HomeMy WebLinkAboutAdopt Resolution No. 2022-82 Modifying Non-Associated Salary m'P/Rovcn y -3
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File #: 22-1113 MEETING DATE: 12/20/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Michael E. Gates, City Attorney
VIA: Michael E. Gates, City Attorney
PREPARED BY: Michael J. Vigliotta, Chief Assistant City Attorney
Subject:
Adopt Resolution No. 2022-82 Modifying Non-Associated Salary Schedule for City Attorney to
Adjust for Recent Inflation, Make Compensation More Competitive
Statement of Issue:
The City Attorney's last compensation increase was May of 2019, which by comparison to all other
City employees, is the longest period for any employee without an increase in compensation.
According to the Bureau of Labor and Statistics, inflation has dramatically increased over those years
by nearly 16%, which reduces income by the same amount in contrast. Moreover, the current
compensation rate for the City Attorney is not competitive, even with other governments in the area.
The City Attorney's current rate is $117.63/hour, and it is recommended that this rate increase to
$140.00/hour to adjust for the dramatic increase in inflation since 2019 and to maintain compensation
as competitive.
The City Attorney has been a dedicated, faithful, and successful public servant. In addition to a string
of legal wins for the City over the past 8 years,just this year alone Mr. Gates won a large, high profile
case at trial defending two of the City's police officers in a $20,000,000 lawsuit. In addition, the City
prevailed in a suit this year against the State of California in which a $5,200,000 decision in favor of
Huntington Beach was won, not including another $22,400,000 that is possible to come back to the
City. The City Attorney's work has been very good and he has provided the City with substantial,
measurable financial and monetary benefits on the scale of millions of dollars. In addition, the City
Attorney's Office has benefitted from the great leadership of the City Attorney, with the office
performing at a level seen in the private sector.
In the City's recent Class and Comp Study, the City Attorney's position was not studied and no
comparable salaries were provided. However, according to a random sampling of local law firms in
Orange County, the City Attorney's experience and expertise as an experienced manager and trial
attorney would provide income of at least $300/hour. While the City Attorney position is not in the
private sector, the City's ability to continue with this high level, high quality legal representation is
ensured by providing a respectable, even competitive, salary to the City Attorney's position.
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Comparable Salaries for City Attorney
City of Santa Monica $320,136.00, or$154/hour
City of Long Beach $312,528.00, or$150/hour
City of Anaheim $283,447.00, or$137/hour
City of Newport Beach $275,836.00, or$133/hour
After a study of comparable salaries, it is proposed that compensation for the position of City Attorney
be $140.00/hour or $291,200.00/annum. It is also recommended that this rate increase be retroactive
to and including July 1, 2022, that the cap on ability to cash out accrued vacation be removed, that
3% automatic increases be given for anticipated inflation for the next two years, and that all other
allowances and benefits remain and track according to the Non-Associated agreement(s) with the
City.
Financial Impact:
The estimated Fiscal Year 2022/23 impact for the proposal is $60,929 plus any cash out of accrued
vacation due to removal of the cap. The additional costs can be absorbed in the City Attorney's
Office Fiscal Year 2022/23 budget.
Recommended Action:
Adopt Resolution No. 2022-82, "A Resolution of the City Council of the City of Huntington Beach
Modifying Salary and Certain Benefits of the Elected City Attorney."
Alternative Action(s):
Do not adopt Resolution No. 2022-82 Modifying Salary and Certain Benefits of the Elected City
Attorney.
Analysis:
The City Attorney, Michael Gates, was elected in 2014. When he took the position, he volunteered
to receive compensation at a much lower rate than what his predecessor was making.
The City Attorney's last compensation increase was May of 2019, which by comparison to all other
City employees, is the longest period for any employee without an increase in compensation.
According to the Bureau of Labor and Statistics, inflation has dramatically increased over those years
by nearly 16%, which reduces income by the same amount in contrast. Moreover, the current
compensation rate for the City Attorney is not competitive, even with other governments in the area.
The City Attorney's current rate is $117.63/hour and it is recommended that this rate increase to
$140.00/hour to adjust for the dramatic increase in inflation since 2019 and to maintain compensation
as competitive.
The pay for the City Attorney position is "set" and "locked" by Resolution of the City Council. Unlike
nearly every other City Department Head, the City Attorney's pay does not automatically progress
up the City Council designated pay range. In fact, while other city employees naturally get increases
with the passage of time, the City Attorney's pay does not, it is locked in place until the City Council
takes action again.
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File #: 22-1113 MEETING DATE: 12/20/2022
The City Attorney has been a dedicated, faithful, and successful public servant. In addition to a string
of legal wins for the City over the past 8 years,just this year alone Mr. Gates won a large, high profile
case at trial defending two of the City's police officers in a $20,000,000 lawsuit. In addition, the City
prevailed in a suit this year against the State of California in which a $5,200,000 decision in favor of
Huntington Beach was won, not including another$22,400,000 that is possible to come back to the
City.
Moreover, over the last eight years the City Attorney has demonstrated exceptional leadership, great
management decision-making, exceptional legal skill and judgment; he implemented office-wide
efficiencies and eliminated waste. Under his leadership and through the work of the City Attorney's
Office over the past four and a half years, the City has saved over$150,000,000 in good, smart legal
work. As it is now, the City Attorney's Office of Huntington Beach is as good as any private sector
law firm of the same size and is now an example to many other cities, not to mention the City's
relatively new image of strong legal advocacy. It is proposed that the City Attorney compensation be
increased to reflect the outstanding legal work that has been accomplished for the taxpayers.
In the City's recent Class and Comp Study, the City Attorney's position was not studied and no
comparable salaries were provided. However, according to a random sampling of local law firms in
Orange County, the City Attorney's experience and expertise as an experienced manager and trial
attorney would provide income of at least$300/hour. While the City Attorney position is not in the
private sector, the City's ability to continue with this high level, high quality legal representation is
ensured by providing a respectable, even competitive, salary to the City Attorney's position.
Comparable Salaries for City Attorney
City of Santa Monica $320,136.00, or $154/hour
City of Long Beach $312,528.00, or $150/hour
City of Anaheim $283,447.00, or $137/hour
City of Newport Beach $275,836.00, or $133/hour
After a study of comparable salaries, it is proposed that compensation for the position of City Attorney
be $140.00/hour or$291,200.00/annum. It is also recommended that this rate increase be retroactive
to and including July 1, 2022, that the cap on ability to cash out accrued vacation be removed, that
3% automatic increases be given for anticipated inflation for the next two years, and that all other
allowances and benefits remain and track according to the Non-Associated agreement(s) with the
City.
Environmental Status:
N/A
Strategic Plan Goal:
Non Applicable- Administrative Item
Attachment(s):
1. Resolution No. 2022-82 "A Resolution of the City Council of the City of Huntington Beach
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File#: 22-1113 MEETING DATE: 12/20/2022
Modifying Salary and Certain Benefits for of the Elected City Attorney."
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RESOLUTION NO. 2022-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH MODIFYING SALARY AND CERTAIN
BENEFITS OF THE ELECTED CITY ATTORNEY
WHEREAS, the City Council of the City of Huntington Beach desires to modify the
salary and certain benefits of the Elected City Attorney 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 of the Elected City Attorney as reflected in the salary range
contained in the Non-Associated Executive Management Salary Schedule "Exhibit A", attached
hereto and incorporated by this reference is increased to account for an inflation adjustment
(since last increase of May 2019,) from current$117.63/hour to $140/hour. This increase is
effective immediately and retroactive to and including July 1, 2022. Prospectively,the City
Attorney's salary automatically increases at 3% annually as reflected in the salary range
contained in"Exhibit B," attached hereto and incorporated by this reference.
The current cap on the City Attorney's ability to cash out accrued general leave is
removed, which removes the annual limit for cashing out.
All other allowances and benefits not specifically listed above(for example, CalPERs,
etc.)will immediately match, continue to follow, and be updated according to agreed-upon Non-
Associated Resolution modifications.
SECTION 2. Any existing provisions in conflict with the foregoing, whether by minute
action or resolution of the City Council, are hereby repealed.
SECTION 3. All other benefits and salary ranges established and reflected in the Non-
Associated Employees Pay and Benefits Resolution in effect, shall continue unless modified by
City Council action.
RESOLUTION NO. 2022-82
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 20th day of December , 2022.
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Mayor
REVIEWED AND APPROVED INITIATED AND APPROVED
4:j2, .1\------------
ity Manager Chief Assistant City Attorney ,uj-
APPROVED AS TO FORM:
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Chief Assistant City Attorney „ t/
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EXHIBIT A
Resolution No. 2022-82
Exhibit "A"
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 I. The salary range for the City Manager shall be modified as reflected in
Exhibit IA,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 3`l day of May, 2022.
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Mayor I
REVIEWED AND APPROVED INITIATED AND APPROVED
6 . Y1iLa€6.
City Manager Director of Administrative Services
APPROVE 0 FORM:
• y Attorney
22-11308/281861
Resolution No. 2022-24
EXHIBIT 1A
NON-ASSOCIATED APPOINTED EXECUTIVE MANAGEMENT SALARY SCHEDULE
Eff.dly.May 3,2022'
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EXECUTIVE WWAGEAENT
SAMOS✓i129 'Inkwell City thane/get t_ A 98.E 103.25 108.441 113.87 119.56 125.64E 131.82
DEPARTMENT HEADS
592 Assistant City thermoset 275 85.57 89.85 94.34 99.06 104.01 10921 114.67
15 Fie Chef 275 85.57 89.85 94.34 99.06 104.01 109.21 114.67
11 Police Chief 275 86.57 89.85 94.34 99.06 104.01 109.21 114.87
516 Chief Financial 015oer 259 80.61 84.64 68.88 93.32 97.99 10288 108.03
589 Convnurtty Deveiormierit Directs _ 269 80.81 84.64 88.88 93.32 97.99 102.88 108.03
800 Director af Administrative Services 269 80.81 84.64 68.815 93.32 97.99 10265 108.03
801 Director of Community&Library Services 289 80.61 84.64 88.88 93.32 97.99 102.88 108.03
10 Direcbr of PM:At:Works 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03
CONTRACT NON-DEPARTMENT HEADS
693 Chief Neiatant CRy Mooney 261 74.44 78.17 82.08 86.15 90.49 95.01 99.76
880 �FfeaM Setvlcea 3 258 72.26 75.87 79-6 83.64 87.83 9222 96.83
Behavior845 Deputy Director of Pubic works 258 7226 75.87 79.68 83.64 87.83 9222 96.83
900 /Assistant Chief Financial Officer 249 66.07 69.37 7284 76.48 80.3 8432 88.53
850 Deputy Director of Administrative Sconces 249 86.07 89.37 7284 76.48 60.3 84.32 65.53
Deputy Direcear of
856 8Ubrary � 249 66.07 6737 7284 76.48 80.3 84.32 88.53
CommuralyDeputy Director at
840 249 68.07 69.37 72.84 76.48 80.3 84.32 88.53
Community Development
699 Deputy Community Prosecutor 206 43.07 45.22 47.48 49.86 5235 5497 57.72
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
ONON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION -
EXHIBIT A 1
SECTION I — 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 1A- 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 1B, 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 CaIPERS 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
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Current City Maximum City Contributions
Contribution II 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 Two-Party 1,174.36 ; 1,233.08 1,256.41
TRIO HMO
Family 1,370.04 1,438.54 1,461.87
Single 677.00 722.36 745.69
Blue Shield Two-Party 1,174.36 1,233.08 1,256.41
HMO
Family 1,370.04 1,438.54 1,461.87
Single 740.00 789.58 812.91
Blue Shield Two-Party 1,335.78 1,402.57 1,425.90
PPO
Family 1,514.31 1,590.03 1,613.36
Single 567.00 590.33
Blue Shield Two-Party 1,163.00 1,186.33
HDHP
Family 1,432.00 1,455.33
*Applies to elected non-represented positions for an indefinite period.
ii. `Safety Member Health Premiums—Emolover Contribution
Employees who are classified as a `safety member by the California Public
Employees' Retirement System (CalPERS) 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 CalPERS 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 1 825.86 849.19
Medical Two-Party 1,623.00 ( 1,704.15 1,727.48
Family 2,076.00 f 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.2.0).
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 550,000 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 (CaIPERS), 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 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.
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 CaIPERS Member Contribution — Effective January 1,
2013, all new members, as defined by PEPRA and determined by CaIPERS, shall
contribute one half(50%)of the normal cost as established by CaIPERS 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 CaIPERS Member Contribution — All safety employees
described as"classic"members shall pay to CaIPERS 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 CaIPERS, shall contribute one half(50%) of
the normal cost, as established by CaIPERS.
5. IRS Code Section 414(h)(2)
The City has adopted the CaIPERS 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 CaIPERS Reporting
The City provides uniforms to active duty employees in the classifications of Police Chief and Fire
Chief. These employees are required to wear a standard uniform for appearance, uniformity, and
public recognition purposes.
The City will report to the California Public Employees' Retirement System (CaIPERS)•the
average annual cost of uniforms as special compensation for each eligible employee in
accordance with Title 2, California Code of Regulations, Section 571(a)(5).
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
Joh
No ay
Description Ra A , B C D E F G
EXECUTIVE MANAGEMENT _
{ 0591 City Manager 294 103.38 108.55 113.98 119.68 125.66 131.94 138.54
0029 Interim City Manager 289 98.36 103.28 108.44 113.87 119.56 125.54 131.82
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 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 1B
NON-ASSOCIATED ELECTED EXECUTIVE MANAGEMENT SALARY SCHEDULE
Effective November 2,2020*
,tob� [i�scrfptior . P? y Sta t1 g . Control T Hrrgh
Point' Point Point
ELECTED OFFICIALS
0016 City Attorney NA0016 100.18 111.51 124.10
0017 City Clerk NA0017 69.94 77.85 86.66
0018 City Treasurer(Part-Time) NA0018 69.94 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. NB Schedule Changes
FLSA exempt employees may change NB 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
Reauestor. 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, MO
Work Phone: Department:
I
Job Title: Employee ID#:
I I
Requester Signature: Date:
I
Department Director Signature of Support: Date:
I
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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)
Work Phone:
Donor Job Title:
[Type of Accrued Leave: Number of Hours I wish to Donate:
❑ Vacation Hours of Vacation
❑ Compensatory Time I Hours of Compensatory Time
❑ General Leave I Hours of General Leave
I understand that this voluntary donation of leave credits, once processed, is irrevocable;
but if not needed, the donation will be returned to me. I also understand that this donation
will remain confidential.
I wish to donate my accrued vacation, comp or general leave hours to the Leave Donation
Program for:
Eligible recipient employee's name(Last, First. MI):
Donor Signature: Date:
Please submit to the 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
47640t, et424014,44)
City Clerk'and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
EXHIBIT B
Resolution No. 2022-82
EXHIBIT B
NON-ASSOCIATED ELECTED EXECUTIVE MANAGEMENT SALARY SCHEDULE
i44:4%,"Pras Y,,,,*tiN',„.,1,15,1001a617,44440 Atrisdipt:44,v-tit; visfiroldx. ,41i4,44,17441.t. controll
D scripttcs
EFFECTIVE NOVEMBER 2,2020*
ELECTED OFFICIALS
0017 City Clerk NA0017 69.94 77.85 86.66
0018 City Treasurer-PART-TIME NA0018 69.94 77.85 86.66
EFFECTIVE JULY 1,20221
ELECTED OFFICIALS-CITY ATTORNEY
0016 City Attorney NA0016 100.18 111.51 121.10
120.09 140.00
3.0°A.EFFECTIVE JULY 1,2023
ELECTED OFFICIALS-CITY ATTORNEY
0016 City Attorney NA0016 100.18 123.69 144.20
3.0%EFFECTIVE JULY 1,2024
ELECTED OFFICIALS-CITY ATTORNEY
0016 City Attorney NA0016 100.18 127.40 148.53
*Per Resolution No.2020-80
I Per Resolution No.2022-82 adopted on 12/20/2022,the compensation of City Attorney was modified retroactive to 07/01/2022,and a 3.0%
increase is scheduled to take effect on July 1,2023,and July 1,2024.
Res. No. 2022-82
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 December 20, 2022 by the following vote:
AYES: Van Der Mark, Strickland, McKeon, Burns
NOES: Kalmick, Moser, Bolton
ABSENT: None
RECUSE: None
al?01411, 94n,uai4u)
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
Moore, Tania
From: Linda Moon <Isapiro048@gmail.com> SUPPLEMENTAL
Sent: Monday, December 19, 2022 3:54 PM COMMUNICATION
To: CITY COUNCIL
Subject: 12-20-23 City Council Agenda
Meeting Date: 0-frd 2 a?-
Dear Mayor Strickland and City Council Members: Agenda Item No., 4fi/ (?a .11/3
I have been a resident and homeowner in Huntington Beach for 48 years and maintained a law office in
Huntington Beach for 40 years until my retirement. I have followed the work of the City Council for many
years. I understand that the new City Council majority is anxious to make changes and put its mark on the
city's future. I fear, however, that several of the Councilmember Items on the December 20, 2022 agenda were
hastily thought out and could have negative impacts on the city. I urge your careful consideration and measured
approach in moving forward with these proposals. Of greatest concern to me are the following:
Item 11 would raise the salary of the current City Attorney, who had no training or experience in Municipal
Law prior to coming into office, beyond that of all but one other City Attorney in the state, many of whom are
far more experienced, and from wealthier communities. While the City Attorney should be fairly compensated,
the current proposal is concerning.
Item 26, prohibiting anonymous complaints against businesses and requiring in-person filing will be
intimidating to the public and have a chilling effect on legitimate complaints regarding potentially dangerous
Code violations. The public should not be made to fear retaliation or retribution for reporting dangerous
conditions or be required to appear in person during business hours, something impossible for many
residents. The City Code Enforcement employees can quickly determine whether reports are valid or
frivolous. The proposal makes an upfront assumption that all reports are wrongful. The opposite should be
true. Code enforcement practices should best serve the residents, employees and customers, not make them
targets and endanger the safety of reporters and their families.
Item 27 seeking to raise political campaign contribution limits beyond the inflation standards previously
established will result in an unfortunate scenario in which only candidates with wealthy and corporate
supporters can possibly be elected. This is a recipe for council corruption and the elimination of diversity on
the city's governing body.
Item 28 appears to be an inappropriate gift of public funds for the cost of a CEQA Environmental Impact
Review, which would ordinarily be paid by the event sponsor. The benefit to the city in hosting that event does
not warrant the cost proposed.
Item 29 smacks of a full-on attack on services to the homeless. I suggest that the Council avail itself of the
knowledge of your competent staff to become educated regarding state laws protecting the homeless and the
benefits of the services now provided, before seeking to dismantle them.
Item 30 regarding the Orange County Power Authority may be better considered after full reporting on the
status of the Community Choice Power Aggregate and its potential for reducing dangerous greenhouse gasses
and saving money for consumers. As noted by the County Audit serious concerns exist regarding the current
operation of the OCPA. But throwing the baby out with the bathwater may not be the best strategy.
i
Item 33 will most certainly result in the city incurring significant fines for "challenging" and defying state
laws. Huntington Beach does not exist in a vacuum. Like it or not, we are part of the State of California and
subject to its housing laws. Most of the council members have had little education,to date, regarding how and
why housing mandates exist. We have already paid millions of dollars to fines that could have gone to good
use in our city for defying housing statutes. Continued defiance will not be productive or in the best interests of
the residents of Huntington Beach.
Item 34 regarding the RWG report appears to be political payback at its worst. I sincerely doubt the legality of
this city council "waiving" the Attorney Client privileges of the prior council. The report, previously made
public, explains to Huntington Beach residents why over 1.5 Million dollars had to be paid to former employees
and litigants who were the subject of age discriminatory tactics by the City Attorney. A desire to cleanse Mr.
Gates' record to facilitate his future political aspirations is entirely inappropriate. Mr. Steele, unlike Mr. Gates,
has many decades of Municipal Law experience and training. The point of the report was to educate the council
and serious issues came to light. Sweeping problems under the rug is not in the best interests of the City and its
residents.
I hope the City Council will fully deliberate and consider the need for, effects and ramifications of the above
proposals, with the focus on serving the best interests of the City and its residents.
Sincerely,
Linda Sapiro Moon
2
Moore, Tania
From: Andrew Einhorn <andreweinhornpt@icloud.com>
Sent: Tuesday, December 20, 2022 11:33 AM
To: CITY COUNCIL
Subject: 12.20.22 Meeting
Hi Council, I wanted to contact you and voice my opinion on two subjects. I am against giving the city attorney a raise
during a time period that non governmental employees are not receiving raises.Currently he makes a lot more money
than most. No raise!
I am against raising the amount of money council members can take during campaigns. Big business will supply council
big money and then expect favors. I know because I use to lobby council members! The citizens need to be people that
provide the input to the council members with small donations. Too often more money translates into ugly lust for
political power.
Andrew Einhorn
17391 Gibson Circle
Huntington Beach, CA 92647
SUPPLEMENTAL
COMMUNICATION
Meeting Date: la/ /70aa.
Agenda Item No.; ///�aa -//,c�J
1
Moore, Tania
From: jodykyle1@aol.com
Sent: Tuesday, December 20, 2022 2:17 PM
To: CITY COUNCIL; supplementalcomm@surfcity-hb.org
Subject: City Council Meeting for December 20, 2022 - Comments by Mary Kyle
To the Huntington Beach City Council,
My name is Mary Kyle. I have been a resident of Huntington Beach for 24 years. I am writing to comment on a number of
agenda items proposed for the City Council Meeting scheduled for Tuesday, December 20, 2022.
Item 11. 22-1113 Adopt Resolution No. 2022-82 Modifying Non-Associated Salary Schedule for City Attorney to Adjust
for Recent Inflation, Make Compensation More Competitive
I urge the City Council to VOTE NO on this item. A raise for the City Attorney, Michael Gates, will raise taxes for
Huntington Beach residents and place an additional burden on households already struggling to make ends meet.
Item 26. 22-1092 Submitted by Mayor Strickland - Proposed Ordinance to Establish a Code Enforcement Complaint
Process Regarding Alleged Business Violations and Prohibits the Submission of Anonymous Complaints
I urge the City Council to VOTE NO on this item. Code Enforcement is essential to maintaining a healthy and safe city.
When a complaint is made the city first investigates the validity of the complaint. If a code violation is found, then the
resident or business owner must correct the problem. Making the reporting procedure more difficult will simply discourage
people from calling out hazardous or unsafe situations. Requiring photo ID is a First Amendment violation. Something the
City Attorney, who is currently asking for a raise, should know. This agenda item will expose Huntington Beach to legal
action and public notoriety, both of which harms our city not helps it.
Item 27. 22-1093 Submitted by Mayor Strickland - Request to amend the Huntington Beach Municipal Code to raise
Campaign Contribution Limits
I urge the City Council to VOTE NO on this item. Raising campaign contribution limits to match those of the California
Senate/Assembly candidates opens these races to Dark Money from donors and PACs outside of Huntington Beach. This
is our city. Our voters should decide who sits on the City Council not people and groups from outside Huntington Beach.
Furthermore, the City Council races represent a much smaller voter base than Senate and Assembly candidates. To
match that level of funding is unnecessary.
1