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HomeMy WebLinkAboutSean Crumby - 2020-08-03 City of Huntington Beach File #: 20-1729 MEETING DATE: 7/6/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Travis Hopkins, Assistant City Manager Subject: Approve the appointment of Sean Crumby to the position of Public Works Director and authorize the City Manager to execute the Employment Agreement Statement of Issue: The City's Public Works Director position has been vacant since May 2019. To fill this critical leadership role, a national recruitment was conducted. Based on a thorough vetting process, which included a screening interview, panel interview, interviews with the City Manager and Assistant City Manager, and background and reference checks, the City Manager is recommending the appointment of Sean Crumby to the position. Financial Impact: Funding for this position is included in the FY 2020/21 budget. Recommended Action: Approve and authorize the City Manager to execute the "Employment Agreement Between the City of Huntington Beach and Sean Crumby" for the position of Public Works Director. Alternative Action(s): Do not approve the appointment of Sean Crumby to the position of Public Works Director, and direct the City Manager to re-launch a national recruitment. Analysis: The position of Public Works Director has been vacant since May 2019, after the former Public Works Director, Travis Hopkins, served as the Acting Assistant City Manager and in December 2019, appointed as the Assistant City Manager. Since that time, City Engineer Tom Herbel has served as the Acting Public Works Director. In order to fill this department head vacancy, the City Manager authorized Human Resources to launch the recruitment for the Public Works Director in April 2020. The City received 43 applications for the position. Eight (8) individuals were selected form the applicant pool for an extensive City of Huntington Beach Page 1 of 2 Printed on 7/1/2020 powered%LegistarT"' File #: 20-1729 MEETING DATE: 7/6/2020 screening process and screening interview. The top five (5) candidates were invited to an interview panel comprised of members of the City's Executive (Department Head) team, which recommended three (3) finalists. The City Manager and Assistant City Manager conducted final interviews with each of the finalists. After full and deliberate consideration, the City Manager recommends City Council approval to appoint Sean Crumby to the position of Public Works Director, effective August 3, 2020. Mr. Crumby has 25 years of both private and municipal public works and civil engineering experience, spending the past two decades in local government. In the private sector, he worked as a Civil Engineer in two consulting firms that partnered with a variety of government agencies on public works projects. In the government sector, Mr. Crumby has experience working in four Southern California cities. Mr. Crumby has served in a variety of public works roles for the City of Long Beach since 2015. He currently serves in dual roles as both the Deputy General Manager/ Director of Engineering for the Long Beach Water Department and the Bureau Manager of Engineering for the Long Beach Energy Resources Department. In addition, Mr. Crumby also served Long Beach as Deputy Director of Public Works / City Engineer. Mr. Crumby previously served as the Public Works Director for the cities of Seal Beach and Stanton, and also has experience working for the City of Newport Beach. He is a Registered Civil Engineer and holds a Bachelor's Degree in Civil Engineering from the University of Nevada. The contractual compensation is recommended at Non-Associated/Executive Management Pay Grade NA 0010 at step E ($100.13 hourly). The annual salary is $208,270. All other benefits provided are applicable for Non-Associated employees (department heads) hired after 12/27/1997, as set forth in Huntington Beach City Council Resolution No. 2016-50. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain high quality City services Enhance and maintain infrastructure Attachment(s): 1. Public Works Director Recruitment Brochure 2. Sean Crumby Resume 3. Employment Agreement City of Huntington Beach Page 2 of 2 Printed on 7/1/2020 powered-Ni LegistarTI CITY OF HUNTINGTON BEACH , CALIFORNIA D *irector • 1c Works rj � ya Ilk ZtJNTN a j The community's 35 elementary schools and five public high *- schools frequently receive local,state,and federal awards �. and honors,including recognition as California Distinguished Schools and National Blue Ribbon Schools.Golden West i ! College,a community college,is also located in the City. Orange Coast College;the University of California,Irvine;and California State Universities at Long Beach and Fullerton also provide convenient proximity to higher education. Huntington Beach is an extremely diversified business community.No single business or industry dominates the local economy,which supports leading commercial, industrial,and recreational industries with a diverse economic base from tourism and leisure to aerospace,high technology, and manufacturing. THE COMMUNITY To learn more about the City of Huntington Beach,please The City of Huntington Beach is located in northwestern visit www.huntingtonbeachca.gov. Orange County 35 miles southeast of Los Angeles and 90 miles northwest of San Diego.The City encompasses 28 CITY GOVERNMENT square miles of land and 26 square miles of water,making it the 24th largest city in California.With a population of about Huntington Beach was incorporated as a Charter City in 202,265 residents,Huntington Beach is the fourth largest 1909 and operates under the Council/Manager form of populous city in Orange County. government.A seven-member City Council serves as the Known as"Surf City,"Huntington Beach features nearly 8.5 governing body.Members are elected at-large to four-year miles of spacious beaches.The City hosts an annual visitor overlapping terms.City Council members are limited to two population of over 4 million people,especially during the consecutive terms.The City Attorney,City Clerk,and City summer,and features numerous large-scale special events, Treasurer are also elected and serve four-year terms.The surf competitions and festivals.Even with its swell of visitors, Mayor and Mayor Pro-Tern roles are designated on a rotating Huntington Beach has been listed for decades as among basis. the FBI's safest cities in the nation.In 2019,WalletHub ranked The City's 12 major departments include the City Attorney, Huntington Beach as#5 in their"TopTen Happiest Cities in City Clerk,City Treasurer,City Manager,Community the US" Development,Community Services,Finance,Fire,Information Huntington Beach has one of the largest recreational piers Services,Library Services,Police,and Public Works.The City in the world and has the longest concrete pier in California. is supported by 986.25 FTE and a General Fund budget of The City is home to a thriving beach community and $231.6 million(total budget$381 million).Huntington Beach is consistently named as one of the top ten beaches in maintains a"AAA"credit rating. California.Running parallel to Pacific Coast Highway and just steps from the ocean is an eight-mile strand perfect for One HB biking,inline skating,jogging,or a leisurely stroll. One Team, One Focus, One Goal... Huntington Beach boasts a wide variety of municipal amenities.It has a world-class Central Library with four One Team branch libraries.The City's park system includes 76 public We are one team... working together to serve the parks(including a dog park),riding stables,and the largest people of Huntington Beach exceptionally to inspire city-owned and operated regional park in Orange County— pride in our community. the 356-acre Huntington Central Park.Residents enjoy five One Focus recreation centers(including a senior center),three miles of We have one focus... to stay fanatical about achieving equestrian trails,two golf courses,72 tennis courts,a marina, municipal excellence by being active caretakers of our and a protected wildlife preserve. unique,people-centric HB culture. Huntington Beach draws some of the largest crowds in One Goal the world for its popular events,including the U.S.Open of We have one goal... to ensure that HB continually Surfing,Van's World Championship of Skateboarding,AVP Pro improves its standing as a premier coastal community Beach Volleyball,the Surf City Marathon,and the Great Pacific as measured through the health of our people,our Air Show.It's also home to the International Surfing Museum, organization,our infrastructure,and our community. the Surfing Walk of Fame,the Bolsa Chica Ecological Reserve, and the Huntington Beach Art Center. a reputation for advancing activities that support a collective vision and enhance community pride. An inspiring and hardworking leader who has mastered the art of helping others see what's possible,the ideal candidate will be of the highest integrity and considered a role model _ in the profession.This person will have the ability to approach day-to-day operations with an optimistic can-do attitude and a constant eye toward results and continuous improvement. Familiarity with technology and tools that support i contemporary business practices and maximum efficiency, coupled with a track record that reflects data-driven decision making and the delivery of exceptional outcomes,will be expected.Proven success with modernizing systems and PUBLIC WORKS DEPARTMENT processes and other significant change efforts will also be considered favorably. Huntington Beach's Public Works Department delivers a wide The individual selected will be a unifying mentor and team range of vital services to the community as well as other internal departments.With the assistance of 207 FTE,Public builder who prioritizes people and the needs of the team Works is responsible for the planning,construction,operation, above personal ambitions.Known for being enthusiastic and maintenance of City-owned infrastructure,including about people and their work,this person will also bean outstanding people manager capable of fostering an buildings,streets,parks,landscaping,flood control,beach facilities and utilities.The Department also operates and inclusive culture that is also characterized by high standards, maintains essential services such as water,sewer,drainage, accountability,and trust.The ideal candidate will be a highly and traffic control systems 24 hours-a-day.The Director will engaged and motivating manager who is generous with oversee an annual operating budget of$112.6 million and a recognition and feedback,and supportive of innovation and FY 2019-20 CIP of$46.6 million.The City Charter requires that problem solving at the lowest level.This person will know 15%of General Fund revenues be spent on infrastructure how to foster healthy internal debates to arrive at the best based on a five-year rolling average. outcomes as one cohesive team. The Department currently consists of six divisions that are Driven by an obsession for the delivery of exceptional each comprised of several sections: outcomes,the ideal candidate will convey a sophisticated understanding of external as well as internal customer • Administration Division:Provides general planning and needs and concerns.This individual will exhibit tremendous management,policy direction,and program evaluation for initiative and have a history that demonstrates the ability the Department to address challenges with courage and confidence. • Engineering Division:Construction,Design,and Department heads in Huntington Beach are expected to be Development Engineering;Water and Sewage and Storm resilient problem solvers and have an admirable ability to Water Quality,Capital Project Section adapt while maintaining forward momentum. • General Services Division:Code Enforcement,Fleet Competitive candidates will possess at least five(5)years Maintenance,Facility Maintenance of experience in public sector management,preferably in • Maintenance Operations Division:Maintenance public works,and a Bachelor's degree in Public or Business Administration,Landscape Maintenance,Tree Administration,Engineering,or a related field. Maintenance,Street Maintenance,Beach Maintenance • Transportation Division:Traffic Engineering,Signal and Lighting Maintenance,Signs and Markings Maintenance _ • Utilities Division:Water and Sewage Administration, Water Production/Quality,Water Distribution/Meters, Wastewater THE IDEAL CANDIDATE The City of Huntington Beach is seeking a future-focused public works professional with a relentless passion for excellence.The ideal candidate will be excited about the opportunity to lead a multi-faceted department in one of the nation's most desirable,premier coastal communities. _ Considered a visionary in the industry,this individual will have 4 �� ji t APPLICATION & SELECTION PROCESS a The closing date for this recruitment is midnight on May 25, F 2020.To be considered for this opportunity,upload cover letter,resume,and list of six professional references using the "Apply Now"feature at www.tbcrecruiting.com. u Tina White•619.948.1786 Teri Black•424.296.3111 TERI BLACK&COMPANY,LLC An impressive and consistent performance record of capital www.tbcrecruiting.com project management and delivery will also be expected. Previous or current experience in a comparable organization will be considered favorably.A combination of public and 91 U R private sector experience is acceptable. Following the closing date,resumes will be screened in relation to the criteria articulated in this brochure.Applicants COMPENSATION & BENEFITS with the most relevant qualifications will be granted preliminary interviews by one of the consultants.Candidates The salary range for the Director of Public Works is$168,105 deemed to be the best qualified will be invited to interview -$208,270,and placement within this range is dependent in Huntington Beach mid-June,and may be conducted upon qualifications and experience.The City of Huntington virtually,pending COVID-19 shelter in place restrictions. Beach also offers an attractive benefits package that includes: The City Manager anticipates making an appointment shortly Retirement—The City participates in the California Public thereafter,following the completion of thorough background Employees Retirement System (CalPERS) under a 2.5%@ 55 and reference checks.Please note that references will not Miscellaneous benefit formula for Classic Members;Members be contacted until the end of the process and,at that time, will be done so in close coordination with the candidate contribute the 8%employee share.New Members are under impacted.The City of Huntington Beach reserves the right a 2/o @ 62 miscellaneous benefit formula and contribute to alter the interview and selection process in response to the a 6.25/o employee share.The City does not pay into Social evolving im acts oftheCDVID-19 virus. Security;however,all employees pay 1.45%towards 9 p Medicare. Insurance—Health(medical/dental/vision),life,and disability insurance is provided by the City.IRS Section 125 medical and dependent care reimbursement plan(FSA)is available. Deferred Compensation—Two voluntary deferred compensation 457 plans available. " Group Life Insurance—The City offers$50,000 of life insurance coverage,with employee option to purchase additional life insurance. General Leave—General leave with pay of 176 hours per 4 year is granted to regular employees.Additional general leave hours are earned after four years of service,up to 256 hours after fifteen years'service. Executive Leave—80 hours per calendar year. Holidays—Ten paid holidays are provided per calendar year. Flexible Spending Accounts—Available where employees 1 use pre-tax salary to pay for regular childcare,adult dependent care,and/or medical expenses. SEAN CRUMBY, P.E. PROFILE: Highly seasoned Professional Engineer and Government professional with a proven track record. Twenty-Five years of experience In public works with twenty focused on local city government. Accomplished leader with proven talent for setting direction and managing resources to maximize productivity,anticipate challenges and attain deliverables on-time and within budget. PROFESSIONAL EXPERIENCE Deputy General Manager/Director of Engineering ] Long Beach Water Department, CA August'18—Present As the DGM/CE, I have been responsible for management of the Engineering Bureau within LBWD consisting of 39 full time employees. The bureau delivers the LBWD Capital Program(averages$30M annually),manages development activity and the department's GIS system. The infrastructure for the department includes a domestic water system, a reclaimed water system, and a sewer collection system. Bureau Manager of Engineering I Long Beach Energy Resources Department, CA August'18—Present As the BME, I have been responsible for management of the Engineering Bureau within LBER consisting of 38 full time employees. The bureau delivers the LBER Capital Program(averages$10M annually), manages development activity and the department's GIS system. The infrastructure includes all-natural gas infrastructure required for delivery to the Cities of Long Beach and Signal Hill (approximately 490,000 residents). Deputy Director of Public WorkslCity Engineer] City of Long Beach, CA August'15—August'18 As the DDPWICE, I was responsible for management of.the Engineering Bureau within the Public Works department. Some of the responsibilities of the bureau include overseeing preparation and delivery of the capital improvement program, management of numerous environmental programs, management of private development's impact to the public right of way. Several critical successful initiatives and projects that have occurred during this period are as follows: • Assuming leadership in a Bureau that had 40% vacancies upon arrival (and had been at that level for multiple years). Vacant positions (many critical)were all filled including numerous critical leadership positions such as City Traffic Engineer, Assistant City Engineer, Construction Services Officer, Project Management Officer, Stormwater Officer, etc. • Re-organization of the bureau. The Bureau had contracted through the recession to the extent that some core activities were being neglected. A reorganization was performed to re-establish these core functions, with teambuilding, training of staff, and setting of expectations. • Delivery of over$100 million in Capital Improvement Projects per year. Numerous projects have been complex in nature and have won awards. Several high-profile projects include the Chittick Field, Michelle Obama Library, DeForest Wetlands Restoration, and Colorado Lagoon Restoration. • Measure A (Local Sales Tax): Lead staff providing technical support to local tax measure for infrastructure investment. Staff cannot advocate for or against a ballot measure. My role was to provide factual information. • Completion of numerous first ever master planning documents including: Pavement Management Plan, Facilities Master Plan, and Storm Drain Master Plan. The bureau is comprised of five divisions: Design,Traffic/Transportation,Construction Management, Project Management, and Stormwater. The divisions work collaboratively to deliver a capital improvement program of over $100M annually, administers the City's NPDES program, issues permits (encroachment, grading, etc.), supports private development, and support the other departments of the City. DIRECTOR OF PUBLIC WORKS I CITY OF SEAL BEACH,CA APRIL'10—AUGUST'15 As the director of Public Works, I managed the public works department, which oversees infrastructure and physical assets comprised of: • Street system:Streets, traffic signals, and street trees, • Domestic Water System: Wells, distribution system, and meter reading • Sewer Collection System: collection system(no treatment), • Storm Drain System: Surface drainage, pump stations, and regulatory functions Building facilities: 37 City Buildings • Parks: 30 City Parks • Beach and Pier: The department manages the City's coastline and a 1150-foot timber Pier. • Fleet: Managed the fleet and equipment for every department of the City. • Transportation System: The Department manages a small Transit System. The department is comprised of an engineering and utilities/maintenance division. Both divisions work collaboratively to deliver a capital improvement program that has averaged approximately $12-15M annually, administer the City's 84 environmental programs (NPDES, FOG, AB939, etc.), manage numerous maintenance programs, issue permits, support private development, and support other departments of the City. Some of those maintenance programs include landscape maintenance, tree trimming, fleet, facilities, streets, traffic signals, lighting, etc. The director role includes management of the department, communication with the City Manager and City Council, development of staff, and representation of the city in numerous regional events and organizations. Assistant City Manager/Director of Public Works I CITY OF SEAL BEACH, CA APRIL'l 1 —DEC'12 Assist the City Manager with the following divisions: Human Resources, Risk Management, Information Technology, Franchise Agreements, and Community Services. This included running the Parks and Recreation Commission. Several accomplishments that I am proud of include: • Emergency response to Salon Meritage Shootings, • Represent City of Seal Beach on Chamber of Commerce Board of Directors, Incorporation of several green initiatives including: City operated Electric Vehicle Charging Stations,Energy Efficiency Upgrades to City Facilities,and investigation into an ordinance to ban plastic bags • Lead Staff for Oversight Board to Successor Agency to the Seal Beach Redevelopment Agency. • Lead negotiator with labor groups. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER I CITY OF STANTON, CA AUGUST'07—APRIL'10 Responsibilities include management of the Public Works Department. This included both an engineering and maintenance division. Some of the key accomplishments were as follows: • Engineering: The department delivered 10 years' worth of backlogged Capital Improvements in addition to the annual workload valued at over$40 million. Won several awards for projects from APWA(American Public Works Association) and CPRS (California Parks and Recreation Society). The department also managed several contracted services including solid waste (including AB 939 reporting), street sweeping, NPDES, etc. • Maintenance: The department maintained the City's right of way, facilities, parks, graffiti abatement, and sewer collection system, and provided support for the city. In '09, the City reduced expenditures due to the economy, and public works reduced impact to the General Fund by 40%, without reduction of staff or furloughs. The City was extremely dependent upon the Redevelopment Agency and future reductions were coming. In '10, 33% of the its non-public safety workforce was laid off. I had an opportunity to move on and save a job.The Deputy Director was promoted and successfully transitioned to Director. DEPUTY CITY ENGINEER I CITY OF SEAL BEACH, CA October'05—August'07 I managed the engineering division of the department. The division delivered the Capital Improvement Program(CIP), handled development engineering, managed several maintenance services, managed the city's NPDES,FOG,&WDR programs,maintained the GIS system, and issued permits. The CIP included the city's water, sewer, storm drain, streets, traffic signals, building/facilities, and the Beach/Pier. During this period, the CIP was valued at$24 million, with the largest project being demolition and construction of a bridge over the San Gabriel River. This time also included the largest private development period in the City's history. CIVIL ENGINEER I CITY OF NEWPORT BEACH November '00—October'05 I produced and worked with consultants producing PS&E packages on a variety of Public Works projects involving street rehabilitation, utilities, drainage, etc. Some of my other duties included overseeing the City's Pavement Management Program, fielding resident inquiries/complaints,and managing construction projects. I gained a wide range of valuable experience not only in engineering,but also in working with consultants, residents, surveyors,architects, and right of way issues. CIVIL ENGINEER I Tetra Tech, ASL January'99—November'00 I worked as a consultant producing Plans, Specifications,and Estimates on Public Works projects. My responsibilities included design, working with staff, sub-consultants, surveyors, and meeting with clients. Some of the agencies that I worked for include Caltrans, the cities of Laguna Beach, Laguna Niguel, Rancho Cucamonga, Palm Desert, and Indian Wells. CIVIL ENGINEER I Harding Lawson Associates June '95—January '99 1 worked as a design engineer first implementing pavement management systems for various cities,counties, and military installations. Additionally,time was spent working with Harding Lawson's Civil Design Team on a variety of projects related to roadways,water mains, erosion control,and site design. I worked with numerous agencies primarily in Nevada and Northern California. The employment with Harding Lawson concluded as an opportunity arose with Tetra Tech to relocate to California. CREDENTIALS Bachelor of Science, Civil Engineering I University of Nevada Registered Civil Engineer I State of California I RCE#65087 85 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SEAN CRUMBY THIS AGREEMENT is entered into this 6th day of July, 2020, between the City of Huntington Beach, a California municipal corporation, hereinafter"City," and Sean Crumby, hereinafter "Crumby." WITNESSETH WHEREAS, the City Manager has been empowered to appoint and remove department heads; and WHEREAS,the City,through the City Manager, desires to employ the services of Crumby as the Director of the Public Works Department of the City of Huntington Beach; and WHEREAS, the City seeks to provide certain benefits, establish certain conditions of employment, and to set working conditions of Crumby; and WHEREAS,the City intends to: (1) Secure, retain, and employ the services of Crumby; and (2) Provide a means for terminating Crumby's service; and (3) Crumby accepts employment as the City's Public Works Director; NOW, THEREFORE,in consideration of the mutual covenants herein contained, the parties agree as follows: Sean Crumby Director ofPublic Works Employment Agreement 86 Sean Crumby—Director of Public Works Employment Agreement July 6,2020 Page 2 of 9 SECTION 1. DUTIES. The City agrees to employ Crumby as Public Works Director 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 duties and functions as the City Manager shall from time to time assign. Crumby 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) Crumby shall serve for an indefinite term at the pleasure of the City Manager 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 Manager to terminate the employment of Crumby at any time, subject only to the provisions set forth in Section 6, subparagraphs (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 Crumby to resign at any time from his position with the City, subject only to the provisions set forth in Section 6, subparagraph(d), of this Agreement. (d) Crumby agrees to remain in the exclusive employ of City for an indefinite period of time and shall neither accept other employment nor become employed by any other employer without the prior written approval of the City Manager until notice of Crumby's 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 Crumby's time off, and with the advance approval of the City Manager. 87 Sean Crumby—Director of Public Works Employment Agreement July 6,2020 Page 3 of 9 SECTION 3. SALARY. City agrees to pay Crumby for his services rendered pursuant to this Agreement at Range NA0010, Step E ($100.13/hourly) 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, Crumby shall also receive all such other benefits that are generally applicable to non-associated employees (Department Heads) hired after 12/27/97, as set forth in Huntington Beach City Council Resolution No. 2016-50, entitled "A Resolution Of The City Council Of The City Of Huntington Beach Modifying Salary And Benefits For Non- Represented Employees Including The Elected City Attorney, City Clerk, And City Treasurer, " a copy of which is attached hereto as Exhibit "A" and incorporated by reference as fully set forth herein. This includes the option of an assigned City vehicle or an auto allowance (auto allowance is currently set at $230.77 paid bi-weekly), as stated in Exhibit "A", along with reimbursement of out-of-town travel at the approved mileage rates. Crumby shall also be eligible for a cell-phone stipend (smartphone) in the amount of$50.00 per month, paid bi-weekly. The benefits provided to Crumby pursuant to this Section may be modified by the City from time to time, upon adoption of a successor Resolution. SECTION 5. ADMINISTRATIVE LEAVE. The City Manager may place Crumby on Administrative Leave with full pay and benefits at any time during the term of this Agreement. 88 Sean Crumby—Director of Public Works Employment Agreement July 6,2020 Page 4 of 9 SECTION 6. TERMINATION AND SEVERANCE PAY. (a) Except as provided in subsection (b), in the event the City Manager terminates the employment of Crumby, and during such time that Crumby is willing and able to perform his duties under this Agreement, then City shall pay to Crumby a severance payment equal to salary payments which Crumby would have been receiving over a twelve week period at Crumby'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 Crumby secures health and medical insurance through 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 Crumby and Crumby'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 Crumby without severance pay: (1) a willful breach of this agreement or the willful and repeated neglect by Crumby to perform duties that he is required to perform; (ii) conviction of any criminal act relating to employment with the City; (iii) conviction of a felony. (2) Prior to the time that the City Manager terminates Crumby without severance pay for any of the reasons set forth in Section (b)(1) above, and only in that case, the City Manager shall provide Crumby with written notice of proposed termination which will include the reason and factual basis for termination. Within ten days of such notice, Crumby may request an opportunity to respond to the reasons and factual basis provided by the City Manager. If such a request to respond is made, the City Manager shall conduct a meeting, which may be informal in nature, that Crumby may respond to the notice of proposed termination. At such meeting, Crumby may be represented by an attorney of his choice and present evidence or 89 Sean Crumby—Director of Public Works Employment Agreement July 6,2020 Page 5 of 9 information relevant to the reasons and factual basis set forth in the notice of proposed termination. Subsequently, the decision of the City Manager 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 the City at any time during the term of this Agreement, reduces the salary of Crumby from its current level, except as part of an across-the-board reduction for all Directors of City, or in the event City refuses, following written notice, to extend to Crumby any non-salary benefit customarily available to all Directors, or in the event Crumby resigns following a suggestion, whether formal or informal,by the City Manager that he resign, then, Crumby may, at his option, be deemed to be "terminated." The termination date will occur then at the date of reduction or refusal to extend or such suggestion of resignation within the meaning and context of the severance pay provision in subparagraph (a) above; provided that the option to be deemed terminated is exercised by written notice from Crumby and delivered to the City Manager 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 Crumby exercises the option to be deemed terminated. (d) In the event Crumby voluntarily resigns his position, Crumby shall give City written notice at least thirty (30) days prior to the last workday, unless the City Manager and Crumby otherwise agree. (e) It is understood that after notice of termination in any form, Crumby and the City will cooperate to provide for an orderly transition. Specific responsibilities during such transition may be specified in a written separation agreement. 90 Sean Crumby—Director of Public Works Employment Agreement July 6,2020 Page 6 of 9 SECTION 7. DISABILITY. If Crumby is medically, physically disabled or otherwise unable to perforin his duties because of sickness, accident, injury, mental incapacity or ill health, and has provided proof of the same from a medical professional, he shall be eligible for Disability Leave upon exhausting all accrued sick leave, general leave and executive leave, and duty injury leave if applicable. Disability Leave shall be unpaid and shall be approved by the City Manager 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 Crumby. If Crumby is unable to return to work at that time, the City shall have the option to terminate the employment of Crumby, subject to the requirements imposed on City by Section 6, paragraph (a). SECTION 8. PERFORMANCE EVALUATION. The City Manager shall review and evaluate in writing the performance of Crumby at least once annually. That review and evaluation shall be in accordance with specific criteria developed in consultation with Crumby and the City Manager. Those criteria may be added to or subtracted from as the City Manager may from time to time determine, in consultation with Crumby. SECTION 9. GENERAL AND EXECUTIVE LEAVE (a) Crumby shall accrue General Leave in accordance with the General Leave accrual provisions applicable to Department Heads of the City as contained in the Non-Associated Resolution (Exhibit "A"). Crumby shall be credited for his years of service at other CAPERS agencies in determining his annual general leave accrual allowance. Upon executing this agreement, Crumby shall be credited with an initial allocation of 160 hours that will be added to Crumby's General Leave accrual bank. Crumby shall be credited 80 hours of Executive Leave on January 1 of each calendar year, and shall be provided with an initial allocation of 40 Executive Leave hours upon his first day of employment for his initial calendar year with the City. 91 Sean Crumby—Director of Public Works Employment Agreement July 6,2020 Page 7 of 9 (b) Executive Leave must be used in the same calendar year it is credited, and unused Executive Leave may not be carried forward to the next calendar year or cashed out at any time. General Leave shall be accrued in accordance with the appropriate provisions of the Non- Associated Resolution (Exhibit "A"). Crumby shall provide the City Manager with reasonable notice prior to taking two (2) or more General Leave or Executive Leave days off. SECTION 10. PROFESSIONAL DEVELOPMENT. The City agrees to budget and pay for Crumby's professional memberships as normally accorded to Department Heads. Crumby shall also receive paid leave,plus registration, travel and reasonable expenses for short courses,conferences and seminars that are necessary for professional / personal development and, in the judgment of the City Manager, for the good of the City, and subject to budget limitations and to established travel policies and procedures. SECTION 11. FINANCIAL DISCLOSURE. Crumby shall report to the City Manager any ownership interest in real property within the County of Orange, excluding personal residence. Crumby shall also complete and file annually, Financial Disclosure 700 Forms. Also, Crumby shall report to the City Manager 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 Crumby to the City Manager within ten (10) calendar days of the execution of this agreement and within ten (10) calendar days of acquisition of that interest in real property. Additionally, Crumby shall report in writing to the City Manager any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for the City or from whom the City intends to make a purchase immediately upon notice of the intended work or purchase. 92 Sean Crumby—Director of Public Works Employment Agreement July 6,2020 Page 8 of 9 SECTION 12. INDEMNIFICATION. The City shall defend and indemnify Crumby against actions, including but not limited to any: tort, professional liability claim or demand, or other non-criminal legal, equitable or administrative action, arising out of an alleged act or omission occurring in the performance of Crumby during the discharge of his duties as an employee / officer of the City, other than an action brought by the City against Crumby, or an action filed against the City by Crumby. The City shall pay the reasonable expenses for the travel, lodging, meals, and lost work time of Crumby should Crumby be subject to such, should an action be pending after termination of Crumby. The City shall be responsible for and have authority to compromise and settle any action, with prior consultation with Crumby, and pay the amount of any settlement or judgment rendered on that action. Crumby shall cooperate fully with the City in the settlement, compromise, preparation of the defense, or trial of any such action. SECTION 13. GENERAL PROVISIONS. (a) The text herein shall constitute the entire Agreement between the parties. (b) This Agreement shall become effective commencing August 3, 2020. (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. 93 Sean Crumby—Director of Public Works Employment Agreement July 6,2020 Page 9 of 9 IN WITNESS WHEREOF,City has caused this Agreement to be signed and executed on its behalf by its City Manager, and Crumby has signed and executed this Agreement,both in duplicate, the day and year first above written. CI CRUMBY: Oliver Chi, City Manager S n Crumby APPROVED AS ORM: ?"Attorney �- X1!Id/ T '/ 1 r RESOLUTION NO. 2016-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING SALARY AND BENEFITS FOR NON-REPRESENTED EMPLOYEES INCLUDING THE ELECTED CITY ATTORNEY, CITY CLERK, AND CITY TREASURER WHEREAS,the City Council of the City of Huntington Beach desires to modify the salary and benefits for Nan-Represented Employees upon adoption of this Resolution. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. Salaries and Benefits for Non-Represented employees shall be as reflected in Exhibit"A", attached hereto and incorporated by this reference. SECTION 2. The salary range for the elected City Attorney, City Clerk and City Treasurer shall be modified as reflected in the Non-Associated Executive Management Salary Schedule—Exhibit 1, SECTION 3. Benefits for the elected City Attorney, City Clerk and City Treasurer shall be as reflected in Exhibit"A", attached hereto and incorporated by this reference. SECTION 4. Resolution 2007-6, Resolution 2010-106, and Resolution 2014-94 are hereby repealed. SECTION 5. Any existing provisions in conflict with the foregoing, whether by minute action or resolution of the City Council, are hereby repealed. SECTION 6. All other benefits and salary ranges established and reflected in the Non- Associated Employees Pay and Benefits Resolution 2016-50, shall continue unless modified by City Council action. RLS 6/27/16/16-5325/138993/MV 1 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the /&"6day of , 2016. Ma REVIEW APPROVED: APP OVED A TO FORM: U,Lk—�2t Citv a r To,City Attorney r IN D ED: ire for of uman Resources RLS 6/27/16/16-5325/138993/MV 2 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT A - NON-ASSOCIATED EMPLOYEES PAY AND BENEFIT PROVISION...................................................................................................1 SECTIONI PAY.............................................................................................................. 1 A. SALARY SCHEDULE.......... ........................................................................ .... B. DIRECT DEPOSIT..................................................................................................... 1 C. ASSIGNED VEHICLE/AUTO ALLOWANCE .........................................I—,I..........,.......... 1 1. Department Heads....".-....I...................... ..........,....-..................,,......,.....,,..,........1 D. Deferred Compensation ...................................................................................... 1 SECTION II — HOURS OF WORKIOVERTIMEITIME OFF............................................. 1 A. EXECUTIVE LEAVE................................................................................................... 1 B. FLEXIBLE AND ALTERNATIVE WORK SCHEDULES........................................................2 1. 5140 Work Schedule....................................................................................................................2 2. 9180 Work Schedule....................................................................................................................2 3. Alternative Work Schedule.....................-.......-.......___.............................................................2 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........................................................................................................................4 4. Section 125 Plan......................____.............___........................-.........................................,.4 B. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE ...............................4 C. LONG-TERM DISABILITY INSURANCE.........................................................................4 D. CITY-PAID PHYSICAL EXAMINATIONS ........................................................................5 E. MISCELLANEOUS..................................................................................................... 5 F. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL RETIREESUBSIDY PLAN .................................................................................................5 G. POST-65 SUPPLEMENTAL MEDICARE COVERAGE ......................................................6 SECTION IV — RETIREMENT.........................................................................................6 A. BENEFITS.................... ...............__......................................................................6 1. Self-Funded Supplemental Retirement Benefit............---......-...................................................6 2. Medical Insurance for Retirees....................-.................................-...........................................6 B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTIONS AND REPORTING............7 1. Miscellaneous Unit Members._.....- ......... _...............-....__........... ....... ......7 2. Safety Unit Members...................................................................................................................7 3. IRS Code 414(h)(2)...-...................................................................................... .......8 4. Pre-Retirement Optional Settlement 2 Death Benefit.................................................................8 5, Fourth Level of 1959 Survivor Benefits.......... ....... ................. ...... ....... .............8 6, VEBA Plan Requirements........... ........ ......... ............... .......-......-.....-......... .......__........._8 SECTION V— LEAVE BENEFITS ................................................................................10 Exhibit"A"to Non-Associated Resolution No.2016-50 i Item 25. - 5 11B -656- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION A. GENERAL LEAVE................................................................................................... 10 1. Accrual......................................................................................................................................10 2. Eligibility and Approval .............................-.......-.......-........................................-..................10 3. Leave Benefit Entitlements........................-............................................................... .........10 4. Conversion to Cash...................................................................-.......-.............._....................-10 B. HOLIDAYS AND PAY PROVISIONS............................................................................. 11 C. SICK LEAVE............................................................................ .... 11 .......................... 1. Accrual..................................................-............................-....................................................11 2. Credit.........................................................................................................................................12 3. Usage........................................................-.................................... ..........12 4. Payoff at Termination............................-..................................................................................12 D. BEREAVEMENT LEAVE......................................................... ................................ 13 E. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM........................................ 13 SECTION VI RETIREE SUBSIDY MEDICAL PLAN..................................................13 SECTION VI1 - MISCELLANEOUS...............................................................................13 A. COLLECTION OF PAYROLL OVERPAYMENTS............................................................. 13 B. UNIFORMS AND CALPERS REPORTING .................................................................. 14 EXHIBIT 1 - NON-ASSOCIATED SALARY SCHEDULE ........15 EXHIBIT 2 - RETIREE MEDICAL PLAN ......................................................................16 EXHIBIT 3 -9/80 WORK SCHEDULE....................... ..........20 EXHIBIT 4 VOLUNTARY CATASTROPHIC LEAVE DONATION ............................. 22 i I i I Exhibit"A"to Non-Associated Resolution No.2016-50 ii HB -657- Item 25. - 6 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. D. Deferred Compensation Effective the beginning of the pay period following City Council approval of this resolution, each employee covered by this resolution, including the City Attorney, City Clerk and City Treasurer, shall receive a one-time deposit to the employee's 457 Deferred Compensation account in the amount of$3,800.00. 1. This shall be a single, one-time only deposit. All appropriate Federal and State legal mandates regarding the tax-treatment of this one-time deposit shall apply. SECTION 11 — HOURS OF WORKITIME 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. Item 25. - 7"A'to Non-Associated Resolution No.201&50 FIB -658- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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 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. i SECTION III — HEALTH AND OTHER INSURANCE BENEFITS i A. Health Insurance 1. Medical Dental and Vision Insurance I The City shall continue to make group medical, dental and vision benefits available 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 beginning of the first full pay period following the j effective date of coverage and pro-rated for coverage through the end of the month in which employment was separated. Exhibit"A"to Non-Associated Resolution No.2016-50 1-lB _659_ Item 25. - 8 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION i. Health Plan Employee and Employer Contributions Chart for Non-Safety Classifications in EXHIBIT 1 City of Huntington Beach 2016 Health Premiums and Contributions Effective pay period following final City Council approval Non-Associated/Non-Safety Employer Employee Em"'byee Monthly P Plan Tier Monthlyilotly 8�"weekly Premium Contribution Contr%ibiio Contribution Single 46&65 466.65 0,00 0.00 Kaiser Two-Party 1,022.11 974.36 47.75 22.04 Family 1,343.90 1,170.04 173.86 80.24 Single 671.00 640.76 30.24 13.96 Blue Shield HMO Two-Party 1,466.00 974.36 491.64 226.91 Family 1,896.00 1,170.04 725.96 335.06 Single 736.00 736.00 0.00 0.00 Blue Shield PPO Two-Party 1,555,00 1,135.78 419.22 193.49 Family 1,927.00 1,314.31 612.69 282.78 Single 58.10 45.02 13.08 6.04 Delta Dental PPO Two-Party 108.60 85.91 22.69 10.47 Family 143.20 122.18 21.02 9.70 Single 30,11 30.11 0.00 0.00 Delta Care HMO Two-Party 51.19 51,19 0.00 0.00 Family 78.29 78.29 0.00 0.00 Single 25.12 0.00 25.12 11.59 VSP Vision Two-Party 25.12 0.00 25.12 11.59 Family 25.12 U0 25,12 11.59 Medical Opt-Out: $466.65 per month ($215,38 bi-weekly) 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 current City of Huntington Beach Non- Associated Safety Health Premiums and Contributions Chart. The amounts listed therein include the mandated Public Employees' Medical and Hospital Care Act (PEMHCA) contribution. Item 2 5. „ 9 W to Non-Associated Resolution No.2016-50 I TB -660- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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 $200 per plan, per tier, effective following City Council approval of this resolution. The employee and employer contributions rates set forth in sections i and ii above shall remain in effect in 2017 and beyond unless otherwise modified by a successor Non-Associated Resolution. Employee and City Contributions subject to change as a result of City Council approval. 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. 3. Medical Cash Out I 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. j C. Long-Term Disability Insurance This program provides benefits for each incident of illness or injury after 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). Exhibit"An to Non-Associated Resolution No.2016-50 H B -661- Item 25. - 10 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 hetshe 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. 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. Item 25. - 1 I ,'to Non-Associated Resolution No.2016-50 . 2_ NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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. i 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 the City-sponsored medical insurance plans that are supplemental to Medicare permanently lose eligibility fo tthis 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. 1 Exhibit"A"to Non-Associated Resolution No. 2016-50 HB 663- Item 25. - 12 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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 Vl. B. Public Employees' Retirement System Contributions and Reporting 1. Miscellaneous 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 (CalPERS), Section 21354 of the California Government Code. b. Miscellaneous bargaining unit "classic members" shall pay to CalPERS as part of the required member retirement contribution eight percent (8%) of pensionable income_ This provision shall not sunset. c. The City shall contract with CalPERS 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 resolution. 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 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 (CalPERS), Section 21362.2 of the California Government Code. Item 25. - 1 to Non-Associated Resolution No.2016-50 NB -664- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION b. All safety employees described as "classic" members shall pay to CalPERS as part of the required member retirement contribution nine percent (9%) of pensionable income. This provision shall not sunset. c. The City shall contract with CalPERS 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 resolution. 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 752215(d) 2) Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of 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) i 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. Exhibit"A"to Non-Associated Resolution No. 2016-50 KB -665- Item 25. - 14 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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 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 25. - 1 'to Non-Associated Resolution No.2016-50 HB 666 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: Annual General Leaver Biweekly General Leave Years of Service 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. Employees shall not be permitted to take general leave in excess of actual time earned. Employees 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 i 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. I Exhibit°A"to Non-Associated Resolution No.2016-50 1413 -667 Item 25. - 16 I 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 25. - 17 "1 Non-Associated Resolution No.2016-50 HB -668- 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. 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. 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. i 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 compensabe 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 Non-Associated Resolution No.2016-50 HB 669 Item 25. - 18 I 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 25. - 1 S."to Non-Associated Resolution No.2016-50 118 -670- 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 (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). I i I Exhibit"A"to Non-Associated Resolution No.2016-50 HB -671- Item 25. - 20 NON-ASSOCIATED EMPLOYEE PAY AND BENEFIT PROVISIONS EXHIBIT 1 NON-ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE EFFECTIVE SEPTEMBER 24,2016-2.0%Increase Job No. Description Pay Starting Control High Grade Paint Point Point EXECUTIVE MANAGEMENT 0591 laity Manager NA0591 NA NA 12829 DEPARTMENT HEADS 0592 Assistant City Manager NA0592 85.82 95.51 106.32 0009 Director of Building&Safety NA0009 74.64 83.07 92.46 0014 Director of Community Services NA0014 74.64 83.07 92.46 0008 Director of Economic Development NA0008 74.64 83.07 92.46 0574 Director of Human Resources NA0674 74.64 83.07 92.46 0479 Chief Information Officer NA0479 74.64 83.07 92.46 0007 Director of Library Services NA0007 %94 77.85 86.66 0589 Community Development Director NA0589 80.82 89.97 100.13 0010 Director of Public Works NA0010 80.82 89.97 100.13 0518 Chief Financial Officer NA0518 80.82 89.97 100.13 0015 Fire Chief NA0015 85.82 95.51 106.31 0011 Police Chief NA0011 85.82 95.52 106.31 ELECTED OFFICIALS 0016 City Attorney NA0016 100.18 111.51 124.10 0017 -]City Clerk NA0017 69.94 77.85 86.66 ELECTED OFFICIALS PART-TIME 0018 ICity Treasurer- PART-TIME NA0018 74.64 83.07 92.46 �"At�r�� � ceed"$51812 CONTRACT NON-DEPARTMENT HEAD Pay Job No. Description Grade A B C D E 0593 Chief Assistant City Attorney NA0593 71.05 74.96 79.08 83.43 88.01 Historical changes to Non-Associated position titles: Per Ordinance 3855 adopted on 1/19/10, Building&Safety Department duties were combined with the Planning Department creating a new position of Director of Planning and Building. Per Resolution 2010-106 adopted on 12/20/10 the City Treasurer was established as a part-time position. Per Ordinance 3906 adopted on 2/7/11 amended the title of City Administrator to City Manager. Per Ordinance 3959 adopted on 10/01/12,the position of Chief Assistant City Attorney was established. Per Resolution 2012-95 adopted on 12/17/12 the title of Deputy City Manager was changed to Assistant City Manager. Per Ordinance 4086 adopted 4/18/16:the position of Finance Director was changed to Chief Financial Officer, the Director of Information Services was changed to Chief Information Officer and the Director of Planning and Building was changed to Community Development Director. Item 25. - 21 'to Non-Associated Resolution No.2016-s0 HB -672- 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 i of the retiree medical insurance subsidy benefit which the deceased employee was receiving at the time of his/her death would be eligible to receive if he/she were retired at the time of death, shall be paid on behalf of the spouse or family for a period not to exceed twelve (12) months. D. Schedule of Benefits I 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 . I 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 — Exhibit"A"to Non-Associated Resolution No.2016-50 HB -673- Item 25. - 22 I 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: Years of Service Subsidy ,,73p' 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 Item 25. - 23 "to Non-Associated Resolution No.20:6-50 1113 -674- 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 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. The Retiree Subsidy Medical Plan includes any medical plan offered by the City to active and/or retired unrepresented/non-associated employees and retirees. i 2. City Plans are the primary payer for active employees age 65 and over, with i 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 j coverage period. C. Subsidies: 1. The subsidy payments will pay for: a. The Retiree Subsidy Medical Plan. b. HMO. I 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: I 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. Exhibit"A"to Non-Associated Resolution No.2016-50 HB -675- Item 25. - 24 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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 Park 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 (60) days shall be terminated from the Plan and shall not have reinstatement rights. Item 25. - 2S, to Non-Associated Resolution No.2016-50 FIB -6 76- NON-ASSOCIATED EMPLOYEE PAY AND BENEFIT PROVISIONS EXHIBIT 3 -9/80 WORK SCHEDULE This work schedule is known as 49180". 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 9180 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 I 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 NB° schedule shall have the first Friday (p.m.) and the last Friday (a.m.) off, or "working on payday". An example is listed below: i 4 Schedule 4 4 - - 9 r9j 9 9 - - - - 9 9 9 9 4a 4 B Schedule - - - - 9 1 9 1 9 9 4 4 - 1 - 1 9 9 9 9 - - I Exhibit"A"to Non-Associated Resolution No.2016-50 HB -677- Item 25. - 26 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION D. AfB 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. 1. 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. Item 25. - 27»to Non-Associated Resolution No.2016-50 HB -678- 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: i • Accrues vacation or general leave; • Is not receiving disability benefits or Workers' Compensation payments; and • Requests donated leave. I 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. Exhibit"A°to Non-Associated Resolution No.2016-50 HB -679- Item 25. - 28 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION Employees wanting to make donations will submit a Leave Donation Form to the Finance Department (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. ether Please contact the Human Resources Department with questions regarding employee participation in this program. Item 25. - 29 to Non-Associated Resolution No.2016-50 HB -680- 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 Print or Type:Last, First, MI) i ork Phone: 'Department: E lab Title: iEmployee ID#: Requester Signature: ate: Department Director Signature of Support: Hate: epairl ant $ 11 ; \� Iona ,a m u n.date t11 bridge to ovation date }}} 3 rrp fltsabttis#y lca RE iebrem m pew tt� x L 'at'ry I A iLive e •E +h• e"e 1 I Please submit this form to the Human Resources Office for processing. i I Exhibit"A"to Non-Associated Resolution No.2016-50 HB -681- Item 25. - 30 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: i .Donor Job Title: ! i Type of Accrued Leave: Number of Hours I wish to Donate: 'Q Vacation 1 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 the Finance Department Item 25. - 31 "to Non-Associated Resolution No.2016-50 HB -682)- Res. No. 2016-50 STATE OF CALIFORNIA COUNTY OF ORANGE } ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on July 18, 2016 by the following vote: AYES: O'Connell, Sullivan, Hardy, Delgleize NOES: Posey, Peterson OUT OF ROOM: Katapodis ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California i i i