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HomeMy WebLinkAboutAlfred Zelinka - 2022-05-03 r 2000 Main Street, Huntington Beach, CA A City of Huntington Beach `, n ,92648 _c File #: 22-380 MEETING DATE: 5/3/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Sean Joyce, Interim City Manager VIA: Brittany Mello, Administrative Services Director PREPARED BY: Brittany Mello, Administrative Services Director Subject: Adopt Resolution No. 2022-25 to appoint Alfred Zelinka as City Manager and approve the Employment Agreement; adopt Resolution No. 2022-24 amending the Non-Associated Appointed Executive Management pay schedule to update the compensation range for the City Manager Statement of Issue: After conducting a nationwide recruitment process, the City Council has identified Alfred (AI) Zelinka as the preferred candidate to serve as the City of Huntington Beach's next City Manager. The City Council directed the recruiter and City Attorney to negotiate an employment agreement with Mr. Zelinka to be presented for consideration in a regular meeting via resolution. The key terms of the agreement are summarized below, which include a compensation rate of $320,000 per year. A resolution to amend the appointed Non-Associated Executive Management salary schedule for the City Manager position is also included. Financial Impact: The proposed salary is $320,000 per year with benefits. Additional details are located in Exhibit A of Resolution No. 2022-25 (Attachment 1). The City Manager's salary and benefits will be included in the proposed Fiscal Year 2022-23 Budget. Recommended Action: A) Review and consider the proposed City Manager employment agreement, and if appropriate, adopt Resolution No. 2022-25, "A Resolution of the City Council of the City of Huntington Beach Appointing Alfred Zelinka as City Manager;" and B) Adopt Resolution No. 2022-24, "A Resolution of the City Council of the City of Huntington Beach Modifying the Non-Elected Non-Represented Employees Pay Schedule to Amend the Compensation for the City Manager." Alternative Action(s): City of Huntington Beach Page 1 of 4 Printed on 4/27/2022 383,Legistar­' File #: 22-380 MEETING DATE: 5/3/2022 Do not approve the employment agreement or proposed resolutions, and provide staff with alternate direction. Analysis: The City Council has completed a nationwide recruitment to fill the position of Huntington Beach City Manager. The recruitment process began in November 2021, when City Manager Oliver Chi announced his resignation. The City retained Dave Morgan of Ralph Andersen & Associates to conduct the recruitment. During that period, Sean Joyce has been serving as the Interim City Manager since December 20, 2021. To assist in the recruitment process, the City Council created a City Manager Recruitment Subcommittee comprised of Mayor Barbara Delgleize, Council Member Natalie Moser, and Council Member Rhonda Bolton. The Subcommittee met with the recruitment team to craft the City Manager recruitment brochure to help attract the most qualified candidates from across the nation. The City Council and the recruiter reviewed the qualifications of each applicant, and selected the top candidates to be interviewed on Wednesday, April 6, 2022. Following the first interview, the City Council further narrowed the top candidates to be interviewed for a second time on Friday, April 8, 2022. Following deliberation and careful consideration, the City Council selected Mr. Zelinka as the preferred candidate. Mr. Zelinka has served as the City Manager of the City of Riverside since June 2018. He previously served as the Assistant City Manager and Community Development Director for Riverside, as well as serving as the Community Development Director and Planning Manager for the City of Fullerton. Altogether, Mr. Zelinka has 20 years of executive-level experience, aiming to make a difference in communities and the profession. He is a Fellow of the American Institute of Certified Planners, a Certified Main Street Manager, and is certified in Community Economic Development. Mr. Zelinka holds a Bachelor of Science in Public Planning from Northern Arizona University and a Master of Regional Planning from Cornell University. Per City Council direction, the recruiter discussed a contract proposal with Mr. Zelinka, and the City Attorney prepared an agreement that memorializes the terms and conditions of his employment with the City. The key terms are outlined below and set forth in full in Exhibit A of the proposed Resolution No. 2022-25 (Attachment 1). The major provisions of the proposed employment agreement are as follows: 1. Contract Duration. Mr. Zelinka's initial contract term is for a period of four years, commencing on Monday, June 27, 2022. On the annual anniversary date of the agreement, the term will be extended one additional year, unless a majority vote of the City Council directs that the agreement not be extended. 2. Compensation. Mr. Zelinka's starting salary will be $153.85 per hour, or $320,000 per year. If the City Council approves salary adjustments to the appointed Non-Associated Executive Management group, Mr. Zelinka's salary will receive the same percentage increase. The City City of Huntington Beach Page 2 of 4 Printed on 4/27/2022 powere$�Legistar"" File #: 22-380 MEETING DATE: 5/3/2022 Council may approve additional merit-based salary increases at their discretion. Additionally, Resolution No. 2022-24 is proposed to modify the appointed Non-Associated Executive Management salary schedule to amend the compensation range for the City Manager position, in accordance with the California Public Employees' Retirement System (CaIPERS) requirements for a publicly-available pay schedule (Attachment 2). 3. Benefits. Mr. Zelinka will receive the same benefits provided to the appointed Non- Associated Executive Management group, unless otherwise specified in the employment agreement. These benefits are outlined in Exhibit A of the Non-Associated Employees Pay and Benefits Resolution No. 2022-09, as approved by the City Council on March 15, 2022 (Attachment 3). 4. Terms of Separation. a. The City Council may terminate Mr. Zelinka's employment agreement without cause at any time. If Mr. Zelinka is terminated without cause in the first eighteen months of employment, he is entitled to twelve months' severance pay, including salary and benefits. This severance provision reduces to nine months' severance in the subsequent eighteen months of employment, and then further reduces to six months in all remaining months of the agreement. b. If Mr. Zelinka is terminated for cause or misconduct, the City is not obligated to provide compensation or benefits, including severance. 5. Performance Reviews. The City Council will conduct an annual performance review of Mr. Zelinka no later than June 30 each year of the agreement. The City Council may conduct additional performance evaluations at any time. Unlike some previous City Manager employment agreements, there are no housing-related provisions included in this agreement. If appointed, Mr. Zelinka's first day with the City will be June 27, 2022, with Interim City Manager Sean Joyce's last day set to be June 26, 2022. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable -Administrative Item Attachment(s): 1. Resolution No. 2022-25, "A Resolution of the City Council of the City of Huntington Beach Appointing Alfred Zelinka as City Manager," including Exhibit A - Employment Agreement 2. Resolution No. 2022-24, "A Resolution of the City Council of the City of Huntington Beach Modifying the Non-Elected Non-Represented Employees Pay Schedule to Amend the City of Huntington Beach Page 3 of 4 Printed on 4/27/2022 poweA93fy Legistar"n File #: 22-380 MEETING DATE: 5/3/2022 Compensation for the City Manager" including Exhibit 1A - Non-Associated Appointed Executive Management Salary Schedule 3. Exhibit A of Non-Associated Resolution 2022-09 4. Al Zelinka Resume City of Huntington Beach Page 4 of 4 Printed on 4/27/2022 powereW,Legistar-',' RESOLUTION NO. 2022-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPOINTING ALFRED ZELINKA AS CITY MANAGER WHEREAS, Article II, Section 200 of the City Charter ("Charter") of the City of Huntington Beach provides for a Council-Manager form of government; and Article IV, Sections 400 and 401 of the Charter set forth the selection process as well as the duties and obligations of the City Manager; and The City Council of the City of Huntington Beach has conducted a national search to fill the City's top administrative position of City Manager; and The City Council has sought candidates for the City Manager position based on the duties and qualifications set forth in the City Charter of the City of Huntington Beach; and The City Council of the City of Huntington Beach desires to appoint Mr. Alfred (Al) Zelinka to the position of City Manager for the City of Huntington Beach,effective June 27, 2022; and Mr. Zelinka desires to provide said services as City Manager to the City under the terms and conditions set forth in the Agreement attached to this Resolution as Exhibit A; and Mr. Zelinka represents that he is willing and qualified to provide such services to the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that it hereby approves the attached Employment Agreement with Mr. Zelinka shown as Exhibit A to this Resolution. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of May, 2022 v Mayor REV D ANI�APPROVED: APPROVED ORM: Interim City Manager i Attorney INITIATED AND APPROVED: Director of Administrative Services 22-11308/282262 Resolution No. 2022-25, Ex. A EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ALFRED ZELINKA FOR THE OFFICE OF CITY MANAGER Following the City Council's adoption of Resolution 2022-25,this AGREEMENT is made and entered into this 3rd day of May, 2022, by and between the CITY OF HUNTINGTON BEACH, a California Municipal Corporation, hereinafter referred to as "CITY," and Alfred (Al) Zelinka, hereinafter referred to as "MR. ZELINKA." CITY and MR. ZELINKA may be collectively referred to as "Parties." RECITALS WHEREAS, the City Council of the City of Huntington Beach has conducted a national search to fill the CITY's top administrative position of City Manager; and WHEREAS, the City Council has sought candidates for the City Manager position based on the duties and qualifications set forth in the City Charter of the City of Huntington Beach; and WHEREAS, per City Charter Section 400 (c), the candidate selected was chosen on the basis of his executive and administrative qualifications, including his actual experience in and knowledge of accepted practice as regards the duties of the office of City Manager; and WHEREAS, the City Council desires to retain the services of MR. ZELINKA as City Manager for the City of Huntington Beach; and WHEREAS, the City Council desires to provide certain benefits, establish certain conditions of employment, and to establish working conditions for MR. ZELINKA; and WHEREAS,MR. ZELINKA desires to provide said services as City Manager to the CITY under the terms and conditions hereinafter set forth; and WHEREAS, MR. ZELINKA represents that he is willing and qualified to provide such services to the CITY; I Alfred Zelinka Employment Agreement 2022 THEREFORE, in consideration of the mutual covenants and promises hereinafter contained and made subject to all of the terms and conditions hereof, the Parties hereto do hereby agree as follows: SECTION 1. DUTIES. (a) The CITY hereby agrees to retain the services of MR. ZELINKA as City Manager to perform the proper administration of all affairs of the CITY, including the functions and duties specified in Section 401 of Article IV of the Huntington Beach City Charter, as of the date of this AGREEMENT and as may be amended in the future, and to perform other legally permissible and proper duties and functions as designated by the City Council from time to time. (b) MR. ZELINKA shall prepare and implement an annual plan of Organizational Goals and Objectives which may be incorporated into an annual evaluation tool to assess performance. (c) MR. ZELINKA may exercise only those powers expressly granted to him as City Manager through the Huntington Beach City Charter, the Huntington Beach Municipal Code, this AGREEMENT, any Resolution, or any minute action of the City Council. (d) MR. ZELINKA will conscientiously and loyally perform all of the duties, expressed or implied, required of him by the terms of this AGREEMENT, the Huntington Beach City Charter, the Huntington Beach Municipal Code, and the duties that may be delegated to him by the City Council. (e) MR. ZELINKA understands and agrees that he shall: i. Devote his time, ability, and attention to matters of CITY and the City Council of not less than the regular business hours of the CITY. ii. Perform his duties within the budget adopted by the City Council. 2 Alfred Zelinka Employment Agreement 2022 (f) Both Parties acknowledge that employees generally, including but not limited to MR. ZELINKA, are most productive when they maintain a work-life balance that enables them to meet their responsibilities outside work while also upholding their responsibilities in the workplace. Further, both Parties acknowledge that increasingly the opportunity to achieve a work-life balance can be as important a factor as pay and benefits. To this end, the City Manager will reinforce work-life balance throughout the City organization consistent with workplace responsibilities and City Council priorities. SECTION 2. TERMS OF AGREEMENT (a) MR. ZELINKA agrees to remain in the exclusive employment of the CITY and not to become otherwise employed while this AGREEMENT is in effect. MR. ZELINKA agrees that any other employment engaged in by him shall not interfere with the performance of his duties under this AGREEMENT. The term "employment" (and derivations of that term) shall include employment by another legal entity or self-employment. However,the term shall not be construed to include occasional teaching, writing, or military reserve service performed on MR. ZELINKA's time off, and with advance approval of the City Council. (b) CITY hereby appoints and retains MR. ZELINKA to serve as City Manager for the City of Huntington Beach and MR. ZELINKA hereby accepts such employment with the CITY beginning on June 27, 2022, or such earlier date that MR. ZELINKA and CITY agree, and continuing until MR. ZELINKA or City Council terminates this AGREEMENT pursuant to Section 3. (c) The term of this AGREEMENT shall be for four(4) years, commencing on June 27, 2022, and ending on June 26, 2026, unless extended or terminated as provided herein. On or by June 27, 2023, and annually on each succeeding June 27`" while this AGREEMENT is 3 Alfred Zelinka Employment Agreement 2022 effective, the Term of this AGREEMENT shall be automatically extended by one (1) additional year. For example, on June 27, 2023, the Term of this Agreement shall be automatically extended until June 26,2027;and so on,unless prior to such date by majority vote of the total membership of the City Council at a regular meeting and in compliance with the City Charter, including Charter Section 404(d), the City Council takes formal action to declare its intention to not extend this AGREEMENT for one additional year. Any such decision by the City Council to not extend the Term by one additional year shall modify only this Section 2(c) of this Agreement and shall not constitute a termination for purposes of Section 3(b) of this AGREEMENT. The Parties make no representation with respect to whether such action by the City Council would amount to an adverse employment action. (d) This AGREEMENT in its entirety may be renegotiated at any time so long as CITY and MR. ZELINKA desire and mutually agree to such terms in writing. (e) The City Council shall conduct a performance evaluation of MR. ZELINKA not less than twelve(12) months after commencement of MR. ZELINKA's term of employment, and annually thereafter by no later than June 30th in each year during the Term of this AGREEMENT. The annual performance evaluation shall include goals set forth by the City Council. However, MR. ZELINKA acknowledges and accepts the fact that the City Council as an employer has the right to schedule an evaluation session at any time in accordance with the notice and all other requirements of the Brown Act. As a result of the performance evaluation and at the City Council's sole discretion, the City Council may provide a salary increase and/or performance bonus. 4 Alfred Zelinka Employment Agreement 2022 SECTION 3. TERMINATION (a) This AGREEMENT may be terminated by the City Council for Cause or misconduct by MR. ZELINKA. After giving notice to MR. ZELINKA that this AGREEMENT is terminated for Cause or misconduct, the CITY shall have no obligation to continue the employment of MR. ZELINKA or to provide compensation or benefits, including severance. For purposes of termination, "Cause" is defined as willful breach of duty by MR.ZELINKA in the course of employment or habitual neglect of duty by MR.ZELINKA in the course of employment or continued Incapacity of MR. ZELINKA to perform the duties of employment as City Manager. In addition, Cause is defined only as: i. MR. ZELINKA entering a guilty plea or plea of nolo contendre to, or being convicted of, an offense which is a felony or crime of moral turpitude in the State of California; ii. MR. ZELINKA's willful misconduct or gross negligence; iii. MR. ZELINKA's act of material dishonesty with or theft from the CITY; iv. MR. ZELINKA is determined by a court of competent jurisdiction or the State of California's Fair Political Practices Commission (FPPC) to have knowingly and unlawfully participated in a governmental decision in which he had a conflict of interest as defined in Government Code Section 87100 et seq. or Government Code Section 1090 et seq. V. Failure to follow a lawful directive of the City Council after written notice of said failure is provided to MR. ZELINKA approved by four (4) or more affirmative votes of the Council's seven(7)members. vi. Continued abuse of drugs or alcohol that materially affects the performance of MR. ZELINKA's duties. 5 Alfred Zelinka Employment Agreement 2022 vii. Repeated and unexcused absences from the City Manager's Office and duties. viii. Violation of any provision of the ICMA Code of Ethics for which the ICMA has sanctioned MR. ZELINKA. (b) This AGREEMENT may be terminated by the City Council Without Cause at any time. If MR. ZELINKA is terminated by the City Council Without Cause, then MR. ZELINKA is entitled to severance pay as follows: Twelve (12) months' base salary and benefits if terminated Without Cause during the first eighteen (18) months of MR. ZELINKA's employment; then nine (9) months' base salary and benefits if terminated Without Cause during the subsequent eighteen(18)months of MR. ZELINKA's employment; then six(6) months' base salary and benefits if terminated Without Cause during the thirty-seventh (37th) month and subsequent months of MR. ZELINKA's employment. MR. ZELINKA shall also be entitled to payout of any unused accrued vacation leave, but no payout for accrued but unused sick leave or executive leave shall be made at termination. (c) In the event the AGREEMENT is terminated by the City Council Without Cause, MR. ZELINKA shall have the option to receive severance pay in either a lump sum or may continue to be paid on the normal payroll schedule until all severance pay has been provided. (d) MR. ZELINKA may voluntarily terminate this AGREEMENT any time upon forty-five (45) days' written notice to the City Council and shall not be entitled to any severance pay or benefits upon such voluntary termination. City Council maintains discretion to accept MR. ZELINKA's resignation immediately, and forego the notice period, upon forty-five (45) days' pay in lieu of notice. (e) In the event MR. ZELINKA is unable to perform the duties and functions consistent with the Office of the City Manager due to serious illness, injury, impairment, or physical or 6 Alfred Zelinka Employment Agreement 2022 mental condition for a period of three consecutive months, beyond MR. ZELINKA's full use of any provided or earned leave, MR. ZELINKA may be terminated due to Incapacity. Upon termination due to Incapacity, MR. ZELINKA shall be entitled to six months' salary minus any disability insurance proceeds received by MR. ZELINKA. (f) No action by the City Council to terminate MR. ZELINKA, other than for Cause, will be made within ninety (90) calendar days either before a City general municipal election or ninety (90) calendar days immediately following a City general municipal election. (g) With the exception set forth in Subsection (f) above, nothing in this AGREEMENT shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of MR. ZELINKA at any time, at the sole discretion of the City Council, in accordance with the Huntington Beach City Charter, as the same may be amended from time to time, and in accord with the provisions contained herein. (h) Communications in the Event of Termination. In the event the CITY terminates MR. ZELINKA for any reason or no reason, the CITY and MR. ZELINKA agree that no member of the City Council or CITY employees acting on behalf of the CITY shall make any written, oral, or electronic statement to any member of the public, the press, or any CITY employee concerning MR. ZELINKA' s termination except in the form of a joint statement, which is mutually agreeable to the CITY and MR. ZELINKA. The joint statement shall not contain any text or statement that is disparaging to either Party. Either Party may verbally repeat the substance of the joint statement in response to any inquiry. SECTION 4. COMPENSATION MR. ZELINKA shall receive, as starting salary for his performance of the duties of City Manager, the sum of$320,000.00 per year, payable in installment payments in the same manner and same times as the salaries of other members of the CITY's Executive Management are paid. 7 Alfred Zelinka Employment Agreement 2022 SECTION 5. EMPLOYEE BENEFITS. (a) Except as otherwise provided herein, MR. ZELINKA shall be granted the same package of benefits as is being provided to CITY's Executive Management employees on the effective date of this AGREEMENT. All future changes to the package of benefits provided to CITY's Executive Management employees shall apply to the level of benefits for MR. ZELINKA unless the Parties otherwise agree. All such benefits, and the benefits described hereunder shall be deemed "fringe benefits" herein. This includes the CITY's continued participation and contributions of CITY obligations to the Public Employees Retirement System (PERS), group health, dental, and related insurance programs (family coverage) in accordance with the PERS contract with CITY. MR. ZELINKA shall be enrolled in the Ca1PERS 2.5% at 55 retirement plan, and MR. ZELINKA shall pay the employee contribution percentage provided for in the current salary resolution, as same may be amended from time to time in the future. At the date of this AGREEMENT, the MR. ZELINKA's contribution percentage is eight percent (8%) of salary. (b) In lieu of mileage reimbursement, CITY agrees to provide MR. ZELINKA with an automobile allowance in the amount of Four Hundred Fifty Dollars ($450.00) per month for business. Such allowance shall be paid together with customary monthly payroll practices. MR. ZELINKA will primarily use MR. ZELINKA's personal auto for CITY business, and will use CITY vehicles on an exception basis only. This provision does not in any way restrict MR. ZELINKA's use of his personal automobile for personal use. (c) Leave. i. General Leave. MR. ZELINKA shall accrue, and have credited to his personal account, General Leave starting at the rate of a 15+year employee of the CITY(as of the date of this AGREEMENT, this amount is 256 hours per year). MR. 8 Alfred Zelinka Employment Agreement 2022 ZELINKA shall be credited with a General Leave bank of one hundred(100)hours upon commencement of employment. This credited General Leave will not be subject to pay at separation if MR. ZELINKA separates from employment for any reason during the first eighteen (18)months of this AGREEMENT. ii. Executive Leave. MR. ZELINKA shall be credited with an Executive Leave bank of one hundred(100)hours upon commencement of employment. MR. ZELINKA shall be credited with one hundred (100) hours Executive Leave per year automatically. Executive Leave is not intended to create a cash benefit. MR. ZELINKA shall not take Executive Leave as cash/cash out at any time. (d) MR. ZELINKA shall receive a Two Thousand Dollar ($2,000.00) wellness allowance on an annual basis on January 1st of each year of this AGREEMENT to be spent on health and fitness programming or equipment. (e) MR. ZELINKA shall also be entitled to holidays, Leave Without Pay, and Bereavement Leave on the same basis as Executive Management employees of CITY are receiving. Any future change to the holiday or leave benefits provided to CITY's Executive Management employees shall apply to the level of holiday or leave benefits for MR. ZELINKA unless the Parties otherwise agree. (f) CITY shall bear the full cost of any fidelity or other bonds required of MR. ZELINKA relating to his service as City Manager under any law or ordinance. SECTION 6. MEMBERSHIP AND SUBSCRIPTIONS (a) CITY agrees to budget and pay professional dues and subscriptions on behalf of MR. ZELINKA which are reasonably necessary for MR. ZELINKA's continued participation in national, regional, state, or local associations and organizations necessary and desirable for MR.ZELINKA's continued professional participation,growth,and advancement or for 9 Alfred Zelinka Employment Agreement 2022 the good of CITY including the International City/County Management Association (ICMA), the California City Management Foundation (CCMF), National Main Street Center, American Planning Association, Urban Land Institute, and the League of California Cities. Furthermore, CITY shall budget and pay for the professional dues and subscriptions to such additional organizations as approved by the City Council. (b) CITY agrees to budget and pay the travel and subsistence expenses of MR. ZELINKA for official travel, meetings, and occasions reasonably adequate to continue the professional development of MR. ZELINKA and reasonably pursued necessary official and other functions for CITY, such as the annual conference of the International City/County Management Association (ICMA), the annual conferences of the American Planning Association (APA) and the California Chapter of APA, conferences of the League of California Cities, meetings of the Orange County City Managers Association (OCCMA), meetings of the California Planning Roundtable (CPR), and other such national, regional, state, and local government groups and committees of which MR. ZELINKA serves as a member, as approved by City Council. (c) MR. ZELINKA shall be subject to the CITY's Travel and Meeting Reimbursement Policy. SECTION 7. FINANCIAL DISCLOSURE (a) MR. ZELINKA shall report to the CITY any ownership interest in real property within the County of Orange, excluding MR. ZELINKA's personal residence. Also, MR. ZELINKA shall report to the CITY any financial interest greater than Ten Thousand Dollars ($10,000.00) in value in a firm doing work for the CITY or from which the CITY intends to make a purchase. Such reporting shall be made in writing by MR. ZELINKA to the CITY within ten (10) calendar days of the execution of this AGREEMENT and, further, within ten (10) calendar days of the acquisition of that interest in real property. 10 Alfred Zelinka Employment Agreement 2022 Additionally, MR. ZELINKA shall report in writing to the CITY any financial interest greater than Ten Thousand Dollars ($10,000.00) in value in a firm doing work with the CITY or from whom the CITY intends to make a purchase immediately upon notice of the intended work or purchase. (b) MR. ZELINKA shall complete and file all required Fair Political Practices Commission (FPPC) forms, including Form 700 Statement of Economic Interests. SECTION 8. INDEMNIFICATION Subject to the provisions of this AGREEMENT, CITY shall defend, save harmless, and indemnify MR. ZELINKA against any claim for negligent tort or omissions, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged negligent act or omission occurring in the performance of his duties as City Manager in accordance with the provisions of California Government Code Section 825. Said indemnification shall extend beyond termination of employment to provide full and complete protection to MR. ZELINKA by CITY for any acts undertaken or committed in his capacity as City Manager, regardless of whether the notice of filing of a lawsuit for such tort, claim, demand, or other legal action occurs during or following employment with CITY. SECTION 9. CONFIDENTIALITY MR. ZELINKA acknowledges that in the course of his employment with the CITY, MR. ZELINKA will be given access to or will have access to confidential and proprietary documents and information relating to the CITY, its residents, businesses, employees, and customers ("Confidential Information"). Such Confidential Information may include, but is not limited to, all information given to or otherwise accessible to MR. ZELINKA that is not public information or would be exempt from public disclosure as confidential, protected, exempt, or privileged information. MR.ZELINKA shall hold all Confidential Information in trust for the CITY's benefit 11 Alfred Zelinka Employment Agreement 2022 and shall not disclose the Confidential Information to others without the expressed written consent of the CITY. All Confidential Information shall be promptly returned to the CITY immediately upon the effective date of any termination or resignation. SECTION 10. NOTICES Any notices to be given hereunder by either Party to the other shall be in writing and may be transmitted by personal delivery or by mail,postage prepaid. Mailed notices shall be addressed to the Parties as follows: If sent by MR. ZELINKA to CITY: City of Huntington Beach Human Resources Office 2000 Main Street Huntington Beach, California 92648 If sent to MR. ZELINKA by CITY: To MR. ZELINKA's address on file with the Human Resources Office Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of the date of postmark. SECTION 11. ATTORNEY'S FEES In the event any legal proceeding is instituted to enforce any term or provision of the AGREEMENT, the prevailing Party in said legal proceeding shall not be entitled to recover attorney's fees and costs from the opposing Party. SECTION 12. REIMBURSEMENT TO CITY REQUIRED Notwithstanding the foregoing, the following provisions requiring reimbursement for certain compensation and/or indemnification provided to MR. ZELINKA by the CITY apply: (a) Paid Leave. Pursuant to Government Code section 53243,in the event that MR.ZELINKA is convicted of a crime involving the abuse of his office or position, as defined by 12 Alfred Zelinka Employment Agreement 2022 Government Code section 53243.4, with the CITY, any paid leave or salary provided by the CITY for the time period in which the MR. ZELINKA is under investigation for such crimes shall be fully reimbursed by MR. ZELINKA to the CITY. (b) Legal Defense. The City will not pay for any legal defense for allegations that MR. ZELINKA committed a crime. However, pursuant to Government Code section 53243.1, in the event that MR. ZELINKA is convicted of a crime involving abuse of his office or position, as defined by Government Code section 53243.4, MR. ZELINKA shall fully reimburse the CITY for any costs provided at CITY expense. (c) Severance. Pursuant to Government Code section 53243.2, in the event that MR. ZELINKA is convicted of a crime involving abuse of his office or position, as defined by Government Code section 53243.4,MR.ZELINKA shall fully reimburse the CITY for any cash settlement, including but not limited to severance pay,paid to MR. ZELINKA related to his termination under this AGREEMENT. SECTION 13. ENTIRE AGREEMENT This AGREEMENT supersedes any and all other agreements whether oral or written, between the Parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the Parties with respect to said matter, and each Party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein, and that any other agreement or modification of this AGREEMENT shall be effective only if executed in writing and signed by both CITY and MR. ZELINKA. SECTION 14. VALIDITY The validity in whole or in part of any provision of this AGREEMENT shall not void or affect the validity of any of the other provisions of this AGREEMENT. 13 Alfred Zelinka Employment Agreement 2022 SECTION 15. AGREEMENT VOLUNTARY AND KNOWING MR. ZELINKA agrees and acknowledges that he has had an opportunity to consult legal counsel in regard to this AGREEMENT,that he has read and understands this AGREEMENT,that he is fully aware of its legal effect, and that he has.entered into it freely and voluntarily and based on his own judgment and not on any representation or promises other than those contained in this AGREEMENT. MR. ZELINKA agrees that this AGREEMENT should be interpreted as if mutually prepared and without the same being construed for or against any Party. SECTION 16. GOVERNING LAW This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. SECTION 17. EFFECT OF WAIVER The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this AGREEMENT by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. IN WITNESS WHEREOF, the CITY has caused this AGREEMENT to be signed and executed on its behalf by its City Council, and MR. ZELINKA has signed and executed this AGREEMENT, both in duplicate,the day and year first above written. CITY MANAGER: CIT F H TING B AC Alfred Zelinka Mayor Barbara Delgleize APPROVED ORM: City ttorney 14 Alfred Zelinka Employment Agreement 2022 SECTION 15. AGREEMENT VOLUNTARY AND KNOWING MR. ZELINKA agrees and acknowledges that he has had an opportunity to consult legal counsel in regard to this AGREEMENT,that he has read and understands this AGREEMENT,that he is fully aware of its legal effect, and that he has.entered into it freely and voluntarily and based on his own judgment and not on any representation or promises other than those contained in this AGREEMENT. MR. ZELINKA agrees that this AGREEMENT should be interpreted as if mutually prepared and without the same being construed for or against any Party. SECTION 16. GOVERNING LAW This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. SECTION 17.EFFECT OF WAIVER The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this AGREEMENT by the other Party shall not be deemed_a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. IN WITNESS WHEREOF, the CITY has caused this AGREEMENT to be signed. and executed on its behalf by its City Council, and MR. ZELINKA has signed and executed this AGREEMENT, both in duplicate,the day and year first above written. CITY M R: (SIT F TINGTI *A A AA6a V11 q%f Ile z wwwWWWOW Alfred helinka\L�v Mayor Barbara Delgleize .-0109 APPROVED t RM: ri tyr Mey 14 Alfred Zelinka Employment Agreement 2022 COUNTERPART Res. No. 2022-25 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on May 3, 2022 by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick NOES: None ABSENT: None RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California RESOLUTION NO. 2022-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING THE NON-ELECTED NON-REPRESENTED EMPLOYEES PAY SCHEDULE TO AMEND THE COMPENSATION FOR THE CITY MANAGER WHEREAS,the City Council of the City of Huntington Beach desires to modify the salary for non-elected, non-represented employees upon adoption of this resolution; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1. The salary range for the City Manager shall be modified as reflected in Exhibit 1 A, attached hereto and incorporated by this reference. SECTION 2. All other benefits and salary ranges established and reflected in the Non- Associated Employees Pay and Benefits Resolution 2022-09 shall continue unless modified by City Council action. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of May, 2022. s Mayor REVIEWED AND APPROVED INITIATED AND APPROVED e�� 6 . Mz&'6- City Manager U Director of Administrative Services APPROVE O FORM'. c Attorney 22-11308/281861 Resolution No. 2022-24 EXHIBIT 1A NON-ASSOCIATED APPOINTED EXECUTIVE MANAGEMENT SALARY SCHEDULE Effective May 3,2022* Starting Control High Point Point Point Job Description Pay A B C D E F G No Range EXECUTIVE MANAGEMENT 591 City Manager I NA0591 I PerContractj 1 139.861 53.85 29 Interim City Manager 289 98.36 103.28 108.44 113.87 119.56 125.54 131.82 DEPARTMENT HEADS 592 Assistant City Manager 275 85.57 89.85 94.34 99.06 104.01 109.21 114.67 15 Fire Chief 275 85.57 89.85 94.34 99.06 104.01 109.21 114.67 11 Police Chief 275 85.57 89.85 94.34 99.06 104.01 109.21 114.67 518 Chief Financial Officer 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 589 Community Development Director 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 800 iDirector of Administrative Services 1 269 1 80.61 84.641 88.88 93.321 97.99 102.88 108.03 801 IDirector of Community&Library Services 1 269 1 80.61 84.641 88.881 93,321 97.991 102.881 108.03 10 1 Director of Public Works 1 269 1 80.61 84.641 88,881 93.321 97.991 102.881 108.03 CONTRACT NON-DEPARTMENT HEADS 593 Chief Assistant City Attorney 261 74.44 78.17 82.08 86.18 90.491 95.01 99.76 860 Deputy Director of Homelessness& 258 72.26 75.87 79.66 83.64 87.83 92.22 96.83 Behavioral Health Services 845 Deputy Director of Public Works 258 72.26 75.87 79.66 83.64 87.83 92.22 96.83 900 Assistant Chief Financial Officer 249 66.07 69.37 72.84 76.48 80.3 84.32 88.53 850 Deputy Director of Administrative Services 249 66.07 69.37 72.84 76.48 80.3 84.32 88.53 855 Deputy Director of 249 66.07 69.37 72.84 76.48 80.3 84.32 88.53 Community&Library Services 840 Deputy Director of 249 66.07 69.37 72.84 76.48 80.3 84.32 88.53 Community Development 699 IDeputy Community Prosecutor 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 *Per Resolution No.2022-24 adopted on 05/03/2022,the compensation of City Manager was modified. NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION ONOWASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION - EXHIBITA ..............................................................................................................1 SECTION1 - PAY...........................................................................................................1 A. APPOINTED SALARY SCHEDULE ............................................................................... 1 B. ELECTED SALARY SCHEDULE................................................................................... 1 C. PERFORMANCE BONUS............................................................................................ 1 D. DIRECT DEPOSIT.....................................................................................................2 E. ASSIGNED VEHICLE/AUTO ALLOWANCE ....................................................................2 SECTION II- HOURS OF WORK/OVERTIME/TIME OFF.............................................2 A. EXECUTIVE LEAVE...................................................................................................2 B. FLEXIBLE AND ALTERNATIVE WORK SCHEDULES........................................................2 1. 5/40 Work Schedule....................................................................................................................2 2. 9/80 Work Schedule....................................................................................................................2 3. Alternative Work Schedule..........................................................................................................2 SECTION III - HEALTH AND OTHER INSURANCE BENEFITS...................................3 A. HEALTH INSURANCE................................................................................................3 1. Medical, Dental and Vision Insurance.........................................................................................3 2. City and Employee Paid Health Insurance.................................................................................3 3. Medical Cash Out........................................................................................................................5 4. Section 125 Plan.........................................................................................................................5 B. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE ...............................5 C. LONG-TERM DISABILITY INSURANCE.........................................................................5 D. CITY-PAID PHYSICAL EXAMINATIONS ........................................................................6 E. MISCELLANEOUS.....................................................................................................6 F. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL RETIREE SUBSIDY PLAN .................................................................................................6 G. POST-65 SUPPLEMENTAL MEDICARE COVERAGE ......................................................6 SECTION IV- RETIREMENT.........................................................................................7 A. BENEFITS...............................................................................................................7 1. Self-Funded Supplemental Retirement Benefit..........................................................................7 2. Medical Insurance for Retirees...................................................................................................7 B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTIONS AND REPORTING............7 1. "Classic Member"Miscellaneous Retirement Benefits....................................................7 2. "New Member" Miscellaneous Retirement Benefits........................................................8 3. "Classic Member"Safety Members Retirement Benefits..................................................8 4. "New Member"Safety Retirement Benefits...................................................................9 5. IRS Code 414(h)(2)..................................................................................................9 6. Pre-Retirement Optional Settlement 2 Death Benefit.................................................................9 7. Fourth Level of 1959 Survivor Benefits.......................................................................................9 8. VEBA Plan Requirements...........................................................................................................9 Exhibit A to Non-Associated Resolution No.2022-09 i NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION SECTION V- LEAVE BENEFITS ................................................................................ 11 A. GENERAL LEAVE................................................................................................... 11 1. Accrual......................................................................................................................................11 2. Eligibility and Approval .............................................................................................................11 3. Leave Benefit Entitlements.......................................................................................................11 4. Conversion to Cash..................................................................................................................11 B. HOLIDAYS AND PAY PROVISIONS............................................................................ 12 C. BEREAVEMENT LEAVE........................................................................................... 12 D. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM........................................ 13 SECTION VI- RETIREE SUBSIDY MEDICAL PLAN.................................................. 13 SECTION VII - MISCELLANEOUS.............................................................................. 13 A. COLLECTION OF PAYROLL OVERPAYMENTS............................................................. 13 B. UNIFORMS AND CALPERS REPORTING .................................................................. 13 EXHIBIT 1 A- NON-ASSOCIATED APPOINTED SALARY SCHEDULE.................... 14 EXHIBIT 1 B- NON-ASSOCIATED ELECTED SALARY SCHEDULE.....................15 EXHIBIT 2 - RETIREE MEDICAL PLAN...................................................................... 16 EXHIBIT 3-9/80 WORK SCHEDULE.........................................................................20 EXHIBIT 4-VOLUNTARY CATASTROPHIC LEAVE DONATION.............................22 Exhibit A to Non-Associated Resolution No.2022-09 ii NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT A SECTION I— PAY A. Appointed Salary Schedule Effective March 19, 2022, the parties agree that the salary schedule in Exhibit 1A reflects the following modifications from the salary schedule in Resolution No. 2016-50: 1. The salary schedule will include seven (7) steps from A-G; 2. The steps will be five percent(5%) steps; 3. The salary ranges will be one percent (1%)apart; 4. Each job classification will be assigned a salary range by: a. Locating the range on the new salary schedule with a Step F that is nearest to the position's current top step (Step E)without being less; and then, b. Moving two ranges higher,thereby providing a wage increase of not less than two percent(2%)for all appointed non-represented employees. 5. Each employee will be placed on the step (A-F) of their classification's assigned salary range that is nearest to their base salary step (A-E of the November 2, 2020, salary schedule)without being less. 6. Once placed on the new,seven-step salary schedule,employees will be eligible to move to the next step on their anniversary date (i.e., the date they are due for their next evaluation) upon receipt of a satisfactory evaluation. 7. The City Manager is authorized to set the salaries of the appointed executive management positions identified in Exhibit 1A at any rate at or below Step E of the designated salary range. The City Manager is authorized to increase the salary by 5% based upon performance at annual review and market data. However, no salary for a new employee may be set above Step E at any time without City Council approval. B. Elected Salary Schedule 1. All elected executive management positions shall receive the salaries as identified in Exhibit 1 B. 2. The City Council shall set the salaries of the elected executive management positions identified in Exhibit 113, at any rate within the designated salary range. C. Performance Bonus 1. Appointed employees who are at Step G on the salary schedule are eligible for an annual performance bonus of up to three percent (3%) of their base pay at the time of their evaluation. 2. The annual performance bonus amount will be determined based upon the evaluation of the employee's performance. A completed performance evaluation with specific Exhibit A to Non-Associated Resolution No.2022-09 1 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION recognition of outstanding performance must be attached to the Personnel Action Form and sent to the Human Resources Division. The evaluation will also identify performance goals and objectives. The parties agree that to the extent permitted by CalPERS or law, the City will report the compensation in this section as special compensation pursuant to Title 2 CCR, Section 571(a)(1) Bonus. D. Direct Deposit All Non-Associated employees are required to utilize direct deposit of payroll checks. E. Assigned Vehicle/Auto Allowance Appointed Department Heads, Contract Non-Department Heads, as well as the City Clerk, City Treasurer, and City Attorney shall receive 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. Appointed Department Heads and the City Clerk, City Treasurer, and City Attorney shall have the option of an assigned City vehicle in lieu of an auto allowance. SECTION II— HOURS OF WORK/TIME OFF A. Executive Leave Non-Associated exempt employees shall not be eligible for overtime compensation. Exempt department heads and contract non-department heads shall be credited with eighty (80) hours of executive leave per calendar year. B. Flexible and Alternative Work Schedules 1. 5/40 Work Schedule The 5/40 work schedule shall be defined as working five (5), eight (8) hour days, Monday through Friday each week, with a one-hour lunch during each work shift, totaling a forty (40) hour 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. Exhibit A to Non-Associated Resolution No.2022-09 2 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION SECTION III — HEALTH AND OTHER INSURANCE BENEFITS A. Health Insurance 1. Medical, Dental, and Vision Insurance 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 effective date of coverage and pro-rated for coverage through the end of the month in which employment was separated. i. Maximum Employer Contributions — The City's maximum monthly employer contributions for each employee's health and other insurance premiums are set forth as follows: a. The City's maximum monthly contribution to medical premiums for elected non-represented positions will continue at the current City contribution rate. Actual contributions for plan year 2022 based on premium costs are shown in the rate sheet included herein. b. Effective the beginning of the month following Council approval, the City's maximum monthly contribution to medical premiums for appointed non- represented positions will increase as summarized in the table below. c. Effective the pay period that includes January 1, 2023, the City's maximum monthly contribution to medical premiums will increase by$23.33 per month, per medical plan and enrollment tier, up to, but not to exceed the monthly plan premium cost. d. The maximum City contribution shall be based on the employee's enrollment in each plan. If the employee enrolls in a plan wherein the costs exceed the City contribution, the employee is responsible for all additional premiums through pre-tax payroll deductions. Exhibit A to Non-Associated Resolution No.2022-09 3 1 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION Current City Maximum City Contributions Contribution// for Appointed Positions Plan Tier Maximum for Effective the Month Effective the Pay Elected Following City Period Including Positions* Council Approval January 1, 2023 Single 551.00 587.92 611.25 Kaiser Two-Party 1,174.36 1,233.08 1,256.41 Family 1,370.04 1,438.54 1,461.87 Single 621.00 662.61 685.94 Blue Shield TRIO HMO Two-Party 1,174.36 1,233.08 1,256.41 Family 1,370.04 1,438.54 1,461.87 Single 677.00 722.36 745.69 Blue Shield HMO Two-Party 1,174.36 1,233.08 1,256.41 Family 1,370.04 1,438.54 1,461.87 Single 740.00 789.58 812.91 Blue Shield PPO Two-Party 1,335.78 1,402.57 1,425.90 Family 1,514.31 1,590.03 1,613.36 Single 567.00 590.33 Blue Shield HDHP Two-Party 1,163.00 1,186.33 Family 1,432.00 1,455.33 *Applies to elected non-represented positions for an indefinite period. ii. "Safety Member" Health Premiums—Employer Contribution Employees who are classified as a "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 will match the PORAC Region 2 premiums, but not to exceed the maximum amounts indicated in the chart below. The amounts listed therein include the mandated Public Employees' Medical and Hospital Care Act(PEMHCA) contribution. Non-Associated Safety Members Current City Effective the Month Effective the Pay Plan Tier Contribution Following City Period Including Council Approval January 1, 2023 Single 774.00 825.86 849.19 Medical Two-Party 1,623.00 1,704.15 1,727.48 Family 2,076.00 2,179.80 2,203.13 iii. Employees shall not be entitled to the difference between the employer contribution and the premiums for insurance plan(s) selected by the employee. Exhibit A to Non-Associated Resolution No.2022-09 4 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION iv. Future Premiums The City caps its contributions toward monthly group medical, dental, and vision plan premiums by category (Single, Two-Party, and Family) as outlined in sections i and ii above. For the term of this agreement, and thereafter unless modified by negotiated agreement of the parties, the City's monthly contributions to medical, dental, and vision insurance shall remain as specified for the 2022 and 2023 Health Premiums and Contribution amounts, unless otherwise specified herein. The City's contribution caps will remain in place, even if premium increases result in these additional costs being borne by the employee. 3. Medical Cash Out If an employee is covered by a medical program outside of a City-provided program (evidence of which must be supplied to Human Resources), the employee may elect to discontinue City medical coverage and receive the monthly value of the City's contribution to the Kaiser, Employee-only medical premium offered to this unit. Safety Members will receive the monthly value of the City's contribution for the lowest-cost, employee only medical coverage as described in Article III.A.2.(ii). 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 their own expense, to purchase additional amounts of life insurance and accidental death and dismemberment insurance to the extent provided by the City's current providers. Evidence of insurability is contingent upon total participation in additional amounts. C. Long-Term Disability Insurance This program provides 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, or executive leave pay. Subsequent to the thirty-(30) day waiting period, the employee will be covered by an insurance plan paid for by the City providing sixty-six and two-thirds percent (66 2/3%) of the first$12,500 of the employee's basic monthly earnings up to a maximum monthly benefit of$8,332.50. The maximum benefit period for disability due to injury or illness shall be to age sixty-five (65). Days and months refer to calendar days and months. Benefits under the plan are integrated with sick leave, Worker's Compensation, Social Security and other non-private program benefits to which the employee may be entitled. Disability is defined as: "The inability to perform all of the duties of regular occupation during two years and thereafter the inability to engage in any employment or occupation, for which they are fitted by reason of education, training or experience." Rehabilitation benefits are provided in the event the individual, due to disability, Exhibit A to Non-Associated Resolution No.2022-09 5 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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 Office. 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. 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 Exhibit A to Non-Associated Resolution No.2022-09 6 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION without the Retiree Medical Subsidy Plan, may participate in City-sponsored medical insurance plans that are supplemental to Medicare, after a contract is in place between the City and a health insurance provider. A retiree or qualified dependent must choose to participate in City-sponsored medical insurance plans that are supplemental to Medicare beginning the first of the month in which the retiree or qualified dependent turns age sixty-five (65). The retiree shall pay the full premium to participate in City-sponsored medical insurance plans that are supplemental to Medicare for themselves or qualified dependents without any City subsidy. Retirees or qualified dependents, upon turning age 65, who choose not to participate in the City- sponsored medical insurance plans that are supplemental to Medicare permanently lose eligibility for this insurance. SECTION IV— RETIREMENT A. Benefits 1. Self-Funded Supplemental Retirement Benefit In the event a Non-Associated employee member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employees' Retirement law,the City shall pay the difference between such elected option and the unmodified allowance which the member would have received for their life alone as provided in California Government Code sections 21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the member(Non-Associated employee), shall be payable by the City during the life of the member, and upon that member's death, the City's obligation shall cease. Unless previously excluded by employment or resolution, eligibility for this benefit is limited to employees hired before December 27, 1997. 2. Medical Insurance for Retirees a. Upon retirement, whether service or disability connected, each Non-Associated employee shall be entitled to cause self, spouse, and dependents to participate fully in the City's group health insurance program at the equivalent of the City's group premium rate in accordance with the provisions specified by Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). Such participation shall be at employee's expense and upon terms, conditions, and restrictions currently in effect. b. As an alternative to the benefit described in the preceding paragraph, the City will provide a financial contribution towards the cost of retiree medical premiums as described in Section VI. B. Public Employees' Retirement System Contributions and Reporting 1. "Classic Member" Miscellaneous Members Retirement Benefits Exhibit A to Non-Associated Resolution No.2022-09 7 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION a. Retirement Formula —The City shall provide all miscellaneous employees described as classic members by the Public Employees' Pension Reform Act of 2013 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. Classic Member Miscellaneous CalPERS Member Contribution — All 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. One-Year Final Compensation — 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. 2. "New Member" Miscellaneous Members Retirement Benefits — For New Members within the meaning of the California Public Employees' Pension Reform Act of 2013 as defined in California Government Code Section 7522.04(f). a. Retirement Formula— New Members shall be governed by the two percent at age 62 (2% @ 62) retirement formula set forth in Government Code section 7522.20. b. Final Compensation — 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. c. New Member Miscellaneous CalPERS Member Contribution — Effective January 1, 2013, all new members, as defined by PEPRA and determined by CalPERS, shall contribute one half(50%)of the normal cost as established by CalPERS each year in its annual valuation for the City, as required by California Government Code Section 7522.30(c). 3. "Classic Member" Safety Members Retirement Benefits a. Retirement Formula — 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. Exhibit A to Non-Associated Resolution No.2022-09 8 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION b. Classic Member Safety CalPERS Member Contribution — 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. One-Year Final Compensation — The City shall contract with CaIPERS 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. 4. "New Member" Safety Members Retirement Benefits — For New Members within the meaning of the California Public Employees' Pension Reform Act of 2013. a. Retirement Formula—New Members shall be governed by the two and seven tenths percent at age 57 (2.7% @ 57) retirement formula set forth in Government Code section 7522.25(d) b. Final Compensation — 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. c. New Member Miscellaneous CalPERS Member Contribution —All new members as defined by PEPRA and determined by CalPERS, shall contribute one half (50%) of the normal cost, as established by CalPERS. 5. IRS Code Section 414(h)(2) The City has adopted the CalPERS Resolution in accordance with IRS Code section 414(h)(2)to ensure that both the employee contribution and the City pickup of the required member contribution are made on a pre-tax basis. However, ultimately, the tax status of any benefit is determined by the law. 6. 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. 7. 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. 8. VEBA Plan Requirements a. Eligibility Defined Effective December 23, 2009, all eligible non-associated 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 Exhibit A to Non-Associated Resolution No.2022-09 9 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION receives benefits. Eligibility criteria may be amended upon a majority vote of non- associated employees, as no cost is borne by the City. b. Leave Payout Plan Contribution Each eligible unrepresented management employee shall designate all leave payouts to be rolled over to their VEBA Plan account based on the established range upon separation from City employment. c. Participant Account A separate account is maintained for each contributing eligible non-associated 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. d. Administrative Fees Any Plan administrative fees will be deducted from interest on the total Plan investments. An eligible non-associated 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. e. 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 Commission for any reason whatsoever. f. Indemnification All non-associated 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. Exhibit A to Non-Associated Resolution No.2022-09 10 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION SECTION V— LEAVE BENEFITS A. General Leave 1. Accrual General leave may be used for any purpose, including vacation, sick leave, and personal leave. General leave for non-associated employees shall be accrued as follows: Years of Service Annual General Leave Biweekly General Leave 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 Office. 4. Conversion to Cash a. Pay Off at Termination An employee shall be paid for unused general leave upon termination of employment at which time such terminating employee shall receive compensation at their current salary rate for all unused, earned general leave to which they are entitled up to and including the effective date of their termination. b. Conversion to Cash Two times during each fiscal year, each permanent employee shall have the option to convert into a cash payment or deferred compensation up to a total of one hundred and sixty (160) general leave benefit hours per fiscal year. The employee shall give payroll two (2)weeks' advance notice of their decision to exercise such option. Exhibit A to Non-Associated Resolution No.2022-09 11 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION c. 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) In addition, all appointed positions shall receive the following holidays: (11) Christmas Eve (December 24) (12) New Year's Eve (December 31) 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. The parties agree that the City shall issue an official City holiday calendar in January of each year that will determine the dates that holidays are observed, following the guidelines below: a. City paid holidays which fall on Saturday shall be observed the preceding Friday, and those falling on Sunday shall be observed the following Monday. b. In the event that two consecutive City paid holidays fall on a Friday and Saturday, the two holidays shall be observed on the preceding Thursday and Friday. c. In the event that two consecutive City paid holidays fall on a Sunday and Monday, the two holidays shall be observed on Monday and the following Tuesday. C. Bereavement Leave Employees shall be entitled to bereavement leave not to exceed twenty-four (24) hours in each instance of death in their immediate family. Immediate family is defined as a parent, sibling,spouse, registered domestic partner, child,grandparent,grandchild, or wards of which Exhibit A to Non-Associated Resolution No.2022-09 12 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION the employee is the legal guardian, recognizing all birth, marital, and other legal ties(i.e., step relatives, in-laws, etc.). D. 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). 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). Exhibit A to Non-Associated Resolution No.2022-09 13 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT 1A NON-ASSOCIATED APPOINTED EXECUTIVE MANAGEMENT SALARY SCHEDULE Effective March 19, 2022* Starting Control High Point Point Point o Description Pay Range A B C D E F G EXECUTIVE MANAGEMENT 0591 Cit Manager 294 103.38 108.55 113.98 119.68 125.66 131.94 138.54 0029 1 Interim City Mana er 289 98.36 103.28 108.44 113.87 119.56 125.54 131.89 DEPARTMENT HEADS 0592 Assistant City Manager 275 85.57 89.85 94.34 99.06 104.01 109.21 114.67 0015 Fire Chief 275 85.57 89.85 94.34 99.06 104.01 109.21 114.67 0011 Police Chief 275 85.57 89.85 94.34 99.06 104.01 109.21 114.67 0518 Chief Financial Officer 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 Community Development 0589 Director 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 Director of Administrative 0800 Services 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 Director of Community& 0801 Library Services 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0010 Director of Public Works 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 CONTRACT NON-DEPARTMENT HEADS 0593 1 Chief Assistant City Attorney 261 74.44 78.17 82.08 86.18 90.49 95.01 99.76 0860 Deputy Dir. of Homelessness& 258 72.26 75.87 79.66 83.64 87.83 92.22 96.83 Behavioral Health Services 0845 Deputy Director of 258 72.26 75.87 79.66 83.64 87.83 92.22 96.83 Public Works 0900 Assistant Chief Financial 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 Officer 0850 Deputy Director of 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 Administrative Services 0855 Deputy Director of 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 Community& Library Services 0840 Deputy Director of 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 Community Development 0699 Deputy Community Prosecutor 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 .Per Resolution No. 2022-09 Exhibit A to Non-Associated Resolution No.2022-09 14 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT 1 B NON-ASSOCIATED ELECTED EXECUTIVE MANAGEMENT SALARY SCHEDULE Effective November 2, 2020* Job Pay Starting Control High7_] No Description Grade Point Point Point ELECTED OFFICIALS 0016 CityAttorney NA0016 100.18 111.51 1 1 124.10 0017 Cit Clerk NA0017 69.94 1 77.85 86.66 0018 City Treasurer Part-Time NA0018 69.941 1 77.85 86.66 *Per Resolution No. 2020-80 Exhibit A to Non-Associated Resolution No.2022-09 15 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT 2 RETIREE MEDICAL PLAN An employee who has retired from the City shall be entitled to participate in the City sponsored medical insurance plans and the City shall contribute toward monthly premiums for coverage in an amount as specified in accordance with this Plan, provided: A. At the time of retirement the employee has a minimum of ten (10) years of continuous full time City service or is granted an industrial disability retirement; and B. At the time of retirement, the employee is employed by the City; and C. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees' Retirement System. The City's obligation to pay the monthly premium as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: 1. On the first of the month in which a retiree or dependent reaches age 65 or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City's obligation to pay monthly premiums may be adjusted downward or eliminated. Benefit coverage at age 65 under the City's medical plans shall be governed by applicable plan document. 2. In the event of the death of any employee, whether retired or not, the amount of the retiree medical insurance subsidy benefit which the deceased employee was receiving at the time of their death would be eligible to receive if they were retired at the time of death, shall be paid on behalf of the spouse or family for a period not to exceed twelve (12) months. D. Schedule of Benefits 1. Minimum Eligibility for Benefits With the exception of an industrial disability retirement, eligibility for benefits begins after an employee has completed ten (10) years of continuous full time service with the City of Huntington Beach. Said service must be continuous unless prior service is reinstated at the time of their rehire in accordance with the City's Personnel Rules. Employees hired on or after December 1, 2009 shall not be eligible for this benefit. 2. Disability Retirees Industrial disability retirees with less than ten (10) years of service shall receive a maximum monthly payment toward the premium for health insurance of $121. Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. Payment shall not exceed dollar amount, which is equal to the full cost of premium for employee only. 3. Marital Status — Married retirees eligible for benefits under the Retiree Medical Subsidy Plan may each receive the benefit earned pursuant to Section 4—Maximum Monthly Subsidy Payments, whether enrolled individually as the plan enrollee or whether enrolled as a dependent on any City-sponsored medical plan. Exhibit A to Non-Associated Resolution No.2022-09 16 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 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 10 $121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 Exhibit A to Non-Associated Resolution No.2022-09 17 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 Office 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. 2. City Plans are the primary payer for active employees age 65 and over,with Medicare the secondary payer. Retirees age 65 and over have no City Plan options and are eligible only for Medicare. 3. Premium payments are to be received at least one month in advance of the coverage period. C. Subsidies: 1. The subsidy payments will pay for: a. The Retiree Subsidy Medical Plan. b. HMO. c. Part A of Medicare for those retirees not eligible for paid Part A. 2. Subsidy payments will not pay for: a. Part B Medicare. b. Any other employee benefit plan. c. Any other commercially available benefit plan. d. Medicare supplements D. Medicare: 1. All persons are eligible for Medicare coverage at age 65. Those with sufficient credit quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age 65, but will have to 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.2022-09 18 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 2. When a retiree and their 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 their 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 their spouse who is also age 65 is eligible for paid Part A of Medicare, the subsidy shall be for the retiree's Part A only. E. Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare,the following cancellation provisions apply: a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated on the first day of the month in which the retiree reaches age 65. If such retiree was covering dependents under the Plan, dependents will be eligible for COBRA continuation benefits effective as of the retiree's 65th birthday. b. Dependent coverage will be eliminated upon whichever of the following occasions comes first: 1) After 36 months of COBRA continuation coverage, or 2) When the covered dependent reaches age 65 in the event such dependent reaches age 65 prior to the retiree reaching age 65. c. At age 65 retirees are eligible to make application for Medicare. Upon being considered "eligible to make application," whether or not application has been made for Medicare, the Retiree Subsidy Medical Plan will be eliminated. 2. See provisions under "Benefits," "Subsidies," and "Medicare" for those retirees/dependents not eligible for paid Part A of Medicare. 3. Retiree Subsidy Medical Plan and COBRA participants shall be notified of non- payment of premium by means of a certified letter from Employee Benefits in accordance with provisions of the Non-Associated Resolution. 4. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the Plan and shall not have reinstatement rights. Exhibit A to Non-Associated Resolution No.2022-09 19 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT 3 9/80 WORK SCHEDULE This work schedule is known as"9/80". The 9/80 work schedule is designed to be in compliance with the requirements of the Fair Labor Standards Act (FLSA). In the event that there is a conflict with the current rules, practices and/or procedures regarding work schedules and leave plans, then the rules listed below shall govern. 9/80 WORK SCHEDULE DEFINED The 9/80 work schedule shall be defined as working nine(9)days for eighty(80) hours in a two week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for eight (8) hours (Friday), with a one-hour lunch during each work shift, totaling forty (40) hours in each FLSA work week. The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. A. Forty(40) Hour FLSA Work Week The actual FLSA workweek is from Friday at mid-shift(p.m.)to Friday at mid-shift(a.m.). No employee working the 9/80 work schedule will be able to flex their Friday start time nor the time they take their lunch break, which will be from 12:00 p.m. to 1:00 p.m. on Fridays. All employee work shifts will start at 8:00 a.m. on their Friday worked. The start of the FLSA workweek is 12:00 noon Friday. B. Two Week Pay Period The pay period for employees starts Friday mid-shift (p.m.) and continues for fourteen (14) days until Friday mid-shift (a.m.). During this period, each week is made up of four (4) nine (9) hour work days (thirty-six (36) hours) and one (1) four (4) hour Friday and those hours equal forty (40)work hours in each work week (e.g. the Friday is split into four (4) hours for the a.m. shift, which is charged to work week one and four(4) hours for the p.m. shift, which is charged to work week two). C. A/B Schedules To continue to provide service to the public every Friday, employees are to be divided between two schedules, known as the "A" schedule and the "B" schedule, based upon the departmental needs. For identification purposes, the "A" schedule shall be known as the schedule with a day off on the Friday in the middle of the pay period, or, `off on payday", the "B" schedule shall have the first Friday (p.m.) and the last Friday (a.m.) off, or "working on payday'. An example is listed below: AM PM AM PM AM PM F F S S M T W Th F F S S M T W Th F F A Schedule 4 4 - - 9 9 9 9 - - - - 9 9 9 9 4 4 B Schedule - - - - 9 9 9 9 4 4 - - 9 9 9 9 - - Exhibit A to Non-Associated Resolution No.2022-09 20 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION D. A/B Schedule Changes FLSA exempt employees may change A/B schedules at the beginning of any pay period with supervisor or City Manager approval. E. Emergencies All employees on the 9/80 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Manager, or designee may require such service from any of said employees. LEAVE BENEFITS When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9) hours of eligible leave per workday shall be charged against the employee's leave balance or eight (8) hours shall be charged if the day off is a Friday. All leaves shall continue under the current accrual, eligibility, request and approval requirements. 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. Exhibit A to Non-Associated Resolution No.2022-09 21 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT 4 VOLUNTARY CATASTROPHIC LEAVE DONATION Guidelines 1. Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either return to work, long-term disability, or medical retirement. Permanent employees who accrue vacation, general leave or compensatory time may donate such leave to another permanent employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member.The leave-sharing Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of vacation, general, or sick leave. 2. Definitions Catastrophic Illness or Injury-A serious debilitating illness or injury, which incapacitates the employee or an employee's family member. Family Member-For the purposes of this policy,the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave Accrued compensatory, vacation or general leave hours may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty(40) hours. 4. Eligibility Permanent employees who accrue vacation or general leave may donate such hours to eligible recipients. Compensatory time accrued may also be donated. An eligible recipient is an employee who: • Accrues vacation or general leave; • Is not receiving disability benefits or Workers' Compensation payments; and • Requests donated leave. 5. Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's regular salary during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient's hourly wage. An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources,working with the department,will send out the request for leave donations. Exhibit A to Non-Associated Resolution No.2022-09 22 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. Other Please contact the Human Resources Office with questions regarding employee participation in this program. Exhibit A to Non-Associated Resolution No.2022-09 23 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 • I am not receiving disability benefits or Workers' Compensation payments. Name: (Please Print or Type: Last, First, MI) ork Phone: Department: ob Title: Employee ID#: Requester Signature: Date: Department Director Signature of Support: Date: Human Resources Office Use Only End donation date will bridge to: End donation date: ❑ Long Term Disability ❑ Medical Retirement beginning ❑ Length of FMLA leave ending ❑ Return to work dministrative Services Director Signature: Date signed: Please submit this form to the Human Resources Office for processing. Exhibit A to Non-Associated Resolution No.2022-09 24 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Donor Name: (Please Print or Type:Last, First, MI) ork Phone: Donor Job Title: Type of Accrued Leave: Number of Hours I wish to Donate: ❑ Vacation Hours of Vacation ❑ Compensatory Time Hours of Compensatory Time ❑ General Leave Hours of General Leave 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. 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 Payroll/Finance Department. Exhibit A to Non-Associated Resolution No.2022-09 25 Res. No. 2022-24 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on May 3, 2022 by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Posey, Moser, Kalmick NOES: None ABSENT: None RECUSE: None City Clerk'and ex-officio Clerk of the City Council of the City of Huntington Beach, California AL ZELINKA, FAICP, CMSM CAREER SUMMARY Al Zelinka is the City Manager (and former Assistant City Manager and Community Development Director) for the City of Riverside, California. Prior to this, he was Community Development Director (and Planning Manager) for Fullerton, California. Before serving the City of Fullerton, Al was Vice President with RBF Consulting and served as Principal of RBF Consulting's Urban Design Studio. For the past thirty one years, Al's professional practice has upheld his original career objective: to "make a difference" in communities and the profession. He is a Fellow of the American Institute of Certified Planners, is a Certified Main Street Manager, and is certified in Community Economic Development. Al has been highly successful leading efforts for towns, cities, and developers that improve and/or revitalize neighborhoods, commercial districts, downtowns, and corridors by working with community members in meaningful ways to facilitate desired investment and achieve envisioned outcomes. Al has played an active part in well over 150 planning and development projects (nearly 30 of which have received awards), practiced planning and delivered presentations or training in more than 28 states (plus the District of Columbia), co-authored two books and wrote or co-wrote more than 30 articles, and has lectured at 15 universities. He holds a Bachelor of Science in Public Planning from Northern Arizona University and a Master of Regional Planning from Cornell University.Al's career highlights include: Leadership ■ Al has 20 plus years executive-level leadership experience guiding initiatives,programs,and projects for public benefit. ■ He is currently 2°a Vice President for the League of California Cities,Riverside County Division,City Managers Group. ■ Al is currently serving as an Advisory Board/Committee member for: Orange Home Grown,The Charles A. Bibbs African American Museum and Cultural Center, UC Riverside School of Business, USC Price Graduate Planning Program, California Baptist University School of Business,and Olive Crest. ■ Northern Arizona University will induct Al into the Hall of Fame for the College of Social and Behavioral Sciences in October 2021 for his public service,service to NAU,and contributions to part,current,and future Planning students. ■ He is featured in John Forester's How Spaces Become Places: Place Makers Tell Their Stories,Chapter 3:Community Building in Place—Analysis,Design and Collaboration: Preface and a Profile of Al Zelinka,(New Village Press in 2021). ■ Al received the 2019 Government&Community Relations Award from the NAACP. ■ Riverside Branch Al was a TEDx speaker at The Other Things 2016 La Sierra University TEDx event in Riverside. ■ He is currently a member and a Past President of the California Planning Roundtable (served as President in 2011 and 2012), a 40-year organization dedicated to advancing the practice and profession of planning for a better California. ■ He received the Kenneth Jones Excellence in Training Award from the NeighborWorks®Training Institute in May 2007 for being an"Innovator,Mentor,and Collaborator." Authorship • Al is a recognized thought leader on public safety through planning and urban design, on which he has authored many publications, co-authored a book for the American Planning Association entitled SafeScape: Creating Safer, More Livable Communities Through Planning and Design(March 2001),and delivered innumerable presentations and trainings. • He co-authored an APA Planners Advisory Service Report with Susan Jackson Harden, entitled Placemaking On A Budget (December 2005)and has provided training,workshops and presentations on placemaking to thousands. • Al has written or co-authored more than 30 articles for various publications on a range of topics. Student Education • He established the first scholarship endowment for planning students at Northern Arizona University. • He has instructed courses or lectured at/for UC Irvine, Cornell University, Northern Arizona University, Sonoma State University, University of Southern California, California State University Long Beach, California State University San Bernardino, California State University Fullerton, Cal Poly Pomona, Cal Poly San Luis Obispo, UC Davis Extension, UCLA Extension, UC Riverside, and University of Southern New Hampshire and has served on 10 graduate student thesis committees. Community Service ■ Al was Assistant Scoutmaster for Troop 1475 in Orange from 2018-2021.(His son,John,earned the rank of Eagle Scout.) ■ In his neighborhood, Al led efforts to establish a Neighborhood Watch Program and a produce exchange (called the Palmyra Produce Exchange),whereby neighbors share fruits,nuts, and vegetables grown in their yards,etc. ■ He has many years board member experience with the California Downtown Association, Northern Arizona University National Alumni Association,American Planning Association chapters/sections and Big Brothers/Big Sisters of America. ■ He served as a Volunteer in Service to America (VISTA)where he led the Resource Apprenticeship Program for Students in northern Alaska,securing and coordinating natural resource apprenticeships for 25 at-risk Alaska Native youth. Al Zelinka,FAICP,CMSM(Revised:February 28,2022) Page 1 431 EDUCATION MASTER OF REGIONAL PLANNING —Cornell University, May 1991. Emphasis in downtown and neighborhood revitalization, land use planning,urban design,and computer applications in planning. Two-year graduate assistantship/fellowship. BACHELOR OF SCIENCE IN PUBLIC PLANNING, MINOR IN BUSINESS ADMINISTRATION — Northern Arizona University, May 1989. Graduated with honors(Cum Laude). Four-year academic scholarship. College of Social and Behavioral Sciences Hall of Fame (Induction on October 15, 2021). Recipient of the 2000 Rising Star Alumnus distinguished recognition by the College of Social and Behavioral Sciences, Department of Geography and Public Planning. PROFESSIONAL EXPERIENCE CITY MANAGER(DUNE 2018 TO PRESENT) CITY OF RIVERSIDE,CALIFORNIA Reporting to the Riverside City Council, leads 2021/2022 budget of$1.2 billion (of which $287 million is general fund and $116 million is capital projects), 12 departments and staff of over 2,500. Responsible for implementing the Envision Riverside 2025 Strategic Plan, City Council policy and all Riverside City Charter-defined responsibilities. Specific areas of note: ■ Financial Health.Established the CalPERS Challenge to address an inherited structural deficit by engaging the entire City team to assess opportunities for revenue generation and cost savings through refinancing bond indebtedness, establishing various revenue generation policies, capturing cost savings, improving the City's processing of new development, establishing Pension Stabilization Fund/Section 115 Pension Trust Account,putting in place one-time revenue policy, and issuing pension obligation bonds - all resulting in balanced budgets for Fiscal Years 2020/21 and 2021/22, including annual savings of approximately$7+million in CalPERS annual cost reductions.Current projections are an elimination of the structural deficit and anticipated surplus of nearly$50 million between FY 2020-21 and FY 2021-22, not including any state or federal COVID-related funding. Presently utilizing priority-based budgeting to inform 2-year budget for 2022/23 through 2023/24. Facilitated 50% increase in year-over-year planning, building and development customers via on-line portal for the One Stop Shop (and a reduction of more than 70% of walk-in customers), achieved five-year average of record-setting new private sector building valuation in the City($300 million+),and rolled out a state-of-the-art GIS system. ■ Transition of City Leadership.Effectively transitioned a newly elected City Council majority leadership(i.e., five of 7 City Councilmembers and a new Mayor were newly elected) by establishing comprehensive onboarding system, conducting strategic planning process (Envision Riverside 2025 Strategic Plan), and putting into place protocols and systems throughout the organization that reinforce public interest and public trust in local government.Additionally,worked collaboratively to transition two new charter officers-City Attorney and City Clerk- onto the City Team. ■ Stability During Challenging Times. Navigated the political, economic, community, and organizational impacts of Homelessness, the Covid-19 Pandemic, Wildfires and Social Unrest. Facilitated nearly 1/3 of City workforce working remotely or hybrid, accomplished balanced budget for Fiscal Year 2021/22, transitioned to a fully state-of-the-art GIS system, stood up and achieved third year of record-setting investment in the City(exceeding$300m of building valuation), and worked with the Chief of Police to develop a community-based policing strategy based on the pillars of 21st Century Policing, that included establishing a system of Public Safety Engagement Teams (PSET) comprised of police, code enforcement, homeless outreach and street nurse, as well as the Park and Neighborhood Specialist(PANS) program of 20 non-sworn professionals traversing the City's parks and neighborhoods on foot or electric-assisted bicycles 7-days a week to "keep the peace through peaceful means," build relationships with residents, businesses, and visitors, enforce park rules, and serve as eyes and ears for the Police, Homeless Outreach,Code Enforcement, PSET,and other City functions. ASSISTANT CITY MANAGER(FEBRUARY 2015 TO JuNE 2018) CITY OF RIVERSIDE,CALIFORNIA On behalf of the City Manager, oversaw City services pertaining to infrastructure, investment, and engagement, including Community & Economic Development Department; Public Works Department; Innovation & Technology Department (beginning December 2017); Parks, Recreation&Community Services Department(beginning December 2017) and, Office of Communications. Oversee 2017/18 budget of$201 million(including Successor Agency debt service, CDBG, etc.)and staff of 655. Key initiatives of responsibility: ■ Streamline Riverside, Build Riverside & One Stop Shop. Through Streamline Riverside, oversaw reformation of planning and development regulations and procedures, and consequently revised most fees downward, to efficiently facilitate private investment without sacrificing quality outcomes in the built environment. Through Build Riverside, directed effort to improve customer service and enhance the performance of all inspection and field service staff to improve in-the-field efficiency for all activities occurring between building permit issuance through grand opening/ribbon-cutting. Through the One Stop Shop, relocated nearly 100 staff from all development-related departments and aligned processes and timelines, to create a single City Hall location in-person and on-line that serves the public's investment needs. The Al Zelinka,FAICP,CMSM(Revised:February 28,2022) Page 2 432 One Stop Shop, after more than 18 months of service, maintained an all-time average of 97% positive feedback via the HappyOrNot system. More than 100 state, county, and local government representatives have toured or received presentations on the Riverside One Stop Shop as a model for California. ■ Grow Riverside. Expanded upon the initial 2014 Grow Riverside conference by establishing more components of a strong local food system as a significant economic development opportunity. This initiative takes advantage of Riverside's heritage,advantageous geographic location,local water and electric resources, as well as its 71h-square miles of permanently protected agricultural land, its supply of industrial land(for indoor agriculture, food processing, and food distribution)and significant rail and truck transportation network. Outcomes included the establishment of the non-profit Riverside Food Systems Alliance, establishment of a Food Hub, creation of a new farmer education program, and partnerships among Riverside's 3 universities and 1 college to expand academic,experiential learning,and research in the local food system. ■ Downtown Riverside. Attracting and facilitating infill mixed use housing, cultural and entertainment attractions, hotel and visitor-serving features, unique food and retail settings, and public space enhancements. Nearly 1000 dwelling units and 350 hotel rooms in the pipeline or under construction. Riverside Live!, the new Main Library, the Cheech Marin Center for Chicano Art, Industry & Culture, the Food Lab and Game Lab, Centerpointe, The Mark, and innumerable public art projects are examples of the investment in-process or facilitated. ■ Sustainable Economic Development.Facilitated a strong and resilient local economy by maximizing the opportunities for entrepreneurship and strategic recruitment of uses. This responsibility includes serving on the leadership team that resulted in Riverside being selected by the California Air Resources Board for relocation of its nearly$450 million LEED Platinum Net Zero research and testing facility (including 440+ scientist, engineering and technical research jobs); implemented a strategic approach to developing prosperity through leverage of local assets and local talent; and, identified and developed of catalyst projects that connect existing resources and industries. COMMUNITY DEVELOPMENT DIRECTOR OuLY 2012 TO FEBRUARY 2015) CITY OF RIVERSIDE,CALIFORNIA As a member of the City Manager's economic development team, managed a$9.3 million General Fund budget($44.5 million including Successor Agency debt service, CDBG, etc.) and direct the efforts of 100-person plus team to facilitate investment that is consistent with the City's objectives and the community's expectations. Oversee operations of city planning, building, code enforcement, neighborhoods, historic preservation, urban design, housing authority, successor agency, real property, grants,and homeless services.A range of strategic actions were implemented: ■ Instill Alignment Within City Hall and With Community. Successfully merged Development Department (i.e. former Redevelopment Agency) into Community Development Department and reorganized blended departments into new work teams and aligning mission with the City Manager's Office of Economic Development. Formed OneTeam Committee to allow staff members to identify new and better ways to work together and deliver services. Co-established Collaborative Development meeting to allow interdepartmental leaders to discuss strategic development opportunities. Conducted daily 30-minute dialogues with employees to get to know each better, hear ideas and concerns, and reinforce a positive rapport. Supported expansion of Code Enforcement's Service Driven Initiative to enhance customer/public service, called the Service Excellence Program.Successfully built partnerships with public,private, non-profit, and faith-based organizations to advance strategic planning and economic development initiatives. Participated on City Manager's transparency committee and led effort to integrate MindMixeT as a central part of EngageRiverside--the City's transparency portal on its website. ■ Integrate Technology& Private-Sector Services. Using AB2766 Subvention Funds, procured and implemented Avolve Software's ProjectDox online plan submittal and plan check system(renamed with the working title of"ePlan Review" for use and promotion within the City of Riverside) - resulting in $10,000 per month of combined savings to the City and customers. Led extensive multi-departmental effort to identify and select a permit tracking software program to replace antiquated system. Through a State Historic Preservation Office Grant, supported creation of Riverside Landmarks, a free and fun mobile application that identifies the City's Landmark buildings. Instituted use of contract planners and planning firms to supplement current and advanced planning capacities and expertise of staff. Oversaw Building&Safety Division enhancements including on-call consultants retained to address extra plan check volume and other building services; expanded over-the-counter plan check options(as a result, named 2013 "Building Department of the Year"for California). ■ Inspire Reinvestment & City Building. Secured more than $1 million in grants to conduct fixed guideway transit feasibility study and an integrated Climate Action Plan with an Economic Prosperity Plan. Recruited a Heroes restaurant as a catalyst for revitalizing a challenged location within Downtown Riverside.Attracted Ratkovich Properties to Downtown Riverside to undertake adaptive reuse and mixed-use infill development for the historic Imperial Hardware building. Led creation of a March 19-20, 2014, GrowRiverside: Citrus & Beyond! conference that resulted in a sold-out crowd of 425 Al Zelinka,FAICP,crosm(Revised:February 28,2022) Page 3 433 people and inspired renewed interest in local agriculture as well as expanded food-related economic development. Championed Business Ready Riverside, which focused on integrating efficiencies in processing planning and building applications, updating the sign code, and putting in place a reliable funding program for ongoing technology enhancements. Initiated Our Riverside, Our Neighborhoods, the most significant ABCD (Asset-Based Community Development) neighborhood strategy effort occurring in the United States at that time (in partnership with Riverside Neighborhood Partnership, the Davenport Institute, John McKnight, and others). Led adoption of or amendments to several significant specific plans: California Baptist University Specific Plan; Riverside Community Hospital Specific Plan/Environmental Impact Report;and Riverside Auto Center Specific Plan. COMMUNITY DEVELOPMENT DIRECTOR QUNE 2010 TO JUNE 2012) CITY OF FULLERTON,CALIFORNIA PLANNING MANAGER QULY 2008 TO JUNE 2010) Managed $6 million budget and led 26-person (plus interns and contract staff) department comprising planning and development services division, building and code enforcement division, and housing and community rehabilitation division. Accomplishments included: ■ Created a More Effective and Efficient Department. Reorganized department and re-aligned operations to achieve efficiencies and performance: merged building and code enforcement divisions to result in seamless coordination that achieves faster resolution of building-related code violations; merged planning division and development services (i.e. customer service counter) to fine-tune customer service and ensure applications are processed effectively and efficiently from the start; integrated contract building plan check and inspection services to respond to fluctuating service demands; established reforms to development review process and processing of environmental review(i.e., CEQA)to implement the Permit Streamlining Act while streamlining efforts to facilitate investment while not compromising quality outcomes; facilitated efforts to integrate ProjectDox(by Avolve)on-line plan submittal and plan check system to reduce costs of doing business and increase staff productivity; and, right-sized and restructured department to address staff performance, dissolution of redevelopment, and general fund revenue reductions while maintaining exceptional customer service. ■ Planned for a Vital Future. Oversaw significant planning and resource development achievements: Directed The Fullerton Plan general plan update from start to finish, including broad support from the community and other interests; adoption of multi-hazards mitigation plan; adoption of housing element; adoption of Fullerton Transportation Specific Plan, which includes a form-based code and institutes administrative approval of projects through consistency review by an extension-of- staff "Town Architect;" completed and/or initiated two SCAG Compass Blueprint Demonstration Projects: Fullerton Downtown3D, a three-dimensional GIS- and SketchUp-based digital model of Downtown Fullerton and Fullerton Smart Growth 2 03 0, a guide to the next generation of funding and financing strategies for public infrastructure and development. Directed efforts to: secure nearly$3.5 million in grant funding for planning and capital projects; received designation in 2010 as the only Gold-level Catalyst Community in the Southern California region(and I of only 5 in California);received awards from Urban Land Institute,American Planning Association(California Chapter and Orange County Section), and Southern California Association of Governments. VICE PRESIDENT AND SHAREHOLDER(MAY 1997 TO JULY 2008) RBF CONSULTING,IRVINE,CALIFORNIA PROMOTIONS:ASSOCIATE(2000),SENIOR ASSOCIATE(2003),STOCKHOLDER(2004),VICE PRESIDENT(2007) ■ As Principal of RBF Consulting's Urban Design Studio, managed division with 20 team members company-wide and approximately $15 million in annual contracts. Project director and project manager for the preparation of community- based urban design, neighborhood, and downtown revitalization plans, community involvement processes, and implementation programs. Led or played an active role in more than 80 projects, for which 25 professional awards were received. Sample projects include: Pasadena,CA—Green Building Outreach and Education Program; San Jose, CA—Strong Neighborhoods Initiative Demonstration Projects; Glendora, CA—Route 66 Specific Plan;Yorba Linda, CA—Town Center Blue Ribbon Committee Report; and Tustin,CA—Legacy Park(MCAS Tustin)Design Guidelines. ADDITIONAL PROFESSIONAL EXPERIENCE AVAILABLE UPON REQUEST PROFESSIONAL ACTIVITIES AND PUBLIC SERVICE PROFESSIONAL CERTIFICATION—Fellow of the American Institute of Certified Planners (March 2010);American Institute of Certified Planners (1994, #11175); Certificate in Crime Prevention Through Environmental Design (June 1996); Certified Main Street Manager(March 2000); Professional Certificate in Community Economic Development(June 2004). PROFESSIONAL REFERENCES GLADLY PROVIDED UPON REQUEST Al Zelinka,FAICP,CMSM(Revised:February 28,2022) Page 4 434