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Home My WebLink AboutCity Council - 2014-106 RESOLUTION NO. 2014-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING NON-ASSOCIATED SALARY AND BENEFITS RESOLUTION AND AMENDING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE CHIEF ASSISTANT CITY ATTORNEY WHEREAS, the City Council of the City of Huntington Beach desires to modify the salary level, benefits and the Employment Agreement for the Chief Assistant City Attorney, Michael Vigliotta; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1. Salary and Benefits for the Chief Assistant City Attorney shall be as reflected in the modified Non-Associated Employees Pay and Benefits Resolution as reflected in Attachment"A"Non-Associated Executive Management Salary Schedule, Pay Grade NA0593— Exhibit 1. SECTION 2. The amended Employment Agreement between the City of Huntington Beach and Michael Vigliotta is attached hereto as Attachment`B". SECTION 3. Any existing provisions in conflict with the foregoing, whether by minute action or resolution of the City Council, are hereby repealed. SECTION 4. All other benefits and salary ranges established and reflected in the Non- Associated Employees Pay and Benefits Resolution, Resolution No. 2014-32, shall continue unless modified by City Council action. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of December , 2014 IV ayo REVIE D APPROVED: INI T A OV D: Fre i son, City Manager erector o uman Resources APPRO T FO chael Gates, City Attorney 2-0111 EXHIBIT 1 NON-ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE EFFECTIVE SEPTEMBER 27,2014 MODIFIED SALARY SCHEDULE EFFECTIVE DECEMBER 20,2014 Starting High Grade t Job No.-,,, Description Point Point Point EXECUTIVE MANAGEMENT 1 0591 lCity Manager _TNA0591 NA NA 12577 DEPARTMENT HEADS 0592 Assistant City Manager NA0592 84.14 93.64 104.24 0009 Director of Building&Safety NA0009 73.18 81.44 90.65 0014 Director of Community Services NA0014 73.18 81.44 90.65 0008 Director of Economic Development NA0008 73.18 81.44 90.65 0574 Director of Human Resources NA0574 73.18 81.44 90.65 0479 Director of Information Services NA0479 73.18 81.44 90.65 0007 Director of Library Services NA0007 68.57 76.32 84.96 0589 Director of Planning/Building NA0589 79.24 88.21 98.17 0010 Director of Public Works NA0010 79.24 88.21 98.17 0518 Director of Finance NA0518 79.24 88.21 98.17 0015 Fire Chief NA0015 84.14 93.64 104.23 0011 Police Chief NA001 1 84.14 1 93.651 104.231 ELECTED OFFICIALS 0016 City Attorney NA0016_ 98.22 109.32 121.67 0017 City Clerk NA0017 68.57 76.32 1 84.961 ELECTED OFFICIALS PART-TIME 1 0018 ICity Treasurer-*PART-TIME NA0018 73.18 81.44 90.65 i-A _-ArtnuaI Salary Nqf� $50,796 CONTRACT NON-DEPARTMENT HEAD 'T Pay , P Job No. Description 41 A B C D E Grade 0593 Chief Assistant City Attorney NA0593 69.66 7149 77.53 81.79 86.281 PER RESOLUTION 2015- ADOPTED ON DECEMBER 15,2014 Item 15. - 4 HB -160- 7 EMPLOYMENT AGREETMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MICHAEL VIGLIOTTA Table of Contents Section Page 1 DUTIES 2 2 STATUS AND TERM 2 3 SALARY 2 4 OTHER BENEFITS 3 5 ADMINISTRATION LEAVE 3 6 TERMINATION AND SEVERANCE PAY 4 7 PERFORMANCE EVALUATION. 5 8 PROFESIONAL DEVELOPMENT 5 9 FINANCIAL DISCLOSURE 6 10 INDEMNIFICATION 6 11 GENERAL PROVISIONS 7 EXHIBITS 8 EMPLOYMENT AGREETMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MICHAEL VIGLIOTTA (As Amended) THIS AGREEMENT is entered into this /J"day ofa�.~ 2014 between f the City of Huntington Beach, a California municipal corporation, subsequently called"City," and Michael Vigliotta, subsequently called"Vigliotta." RECITALS The City Attorney may, subject to the approval of the City Council,appoint a Chief Assistant City Attorney to assist the City Attorney or act on behalf of the City Attorney,at such salaries or compensation as the Council may by ordinance or resolution prescribe; and The City,through the City Attorney, desires to employ the services of Vigliotta as a Chief Assistant City Attorney 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 Vigliotta; and It is the desire of the City to: (1) Secure and retain the services of Vigliotta and to provide inducement for him to remain in such employmenL; (2) To provide a means for terminating Vigliotta'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 By entering this agreement Vigliotta is giving up valuable property rights acquired by virtue of being in the civil service system however by virtue of benefits guaranteed herein he desires to accept employment as a Chief Assistant City Attorney 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 Vigliotta as a Chief Assistant City Attorney of the City to perform the functions and duties of that office as set forth in the Class Specification attached hereto as Exhibit "A," the Municipal Code of the City of Huntington Beach and the City Charter,and to perform other legally permissible duties and functions as the Chief Assistant City Attorney as the City Attorney shall from time to time assign. Vigliotta shall devote his full attention and effort to the office and perform the mentioned duties and functions in a professional manner. SECTION 2. STATUS AND TERM (a) Vigliotta shall serve for an indefinite term at the pleasure of the City Attorney 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 Attorney to terminate the employment of Vigliotta at any time, subject only to the provisions set forth in Section6,paragraphs (a), (b) and (c) of this agreement. (c) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Vigliotta 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) Vigliotta agrees to remain in the exclusive employ of City for an indefinite period and not become employed by any other employer without the prior written approval of the City Attorney or 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 Vigliotta's time off, and with the advance approval of the City Attorney. SECTION 3. SALARY City agrees to pay Vigliotta for his services rendered pursuant to this Agreement at Pay Grade NA0593, Step E (Non-Associated) of the City's classification and compensation plan or resolutions or ordinances from time to time enacted that govern such compensation for the Position of Chief Assistant City Attorney. Vigliotta shall receive the same salary adjustments and/or benefits conferred,if any, in the future to other employees as governed by the Non- Associated Resolution. SECTION 4. OTHER BENEFITS (a) In addition to the foregoing benefits,Vigliotta shall also receive all such other Benefits that are generally applicable to Non-Associated/non-represented employees as set forth in the most recent Huntington Beach City Council Resolution entitled"A Resolution of the City Council of the City of Huntington Beach Modifying Salary and Benefits for Non-Represented Employees," a copy of which is attached hereto as Exhibit"B" and incorporated by this reference as though full set forth herein. The benefits provided to Vigliotta pursuant to this section may be modified by City from time to time, upon enactment of a successor resolution or ordinance that governs such benefits. (b) Vigliotta will be credited with those hours of General Leave previously accrued in his civil servant position. Thereafter, Vigliotta shall accrue General Leave in accordance with the General Leave accrual provisions applicable to employees governed by the Non-Associated Resolution and Vigliotta shall be credited 80 hours of Executive Leave on January 1 of each calendar year. Executive Leave must be used in the same calendar year it is credited; unused Executive leave may not be carried forward to the next calendar year. (C) Vigliotta will remain enrolled in and will be entitled to the PERS Retirement Plan benefits received by the City's miscellaneous employees and such benefits will comply with all PERS regulations, (d) By virtue of this agreement,Vigliotta will not be considered to have a break in service from the City of Huntington Beach. SECTION 5. ADMINISTRATIVE LEAVE The City Attorney may place Vigliotta on Administrative Leave with full pay and benefits at any time during the term of this Agreement. SECTION b. TERMINATION AND SEVERANCE PAY. (a) Except as provided in subsection (b),in the event the City Attorney terminates the Employment of Vigliotta, and during such time that Vigliotta is willing and able to perform his duties under this Agreement,then City shall pay to Vigliotta a severance payment equal to salary payments which Vigliotta would have been receiving over a twelve week period at Vigliotta'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 Vigliotta secures health and medical insurance through attainment of comparable employment, 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 Vigliotta and Vigliotta's dependents at the time of such termination; however, no other or additional benefits shall accrue during this ninety (90) calendar day period. (b) Notwithstanding subsection (a) above,the following reasons shall constitute grounds to terminate the employment of Vigliotta without severance pay or the remedies outlines above: (i) a will full breach of this agreement of the willful and repeated neglect by Vigliotta to perform duties that he is required to perform; (ii) conviction of any criminal act relating to employment with City; (iii) conviction of a felony. (c) Prior to the time that the City Attorney terminates Vigliotta without severance pay for any of the reasons set forth above, and only in that case,the City Attorney shall provide Vigliotta with written notice of proposed termination which contains the reason and factual basis for such action. Within ten days of such notice,Vigliotta may request an opportunity to respond to the reasons and factual basis provided by the City Attorney. If such a request to respond is made,the City Attorney shall conduct a meeting,which may be informal in nature, at which Vigliotta may respond to the notice of proposed termination. At such meeting,Vigliotta may be represented by an attorney of his choice and present or information relevant to the reasons and factual basis set forth in the notice of proposed termination. Subsequently,the decision of the City Attorney as to whether reason set forth in Section (b)(i) exist or do not exist shall be final as between the parties. (d) In the event City at any time during the term of this Agreement reduces the salary of Vigliotta from its then current year level, except as part of an across-the-board reduction for all Non-Associated/non-represented employees of City, or in the event City refuses, following written notice,to extend to Vigliotta any non-salary benefits customarily available to all Non- Associated/non-represented employees, or in the event Vigliotta resigns following a suggestion, whether formal or informal,by the City Attorney that he resign,then,in those event,Vigliotta may, at his option,be deemed to be "terminated" at 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 Vigliotta to the City Attorney 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 Vigliotta exercises the option to be deemed terminated. (e) In the event Vigliotta voluntarily resigns his position,Vigliotta shall give City Written notice at least thirty (30) days prior to the last workday,unless the City Attorney and Vigliotta otherwise agree. Unless there is agreement to the contrary, if Vigliotta fails to provide such notice to the City Attorney, any right to accrued benefits for General Leave shall terminate. (f) It is understood that after notice of termination in any form,Vigliotta 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. PERFORMANCE EVALUATION The City Attorney shall review and evaluate in writing the performance of Vigliotta at least once annually. That review and evaluation shall be in accordance with specific criteria developed in consultation with Vigliotta and the City Attorney. Those criteria may be added to or deleted from as the City Attorney may from time to time determine, in consultation with Vigliotta. SECTION 8. PROFESSIONAL DEVELOPMENT City agrees to budget and pay for Vighotta's professional memberships as normally accorded to Non-Associated employees, including California State Bar dues and the requisite CLE training requirements.Vigliotta 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 Attorney,for the good of the City, and subject to budget limitations and to established travel policies and procedures. SECTION 9. FINANCIAL DISCLOSURE (a) Vigliotta shall report to the City Attorney any ownership interest in real property within the County of Orange, excluding personal residence. Also,Vigliotta shall report to the City Attorney any financial interest greater than Ten Thousand Dollars ($10, 000) in value in a firm doing work for City of from which City intends to make a purchase. Such reporting shall be made in writing by Vigliotta to the City Attorney 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,Vigliotta shall report in writing to the City Attorney 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. (b) In addition,Vigliotta shall annually complete and file a Form 700 Statement of Economic Interest with the City Clerk. SECTION 10. INDEMNIFICATION City shall defend and indemnify Vigliotta 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 Vigliotta's duties as an employee or officer of City, other than an action brought by City against Vigliotta or an action filed against City by Vigliotta. In addition, City shall pay the reasonable expenses for the travel, lodging, meals and lost work time of Vigliotta should Vigliotta be subject to such, should an action be pending after termination of Vigliotta. City shall be responsible for and have authority to compromise and settle any action,with prior consultation with Vigliotta and pay the amount of any settlement or judgment rendered on that action. Vigliotta shall cooperate fully with City in the settlement compromise,preparation of the defense, or trial of any such action. SECCTION 11. GENERAL PROVISIONS (a) The text herein, including recitals, shall constitute the entire Agreement between the parties. (b) This Agreement(as amended) shall become effective commencing December 20, 2014. (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. IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on It's behalf by its City Attorney, and Vigliotta has signed and executed this Agreement,both in duplicate,the day and year first above written. MICHAEL VIGLIOTTA: *analer N BEACH APPROVED AS TO FORM: C' y Attorney /61 TOn CITY OF HUNTIINGTON BEACH . CLASS SPECIFICATIONS 0�" �d TITLE: CHIEF ASSISTANT CITY ATTORNEY DATE: NOVEMBER, 2012 JOB CODE: NA0593 EMPLOYMENT STATUS: REGULAR FULL-TIME UNIT REPRESENTATION: NON-ASSOCIATED/NON-CLASSIFIED FLSA STATUS: EXEMPT DUTIES SUMMARY Under administrative direction of the City Attorney, supervises and oversees the operations of the City Attorney's office; manages the day-to-day activities, attorney and support staff DISTINGUISHING CHARACTERISTICS This classification 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 • Assists the City Attorney in administering the city's legal functions • Serves as senior counsel in handling serious, controversial and complex litigation and in providing advice and counsel to and on behalf of the City • Supervises professional and support staff; provides and coordinates staff training; works with employees to correct deficiencies; implements disciplinary actions and recommends termination procedures • Oversees all important litigation matters that encompass a variety of complex legal issues, including monitoring all phases of pretrial, trial and appellate work in state and federal courts and before administrative agencies • Analyzes and researches legal problems; prepares opinions; confers with and advises City officials, staff, departments, advisory bodies and commissions on legal questions pertaining to their respective powers, duties and functions and obligations • Monitors proposed legislation and court decisions related to municipal law and activities; evaluates the impact to City operations • Implements cost control procedures for outside counsel • Performs the duties of the City Attorney in the absence of the City Attorney; • Maintains effective and extensive professional relationships with representatives of other local, state and federal agencies Page 1 Item 15. - 12 xB -168- CITY OF'HUNTINGTON BEACH CLASS SPECIFICATION TITLE: CHIEF ASSISTANT CITY ATTORNEY DATE: NOVEMBER, 2012 • Performs other such legal duties consistent with the City Charter as may be required of him/her by the City Council The preceding duties have been provided as examples of the essential types of work performed by positions within this job classification. The City, at its discretion, may add, modify, change or rescind work assignments as needed. MINIMUM QUALIFICATIONS 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: Knowledge of: - City Codes, City Charter, and ordinances. - Organization, function, and legal limitations on the authority of various City departments and enforcement and procedural problems. - State and federal constitutional and statutory provisions relating to municipalities. - Accepted legal principles and court decisions. - Judicial procedure, rules of civil and criminal procedure, and rules of evidence. - Principles and practices of personnel management and supervision. - Principles of criminal and civil law. Ability to: - Develop alternative resolutions to problems and recommend a balanced use of legal and administrative approaches in resolving problems. - Analyze, appraise, and organize facts, evidence, and precedents and presents them in oral and written reports. - Review, discuss, and advise regarding legal policy issues. - Work cooperatively with other employees, customers, clients, and the public. - Demonstrate judgment in determining when to appeal, when to negotiate, and when to pursue major actions. - Produce documents written in the English language using proper sentence structure, punctuation, grammar, and spelling. - Perform a broad range of supervisory responsibilities over others. - Review and check the work of others to ensure accuracy. - Communicate orally with customers, clients, and the public using a telephone and in group and face-to-face, one-to-one settings. Page 2 HB -169- Item 15. - 13 CITY OF TON BEACH , z CLASS SPECl1F1CAON # ` Q, Y TITLE: CHIEF ASSISTANT CITY ATTORNEY DATE: NOVEMBER, 2012 Education: Graduation from a law school accredited by the American Bar Association with a Juris Doctorate degree. Experience: Five years of increasingly responsible experience in city or related government law, including trial experience, and two years of administrative or supervisory responsibility. License/Certification: Active membership in the State Bar of California. Valid California Driver's License PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS - Work involves detailed concentration for long periods of time in a modified office environment and sitting for extended periods. Employee accommodations for physical or mental disabilities will be considered on a case-by-case basis. Page 3 Item 15. - 14 xB -1 7o- RESOLUTION NO. 2014- 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING SALARY AND BENEFITS FOR NON-REPRESENTED EMPLOYEES WHEREAS, the City Council of the City of Huntington Beach desires to modify salary and benefits for non-represented employees upon adoption of this resolution, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. Salaries and benefits for Non-Represented employees shall be as reflected in Exhibit A, attached hereto and incorporated by this reference. 2. Except as modified herein existing benefits shall remain in effect. 3. Any resolution in conflict herewith, whether by minute action or resolution of the City Council heretofore approved, is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of July , 2014. M or REVIE D APPROVED: IN D: City strator i ctor of Human Resources . PROVED AS TO FORM: ity AtAney HB -1 7 1- Item 15. - 15 CS4LuTJd� �`iQ/ - NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT A - NON-ASSOCIATED EMPLOYEES PAY AND BENEFIT PROVISION................................................................................................... 1 SECTIONI PAY..............................................................................................................1 A. SALARY SCHEDULE................................................................................................. 1 B. DIRECT DEPOSIT..................................................................................................... 1 C. ASSIGNED VEHICLE/AUTO ALLOWANCE .................................................................... 1 1. Department Heads..................................................................................................................1 SECTION II — HOURS OF WORK/OVERTIME/TIME OFF............................................. 1 A. EXECUTIVE LEAVE................................................................................................... 1 B. FLEXIBLE AND ALTERNATIVE WORK SCHEDULES........................................................ 1 SECTION III — HEALTH AND OTHER INSURANCE BENEFITS...................................2 A. HEALTH INSURANCE................................................................................................2 1. Medical, Dental and Vision Insurance ...................................................................................2 2. City and Employee Paid Health Insurance............................................................................2 3. Medical Cash Out...................................................................................................................6 4. Section 125 Plan....................................................................................................................6 B. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE ...............................6 C. LONG-TERM DISABILITY INSURANCE.........................................................................6 D. CITY-PAID PHYSICAL EXAMINATIONS ........................................................................6 E. MISCELLANEOUS.....................................................................................................7 F. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL RETIREE SUBSIDY PLAN ..........................................................................................7 G. POST-65 SUPPLEMENTAL MEDICARE COVERAGE ......................................................7 SECTIONIV — RETIREMENT.........................................................................................8 A. BENEFITS.........................................................................................•....••...............8 1. Self-Funded Supplemental Retirement Benefit.....................................................................8 2. Medical Insurance for Retirees..............................................................................................8 B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTIONS AND REPORTING............8 1. Miscellaneous Unit Members.................................................................................................8 2. Safety Unit Members.............................................................................................................9 3. IRS Code 414(h)(2)...........................................................................................10 4. Pre-Retirement Optional Settlement 2 Death Benefit..........................................................10 5. Fourth Level of 1959 Survivor Benefits................................................................................10 6.. VEBA Plan Requirements..........................................................................................:.........10 SECTION V— LEAVE BENEFITS ................................................................................ 12 A. GENERAL LEAVE................................................................................................... 12 1. Accrual.......-........................................................................................................................12 2. Eligibility and Approval.........................................................................................................12 'to N/A Resolution Item 15. - 16 HB -172- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 3. Leave Benefit Entitlements..................................................................................................12 4. Conversion to Cash .............................................................................................................12 B. HOLIDAYS AND PAY PROVISIONS.............................................. ...... 13 C. SICK LEAVE.......................................................................................................... 13 1. Accrual.................................................................................................................................13 2. Credit.................................... ...................................................................................14 3. Usage...................................................................................................................................14 4. Payoff at Termination...........................................................................................................14 D. BEREAVEMENT LEAVE................................................................. .. 15 ........................ E. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM........................................ 15 SECTION VI - RETIREE SUBSIDY MEDICAL PLAN.................................................. 15 SECTION VII - MISCELLANEOUS............................................................................... 15 A. COLLECTION OF PAYROLL OVERPAYMENTS............................................................. 15 B. UNIFORMS AND CALPERS REPORTING .................................................................. 16 EXHIBIT 1 - NON-ASSOCIATED SALARY SCHEDULE.............................................. 17 EXHIBIT 2 - RETIREE MEDICAL PLAN ...................................................................... 19 EXHIBIT 3 - 9/80 WORK SCHEDULE..........................................................................23 EXHIBIT 4 -VOLUNTARY CATASTROPHIC LEAVE DONATION .............................25 Exhibit"A"to N/A Resolution HB -173- Item 15. - 17 NON-ASSOCIATED EMPLOYEES PAY AND BENEFIT PROVISIONS EXHIBIT A SECTION I — PAY A. Salary Schedule 1. All current Non-Associated employees shall receive the salaries as identified in Exhibit 1. 2. The City Council shall set the salaries of the elected executive management positions identified in Exhibit 1, at any rate within the designated salary range. 3. The City Manager is authorized to set the salaries of the non-elected executive management positions identified in Exhibit 1 at any rate at or below the control point of the designated salary range. The City Manager 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. B. Direct Deposit All Non-Associated employees are required to utilize direct deposit of payroll checks. C. Assigned Vehicle/Auto Allowance 1. Department Heads Appointed Department Heads and the City Clerk, City Treasurer, and City Attorney shall have the option of an assigned City 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. SECTION 11 — HOURS OF WORK/ TIME OFF A. Executive Leave Non-Associated exempt employees shall not be eligible for overtime compensation. Exempt department heads shall be credited with eighty (80) hours of executive leave per calendar year. B. Flexible and Alternative Work Schedules 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 3, 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 Item 15. - 18 ' NSA Rc,.1ud.. xB -174- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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 Manager or designee. 3. Alternative Work Schedule Non-associated employees may elect any alternative work schedule approved by the City Manager 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 Empioyee 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 beginning of 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. Exhibit"A"to N/A Resolution x8 -1 75- Item 15. - 19 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION i. Health Plan Employee and Employer Contributions Chart for Classifications in EXHIBIT 1 2014 Health Premiums and Contributions Effective 8/1/2014 Non-Associated t' EmAaffim ployer Employee Empl"oye Plan ,�F Tie a MQnthl Monthly Month 8� Weekly . Premium 9 R z contribution Contribution Contribution Single 455.36 340.76 114.60 52.89 Kaiser Two-Part 997.37 674.36 323.01 149.08 Famil 1,311.39 870.04 441.35 203.70 Single 587.00 340.76 246.24 113.65 Blue Shield HMO Two-Party 1,281,00 674.36 606.64 279.99 Family 1,657.00 870.04 786.96 363.21 y _ Single 629.00 450.48 178.52 82.39 Blue Shield PPO Two-Party 1,329.00 835,78 493.22 227.64 Family 1,647.00 1,014.31 632.69 292.01 some", 046 Single 65.00 45.02 19.98 9.22 Delta Dental PPO Two-Party 121.40 85.91 35.49 16.38 Family 160.00 122.18 37.82 17.46 Single 28.88 28.88 0 0 Delta Care HMO Two-Party 49.10 49.10 0 0 Family 75.10 75.10 0 0 Single 25.94 0 25.94 11.97 VSP Vision Two-Party 25.94 0 25.94 11.97 Family 25.94 0 25.94 11.97 Medical Opt-Out: $340.76 per month (or$157.27 bi-weekly) Employee and City Contributions subject to change as a result of contract negotiations ii. "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 Item 15. - 20 to N/A 11u.1ution HB -1 76- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION the mandated Public Employees' Medical and Hospital Care Act (PEMHCA) contribution. 2014 Health Premiums and Contributions Effective 8/1/2014 Non-Associated -Safety Employe , Emptayee ErnPloyee �s A �Month�y , E Plan 77,Monthly Monthly' i3i=Weekly `� �,� Premiums s f ri. ,z ContributionContrbution Co>r�tribution PERS Single 536.99� 340.76 196.23 90.57 Anthem HMO Select Two-Party 1073.98 674.36 399.62 184.44 Family g 1396.17 870.04 526.13 242.83 MINIM PERS Single 592.20 340.76 251.44 116.05 s Anthem HMO Two-Party 1184.40 674.36 510.04 235.40 Traditional Family _ 1539.72 870.04 669.68 309.08 PERS Single 543.21 340.76 202.45 93.44 Blue Shield HMO Two-Party 1086.42 674.36 412.06 190.18 Family 1412.35 870.04 542.31 250.30 M. In PERS Single 457.17 340.76 1 116.41 53.73 Blue Shield NetValue Two-Party 914.34 674.36 239.98 110.76 Family 1188.64 870.04 318.60 147.05 PERS Single 489.82 340.76 149.06 68.80 Health Net Two-Party 979.64 674.36 305.28 140.90 Salud y Mas Family 1273.53 870.04 403.49 186.23 2 PERS Single 568.51 340.76 227.75 105.12 Health Net SmartCare Two-Party 1137.02 674.36 462.66 213.54 Family 1478.13 1 870.04 608.09 280.66 .,' .k PERS Single 521.01 340.76 180.25 83.19 Unitedhealthcare Two-Party 1042.02 674.36 367.66 169.69 Family 1354.63 870.04 484.59 223.66 ..., R _ PERS Single 602.79 340.76 262.03 120.94 Kaiser Two-Party 1205.58 674.36 531.22 245.18 Family 1567.25 870.04 697.21 321.79 c--�"'Ra., h��rk� r-a�., :� s..:;rA�.,� <.:. �Y��.a��\��. . '�. '� ✓ `� '?a� ¢� E .�i"\� ' � t-',`^"� `.k'� 4;, .,�.. PERS Single 612.25 450.48 161.77 74.66 Choice Two-Party 1224.50 835.78 388.72 179.41 Family 1591.85 1014.31 577.54 266.56 . ,., �` PERS Single 586,32 450.48 135.84 62.70 Select Two-Party 1172.64 835.78 336.86 155.47 Family 1524.43 1014.31 510.12 235.44 Exhibit"A"to N/A Resolution HB _1 77- Item 15. - 21 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION VOR5w:ux Em 10 er E� ont"' p Y .�lte � _ titer " f premium x Monthly Mon hly B: Weekly 1F `Contr�but�an Contriaution.MContrbuon a�. PERS Single 638.22 450.48 .._, 187.74 86.65 Care Two-Party 1276.44 835.78 440.66 203.38 Family 1659.37 1014.31 645.06 297.72 it Single 634.00 450.48 183.52 84.70 PORAC Two-Party 1186.00 835.78 350.22 161.64 Family 1507.00 1014.31 492.69 227.40 w <- `'� '...,.� "� :�., �: ,.1�%r �4Pn..i,x,ri. .." •y i�i�'✓/.�rckn1K. � � X� Single 65.00 45.02 19.98 9.22 Delta Dental PPO Two-Party 121.40 85.91 35.49 16.38 Family 160.00 122.18 37.82 17.46 .. a .:� ..�.®.. _.�a'�-- Single 28.88 28.88 0.00 0.00 Delta Care HMO Two-Party 49.10 49.10 0.00 0.00 Family 75.10 75.10 0.00 0.00 \. Single 25.94 0.00 25.94 _ 11.97 VSP Vision -Two-Party 25.94 0.00 25.94 11.97 Family 25.94 0.00 25.94 11.97 Medical Opt Out Benefit: $340.76 per month (or$157.27 bi-weekly) Employee and City Contributions subject to change as a result of contract negotiations iii. Employees shall not be entitled to the difference between the employer contribution and the premiums for insurance plan(s) selected by the employee. iv. 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 and ii above. The City agrees to'increase the contribution toward monthly group medical by $100 per plan, per tier, effective January 1, 2015. The employee and employer contributions rates set forth in sections i and ii above shall remain in effect in 2015 and beyond unless otherwise modified by a successor Non-Associated Resolution. The City's contribution caps for dental and vision in effect as of August 1, 2014 shall not be increased. The City's contribution caps will remain in place, even if premium increases result in these additional costs being borne by the employee. Item 15. - 22'to N/A Resolution xB -1 78- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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 Human Resources), the employee may elect to discontinue City medical coverage and receive the monthly value of the City's contribution to the lowest cost employee-only medical plan paid bi-weekly. 4. Section 125 Plan Employees shall be eligible to participate in a City-approved Section 125 Flexible Spending Account Plan the same as all other eligible employees, as provided by IRS law. 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, 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). 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 Department. 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. Exhibit"A"to N/A Resolution xs -179- Item 15. - 23 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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. 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. Item 15. - 24-to N/A Resolution xB -180- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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. SECTION IV— RETIREMENT A. Benefits 1. Self-Funded Supplemental Retirement Benefit In the event a Non-Associated employee member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employees' Retirement law, the City shall pay the difference between such elected option and the unmodified allowance which the member would have received for his or her life alone as provided in California Government Code sections 21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the member (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. 2. 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.2.a above, the City will provide a financial contribution towards the cost of retiree medical premiums as described in Section VI. B. Public Employees' Retirement System Contributions and Reporting 1. Miscellaneous Unit Members a. The City shall provide all miscellaneous employees described as "classic members by the Public Employees' Pension Reform Act of 2013 — "PEPRA" with that certain retirement program commonly known and described as the "2.5% at age 55 plan" which is based on the retirement formula as set forth in the California Public Employees' Retirement System (PERS), Section 21354 of the California Government Code. b. Effective at the beginning of the pay period of July 19, 2014, following City Council approval of this MOU, all miscellaneous bargaining unit "classic members" shall pay to PERS as part of the required member retirement contribution eight percent (8%) of pensionable income. This provision shall not sunset at the end of this agreement. Exhibit"A„to N/A Resolution HB -1 s 1- Item 15. - 25 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION c. The City shall contract with PERS to have retirement benefits calculated based upon the "classic" employee's highest one year's compensation, pursuant to the provisions of Section 20042 (highest single year). d. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU. e. For"New" Members within the meaning of the California Public Employees' Pension Reform Act of 2013. 1) New Members shall be governed by the two percent at age 62 (2% @ 62) retirement formula set forth in Government Code section 7522.20. 2) Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member. 3) Effective January 1, 2013, "new" members as defined by PEPRA and determined by CalPERS, shall contribute one half (50%) of the normal cost as established by CalPERS. 2. Safety Unit Members a. The City shall provide all safety employees described as "classic" members by the Public Employees' Pension Reform Act of 2013 — "PEPRA" with that certain retirement program commonly known and described as the "3% at age 50 plan" which is based on the retirement formula as set forth in the California Public Employees' Retirement System (PERS), Section 21362.2 of the California Government Code. b. Effective at the beginning of the pay period of July 19, 2014, following City Council approval of this MOU, all safety employees described as "classic" members shall pay to PERS as part of the required member retirement contribution nine percent (9%) of pensionable income. This provision shall not sunset at the end of this agreement. c. The City shall contract with PERS to have retirement benefits calculated based upon the "classic" employee's highest one year's compensation, pursuant to the provisions of Section 20042 (highest single year). d.. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU e. For "New" Members within the meaning of the California Public Employees' Pension Reform Act of 2013. 1) New Members shall be governed by the two and seven tenths percent at age 57 (2.7% @ 57) retirement formula set forth in Government Code section 7522.25(d) Item 15. - 26"to N/A Resolution HB -182- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 2) Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member. 3) Effective January 1, 2013, "new" members as defined by PEPRA and determined by CalPERS, shall contribute one half (50%) of the normal cost, as established by CalPERS. 3. IRS Code Section 414(h)(2) The City has adopted the CalPERS Resolution in accordance with IRS Code section 414(h)(2) to ensure that both the employee contribution and the City pickup of the required member contribution are made on a pre-tax basis. However, ultimately, the tax status of any benefit is determined by the law. 4. 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. 5. 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. 6. VEBA Plan Requirements a. Eligibility Defined Effective December 23, 2009, all eligible Unrepresented Management Employees with 25 years of continuous service to the City of Huntington Beach will participate in the Plan. An eligible employee is an employee who works twenty (20) or more hours per week and receives benefits. b. Employee Contributions c. Leave Payout Each eligible unrepresented management employee shall designate all leave payouts to be rolled over to his/her VEBA Plan account based on the established range upon separation from City.employment. d. Participant Account A separate account is maintained for each contributing eligible unrepresented management employee, which documents the employee's contributions and disbursements. Contributions to a VEBA plan account as well as any disbursements to cover nonreimbursed, post-tax medical care expenses are both tax free. Eligible benefits subject to reimbursement by the Plan shall be limited to long-term care expenses and nonreimbursed medical premiums, co-pays, prescribed drug Exhibit"A"to N/A Resolution xB -183- Item 15. - 27 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION expenses and other medical care costs as that term is defined by the Internal Revenue Code Section 213. e. Administrative Fees Any Plan administrative fees will be deducted from interest on the total Plan investments. An eligible unrepresented management employee's Plan account is subject to a monthly administrative fee for expenses related to recordkeeping, claims processing, and claims reimbursement. The fee will first be deducted from interest on total plan investments, and then deducted, if necessary, from the employee's individual account. f. Dispute Resolution This Resolution and any disputes arising under or in connection with this Resolution shall not be subject to any dispute resolution procedures in the City's Personnel Rules, nor shall this Resolution and any such dispute relating thereto be subject to the jurisdiction of the City's Personnel Board for any reason whatsoever. g. Indemnification All Unrepresented Management Employees agree to indemnify and hold the City of Huntington Beach harmless against any claims made of any nature and against any suit instituted against the City arising from this Resolution, including, but not limited to, claims arising from an employee's participation in VEBA or from any salary reduction initiated by the City for VEBA contributions. Item 15. - 28°to N/A Resolution HB -184- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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: 1'earsof Service: t Anne General Leaved Biweekly General Leaved uxT Allowance _ ' :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 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, or Executive Leave for family or personal health issues. For more information on employee leave options contact the Human Resources Department. 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) general leave benefit hours per fiscal year. The employee shall give payroll two (2) weeks advance notice of their decision to exercise such option. Exhibit"A"to N/A Resolution HB -185- Item 15. - 29 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION c. One Week Minimum Vacation Requirement The City Manager 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. 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 beginning of the pay period prior to the employee's last day of employment. B. Holidays and Pay Provisions 1. 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. C. Sick Leave 1. Accrual No employee shall accrue sick leave. Item 15. - 3 0"to N/A Resolution HB -l 8 6- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 2. Credit Employees assigned to Non-Associated shall carry forward their sick leave balance and shall no longer accrue sick leave credit. 3. Usa-ge 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. Payoff at Termination a. Non Associated employees with continuous service with the City since November 20, 1978, shall be entitled to the following sick leave payoff plan: At involuntary termination by reason of disability, or by death, or by retirement, employees shall be compensated at their then current rate of pay for seventy-five percent (75%) of all unused sick leave accumulated as of July 1, 1972, plus fifty percent (50%) of unused sick leave accumulated subsequent to July 1, 1972, up to a maximum of seven hundred and twenty hours (720) of unused, accumulated sick leave, except as provided in paragraph V.C.5.d below. Upon termination for any other reason, employees shall be compensated at their then current rate of pay for fifty percent (50%) of all unused accumulated sick leave, up to a maximum of 720 hours of such accumulated sick leave. b. Non-Associated employees hired after November 20, 1978 shall be entitled to the following sick leave payoff plan: Upon termination, all employees shall be paid, at their then current salary rate, for twenty-five percent (25%) of unused, earned sick leave to 480 hours accrued, and for thirty-five percent (35%) of all unused, earned sick leave in excess of 480 hours, but not to exceed 720 hours, except as provided in paragraph V.C.2.c below. c. Except as provided in paragraph V.C.5.d below, no Non-Associated employee shall be paid at termination for more than 720 hours of unused, accumulated sick lave. However, employees may utilize accumulated sick leave on the basis of"last in, first out," meaning that sick leave accumulated in excess of the maximum for payoff may be utilized first for sick leave, as defined in Personnel Rule 18-8. d. Non-Associated employees who had unused, accumulated sick leave in excess of 720 hours as of July 5, 1980, shall be compensated for such excess sick leave remaining on termination under the formulas described in paragraphs V.C.5.a and b above. In no event shall any employee be compensated upon termination for any accumulated sick leave in excess of the "cap' established by this paragraph (i.e., 720 hours plus the amount over 720 hours existing on July 5, 1980). Employees may continue to utilize sick leave accrued after that date in excess of such "cap" on a "last in, first out" basis. To the extent that any such "capped" amount of excess sick leave over 720 hours is utilized, the maximum compensable amount shall be correspondingly reduced. (Example: Employee had 1,000 hours accumulated. Six months after July 5, 1980, employee had accumulated another 48 hours. Employee Exhibit"A"to N/A Resolution HB -1 s 7- Item 15. - 31 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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 4. 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 2. Employees hired on or after December 1, 2009, shall not be eligible for this benefit. SECTION VII — 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 employment separation if the last payroll check does not sufficiently cover the amount due the City. It shall be the responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error. The City reserves the right to also collect compensation overpayments caused by or the result of misinterpretation of a pay provision by non-authorized personnel. The interpretation of all pay provisions shall be administered by the City Manager or designee and as adopted by the City Council. Unauthorized compensation payments shall not constitute a past practice (1/03/05). Item 15. - 32 to N/A Resolution HB -188- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION B. Uniforms and CalPERS 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 (Ca1PERS) 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). Exhibit"A"to N/A Resolution FIB _1 gg_ Item 15. - 33 EXHIBIT 1 NON-ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE EFFECTIVE JULY 19,2014 3.75%Increase(1.75%for Police Chief) Job No. Description Pay Starting Control High Grade Point Point Point EXECUTIVE MANAGEMENT 0591 City Manager NA0591 NA NA 123.31 DEPARTMENT HEADS 0592 Assistant City Manager NA0592 82.49 91.81 102.19 0009 Director of Building&Safety NA0009 71.74 79.85 88.87 0014 Director of Community Services NA0014 71.74 79.85 88.87 0008 Director of Economic Development NA0008 71.74 79.85 88.87 0574 Director of Human Resources NA0574 71.74 79.85 88.87 0479 Director of Information Services NA0479 71.74 79.85 88.87 0007 Director of Library Services NA0007 67.23 74.82 83.29 0589 Director of Planning/Building NA0589 77.69 86.48 96.25 0010 Director of Public Works NA0010 77.69 86.48 96.25 0518 Director of Finance NA0518 77.69 86.48 96.25 0015 Fire Chief NA0015 82.49 91.81 102.19 0011 Police Chief NA0011 82.49 91.81 102.19 ELECTED OFFICIALS 0016 City Attorney NA0016 96.29 107.17 119.28 0017 City Clerk NA0017 67.23 74.82 83.29 ELECTED OFFICIALS PART-TIME 0018 City Treasurer-*PART-TIME NA0018 1 71.74 1 79.8 11 5 1 88.87 *Annual Salary Not,to Exceed$49,800 CONTRACT NON-DEPARTMENT HEAD Job No. Description Pay A B C D E Grade 0593 Chief Assistant City Attorney NA0593 62.08 65.50 69.10 72.89 76.90 Item I5. - 34 HB -190- EXHIBIT 1 NON-ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE EFFECTIVE SEPTEMBER 27,2014 2.0%Increase Job No-T Description Pay Starting Control High Job No. Description Grade Point Point Point EXECUTIVE MANAGEMENT 0591 City Manager NA0591 NA NA 125.77 DEPARTMENT HEADS 0592 Assistant City Manager NA0592 84.14 93.64 104.24 0009 Director of Building&Safety NA0009 73.18 81.44 90.65 0014 Director of Community Services NA0014 73.18 81.44 90.65 0008 Director of Economic Development NA0008 73.18 81.44 90.65 0574 Director of Human Resources NA0574 73.18 81.44 90.65 0479 Director of Information Services NA0479 73.18 81.44 90.65 0007 Director of Library Services NA0007 68.57 76.32 84.96 0589 Director of Planning/Building NA0589 79.24 88.21 98.17 0010 Director of Public Works NA0010 79.24 88.21 98.17 0518 Director of Finance NA0518 79.24 88.21 98.17 0015 Fire Chief NA0015 84.14 93.64 104.23 0011 Police Chief NA0011 84.14 1 93.65 1 104.23 ELECTED OFFICIALS 0016 City Attorney NA0016 98.22 109.32 121.67 0017 City Clerk NA0017 68.57 76.32 84.96 ELECTED OFFICIALS PART-TIME 0018 City Treasurer-*PART-TIME NA0018 73.18 81.44 90.65 WL Arumiu to a ., _.. .. CONTRACT NON-DEPARTMENT HEAD Job No. Description Pay A B C D E Grade 0593 Chief Assistant City Attorney NA0593 63.33 66.81 70.48 74.35 78.44 xB -191- Item 15. - 35 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT 2 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 Eligibility 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. Employees hired on or after December 1, 2009 shall not be eligible for this benefit. 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. Marital Status — Married retirees eligible for benefits under the Retiree Medical Subsidy Plan may each receive the benefit earned pursuant to Section 4 — Item 15. - 36.,to N/A Resoludon 14B -192- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION Maximum Monthly Subsidy Payments, whether enrolled individually as the plan enrollee or whether enrolled as a dependent on any City-sponsored medical plan. a. In the case where a retiree is married to a City employee (active or retired) who is not an unrepresented/non-associated employee or retiree, this provision shall remain applicable. b. This provision shall apply to State of California registered domestic partners the same as married spouses. 4. Maximum Monthly Subsidy Payments 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: Year`s of Service Subsidy mow; 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 Exhibit"A"to N/A Resolution HB -193- Item 15. - 3 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION MISCELLANEOUS PROVISIONS A. Eli ibilit : 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 Human Resources 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 any medical plan offered by the City to active and/or retired unrepresented/non-associated employees and retirees. 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. Any other employee benefit plan. c. Any other commercially available benefit plan. d. Medicare supplements D. Medicare: 1. All persons are eligible for Medicare coverage at age 65. Those with sufficient credit quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age 65, but will have to Item 15. - 38'to N/A Resolution HB -194- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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. 4. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (64) days shall be terminated from the Plan and shall not have reinstatement rights. Exhibit"A"to N/A Resolution HB -l g;- Item 15. - 39 NON-ASSOCIATED EMPLOYEE PAY AND BENEFIT PROVISIONS EXHIBIT 3 -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 Manager 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: PIS A(V! PM AM P1VI F Schedule 4 4 - - 9 �9Y^ 9 9 - - - - 9 9 9 9 4 4 B Schedule - - - - 9 9 9 9 4 4 - - 9 9 9 9 - - Item 15. - 40 N/A Resolution xB -196- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION D. A/B Schedule Changes FLSA exempt employees may change A/B schedules at the beginning of any pay period with supervisor or City Manager 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 Manager, or designee may require such service from any of said employees. 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. T. General Leave—As stated in the Non-Associated Resolution. 2. Sick Leave—As stated in the Non-Associated Resolution. 3. Executive Leave—As stated in the Non-Associated Resolution. 4. Bereavement Leave —As stated in the Non-Associated Resolution. 5. Holidays - As stated in the Non-Associated Resolution. 6. 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. Exhibit"A"to N/A Rcsolution HB -197- Item 15. - 41 , NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT 4 -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. 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. Item 15. - 42.,t,N/A Resdai.n HB -198- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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 Department with questions regarding employee participation in this program. Elxhibit"A"to N/A Resolution xB -199- Item 15. - 43 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. ._ . ...... ... (Name: (Please Pnnt or Type: Last, First, MI) Work Phone: ]Department: __ ......_ ob Title: Employee ID#: 3 .'Requester Signature: Date: f (Department Director Signature of Support: =Date: urrian Resources esartinent Use Only y` ;v a \ „ r. End vratioa>`late will bntlge tom donation ate" Long Term Disabrlrty Medical Retirement beginning _ z 0 Length of FMLA.leave�endirg � a. k Return to worky h, k£ # . Y..M4.t:s.;H ��',� ,?`k Yx� � (Human Resources D�recto�-Slgr�ature ate signed r Please submit this form to the Human Resources Department. Item 15. - 447to N/A Resolution HB -200- I 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) ork Phone: i Donor Job Title: 7 I Type of Accrued Leave: "Number of Hours I wish to Donate: '❑ Vacation Hours of Vacation i ❑ Compensatory Time Li Hours of Compensatory Time I 1❑ General Leave ( Hours of General Leave 1 ..._.............._......_.__..._._..__-..............._............_. . 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: I J Please submit to the Human Resources Department. Exhibit`A"to N/A Resolution HB -201- Item 15. - 45 Res. No. 2014-106 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an Regular meeting thereof held on December 15, 2014 by the following vote: AYES: O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson NOES: None ABSENT: Posey ABSTAIN: None City ark and ex-officio Prerk of the City Council of the City of Huntington Beach, California