIATIONS: American Institute of Certified Planners (AICP), admitted 1993. American Planning Association (APA), 1980 to present. RCA ROUTING SHEET INITIATING DEPARTMENT: HUMAN RESOURCES SUBJECT: APPROVAL OF EMPLOYMENT AGREEMENT BETWEEN THE CITY AND SCOTT M. HESS COUNCIL MEETING DATE: April 2, 2007 RCA ATTACHMENTS STATUS 4:r _ Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attome ) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached (Approved as to form by City Attome ) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over$5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable ID Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATtACHMENTS REVIEWED :' " RETURNED FORWARDED Administrative Staff ( ) Deputy City Administrator Initial City Administrator Initial City Clerk ( J FXPLANATION FOR RETUR OF ITEM: C-�-�►-�. �� � ,may' � ��-,; (Below • . For Only) RCA Author: P.Ahumada