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HomeMy WebLinkAbout2025-4 - Approving the Seventh Amendment to the Key and Management Compensation PlanRESOLUTION NO. 2025-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING THE SEVENTH AMENDMENT TO THE KEY AND MANAGEMENT COMPENSATION PLAN 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; and WHEREAS, the City Council desires to amend the Plan to clarify the eligibility of Scholastic Achievement Pay for eligible Key and Management police public safety employees, as set forth in Exhibit A. 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. Section 2: The City Council hereby approves the Seventh Amendment to the Plan attached hereto as set forth in Exhibit A, which is incorporated herein by reference and clarifies the eligibility for Scholastic Achievement Pay for Key and Management police public safety employees as set forth therein. Resolution No. 2025-4 Page 2 of 2 Section 3: 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 4: 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. Section 5: 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 14th day of January, 2025. ATTEST: APPROVED AS TO FORM: CIT ATTORNEY'S OF ICE 7 ..-moo C 4r .i Aaron C. Harp City Attorney Attachments: Exhibit A: Seventh Amendment to the City Key and Management Compensation Plan SEVENTH 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, on November 12, 2024, the City Council adopted Resolution No. 2024-82 amending the Plan and extending eligibility for Scholastic Achievement Pay to sworn employees covered by the Key and Management Plan ("Sixth Amendment to the Plan"); WHEREAS, the City Council wishes to further amend the Plan to clarify the eligibility of Scholastic Achievement Pay for sworn police Key and Management Employees; and WHEREAS, this amendment will not be binding until it is approved by the City Council. Key and Management Plan Page 1 of 2 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 to Section J. Scholastic Achievement Pay — Public Safety: "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 as follows: BA/BS — 7% MA/MS/JD — 8.5% 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." 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 2 of 2 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. 2025-4 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 14ffi day of January, 2025; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Joe Stapleton, Mayor Pro Tern Lauren Kleiman, Councilmember Michelle Barto, Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Sara J. Weber, Councilmember Erik Weigand NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of January, 2025. ��� Leilani I. Bro n f City Clerk Newport Beach, California