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Home My WebLink About2024-82 - Approving an Amendment to the Key and Management Compensation Plan and Authorizing the City Manager to Enter into Amendment C to the Employment Agreement with the Fire ChiefRESOLUTION NO. 2024-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO THE KEY AND MANAGEMENT COMPENSATION PLAN AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AMENDMENT C TO THE EMPLOYMENT AGREEMENT WITH THE FIRE CHIEF WHEREAS, the City Council of the City of Newport Beach ("City Council") previously adopted Resolution No. 2001-50, the "Employer -Employee Relations Resolution," pursuant to authority contained in the Meyers-Milias-Brown Act, Government Code 3500, et seq. ; WHEREAS, the City of Newport Beach ("City") promotes effective communication and collaborative working relationships with its employees to foster improved relations while balancing good management practices; WHEREAS, the City Council previously adopted Resolution No. 2022-10 approving a Key and Management Compensation Plan ("Plan"), which established compensation and benefit terms for unrepresented employees, including Executive Management, Administrative Management, Division Management and Confidential employees for the period January 1, 2022, through December 31, 2025; WHEREAS, on February 8, 2022, the City Council authorized the City Manager to enter into the First Amended and Restated Employment Agreement with the Fire Chief, for the period of February 8, 2022, through December 30, 2025; WHEREAS, the City Council desires to amend the Plan to provide Scholastic Achievement Pay to eligible Key and Management employees, as set forth in Exhibit A; and WHEREAS, the City Council wishes to authorize the City Manager to enter into an amendment to the employment agreement with the Fire Chief to extend the term of the agreement and provide Scholastic Achievement Pay, as set forth in Exhibit B. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows.. Section 1: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Resolution No. 2024-82 Page 2 of 3 Section 2: The City Council hereby approves the Amendment to the Plan attached hereto as set forth in Exhibit A, which is incorporated herein by reference and approves the eligibility for Scholastic Achievement Pay set forth therein. Section 3: The City Council hereby authorizes the City Manager to enter Amendment C to the Fire Chief's First Amended and Restated Employment Agreement as set forth in Exhibit B, which is attached hereto and incorporated herein by this reference and approves the amended term and eligibility for Scholastic Achievement Pay set forth therein. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2024-82 Page 3 of 3 Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 12th day of November, 2024. Will O'Neill Mayor ATTEST: Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OF ICE w- Aaron C. Harp City Attorney Attachments: Exhibit A: Sixth Amendment to the City Key and Management Compensation Plan Exhibit B: Amendment C to the First Amended and Restated Employment Agreement between the City and the Fire Chief SIXTH AMENDMENT TO CITY OF NEWPORT BEACH KEY AND MANAGEMENT COMPENSATION PLAN WHEREAS, on January 25, 2022, the City Council adopted Resolution No. 2022- 10 adopting a Key and Management Compensation Plan ("Plan") for the period of January 1, 2022, through December 31, 2025; WHEREAS, on August 23, 2022, the City Council adopted Resolution No. 2022- 52 amending the Plan and modifying the cost -of -living adjustments for Key and Management Employees ("First Amendment to the Plan"); WHEREAS, on November 29, 2022, the City Council adopted Resolution No. 2022-92 amending the Plan and modifying employee retirement contributions to CalPERS for Key and Management Employees ("Second Amendment to the Plan"); WHEREAS, on April 11, 2023, the City Council adopted Resolution No. 2023-19 amending the Plan and adjusting the salary schedules and modifying the language related to employee retirement contributions to CalPERS for Key and Management Safety Employees ("Third Amendment to the Plan"); WHEREAS, on November 28, 2023, the City Council adopted Resolution No. 2023-82 amending the Plan and modifying certain positions and titles for Key and Management Employees ("Fourth Amendment to the Plan"), WHEREAS, on December 12, 2023, the City Council adopted Resolution No. 2023-85 approving revised salary schedules for Key and Management Employees; WHEREAS, on August 27, 2024, the City Council adopted Resolution No. 2024- 60 amending the Plan and extending previously modified language related to employee retirement contributions to CalPERS for Key and Management Employees and providing lump sum bonuses to eligible Key and Management Employees ("Fifth Amendment to the Plan"), WHEREAS, the City Council wishes to further amend the Plan to provide sworn safety Key and Management Employees with the same eligibility for Scholastic Achievement Pay that is offered to unit members of their respective safety management associations; and WHEREAS, this amendment will not be binding until it is approved by the City Council. Key and Management Plan Page 1 of 3 NOW, THEREFORE, the City Council of the City of Newport Beach wishes to amend the Plan as follows: Section 1. The Compensation section of the Plan is amended to include the following language: "J. SCHOLASTIC ACHIEVEMENT PAY — PUBLIC SAFETY 1. Police Safety Absent an Employment Agreement or Resolution to the contrary, Key and Management police safety employees are entitled to additional compensation in the form of Scholastic Achievement Pay under the same terms and conditions as members of the Newport Beach Police Management Association. If there are future changes to the Scholastic Achievement Pay Program as set forth in a council -approved MOU or side letter agreement with the Newport Beach Police Management Association, the same program shall apply for Key and Management police safety employees. The parties agree that to the extent permitted by law, the Scholastic Achievement Pay in this section is special compensation and shall be reported to CalPERS as such. 2. Fire Safety Absent an Employment Agreement or Resolution to the contrary, Key and Management fire safety employees are entitled to additional compensation in the form of Scholastic Achievement Pay under the same terms and conditions as members of the Newport Beach Fire Management Association. If there are future changes to the Scholastic Achievement Pay Program as set forth in a council -approved MOU or side letter agreement with the Newport Beach Fire Management Association, the same program shall apply for Key and Management fire safety employees. The parties agree that to the extent permitted by law, the Scholastic Achievement Pay in this section is special compensation and shall be reported to CalPERS as such. 3. Assistant Chief, Lifeguard Operations Except as modified herein, the Assistant Chief of Lifeguard Operations shall be eligible for Scholastic Achievement Pay under the same terms and Key and Management Plan Page 2 of 3 conditions as members of the Newport Beach Lifeguard Management Association. Scholastic Achievement Pay shall be included in the Assistant Chief of Lifeguard Operations paycheck for the pay period immediately following approval by the Fire Chief. It is the responsibility of the Assistant Chief of Lifeguard Operations to apply for Scholastic Achievement Pay. Approval of the application for Scholastic Achievement Pay shall not be unreasonably withheld or delayed, and the Assistant Chief of Lifeguard Operations shall not be entitled to receive Scholastic Achievement Pay prior to the date the application is approved even though the Assistant Chief of Lifeguard Operations may have been eligible prior to approval. If there are future changes to the Scholastic Achievement Pay Program as set forth in a council -approved MOU or side letter agreement with the Newport Beach Lifeguard Management Association, the same program shall apply to the Assistant Chief of Lifeguard Operations. The parties agree that to the extent permitted by law, the Scholastic Achievement Pay in this section is special compensation and shall be reported to CaIPERS as such." Section 2. Except as expressly modified herein, all other terms and provisions set forth in the Plan shall remain unchanged and shall be in full force and effect. Key and Management Plan Page 3 of 3 AMENDMENT C TO CITY OF NEWPORT BEACH FIRST AMENDED AND RESTATED EMPLOYMENT AGREEMENT — CITY OF NEWPORT BEACH FIRE CHIEF WHEREAS, on February 8, 2022, the City of Newport Beach, a California municipal corporation and Charter City ("Employer" or "City") and JEFF BOYLES ("Employee"), an individual (sometimes collectively referred to herein as "the Parties") entered into a First Amended and Restated Employment Agreement ("Agreement") for the period of February 8, 2022, through December 30, 2025; WHEREAS, the Council wishes to amend the Agreement to extend the term and to provide Employee with the same eligibility for Scholastic Achievement Pay that is offered to members of the Newport Beach Fire Management Association, and WHEREAS, this amendment will not be binding until it is approved by the City Council. NOW, THEREFORE, it is mutually agreed between the Parties as follows: 1. Section 1, Term, Subsection A, is amended to read as follows: "A. This Agreement shall become effective February 8, 2022 ("Effective Date") and shall terminate on December 30, 2027, subject to City's right to terminate Employee's employment at any time, as provided for in this Agreement." 2. Section 4, Compensation and Performance Evaluation is amended to add Section G as follows: "G. Scholastic Achievement Pay. Employee is entitled to additional compensation contingent upon scholastic achievement. Employee may apply for scholastic achievement pay when eligible and scholastic achievement pay shall be included in Employee's paycheck for the pay period immediately after approval by the City Manager. It is Employee's responsibility to apply for scholastic achievement pay. Employee is not entitled to receive scholastic achievement pay prior to the date the application is approved, even if Employee was eligible prior to City Manager approval. Additional compensation for Scholastic Achievement Pay is as follows: Degree Scholastic Pay Percentage BA/BS 5.5% MA/MS/JD 7.0% Amendment C to Agreement - Fire Page 1 of 3 If there are future changes to the scholastic pay percentages offered to members of the Fire Management Association as set forth in a council -approved Memorandum of Understanding or side letter agreement, the same percentage changes will be made for Employee. The Parties agree that to the extent permitted by law, the scholastic achievement pay in this section is special compensation and shall be reported to CalPERS as such, pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) Educational Incentive Pay." 3. Except as expressly modified herein, all other terms and provisions set forth in the Agreement shall remain unchanged and shall be in full force and effect. (Signatures on the Next Page) Amendment C to Agreement - Fire Page 2 of 3 EMPLOYER CITY OF NEWPORT BEACH A Municipal Corporation in Grace K. Leung, City Manager Date: EMPLOYEE, An Individual Ma WN"W"A ON 0 /rsl�_ oll Date: 10/2�/2 0-Z y APP OVED AS TO FORM: By. Date: 0 f Z 2 Z �/ Aaron C. Harp, City Attorney ATTEST: Date: Leilani I. Brown, City Clerk Amendment C to Agreement - Fire Page 3 of 3 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2024-82 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 12th day of November, 2024; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery, Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember Erik Weigand NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of November, 2024. Ad"i I Lei ani I. Brown City Clerk Newport Beach, California Cam