HomeMy WebLinkAbout2022-92 - Approving Side Letter Agreements with the Unions Representing City Employees and Approving Amendments to the Key and Management Compensation Plan, Appointee Employee Agreements and Police and Fire Chief AgreementsRESOLUTION NO. 2022-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
SIDE LETTER AGREEMENTS WITH THE LABOR
GROUPS REPRESENTING CITY EMPLOYEES,
APPROVING A SECOND AMENDMENT TO THE KEY
AND MANAGEMENT COMPENSATION PLAN, AND
APPROVING AMENDMENTS TO THE APPOINTEE
EMPLOYEE AGREEMENTS AND POLICE AND FIRE
CHIEF AGREEMENTS
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 previously entered into a Memorandum of Understanding
with Newport Beach City Employees Association ("NBCEA"), a recognized organization,
for the term of January 1, 2022, through December 31, 2025;
WHEREAS, the City previously entered into a Memorandum of Understanding
with the Newport Beach Professional and Technical Employees Association ("NBPTEA")
a recognized organization, for the term of January 1, 2022, through December 31, 2025;
WHEREAS, the City previously entered into a Memorandum of Understanding
with the Newport Beach Employees League ("League"), a recognized organization, for
the term of January 1, 2022, through December 31, 2025;
WHEREAS, the City previously entered into a Memorandum of Understanding
with the Part Time Employees Association of Newport Beach ("PTEANB"), a recognized
organization, for the term of January 1, 2022, through December 31, 2025;
WHEREAS, the City previously entered into a Memorandum of Understanding
with the Newport Beach Police Association ("NBPA"), a recognized organization, for the
term of July 1, 2021, through November 30, 2025;
WHEREAS, the City previously entered into a Memorandum of Understanding
with the Newport Beach Police Management Association ("NBPMA"), a recognized
organization, for the term of July 1, 2022, through June 30, 2026;
Resolution No. 2022-92
Page 2 of 6
WHEREAS, the City previously entered into a Memorandum of Understanding
with the Newport Beach Firefighters Association ("NBFA") a recognized organization, for
the term of January 1, 2022, through December 31, 2025;
WHEREAS, the City previously entered into a Memorandum of Understanding
with the Newport Beach Fire Management Association ("NBFMA"), a recognized
organization, for the term of July 1, 2022, through June 30, 20261
WHEREAS, the City previously entered into a Memorandum of Understanding
with the Newport Beach Lifeguard Management Association ("NBLMA"), a recognized
organization, for the term of January 1, 2022, through December 31, 2025;
WHEREAS, the City previously entered into a Memorandum of Understanding
with the Association of Newport Beach Ocean Lifeguards ("ANBOL"), a recognized
organization, for the term of September 13, 2022 through June 30, 2025;
WHEREAS, the City Council adopted Resolution No. 2022-10 adopting a Key and
Management Compensation Plan ("Plan") establishing compensation and benefits 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, the Police Chief and Fire Chief employment agreements each
provide that their employee retirement percentage contribution is the same as that applied
to their respective safety management unit members as set forth in a Council -approved
Memorandum of Understanding;
WHEREAS, the Assistant Police Chief, Assistant Fire Chief and Assistant Chief,
Lifeguard Operations employee retirement contributions are the same as that applied to
their respective safety management unit members as set forth in a Council -approved
Memorandum of Understanding;
WHEREAS, the City Manager, City Attorney and City Clerk employment
agreements each provide that their employee retirement percentage contributions shall
be a minimum of thirteen percent (13%);
WHEREAS, the country has experienced rising inflation and healthcare costs
since the Memoranda of Understanding, Plan, and employment agreements were entered
into;
WHEREAS, the City Council of the City of Newport Beach desires to amend the
Memoranda of Understanding between the City and the recognized organizations
(hereinafter "Associations") by approving Side Letters of Agreement which provide for
either a temporary reduction in the employee retirement percentage contributions, or, a
temporary increase in the City's monthly contribution towards the Cafeteria Plan as set
forth in Exhibits A through J;
Resolution No. 2022-92
Page 3 of 6
WHEREAS, the City Council of the City of Newport Beach desires to amend the
Plan to provide for a temporary reduction in the employee retirement percentage
contributions for covered employees as set forth in Exhibit K;
WHEREAS, the City Council of the City of Newport Beach wishes to amend the
employee agreements for the City Manager, City Attorney and City Clerk to provide for a
temporary reduction in the employee retirement percentage contributions as set forth in
Exhibits L through N;
WHEREAS, the City Council of the City of Newport Beach wishes to amend the
employee agreements for the Police Chief and the Fire Chief to provide for a temporary
reduction in the employee retirement percentage contributions as set forth in Exhibits O
and P;
WHEREAS, by adopting this resolution, the City Council of the City of Newport
Beach intends to provide either a temporary reduction in the employee retirement
percentage contributions, or, a temporary increase in the City's monthly contribution
towards the Cafeteria Plan for employees as set forth in Exhibits A-P to be in conformance
with the Memoranda of Understanding, Plan and Employment Agreements; and
WHEREAS, by adopting this resolution, the City Council also desires to replace
certain language contained in the existing Associations' Memoranda of Understanding,
the Plan, Appointee Employment Agreements, and Police Chief and Fire Chief
Agreements by adopting the Side Letters of Agreement, Amended Plan language,
Amended Appointee Employment Agreements and Amended Police Chief and Fire Chief
Agreements attached hereto as Exhibits A-P to serve as the controlling language for the
remaining term of the respective Memoranda of Understanding, the Plan, Appointee
Employment Agreements and Police and Fire Chief Agreements.
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 all the Side Letters of Agreement
attached hereto as set forth in Exhibits A through J, which are incorporated herein by this
reference. The employee retirement percentage contributions and/or cafeteria plan
contributions referenced in the attached Side Letters of Agreement shall prevail over any
previously adopted employee retirement percentage contributions and/or cafeteria plan
contributions that conflict herewith.
Section 3: The City Council hereby approves the second Amendment to the Key
and Management Compensation Plan attached hereto as set forth in Exhibit K, which is
incorporated herein by reference. The employee retirement percentage contributions
referenced in Exhibit K shall prevail over any previously adopted employee retirement
percentage contributions that conflict herewith.
Resolution No. 2022-92
Page 4 of 6
Section 4: The City Council hereby approves the Amendment to the City
Manager's Third Amended and Restated Employment Agreement as set forth in Exhibit
L, which is attached hereto and incorporated herein by this reference. The employee
retirement percentage contributions referenced in Exhibit L shall prevail over any
previously adopted employee retirement percentage contributions for the City Manager
that conflicts herewith.
Section 5: The City Council hereby approves the Amendment to the City
Attorney's Seventh Amended and Restated Employment Agreement as set forth in Exhibit
M, which is attached hereto and incorporated herein by this reference. The employee
retirement percentage contributions referenced in Exhibit M shall prevail over any
previously adopted employee retirement percentage contributions for the City Attorney
that conflicts herewith.
Section 6: The City Council hereby approves the Amendment to the City
Clerk's Seventh Amended and Restated Employment Agreement as set forth in Exhibit
N, which is attached hereto and incorporated herein by this reference. The employee
retirement percentage contributions referenced in Exhibit N shall prevail over any
previously adopted employee retirement percentage contributions for the City Clerk that
conflicts herewith.
Section 7: The City Council hereby approves the Amendment to the Police
Chief's Third Amended and Restated Employment Agreement as set forth in Exhibit O,
which is attached hereto and incorporated herein by this reference. The employee
retirement percentage contributions referenced in Exhibit O shall prevail over any
previously adopted employee retirement percentage contributions for the Police Chief that
conflicts herewith.
Section 8: The City Council hereby approves the Amendment to the Fire Chief's
First Amended and Restated Employment Agreement as set forth in Exhibit P, which is
attached hereto and incorporated herein by this reference. The employee retirement
percentage contributions referenced in Exhibit P shall prevail over any previously adopted
employee retirement percentage contributions for the Fire Chief that conflicts herewith.
Section 9: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 10: 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.
Resolution No. 2022-92
Page 5 of 6
Section 11: 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. 2022-92
Page 6 of 6
Section 12: 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 29th day of November, 2022.
Kevin Mu
Mayor ,
ATTEST:
Brown
City Clerk
%L'FOF O%
APPROVED AS TO FORM:
CITY TTORNEY'S OFFIC
�, (f
Aa*'roln C. Harp
City Attorney
Exhibit A: Side Letter of Agreement Between the City and NBCEA
Exhibit B: Side Letter of Agreement Between the City and NBPTEA
Exhibit C: Side Letter of Agreement Between the City and League
Exhibit D: Side Letter of Agreement Between the City and PTEANB
Exhibit E: Side Letter of Agreement Between the City and NBPA
Exhibit F: Side Letter of Agreement Between the City and NBPMA
Exhibit G: Side Letter of Agreement Between the City and NBFA
Exhibit H: Side Letter of Agreement Between the City and NBFMA
Exhibit I: Side Letter of Agreement Between the City and NBLMA
Exhibit J: Side Letter of Agreement Between the City and ANBOL
Exhibit K: Second Amendment to the City Key and Management Compensation
Plan
Exhibit L: Amendment to the Third Amended and Restated Employment
Agreement between the City and the City Manager
Exhibit M: Amendment to the Seventh Amended and Restated Employment
Agreement between the City and the City Attorney
Exhibit N: Amendment to the Seventh Amended and Restated Employment
Agreement between the City and the City Clerk
Exhibit O: Amendment to the Third Amended and Restated Employment
Agreement between the City and the Police Chief
Exhibit P: Amendment to the First Amended and Restated Employment
Agreement between the City and the Fire Chief
E_XHiBIT A
SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF NEWPORT BEACH
AND
THE NEIYPORT BEACH CITY EMPLOYEES ASSOCIATION
This Side Letter of Agreement ("Agreement") is made and entered into this _ day of
2022, by and between the City of Newport Beach ("City") and the
Newport Beach City Employees Association ("Association") (collectively "Parties") with
respect to the following:
WHEREAS, on November 16, 2021, the City Council adopted Resolution No.
2021-109 approving a Memorandum of Understanding ("MOU") between the Parties with
a term of January 1, 2022, through December 31, 2025;
WHEREAS, given increases in the cost of medical insurance and to aid in the
recruitment and retention of valuable employees, the Parties wish to modify the MOU; and
WHEREAS, this Agreement will not have the effect of an agreement, and will not
be binding on either party, until it is ratified by the affected bargaining unit and approved
by the City Council.
NOW, THEREFORE, it is mutually agreed between the Parties as follows:
1. The following language in Section 4.D.2. Fringe Benefits,
Retirement Benefit, Employee Contributions, of the MOU is amended to read as follows:
2. Employee Contributions
The Association has agreed to share in the rising cost of pension
obligations. Under the terms of this MOU, unit members will contribute additional
amounts toward the Ca1PERS retirement benefit, to the extent permissible by law.
Should any provision be deemed invalid, the City and Association agree to meet for
the purpose of renegotiating employee retirement contributions.
Employee retirement contributions that are in addition to the normal
CalPERS Member Contribution (of 7% or 8%) shall be calculated on base pay, special
pays, and other pays normally reported as "PERSable" compensation and will be made
on a pre-tax basis through payroll deduction, to the extent allowable by law. It is
recognized that these payments will not be reported to CaIPERS as contributions
toward either the Member or Employer rate, as provided under Government Code
Section 20516(f).
Under a separate agreement and ratified via a contract amendment with
Ca1PERS in 2008, Tier I employees shall contribute 2.42% compensation earnable (as
cost sharing) per Government Code section 20516(a).
Tier I Employees - shall contribute a total employee contribution of
13% as follows: Tier 1 — Eight percent (8%) member contribution, 2.42% of
Page 1 of 4
compensation earnable as cost sharing per Government Code section 20516(a) and
2.58% of compensation earnable as cost sharing per Government Code section
20516(f).
Temporary Reduction. Effective the pay period that includes January
1, 2023, Tier I Employees shall contribute a total employee contribution of 11.5% as
follows: Tier 1 — Eight percent (8%) member contributions, 2.42% of compensation
earnable as cost sharing per Government Code section 20516(a) and 1.08% of
compensation earnable as cost sharing per Government Code section 20516(f). This
reduction in the employee contribution rate sunsets at the end of the last frill pay period
in December 2024. Accordingly, effective the pay period that includes January 1,
2025, Tier I Employees shall contribute a total employee contribution of 13% as
follows: Tier 1 — Eight percent (8%) member contribution, 2.42% of compensation
earnable as cost sharing per Government Code section 20516(a) and 2.58% of
compensation earnable as cost sharing per Government Code section 20516(f).
Tier II Employees - shall contribute a total employee contribution of
13% as follows: seven percent (7%) (compensation earnable) member contribution
and six percent (6%) of compensation earnable as cost sharing per Government Code
section 20516(f).
Temporary Reduction. Effective the pay period that includes January
1, 2023, Tier II Employees shall contribute a total employee contribution of 11.5% as
follows: seven percent (7%) (compensation earnable) member contribution and four
and one-half percent (4.5%) of compensation earnable as cost sharing per Government
Code section 20516(f). This reduction in the employee contribution rate sunsets at the
end of the last full pay period in December 2024. Accordingly, effective the pay
period that includes January 1, 2025, Tier 11 employees shall contribute a total
employee contribution of 13% as follows: seven percent (7%) (compensation
earnable) member contribution and six percent (6%) of compensation earnable as cost
sharing per Government Code section 20516(t).
Tier III Employees - The minimum statutory employee contribution for
employees in Tier III is subject to the provisions of PEPRA and equals 50% of the
"total normal cost". Tier III employees shall make an additional contribution of
pensionable compensation toward retirement pursuant to Government Code section
20516(f), such that the total employee contribution equals 13% of pensionable
compensation.
Temporary Reduction. Effective the pay period that includes January
1, 2023, the minimum statutory employee contribution for employees in Tier III is
subject to the provisions of PEPRA and equals 50% of the "total normal cost". Tier
III employees shall make an additional contribution of pensionable compensation
toward retirement pursuant to Government Code section 20516(f), such that the total
employee contribution equals no less than 11.5% of pensionable compensation (i.e.,
the greater of 11.5% or 50% of the "total normal cost"). This reduction in the employee
contribution rate sunsets at the end of the last full pay period in December 2024.
Page 2 of 4
Accordingly, effective the pay period that includes January 1, 2025, the minimum
statutory employee contribution for employees in Tier III is subject to the provisions
of PEPRA and equals 50% of the "total normal cost Tier III employees shall make
an additional contribution of pensionable compensation toward retirement pursuant to
Government Code section 20516(f), such that the total employee contribution equals
no less than 13% of pensionable compensation (i.e., the greater of 13% or 50% of the
"total normal cost").
The City contracts with CalPERS for the 41h Level 1959 Survivors
Insurance Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military
Service Credit, 2% Cost of Living Adjustment and the pre -retirement option
settlement 2 death benefit (Government Code Section 21548)
3. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in the MOU shall remain unchanged and shall be in full force and effect.
Signatures on the next page
Page 3 of 4
Executed this _ day of , 2022
FOR THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION:
By: '
/�t
Mariah Stinson, President
FOR THE CITY OF NEWPORT BEACH:
I'm
Kevin Muldoon, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
By: I'W'...i-
ff4.,
ar n C. Harp, City Attorney
ATTEST:
Leilani Brown, City Clerk
CEA Side Letter Agreement Page 4 of 4
EXHIBIT B
SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH PROFESSIONAL AND TEHCNICAL EMPLOYEES
ASSOCIATION
This Side Letter of Agreement ("Agreement") is made and entered into this day of
2022, by and between the City of Newport Beach ("City") and the
Newport Beach Professional and Technical Employees Association ("Association")
(collectively "Parties") with respect to the following:
WHEREAS, on November 16, 2021, the City Council adopted Resolution No.
2021-109 approving a Memorandum of Understanding ("MOU") between the Parties with
a term of January 1, 2022, through December 31, 2025;
WHEREAS, given increases in the cost of medical insurance and to aid in the
recruitment and retention of valuable employees, the Parties wish to modify the MOU; and
WHEREAS, this Agreement will not have the effect of an agreement, and will not
be binding on either parry, until it is ratified by the affected bargaining unit and approved
by the City Council.
NOW, THEREFORE, it is mutually agreed between the Parties as follows:
1. The following language in Section 4.13.2. Fringe Benefits,
Retirement Benefit, Employee Contributions, of the MOU is amended to read as follows:
2. Employee Contributions
The Association has agreed to share in the rising cost of pension
obligations. Under the terms of this MOU, unit members will contribute additional
amounts toward the CalPERS retirement benefit, to the extent permissible by law.
Should any provision be deemed invalid, the City and Association agree to meet for
the purpose of renegotiating employee retirement contributions.
Employee retirement contributions that are in addition to the normal
CalPERS Member Contribution (of 7% or 8%) shall be calculated on base pay, special
pays, and other pays normally reported as "PERSable" compensation (known either
as compensation earnable or pensionable compensation) and will be made on a pre-
tax basis through payroll deduction, to the extent allowable by law. It is recognized
that these payments will not be reported to CalPERS as contributions toward either
the Member or Employer rate, as provided under Government Code Section 20516(o.
Under a separate agreement and ratified via a contract amendment with
CalPERS in 2008, Tier I employees shall contribute 2.42% compensation earnable (as
cost sharing) per Government Code section 20516(a).
NBPTEA Side Letter Agreement Page I of 4
Tier I Employees - shall contribute a total employee contribution of
13% as follows: Tier 1 — Eight percent (8%) member contribution, 2.42% of
compensation earnable as cost sharing per Government Code section 20516(a) and
2.58% of compensation earnable as cost sharing per Government Code section
20516(f).
Temporary Reduction. Effective the pay period that includes January
1, 2023, Tier I Employees shall contribute a total employee contribution of 11.5% as
follows: Tier 1 — Eight percent (8%) member contributions, 2.42% of compensation
earnable as cost sharing per Government Code section 20516(a) and 1.08% of
compensation earnable as cost sharing per Government Code section 20516(f). This
reduction in the employee contribution rate sunsets at the end of the last full pay period
in December 2024. Accordingly, effective the pay period that includes January 1,
2025, Tier I Employees shall contribute a total employee contribution of 13% as
follows: Tier 1 — Eight percent (8%) member contribution, 2.42% of compensation
earnable as cost sharing per Government Code section 20516(a) and 2.58% of
compensation earnable as cost sharing per Government Code section 20516(f).
Tier II Employees - shall contribute a total employee contribution of
13% as follows: seven percent (7%) (compensation earnable) member contribution
and six percent (6%) of compensation earnable as cost sharing per Government Code
section 20516(f).
Temporary Reduction. Effective the pay period that includes January
1, 2023. Tier II Employees shall contribute a total employee contribution of 1 1.5% as
follows: seven percent (7%) (compensation earnable) member contribution and four
and one-half percent (4.5%) of compensation earnable as cost sharing per Government
Code section 20516(f). This reduction in the employee contribution rate sunsets at the
end of the last full pay period in December 2024. Accordingly, effective the pay
period that includes January 1, 2025, Tier II employees shall contribute a total
employee contribution of 13% as follows: seven percent (7%) (compensation
earnable) member contribution and six percent (6%) of compensation earnable as cost
sharing per Government Code section 20516(t).
Tier III Employees - The minimum statutory employee contribution for
employees in Tier III is subject to the provisions of PEPRA and equals 50% of the
"total normal cost". Tier III employees shall make an additional contribution of
pensionable compensation toward retirement pursuant to Government Code section
20516(f), such that the total employee contribution equals 13% of pensionable
compensation.
Temporary Reduction. Effective the pay period that includes January
1, 2023, the minimum statutory employee contribution for employees in Tier III is
subject to the provisions of PEPRA and equals 50% of the "total normal cost". Tier
III employees shall make an additional contribution of pensionable compensation
toward retirement pursuant to Government Code section 20516(f), such that the total
employee contribution equals no less than 1 1.5% of pensionable compensation (i.e.,
NBPTEA Side Letter Agreement Page 2 of 4
the greater of 11.5% or 50% of the "total normal cost"). This reduction in the employee
contribution rate sunsets at the end of the last full pay period in December 2024.
Accordingly, effective the pay period that includes January 1, 2025, the minimum
statutory employee contribution for employees in Tier III is subject to the provisions
of PEPRA and equals 50% of the "total normal cost". Tier III employees shall make
an additional contribution of pensionable compensation toward retirement pursuant to
Government Code section 20516(f), such that the total employee contribution equals
no less than 13% of pensionable compensation (i.e., the greater of 13% or 50% of the
"total normal cost').
The City contracts with Ca1PERS for the 41h Level 1959 Survivors
Insurance Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military
Service Credit, 2% Cost of Living Adjustment and the pre -retirement option
settlement 2 death benefit (Government Code Section 21548)
3. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in the MOU shall remain unchanged and shall be in full force and effect.
Signatures on the next page
NBPTEA Side Letter Agreement Page 3 of -1
Executed this a day of )V tM kI1,, 2022
ATTEST:
LOW
FOR THE NEWPORT BEACH PROFESSIONAL AND TECHNICAL
EMPLOYEES ASSOCIATION:
By: mLd-
Moniqtk Navarrete, President
FOR THE CITY OF NEWPORT BEACH:
Kevin Muldoon, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
By: (./� -r--P
Aaron C. Harp, City Attorney
Leilani Brown, City Clerk
NBPTEA Side Letter Agreement Page 4 of 4
EXHIBIT O
SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH EIVIPLOYEES LEAGUE
This Side Letter of Agreement ("Agreement") is made and entered into this day of
2022, by and between the City of Newport Beach ("City") and the
Newport Beach Employees League ("League") (collectively "Parties") with respect to the
following:
WHEREAS, on January 25, 2022, the City Council adopted Resolution No. 2022-
08 approving a Memorandum of Understanding ("MOU") between the Parties with a term
of January 1, 2022, through December 31, 2025;
WHEREAS, given increases in the cost of medical insurance and to aid in the
recruitment and retention of valuable employees, the Parties wish to modify the MOU; and
WHEREAS, this Agreement will not have the effect of an agreement, and will not
be binding on either party, until it is ratified by the affected bargaining unit and approved
by the City Council.
NOW, THEREFORE, it is mutually agreed between the Parties as follows:
1. The following language in Section 4.D.2. Fringe Benefits,
Retirement Benefit, Employee Contributions, of the MOU is amended to read as follows:
2. Employee Contributions
The LEAGUE has agreed to share in the rising cost of pension
obligations. Under the terms of this MOU, unit members will contribute additional
amounts toward the Ca1PERS retirement benefit, to the extent permissible by law.
Should any provision be deemed invalid, the City and LEAGUE agree to meet for the
purpose of renegotiating employee retirement contributions.
Employee retirement contributions that are in addition to the normal
Ca1PERS Member Contribution (of 7% or 8%) shall be calculated on base pay, special
pays, and other pays normally reported as "PERSable" compensation and will be made
on a pre-tax basis through payroll deduction, to the extent allowable by law. It is
recognized that these payments will not be reported to Ca1PERS as contributions
toward either the Member or Employer rate, as provided under Government Code
Section 20516(f).
Under a separate agreement and ratified via a contract amendment with
CalPERS in 2008, Tier I employees shall contribute 2.42% compensation earnable
(as cost sharing) per Government Code section 20516(a).
League Side Letter Agreement Page I. of 4
Tier I Employees - shall contribute a total employee contribution of
13% as follows: Tier 1 — Eight percent (8%) member contribution, 2.42% of
compensation earnable as cost sharing per Government Code section 20516(a) and
2.58% of compensation earnable as cost sharing per Government Code section
20516(f).
Temporary Reduction. Effective the pay period that includes January
1, 2023, Tier I Employees shall contribute a total employee contribution of 1 1.5% as
follows: Tier 1 — Eight percent (8%) member contributions, 2.42% of compensation
earnable as cost sharing per Government Code section 20516(a) and 1.08% of
compensation earnable as cost sharing per Government Code section 20516(f). This
reduction in the employee contribution rate sunsets at the end of the last full pay
period in December 2024. Accordingly, effective the pay period that includes
January 1, 2025, Tier I Employees shall contribute a total employee contribution of
13% as follows: Tier 1 — Eight percent (8%) member contribution, 2.42% of
compensation earnable as cost sharing per Government Code section 20516(a) and
2.58% of compensation earnable as cost sharing per Government Code section
20516(f).
Tier II Employees - shall contribute a total employee contribution of
13% as follows: seven percent (7%) (compensation earnable) member contribution
and six percent (6%) of compensation earnable as cost sharing per Government Code
section 20516(f).
Temporary Reduction. Effective the pay period that includes January
1, 2023, Tier II Employees shall contribute a total employee contribution of 1 1.5%
as follows: seven percent (7%) (compensation earnable) member contribution and
four and one-half percent (4.5%) of compensation earnable as cost sharing per
Government Code section 20516(f). This reduction in the employee contribution rate
sunsets at the end of the last fill pay period in December 2024. Accordingly,
effective the pay period that includes January 1, 2025, Tier II employees shall
contribute a total employee contribution of 13% as follows: seven percent (7%)
(compensation earnable) member contribution and six percent (6%) of compensation
earnable as cost sharing per Government Code section 20516(f).
Tier III Employees - The minimum statutory employee contribution for
employees in Tier III is subject to the provisions of PEPRA and equals 50% of the
"total normal cost". Tier III employees shall make an additional contribution of
pensionable compensation toward retirement pursuant to Government Code section
20516(f), such that the total employee contribution equals 13% of pensionable
compensation.
Temporary Reduction. Effective the pay period that includes January
1, 2023, the minimum statutory employee contribution for employees in Tier III is
subject to the provisions of PEPRA and equals 50% of the 'total normal cost'. Tier
III employees shall make an additional contribution of pensionable compensation
toward retirement pursuant to Government Code section 20516(f), such that the total
League Side Letter Agreement Page 2 of 4
employee contribution equals no less than 11.5% of pensionable compensation (i.e..
the greater of 11.5% or 50% of the "total normal cost"). This reduction in the
employee contribution rate sunsets at the end of the last full pay period in December
2024. Accordingly, effective the pay period that includes January 1, 2025, the
minimum statutory employee contribution for employees in Tier III is subject to the
provisions of PEPRA and equals 50% of the "total normal cost". Tier III employees
shall make an additional contribution of pensionable compensation toward retirement
pursuant to Government Code section 20516(f), such that the total employee
contribution equals no less than 13% of pensionable compensation (i.e., the greater
of 13% or 50% of the "total normal cost").
The City contracts with CalPERS for the 41h Level 1959 Survivors
Insurance Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military
Service Credit, 2% Cost of Living Adjustment and the pre -retirement option
settlement 2 death benefit (Government Code Section 21548)
3. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in the MOU shall remain unchanged and shall be in full force and effect.
Signatures on the next page
League Side Letter Agreement Page 3 of 4
Executed this _ day of , 2022
FOR THE NEWPORT BEACH CITY EMPLOYEES LEAGUE:
FOR THE CITY OF NEWPORT BEACH:
IN
Kevin Muldoon, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
By: C 4'.'-
Aaron C. Harp, City Attorney
ATTEST:
Leilani Brown, City Clerk
League Side Letter Agreement Page 4 of 4
EXHIBIT D
SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH PART TIME EMPLOYEES ASSOCIATION OF
NEWPORT BEACH
This Side Letter of Agreement ("Agreement") is made and entered into this _ day of
2022, by and between the City of Newport Beach ("City") and the
Part Time Employees Association of Newport Beach ("Association") (collectively
"Parties") with respect to the following:
WHEREAS, on March 8, 2022, the City Council adopted Resolution No. 2022-17
approving a Memorandum of Understanding ("MOU") between the Parties with a term of
January 1, 2022, through December 31, 2025;
WHEREAS, given increases in the cost of medical insurance and to aid in the
recruitment and retention of valuable employees, the Parties wish to modify the MOU; and
WHEREAS, this Agreement will not have the effect of an agreement, and will not
be binding on either party, until it is ratified by the affected bargaining unit and approved
by the City Council.
NOW, THEREFORE, it is mutually agreed between the Parties as follows:
L The following language in Section 3.F.2. Fringe Benefits, Retirement
Benefit, Employee Contributions, of the MOU is amended to read as follows:
2. Employee Contributions
The Association has agreed to share in the rising cost of pension
obligations. Under the terms of this MOU, unit members will contribute additional
amounts toward the CalPERS retirement benefit, to the extent permissible by law.
Should any provision be deemed invalid, the City and Association agree to meet for
the purpose of renegotiating employee retirement contributions.
Employee retirement contributions that are in addition to the normal
CalPERS Member Contribution (of 7% or 8%) shall be calculated on base pay, special
pays, and other pays normally reported as "PERSable" compensation and will be made
on a pre-tax basis through payroll deduction, to the extent allowable by law. It is
recognized that these payments will not be reported to CalPERS as contributions
toward either the Member or Employer rate, as provided under Government Code
Section 20516(f).
Under a separate agreement and ratified via a contract amendment with
CalPERS in 2008, Tier I employees shall contribute 2.42% compensation earnable (as
cost sharing) per Government Code section 20516(a).
PTEANB Side Letter Agreement Page t of 4
Tier I Employees - shall contribute a total employee contribution of
I3% as follows: Tier 1 — Eight percent (8%) member contribution, 2.42% of
compensation earnable as cost sharing per Government Code section 20516(a) and
2.58% of compensation earnable as cost sharing per Government Code section
20516(f).
Temporary Reduction. Effective the pay period that includes January
1, 2023, Tier I Employees shall contribute a total employee contribution of 11.5% as
follows: Tier 1 — Eight percent (8%) member contributions, 2.42% of compensation
earnable as cost sharing per Government Code section 20516(a) and 1.08% of
compensation earnable as cost sharing per Government Code section 20516(f). This
reduction in the employee contribution rate sunsets at the end of the last full pay period
in December 2024. Accordingly, effective the pay period that includes January 1,
2025, Tier I Employees shall contribute a total employee contribution of 13% as
follows: Tier 1 — Eight percent (8%) member contribution, 2.42% of compensation
earnable as cost sharing per Government Code section 20516(a) and 2.58% of
compensation earnable as cost sharing per Government Code section 20516(f).
Tier II Employees - shall contribute a total employee contribution of
13% as follows: seven percent (7%) (compensation earnable) member contribution
and six percent (6%) of compensation earnable as cost sharing per Government Code
section 20516(f).
Temporary Reduction. Effective the pay period that includes January
1, 2023, Tier II Employees shall contribute a total employee contribution of 11.5% as
follows: seven percent (7%) (compensation earnable) member contribution and four
and one-half percent (4.5%) of compensation earnable as cost sharing per Government
Code section 20516(f). This reduction in the employee contribution rate sunsets at the
end of the last full pay period in December 2024. Accordingly, effective the pay
period that includes January 1, 2025, Tier II employees shall contribute a total
employee contribution of 13% as follows: seven percent (7%) (compensation
earnable) member contribution and six percent (6%) of compensation earnable as cost
sharing per Government Code section 20516(f).
Tier III Employees - The minimum statutory employee contribution for
employees in Tier III is subject to the provisions of PEPRA and equals 50% of the
"total normal cost". Tier III employees shall make an additional contribution of
pensionable compensation toward retirement pursuant to Government Code section
20516(t), such that the total employee contribution equals 13% of pensionable
compensation.
Temporary Reduction. Effective the pay period that includes January
1, 2023. the minimum statutory employee contribution for employees in Tier III is
subject to the provisions of PEPRA and equals 50% of the "total normal cost". Tier
III employees shall make an additional contribution of pensionable compensation
toward retirement pursuant to Government Code section 20516(f), such that the total
employee contribution equals no less than 11.5% of pensionable compensation (i.e.,
the greater of 11.5% or 50% of the "total normal cost'). This reduction in the employee
PTEANB Side Letter Agreement Page 2 of .I
contribution rate sunsets at the end of the last full pay period in December 2024.
Accordingly, effective the pay period that includes January 1, 2025, the minimum
statutory employee contribution for employees in Tier III is subject to the provisions
of PEPRA and equals 50% of the "total normal cost". Tier III employees shall make
an additional contribution of pensionable compensation toward retirement pursuant to
Government Code section 20516(f), such that the total employee contribution equals
no less than 13% of pensionable compensation (i.e., the greater of 13% or 50% of the
"total normal cost").
The City contracts with Ca1PERS for the 41" Level 1959 Survivors
Insurance Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military
Service Credit, 2% Cost of Living Adjustment and the pre -retirement option
settlement 2 death benefit (Government Code Section 21548)
Employees in the classifications Police Cadet and Police Reserve
Officer are excluded from membership in CalPERS, as provided in the contract
between the City of Newport Beach and the Board of Administration of the Public
Employees' Retirement System.
2. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in the MOU shall remain unchanged and shall be in filll force and effect.
Signatures on the next page
P'[EANB Side Letter Agreement Page 3 of 4
Executed this 3 day of N bm m6-,,, 2022
FOR THE PART TIME EMPLOYEES ASSOCIATION OF NEWPORT
BEACH:
1 s ent
FOR THE CITY OF NEWPORT BEACH:
Lo
Kevin Muldoon, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
By: -.-� \ . /�.�►"---
A on C. Harp, City Attorney
ATTEST:
Leilani Brown, City Clerk
PTEANB Side Letter Agreement Page 4 of 4
EXHIBIT E
SIDE LETTER OF AGREEIVI:ENT
BETWEEN
CITY OF NEWPORT BEACH
AND
THE NEIVPORT BEACH POLICE ASSOCIATION
This Side Letter of Agreement ("Agreement") is made and entered into this _ day of
2022, by and between the City of Newport Beach ("City") and the
Newport Beach Police Association ("NBPA") (collectively "Parties") with respect to the
following:
WHEREAS, on December 14, 2021, the City Council adopted Resolution No.
2021-129 approving a Memorandum of Understanding ("MOU") between the Parties with
a term of July 1, 2021, through November 30, 2025;
WHEREAS, given increases in the cost of medical insurance and to aid in the
recruitment and retention of valuable employees, the Parties wish to modify the MOU; and
WHEREAS, this Agreement will not have the effect of an agreement, and will not
be binding on either party, until it is ratified by the affected bargaining unit and approved
by the City Council.
NOW, THEREFORE, it is mutually agreed between the Parties as follows:
1. The following language in Section 4.A.2. Fringe Benefits, Insurance,
Medical Insurance, of the MOU is amended to read as follows:
2. Medical Insurance
b. City Contribution
Current Language:
i. The City's monthly contribution towards the Cafeteria Plan is
$1,524.00 (plus the minimum CalPERS participating employer contribution as outlined in
Government Code section 22892.)
Amended Language:
i. The City's monthly contribution towards the Cafeteria Plan is
$1,524.00 (plus the minimum CalPERS participating employer's contribution as outlined
in Government Code section 22892.) Temporary Increase. Effective the pay period that
includes January 1, 2023, the City's monthly contribution towards the Cafeteria Plan
increases to $1,624.00 (plus the minimum CalPERS participating employer's contribution
as outlined in Government Code section 22892). Effective the pay period that includes
January 1, 2025, the City's monthly contribution towards the Cafeteria Plan decreases to
$1,524.00 (plus the minimum CalPERS participating employer's contribution as outlined
in Government Code section 22892).
NBPA Side Letter Agreement Page 1. of 3
2. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in the MOU shall remain unchanged and shall be in frill force and effect.
Signatures on the next page
NBPA Side Letter Agreement Page 2 of 3
Executed this 8 day of kl(W e rbu kr2022
ATTEST:
IIn
FOR THE NEWPORT BEACH POLICE ASSOCIATION:
Mark FasaAo, P es' ent
FOR THE CITY OF NEWPORT BEACH:
IN
Kevin Muldoon, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
By: ...-
Aaron C. Harp, City Attorney
Leilani Brown, City Clerk
NBPA Side Letter Agreement Page 3 of 3
EXHIBIT F
SIDE LETTER OF AGREEIVIENT
BETWEEN
CtTV OF NEWPORT BEACH
AND
THE NEWPOIeT BEACH POLICE NIAiNAGENIENT ASSOCIATION
This Side Letter of Agreement ("Agreement") is made and entered into this _ day of
2022, by and between the City of Newport Beach ("City") and the
Newport Beach Police Management Association ("NBPMA") (collectively "Parties") with
respect to the following:
WHEREAS, on June 28, 2022, the City Council adopted Resolution No. 2022-44
approving a Memorandum of Understanding ("MOU") between the Parties with a term of
July 1, 2022, through June 30, 2026;
WHEREAS, given increases in the cost of medical insurance and to aid in the
recruitment and retention of valuable employees, the Parties wish to modify the MOU; and
WHEREAS, this Agreement will not have the effect of an agreement, and will not
be binding on either party, until it is ratified by the affected bargaining unit and approved
by the City Council.
NOW, THEREFORE, it is mutually agreed between the Parties as follows:
1. The following language in Section 4.A.2. Fringe Benefits, Health Insurance,
Medical Insurance, of the MOU is amended to read as follows:
2. Medical Insurance
b. City Contribution
Current Language:
i. The City's monthly contribution towards the Cafeteria Plan is $1,524.00
(plus the minimum Ca1PERS participating employer contribution as outlined in
Government Code §22892.)
Amended Language:
i. The City's monthly contribution towards the Cafeteria Plan is $1,524.00
(plus the minimum CaIPERS participating employer's contribution as outlined in
Government Code §22892.) Temporary Increase. Effective the pay period that includes
January 1, 2023, the City's monthly contribution towards the Cafeteria Plan increases to
$1,624.00 (plus the minimum CAPERS participating employer's contribution as outlined
in Government Code §22892). Effective the pay period that includes January 1, 2025, the
City's monthly contribution towards the Cafeteria Plan decreases to $1,524.00 -(plus the
minimum CaIPERS participating employer's contribution as outlined in Government Code
§22892)•
NBPMA Side Letter Agreement Page i of 3
2. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in the MOU shall remain unchanged and shall be in frill force and effect.
Signatures on the next page
NBPMA Side Letter Agreement Page 2 of 3
Executed this
ATTEST:
day of 52022
FOR THE NEWPORT BEACH POLICE MANAGEMENT
ASS OCIA T ION:
By:1C.rC� rJ�uz�c�
Eric Little, President
FOR THE CITY OF NEWPORT BEACH:
Kevin Muldoon, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
�r
i
By, z
f
Aaron C. Harp, City Attorney
Leilani Brown, City Clerk
NBPMA Side Letter Agreement Page 3 of 3
EXHIBIT G
SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF NEWPORT BEACH
AND
THE NE' 1VPORT BEACH FIREFIGHTERS ASSOCIATION
This Side Letter of Agreement ("Agreement") is made and entered into this day of
2022, by and between the City of Newport Beach ("City") and the
Newport Beach Firefighters Association ("NBFA") (collectively "Parties") with respect to
the following:
WHEREAS, on December 14, 2021, the City Council adopted Resolution No.
2021-130 approving a Memorandum of Understanding ("MOU") between the Parties with
a term of January 1, 2022, through December 31, 2025;
WHEREAS, given increases in the cost of medical insurance and to aid in the
recruitment and retention of valuable employees, the Parties wish to modify the MOU; and
WHEREAS, this Agreement will not have the effect of an agreement, and will not
be binding on either party, until it is ratified by the affected bargaining unit and approved
by the City Council.
NOW, THEREFORE, it is mutually agreed between the Parties as follows:
1. The following language in Section 4.A.2. Fringe Benefits, Insurance,
Medical Insurance, of the MOU is amended to read as follows:
2. Medical Insurance
Current Language: The City's monthly contribution towards the Cafeteria
Plan is $1,824.00 (plus the minimum CalPERS participating employee's contribution).
Amended Language: The City's monthly contribution towards the
Cafeteria Plan is $1,824.00 (plus the minimum CalPERS participating employer's
contribution). Temporary Increase. Effective the pay period that includes January 1, 2023,
the City's monthly contribution towards the Cafeteria Plan increases to $1,924.00 (plus the
minimum CalPERS participating employer's contribution). Effective the pay period that
includes January 1, 2025, the City's monthly contribution towards the Cafeteria Plan
decreases to $1,824.00 (plus the minimum CalPERS participating employer's
contribution).
2. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in the MOU shall remain unchanged and shall be in full force and effect.
Signatures on the next page
NBFA Side Letter Agreement Page 1 of 2
Executed this !Ef day of �) c1 V t' ws cf', 2022
FOR THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION:
By: �2
Bobby Salerno, President
FOR THE CITY OF NEWPORT BEACH:
L'I'm
Kevin Muldoon, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
By: ,,,..•.��
Aaron C. Harp, City Attorney
ATTEST:
Leilani Brown, City Clerk
NBFA Side Letter Agreement Page 2 of 2
EXHIBIT H
SLUE LETTER OF AGREEMENT
I3ETWE EN
CITY OF NEWPOR"i' 13EAC.H
AND
THE NEWPORT BEACH FIRE MANACETMENT ASSOCIATION
This Side Letter of Agreement ("Agreement") is made and entered into this _ day of
2022, by and between the City of Newport Beach ("City") and the
Newport Beach Fire Management Association (`NBFMA") (collectively "Parties") with
respect to the following:
WHEREAS, on June 14, 2022, the City Council adopted Resolution No. 2022-39
approving a Memorandum of Understanding ("MOU") between the Parties with a term of
July 1, 2022, through June 30, 2026;
WHEREAS, given increases in the cost of medical insurance and to aid in the
recruitment and retention of valuable employees, the Parties wish to modify the MOU; and
WHEREAS, this Agreement will not have the effect of an agreement, and will not
be binding on either party, until it is ratified by the affected bargaining unit and approved
by the City Council.
NOW, THEREFORE, it is mutually agreed between the Parties as follows:
1. The following language in Section 4.A2. Fringe Benefits, Insurance. City
Contribution, of the MOU is amended to read as follows:
2. City Contribution
Current Language: The City's contribution towards the Cafeteria Plan is
$1,824.00 (plus the minimum CalPERS participating employee's contribution).
Amended Language: The City's monthly contribution towards the
Cafeteria Plan is $1,824.00 (Plus the minimum CalPERS participating employer's
contribution). Temporary Increase. Effective the pay period that includes January 1, 2023,
the City's monthly contribution towards the Cafeteria Plan increases to $1,924.00 (plus the
minimum CalPERS participating employer's contribution). Effective the pay period that
includes January 1, 2025, the City's monthly contribution towards the Cafeteria Plan
decreases to $1,824.00 (plus the minimum CalPERS participating employer's
contribution).
2. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in the MOU shall remain unchanged and shall be in full force and effect.
Signatures on the next page
NBFMA Side Letter Agreement Page I of 2
Executed this _ day of 92022
ATTEST:
am
FOR THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION:
Brian McDonough, �esident
FOR THE CITY OF NEWPORT BEACH:
Kevin Muldoon, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
By:�'�-----
Aaron C. Harp, City Attorney
Leilani Brown, City Clerk
NBFMA Side Letter Agreement Page 2 of 2
EXHIBIT 1
SIDE LETTER OF AGREENIENT
BETWEEN
CITY OF NEWPORT BEACH
AND
TEIE NENVPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
This Side Letter of Agreement ("Agreement") is made and entered into this day of
2022, by and between the City of Newport Beach ("City") and the
Newport Beach Lifeguard Management Association ("NBLMA") (collectively "Parties")
with respect to the following:
WHEREAS, on May 10, 2022, the City Council adopted Resolution No. 2022-28
approving a Memorandum of Understanding ("MOU") between the Parties with a term of
January 1, 2022, through December 31, 2025;
WHEREAS, given increases in the cost of medical insurance and to aid in the
recruitment and retention of valuable employees, the Parties wish to modify the MOU; and
WHEREAS, this Agreement will not have the effect of an agreement, and will not
be binding on either party, until it is ratified by the affected bargaining unit and approved
by the City Council.
NOW, THEREFORE, it is mutually agreed between the Parties as follows:
1. The following language in Section 4.A.2. Fringe Benefits, Insurance, City
Contribution, of the MOU is amended to read as follows:
2. City Contribution
a. Full-time Members:
Current Language: The City's contribution towards the Cafeteria Plan is
$1,645 (plus the minimum CalPERS participating employer's contribution).
Amended Language: The City's monthly contribution towards the
Cafeteria Plan is $1,645.00 (plus the minimum CalPERS participating employee's
contribution). Temporary Increase. Effective the pay period that includes January 1, 2023,
the City's monthly contribution towards the Cafeteria Plan increases to $1,745.00 (plus the
minimum CalPERS participating employer's contribution). Effective the pay period that
includes January 1, 2025, the City's monthly contribution towards the Cafeteria Plan
decreases to $1,645.00 (plus the minimum CalPERS participating employer's
contribution).
b. Part -Time Members:
Current Language: Part-time NBLMA members receive a monthly
cafeteria benefit of $601.00. For part-time employees enrolled in medical plans, the
cafeteria amount is inclusive of the PERS designated minimum medical insurance
contribution.
Page 1 of 3
Amended Language: Part-time NBLMA members receive a monthly
cafeteria benefit of $601.00. For part-time employees enrolled in medical plans, the
cafeteria amount is inclusive of the PERS designated minimum medical insurance
contribution. Temporary Increase. Effective the pay period that includes January 1, 2023,
the City's monthly contribution towards the Cafeteria Plan increases to $637.53. For part-
time employees enrolled in medical plans, the cafeteria amount is inclusive of the CalPERS
designated minimum medical insurance contribution. Effective the pay period that
includes January 1, 2025, the City's monthly contribution towards the Cafeteria Plan
decreases to $601.00. For part-time employees enrolled in medical plans, the cafeteria
amount is inclusive of the CalPERS designated minimum medical insurance contribution.
2. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in the MOU shall remain unchanged and shall be in full force and effect.
Signatures on the next page
NBLIvIA Side Letter Agreement Page 2 of 3
Executed this 5 day of I JJIjf, ,A\- tt'0022
FOR THE NEWPORT BEACH LIFEGUARD MANAGEMENT
ASSOCIATION:
f/
.Gary C �ell, Pre • ent
FOR THE CITY OF NEWPORT BEACH:
Kevin Muldoon, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
BY �.,.►—
Aaron C. Harp, City Attorney
ATTEST:
Leilani Brown, City Clerk
NBLMA Side Letter Agreement Page 3 of 3
EXHIBIT J
S11)E LETTER OF AGREENIENT
BETWEEN
CITY OF NEWPORT BEACH
AND
THE ASSOCIATION OF NEWPORT 13EACI-I OCEAN LIFEGUAj-N.11S
This Side Letter of Agreement ("Agreement") is made and entered into this _ day of
2022, by and between the City of Newport Beach ("City") and the
Association of Newport Beach Ocean Lifeguards ("ANBOL") (collectively "Parties") with
respect to the following:
WHEREAS, on September 13, 2022, the City Council adopted Resolution No.
2022-57 approving a Memorandum of Understanding ("MOU") between the Parties with
a term of September 13, 2022, through June 30, 2025;
WHEREAS, given increases in the cost of medical insurance and to aid in the
recruitment and retention of valuable employees, the Parties wish to modify the MOU; and
WHEREAS, this Agreement will not have the effect of an agreement, and will not
be binding on either party, until it is ratified by the affected bargaining unit and approved
by the City Council.
NOW, THEREFORE, it is mutually agreed between the Parties as follows:
1. The following language in Section 4.H.2 Fringe Benefits, Retirement
Benefit, California Public Employees' Retirement System (CalPERS), of the MOU is
amended to read as follows:
2. California Public Employees' Retirement System (CaIPERS)
It is the employees' responsibility to notify the Human Resources
Department of outside employment. If the City is notified by Ca1PERS that an ANBOL
member has become a CaIPERS member through working at another CaIPERS agency,
said employee is responsible for reimbursing the City their portion of cost sharing as
required by all members and outlined below, pursuant to Government Code §20516(f).
CaIPERS will invoice their member for the employee rate only. For example, a PEPRA
member may receive an invoice from PERS for 11.5% of pensionable compensation. -
however, the ANBOL member will still need to reimburse the City 2.1% of pensionable
compensation for a total of 13.6%. The City will remind employees of this obligation at
the start of the season.
The following provisions apply only to bargaining unit members
enrolled in Ca1PERS as Safety members, consistent with the City's contract with
CaIPERS:
ANBOL Side Letter Agreement Page I of 4
Tier I: For employees hired by the City as safety members on or before
November 23, 2012, the retirement formula shall be 3% laaD 50 calculated on the basis
of the highest consecutive 12 months.
Tier II: For employees first hired by the City as safety members
between November 24, 2012 and December 31, 2012, or hired on or after January 1,
2013 and who are not new members as defined in Government Code Section
7522.04(f), the retirement formula is 2% n 50 calculated on the basis of the highest
36 month period selected by employee.
Tier III: For employees first hired by the City as safety members on or
after January 1, 2013, who are new members, as defined in Government Code Section
7522.04(f), the retirement formula shall be 2.7% !Z� 57 calculated on the basis of the
highest consecutive 36-month period selected by employees.
Employee Contributions
Tier I & Tier II Safety Employees — ANBOL Tier I and Tier II safety
employees will contribute the full statutory member contribution, equal to nine percent
(9%) of pensionable compensation, plus an additional 4.6% of pensionable
compensation toward retirement costs as permitted under Government Code section
20516(I), for a total contribution of 13.6%.
Temporary Reduction. Effective the pay period that includes January
1, 2023, Tier I and Tier II safety employees shall contribute a total employee
contribution as follows: Nine percent (9%) member contributions, and an additional
contribution of 3.1 % compensation earnable as cost sharing pursuant to Government
Code section 20516(f), such that the total employee contribution equals no less than
12.1 % of compensation earnable or 50% of the total normal cost for PEPRA safety
employees, whichever is greater, but in no event shall total employee contribution
exceed 13.6%. This reduction in the employee contribution rate sunsets at the end of
the last full pay period in December 2024. Accordingly, effective the pay period that
includes January 1, 2025, Tier I and Tier II safety employees shall contribute a total
employee contribution of 13.6% as follows: 9% member contribution and 4.6% of
compensation earnable as cost sharing per Government Code section 20516(f).
Tier III Safety Employees — In addition to the statutorily required 50%
contribution of total normal costs ("member contribution rate"), Tier III safety
employees shall contribute an additional amount of pensionable compensation
toward retirement costs pursuant to Government Code section 20516(f) so that their
contribution equals a total contribution of 13.6% of pensionable compensation.
Temporary Reduction. Effective the pay period that includes January
1, 2023, the minimum statutory employee contribution for safety employees in Tier
III is subject to the provisions of PEPRA and equals 50% of the total normal cost. Tier
III safety employees shall make an additional contribution of pensionable
compensation toward retirement pursuant to Government Code section 20516(f). such
ANBOL Side Letter Agreement Page 2 of 4
that the total employee contribution equals no less than 12.1 % of pensionable
compensation or 50% of the total normal cost for PEPRA safety employees (i.e., the
greater of 12.1 % or 50% of the "total normal cost"). This reduction in the employee
contribution rate sunsets at the end of the last full pay period in December 2024.
Accordingly, effective the pay period that includes January 1, 2025, the minimum
statutory employee contribution for safety employees in Tier III is subject to the
provisions of PEPRA and equals 50% of the total normal cost. Tier III safety
employees shall make an additional contribution of pensionable compensation toward
retirement pursuant to Government Code section 20516(f), such that the total
employee contribution equals no less than 13.6% of pensionable compensation (i.e.,
the greater of 13.6% or 50% of the "total normal cost").
If in future fiscal years the member contribution rate for safety
employees in Tier III shall become greater or less, as determined by CalPERS
valuations, the additional contribution made by the employee under Government Code
section 20516(f) will be increased or decreased accordingly so that the total employee
contribution equals 13.6% of pensionable compensation. Provided however, that the
employee contribution shall never fall below the statutorily required contribution.
2. Except as expressly modified herein, all other provisions, terms, and covenants set
forth in the MOU shall remain unchanged and shall be in full force and effect.
Signatures on the next page
ANBOL Side Letter A-reement Page 3 of 4
Executed this j_ day of t�gv����hT , 2022
ATTEST:
5
FOR THE ASSOCIATION OF NEWPORT BEACH OCEAN
LIFEGUARDS:
FOR THE CITY OF NEWPORT BEACH:
Kevin Muldoon, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
By:� r•--'---�-
Aaron C. Harp, City Attorney
Leilani Brown, City Clerk
=ANBOL Side Letter Agreement Page 4 of 4
EXHIBIT K
SECOND AMENDIV[ENT 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;
WHEREAS, given increases in the cost of medical insurance and to aid in
the recruitment and retention of valuable employees, the City Council wishes to
amend the Plan; and
WHEREAS, this amendment will not be binding until it is approved by the
City Council.
NOW, THEREFORE, the City Council of the City of Newport Beach wishes
to amend the Plan as follows:
1. Section C.l.b., Retirement Benefits, PERS, Employee Contributions,
Non Safety, of the Plan is amended to read as follows:
Non Safety:
Key and Management employees will contribute towards their CalPERS
retirement benefit.
Employee retirement contributions that are in addition to the normal CalPERS
Member Contribution shall be calculated on base pay, special pays, and other pays
normally reported as "PERSable" compensation (known either as compensation
earnable or pensionable compensation) and will be made on a pre-tax basis through
payroll deduction, to the extent allowed by law.
Key and Management Compensation Plan Page 1 of 9
Under a separate agreement and ratified via a contract amendment with
CalPERS in 2008, Tier I employees shall contribute 2.42% compensation earnable
(as cost sharing) per Government Code section 20516(a).
Tier I Employees shall contribute 13% of compensation earnable as follows:
8% as the statutory member contribution, 2.42% as cost sharing per Government
Code section 20516(a) and 2.58% as cost sharing per Government Code section
20516(f).
Temporary Reduction. Effective the pay period that includes January 1, 2023,
Tier I Employees shall contribute 11.5% of compensation earnable as follows: 8%
as the statutory member contribution, 2.42% as cost sharing per Government Code
section 20516(a) and 1.08% of compensation earnable as cost sharing per
Government Code section 20516(f). This reduction in the employee contribution
rate sunsets at the end of the last full pay period in December 2024. Accordingly,
effective the pay period that includes January 1, 2025, Tier I Employees shall
contribute 13% of compensation earnable as follows: 8% as the statutory member
contribution, 2.42% as cost sharing per Government Code section 20516(a) and
2.58% of compensation earnable as cost sharing per Government Code section
20516(f).
Tier II Employees shall contribute 13% of compensation earnable as follows:
7% as the statutory member contribution and 6% of compensation earnable as cost
sharing per Government Code section 20516(f).
Temporary Reduction. Effective the pay period that includes January 1, 2023,
Tier II Employees shall contribute 11.5% of compensation earnable as follows: 7%
as the statutory member contribution and 4.5% of compensation earnable as cost
sharing per Government Code section 20516(f). This reduction in the employee
contribution rate sunsets at the end of the last full pay period in December 2024.
Accordingly, effective the pay period that includes January 1, 2025, Tier Il
employees shall contribute 13% of compensation earnable as follows: 7% as the
statutory member contribution and 6% of compensation earnable as cost sharing per
Government Code section 20516(f).
Key and Management Compensation Plan Page 2 of 9
'Fier 1.1.1 Employees - The minimum statutory employee contribution for
employees in Tier III is subject to the provisions of PEPRA and equals 50% of the
"total normal cost'. Tier III employees shall make an additional contribution of
pensionable compensation toward retirement pursuant to Government Code section
20516(f), for a total employee contribution of 13% of pensionable compensation.
Temporary Reduction. Effective the pay period that includes January 1, 2023,
the minimum statutory employee contribution for employees in Tier III is subject to
the provisions of PEPRA and equals 50% of the "total normal cost'. Tier III
employees shall make an additional contribution of pensionable compensation
toward retirement pursuant to Government Code section 20516(f), for a total
employee contribution that is no less than 11.5% of pensionable compensation (i.e.,
Tier III employees pay the greater of 11.5% or 50% of the "total normal cost'). This
reduction in the employee contribution rate sunsets at the end of the last full pay
period in December 2024. Accordingly, effective the pay period that includes
January 1, 2025, the minimum statutory employee contribution for employees in
Tier III is subject to the provisions of PEPRA and equals 50% of the "total normal
cost'. Tier III employees shall make an additional contribution of pensionable
compensation toward retirement pursuant to Government Code section 20516(0, for
a total employee contribution that is no less than 13% of pensionable compensation
(i.e., Tier III employees pay the greater of 13% or 50% of the "total normal cost').
If in future fiscal years the member contribution rate for safety employees in
Tier III shall become greater or less, as determined by CalPERS valuations, the
additional contribution made by the employee under Government Code section
20516(f) will be increased or decreased accordingly so that the total employee
contribution equals 13% of pensionable compensation. Provided however, that the
employee contribution shall never fall below the statutorily required contribution.
Key and Management Compensation Plan Page 3 of 9
Safety:
A. Assistant Police Chief
An Assistant Police Chiefs employee contribution will depend on what Tier the
employee is in as defined above.
Tier 1 and II members will contribute the full statutory member contribution, equal
to 9% of compensation earnable, plus an additional 5.6% of compensation earnable
toward retirement costs as permitted under Government Code §20516(f), for a total
contribution of 14.6%.
Temporary Reduction. Effective the pay period that includes January 1, 2023,
Tier I and Tier II employees shall contribute the full statutory member contribution,
equal to 9%, plus an additional 4.1 % of compensation earnable toward retirement
costs as permitted under Government Code section 20516(f), for a total contribution
of 13.1 %. This reduction in the employee contribution rate sunsets at the end of the
last full pay period in December 2024. Accordingly, effective the pay period that
includes January 1, 2025, Tier I and Tier II employees shall contribute the full
statutory member contribution, equal to 9% of compensation earnable, plus an
additional 5.6% of compensation earnable toward retirement costs as permitted
under Government Code section 20516(f), for a total contribution of 14.6%.
Tier 1II members: In addition to the statutorily required 50% contribution of total
normal costs ("member contribution rate"), Tier 3 members shall contribute an
additional percentage of pensionable compensation toward retirement costs as cost
sharing pursuant to Government Code §20516(f), so that their total contribution is
14.6%
Temporary Reduction. Effective the pay period that includes January 1, 2023,
the minimum statutory employee contribution for employees in Tier III is subject to
the provisions of PEPRA and equals 50% of the "total normal cost". Tier III
employees shall make an additional contribution of pensionable compensation
toward retirement pursuant to Government Code section 20516(f) for a total
employee contribution that is no less than 13.1% of pensionable compensation (i.e.,
Key and Management Compensation Plan Page 4 of 9
Tier III employees pay the greater of 13.1 % or 50% of the "total normal cost"). This
reduction in the employee contribution rate sunsets at the end of the last full pay
period in December 2024. Accordingly, effective the pay period that includes
January 1, 2025, the minimum statutory employee contribution for employees in
Tier III is subject to the provisions of PEPRA and equals 50% of the "total normal
cost". Tier III employees shall make an additional contribution of pensionable
compensation toward retirement pursuant to Government Code section 20516(f) for
a total employee contribution that is no less than 14.6% of pensionable compensation
(i.e., Tier III employees pay the greater of 14.6% or 50% of the "total normal cost").
If in future fiscal years the member contribution rate for safety employees in
Tier III shall become greater or less, as determined by CalPERS valuations, the
additional contribution made by the employee under Government Code section
20516(f) will be increased or decreased accordingly so that the total employee
contribution equals 14.6% of pensionable compensation. Provided however, that the
employee contribution shall never fall below the statutorily required contribution.
Effective the pay period that includes January 1, 2023, the CalPERS
retirement contributions for the Assistant Police Chief classification shall be as noted
above and shall not be tied to the retirement contributions required by members of
the Police Management Association. Effective the pay period that includes January
1, 2025, the CalPERS retirement contributions for the Assistant Police Chief
classification shall be tied to the retirement contributions required by members of
the Police Management Association. If there are future changes to those employee
retirement contributions, as set forth in a council -approved MOU, the same changes
shall be made for the Assistant Police Chief.
B. Assistant Fire Chief
An Assistant Fire Chief s employee contribution will depend on what Tier the
employee is in as defined above.
Tier I and 11 members will contribute the full statutory member contribution, equal
to 9% of compensation earnable, plus an additional 4.5% of compensation earnable
Key and Management Compensation Plan Page 5 of 9
toward retirement costs as permitted under Government Code §20516(f), for a total
contribution of 13.5%.
Temporary Reduction. Effective the pay period that includes January 1, 2023,
Tier I and Tier II employees shall contribute the full statutory member contribution,
equal to 9%, plus an additional 3% of compensation earnable toward retirement costs
as permitted under Government Code section 20516(f), for a total contribution of
12%. This reduction in the employee contribution rate sunsets at the end of the last
full pay period in December 2024. Accordingly, effective the pay period that
includes January 1, 2025, Tier I and Tier II employees shall contribute the full
statutory member contribution, equal to 9% of compensation earnable, plus an
additional 4.5% of compensation earnable toward retirement costs as permitted
under Government Code section 20516(f), for a total contribution of 13.5%.
Tier III members: In addition to the statutorily required 50% contribution of total
normal costs ("member contribution rate"), Tier 3 members shall contribute an
additional percentage of pensionable compensation toward retirement costs as cost
sharing pursuant to Government Code §20516(f), so that their total contribution is
13.5%.
Temporary Reduction. Effective the pay period that includes January 1, 2023,
the minimum statutory employee contribution for employees in Tier III is subject to
the provisions of PEPRA and equals 50% of the "total normal cost". Tier III
employees shall make an additional contribution of pensionable compensation
toward retirement pursuant to Government Code section 20516(f) for a total
employee contribution that is no less than 12% of pensionable compensation (i.e.,
Tier III employees pay the greater of 12% or 50% of the "total normal cost"). This
reduction in the employee contribution rate sunsets at the end of the last full pay
period in December 2024. Accordingly, effective the pay period that includes
January 1, 2025, the minimum statutory employee contribution for employees in
Tier III is subject to the provisions of PEPRA and equals 50% of the "total normal
cost". Tier III employees shall make an additional contribution of pensionable
compensation toward retirement pursuant to Government Code section 20516(f) for
a total employee contribution that is no less than 13.5% of pensionable compensation
(i.e., Tier III employees pay the greater of 13.5% or 50% of the "total normal cost").
Key and Management Compensation Plan Page 6 of 9
If in future fiscal years the member contribution rate for safety employees in
Tier III shall become greater or less, as determined by CalPERS valuations, the
additional contribution made by the employee under Government Code section
20516(f) will be increased or decreased accordingly so that the total employee
contribution equals 13.5% of pensionable compensation. Provided however, that the
employee contribution shall never fall below the statutorily required contribution.
Effective the pay period that includes January 1, 2023, the CalPERS
retirement contributions for the Assistant Fire Chief classification shall be as noted
above and shall not be tied to the retirement contributions required by members of
the Fire Management Association. Effective the pay period that includes January 1,
2025, the CalPERS retirement contributions for the Assistant Fire Chief
classification shall be tied to the retirement contributions required by members of
the Fire Management Association. If there are future changes to those employee
retirement contributions, as set forth in a council -approved MOU, the same changes
shall be made for the Assistant Fire Chief.
C. Assistant Chief, Lifeguard Operations
The employee contribution for the Assistant Chief of Lifeguard Operations will
depend on what Tier the employee is in as defined above.
Tier I and U. members will contribute the full statutory member contribution, equal
to 9% of compensation earnable, plus an additional 4.6% of compensation earnable
toward retirement costs as permitted under Government Code §20516(f), for a total
contribution of 13.6%.
Temporary Reduction. Effective the pay period that includes January 1, 2023,
Tier I and Tier II employees shall contribute the full statutory member contribution,
equal to 9%, plus an additional 3.1% of compensation earnable toward retirement
costs as permitted under Government Code section 20516(f), for a total contribution
of 12.1%. This reduction in the employee contribution rate sunsets at the end of the
last full pay period in December 2024. Accordingly, effective the pay period that
includes January 1, 2025, Tier I and Tier II employees shall contribute the full
Key and Management Compensation Plan Page 7 of 9
statutory member contribution, equal to 9% of compensation earnable, plus an
additional 4.6% of compensation earnable toward retirement costs as permitted
under Government Code section 20516(f), for a total contribution of 13.6%.
Tier I1:1 members: In addition to the statutorily required 50% contribution of total
normal costs ("member contribution rate"), Tier 3 members shall contribute an
additional percentage of pensionable compensation toward retirement costs as cost
sharing pursuant to Government Code §20516(f), so that their total contribution is
13.6%.
Temporary Reduction. Effective the pay period that includes January 1, 2023,
the minimum statutory employee contribution for employees in Tier III is subject to
the provisions of PEPRA and equals 50% of the "total normal cost". Tier III
employees shall make an additional contribution of pensionable compensation
toward retirement pursuant to Government Code section 20516(f) for a total
employee contribution that is no less than 12.1 % of pensionable compensation (i.e.,
Tier III employees pay the greater of 12.1% or 50% of the "total normal cost"). This
reduction in the employee contribution rate sunsets at the end of the last full pay
period in December 2024. Accordingly, effective the pay period that includes
January 1, 2025, the minimum statutory employee contribution for employees in
Tier III is subject to the provisions of PEPRA and equals 50% of the "total normal
cost". Tier III employees shall make an additional contribution of pensionable
compensation toward retirement pursuant to Government Code section 20516(f) for
a total employee contribution that is no less than 13.6% of pensionable compensation
(i.e., Tier III employees pay the greater of 13.6% or 50% of the "total normal cost").
If in future fiscal years the member contribution rate for safety employees in
Tier III shall become greater or less, as determined by CalPERS valuations, the
additional contribution made by the employee under Government Code section
20516(f) will be increased or decreased accordingly so that the total employee
contribution equals 13.6% of pensionable compensation. Provided however, that the
employee contribution shall never fall below the statutorily required contribution.
Effective the pay period that includes January 1, 2023, the CalPERS
retirement contributions for the Assistant Chief of Lifeguard Operations
Key and Management Compensation Plan Page 8 of 9
classification shall be as noted above and shall not be tied to the retirement
contributions required by members of the Lifeguard Management Association.
Effective the pay period that includes January 1, 2025, the CalPERS retirement
contributions for the Assistant Chief of Lifeguard Operations classification shall be
tied to the retirement contributions required by members of the Lifeguard
Management Association. If there are future changes to those employee retirement
contributions, as set forth in a council -approved MOU, the same changes shall be
made for the Assistant Chief of Lifeguard Operations.
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 Compensation Plan Page 9 of 9
EXHIBIT I_
AMENDMENT A TO CITY OF NEWPORT BEACH
THIRD AMENDED AND RESTATED EMPLOYMENT
AGREEMENT — CITY MANAGER
WHEREAS, on January 25, 2022, the City of Newport Beach, a California
municipal corporation and Charter City ("Employer" or "City") and GRACE K.
LEUNG ("Employee"), an individual (sometimes collectively referred to herein as
"the Parties") entered into a Third Amended and Restated Employment Agreement
("Agreement") for the period of January 25, 2022 through December 30, 2026;
WHEREAS, given increases in the cost of medical insurance and to aid in
the recruitment and retention of valuable employees, the City Council wishes to
amend the Agreement; 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 4.K, Employee Benefits, Retirement-Ca1PERS of the
Agreement is amended to read as follows:
K. Retirement-CalPERS
Employee is a California Public Employees' Retirement System ("Ca1PERS")
classic member. Employee is enrolled in the City's Tier II "Classic" Ca1PERS
retirement program. Employee contributes thirteen percent (13%) of compensation
earnable towards Employee's retirement benefit which is designated as follows: 7%
of Employee/Member's total PERSable salary as the Employee/Member
Contribution and 6% as cost sharing of the Employer Contribution Rate in
accordance with Government Code Section 20516(f).
Employee's retirement contributions shall be tied to the retirement
contributions required by Tier II non -safety employees covered by the Key &
Management Compensation Plan ("Plan"). If there are changes to the retirement
contributions required by non -safety employees covered by the Plan, as set forth in
a council -approved Plan, during the term of this Agreement, this Agreement shall be
deemed amended and Employee will be subject to the same formula or percentage
contribution as it is applied to the Tier II non -safety Key & Management employees
covered under the Plan and for the same duration.
Employee retirement contributions that are in addition to the normal Ca1PERS
Member Contribution shall be calculated on Base Salary, special pays, and other
pays normally reported as "PERSable" compensation (known either as
compensation earnable or pensionable compensation) and will be made on a pre-tax
basis through payroll deduction, to the extent allowable by law.
2. 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
Leung Employment Contract Page 2 of 3
EMPLOYER
CITY OF NEWPORT BEACH
A Municipal Corporation
Kevin Muldoon, Mayor
Date:
APPROVED AS TO FORM:
By: A^-- a
Aar n C. Harp, City Attorney
ATTEST:
Leilani Brown, City Clerk
EMPLOYEE,
An Individual
By:
Gr . Leung
Date:
Date: ( 0 l 2- 7 / 2 Z.
Date:
Leung Employment Contract Page 3 of 3
EXHIBIT M
AMENDMENT A TO CITY OF NEWPORT BEACH
SEVENTH AMENDED AND RESTATED EMPLOYMENT
AGREEMENT — CITY ATTORNEY
WHEREAS, on March 22, 2022, the City of Newport Beach, a California
municipal corporation and Charter City ("Employer" or "City") and AARON C.
HARP ("Employee"), an individual (sometimes collectively referred to herein as
"the Parties") entered into a Seventh Amended and Restated Employment
Agreement ("Agreement") for the period of March 22, 2022 through December 30,
2028;
WHEREAS, given increases in the cost of medical insurance and to aid in
the recruitment and retention of valuable employees, the City Council wishes to
amend the Agreement; 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:
Section 4.J, Employee Benefits, Retirement-Ca1PERS of the
Agreement is amended to read as follows:
J. Retirement-CalPERS
Employee is a California Public Employees' Retirement System ("Ca1PERS")
classic member. Employee is enrolled in the City's Tier I "Classic" CalPERS
retirement program. Employee contributes thirteen percent (13%) of compensation
earnable towards Employee's retirement benefit which is designated as follows:
Eight percent (8%) member contribution, 2.42% of compensation earnable as cost
sharing per Government Code section 20516(a) and 2.58% of compensation
earnable as cost sharing per Government Code section 20516(f).
Employee's retirement contributions shall be tied to the retirement
contributions required by Tier I non -safety employees covered by the Key &
Management Compensation Plan ("Plan"). If there are changes to the retirement
contributions required by Tier I non -safety employees covered by the Plan, as set
forth in a council -approved Plan, during the term of this Agreement, this Agreement
shall be deemed amended and Employee will be subject to the same formula or
percentage contribution as it is applied to the Tier I non -safety Key & Management
employees covered under the Plan and for the same duration.
Employee retirement contributions that are in addition to the normal CalPERS
Member Contribution shall be calculated on Base Salary, special pays, and other
pays normally reported as "PERSable" compensation (known either as
compensation earnable or pensionable compensation) and will be made on a pre-tax
basis through payroll deduction, to the extent allowable by law.
2. 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
Harp Employment Contract Pa-e 2 of 3
Date:
EMPLOYER
CITY OF NEWPORT BEACH
EMPLOYEE,
Municipal Corporation
7AnInA
By.C'
Kevin Muldoon, Mayor
'Aron C. Harp
Date: // / 3
APPROVED AS TO FORM:
Date: � ��'vthid02- �-
Charles Sakai, Attorney
ATTEST:
Date:
Leilani Brown, City Clerk
Harp Employment Contract Page 3 of 3
EXHIBIT N
AMENDMENT A TO CITY OF NEWPORT BEACH:
SEVENTH AMENDED AND RESTATED ENIPLOYMENT
AGREEMENT — CITY CLERK
WHEREAS, on May 24, 2022, the City of Newport Beach, a California
municipal corporation and Charter City ("Employer" or "City") and LEILANI I.
BROWN ("Employee"), an individual (sometimes collectively referred to herein as
"the Parties") entered into a Seventh Amended and Restated Employment
Agreement ("Agreement") for the period of May 24, 2022 through May 24, 2026;
WHEREAS, given increases in the cost of medical insurance and to aid in
the recruitment and retention of valuable employees, the City Council wishes to
amend the Agreement; 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 4.J, Employee Benefits, Retirement- CaIPERS of the
Agreement is amended to read as follows:
J. Retirement-Ca1PERS
Employee is a California Public Employees' Retirement System ("CaIPERS")
classic member. Employee is enrolled in the City's Tier I "Classic" CaIPERS
retirement program. Employee contributes thirteen percent (13%) of compensation
earnable towards Employee's retirement benefit which is designated as follows:
Eight percent (8%) member contribution, 2.42% of compensation earnable as cost
sharing per Government Code section 20516(a) and 2.58% of compensation
earnable as cost sharing per Government Code section 20516(f).
Employee's retirement contributions shall be tied to the retirement
contributions required by Tier I non -safety employees covered by the Key &
Management Compensation Plan ("Plan"). If there are changes to the retirement
contributions required by Tier I non -safety employees covered by the Plan, as set
forth in a council -approved Plan, during the term of this Agreement, this Agreement
shall be deemed amended and Employee will be subject to the same formula or
percentage contribution as it is applied to the Tier I non -safety Key & Management
employees covered under the Plan and for the same duration.
Employee retirement contributions that are in addition to the normal CalPERS
Member Contribution shall be calculated on Base Salary, special pays, and other
pays normally reported as "PERSable" compensation (known either as
compensation earnable or pensionable compensation) and will be made on a pre-tax
basis through payroll deduction, to the extent allowable by law.
2. 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
Brown Employment Contract Page 2 of 3
EMPLOYER
CITY OF NEWPORT BEACH
A Municipal Corporation
Kevin Muldoon, Mayor
Date:
EMPLOYEE,
An Individual
By: b�yk
Leilani I. Brown
Date: l I - ? lvw
APPROVED AS TO FORM:
By: 4V--,-C &—.- Date:
ar n C. Harp, City Attorney
ATTEST:
Date:
Eric Bryan, Deputy City Clerk
o/Z 7 /2 Z
Brown Employment Contract Page 3 of 3
EXHIBIT
AMENDMENT A TO CITY OF NEWPORT BEACH.
THIRD AMENDED AND RESTATED EMPLOYMENT
AGREEMENT — CITY OF NEWPORT BEACH POLICE CHIEF
WHEREAS, on February 8, 2022, the City of Newport Beach, a California
municipal corporation and Charter City ("Employer" or "City") and JON LEWIS
("Employee"), an individual (sometimes collectively referred to herein as "the
Parties") entered into a Third Amended and Restated Employment Agreement
("Agreement") for the period of February 8, 2022 through December 30, 2025;
WHEREAS, given increases in the cost of medical insurance and to aid in
the recruitment and retention of valuable employees, the City Council wishes to
amend the Agreement; 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 5.J., Employee Benefits, Retirement- Ca1PERS of the
Agreement is amended to read as follows:
J. Retirement-Ca1PERS
Employee shall be eligible for the "3% at 50" retirement formula (i.e., the
same retirement formula set forth in the NBPMA MOU for employees enrolled in
the Tier I ("Legacy" retirement formula). Employee contributes 14.6% of
compensation earnable towards Employee's retirement benefits, which is designated
as follows: 9% of Employee/Member's total compensation earnable salary as the
Employee/Member Contribution; and 5.6% as cost sharing of the Employer
Contribution Rate in accordance with Government Code section 20516(f).
Temporary Reduction. Effective the pay period that includes January 1, 2023,
Employee shall contribute the full statutory member contribution, equal to 9%, plus
an additional 4.1 % of compensation earnable toward retirement costs as permitted
Amendment - Lewis Employment Contract Page I of 3
under Government Code section 20516(f), for a total contribution of 13.1 %. This
reduction in the employee contribution rate sunsets at the end of the last full pay
period in December 2024. Accordingly, effective the pay period that includes
January 1, 2025, Employee shall contribute the full statutory member contribution
required by members of the NBPMA, which is currently equal to 9% of
compensation earnable, plus an additional 5.6% of compensation earnable toward
retirement costs as permitted under Government Code section 20516(f), for a total
contribution of 14.6%.
Effective the pay period that includes January 1, 2023, the CalPERS
retirement contributions for Employee shall be as noted above and shall not be tied
to the retirement contributions required by members of the NBPNIA. Effective the
pay period that includes January 1, 2025, the CalPERS retirement contributions for
Employee shall be tied to the retirement contributions required by members of the
NBPMA. If there are future changes to those employee retirement contributions, this
Agreement shall be deemed amended and Employee shall be subject to the same
formula or percentage contribution as applied to the Tier I Legacy members of the
NBPMA, as set forth in a council -approved MOU, and for the same duration.
2. 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 - Lewis Employment Contract Page 2 of 3
EMPLOYER
CITY OF NEWPORT BEACH
A Municipal Corporation
Grace K. Leung, City Manager
Date:
EMPLOYEE,
An Individim]
Date:
APPROVED AS TO FORM:
1.0 By: �. Date: 2
Aaron C. Harp, City Attorney
LIN
ATTEST:
Leilani Brown, City Clerk
Date:
Amendment - Lewis Employment Contract Page 3 of 3
EXHISIT P
AMENDMENT A 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, given increases in the cost of medical insurance and to aid in
the recruitment and retention of valuable employees, the Council wishes to amend
the Agreement; 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 5.J., Employee Benefits, Retirement- Ca1PERS of the
Agreement is amended to read as follows:
J. Retirement-Ca1PERS
Employee shall be eligible for the "3% at 50" retirement formula (i.e., the
same retirement formula set forth in the NBFMA MOU for employees enrolled in
the Tier I ("Legacy" retirement formula). Employee contributes 13.5% of
compensation earnable towards Employee's retirement benefits, which is designated
as follows: 9% of Employee/Member's total compensation earnable salary as the
Employee/Member Contribution; and 4.5% as cost sharing of the Employer
Contribution Rate in accordance with Government Code section 20516(f).
Temporary Reduction. Effective the pay period that includes January 1, 2023,
Employee shall contribute the full statutory member contribution, equal to 9%, plus
an additional 3% of compensation earnable toward retirement costs as permitted
Amendment - Boyles Employment Contract Page I of 3
under Government Code section 20516(f), for a total contribution of 12%. This
reduction in the employee contribution rate sunsets at the end of the last full pay
period in December 2024. Accordingly, effective the pay period that includes
January 1, 2025, Employee shall contribute the full statutory member contribution
required by members of the NBFMA, which is currently equal to 9% of
compensation earnable, plus an additional 4.5% of compensation earnable toward
retirement costs as permitted under Government Code section 20516(f), for a total
contribution of 13.5%.
Effective the pay period that includes January 1, 2023, the CalPERS
retirement contributions for Employee shall be as noted above and shall not be tied
to the retirement contributions required by members of the NBFMA. Effective the
pay period that includes January 1, 2025, the CalPERS retirement contributions for
Employee shall be tied to the retirement contributions required by members of the
NBFMA. If there are future changes to those employee retirement contributions, this
Agreement shall be deemed amended and Employee shall be subject to the same
formula or percentage contribution as applied to Tier I Legacy members of the -
NBFMA, as set forth in a council -approved MOU, and for the same duration.
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.
Signatures on the next page
Amendment - Boyles Employment Contract Page 2 of 3
EMPLOYER
CITY OF NEWPORT BEACH
A Municipal Corporation
Grace K. Leung, City Manager
Date:
EMPLOYEE,
An Individual
Y
Jef Boyles, Fire Chie
Date: /JDQ. <' , -20.Z 7
APPROVED AS TO FORM:
B �^'� �, 1�----� Date: i
Y•
Aaron C. Harp, City Attorney
IM
ATTEST:
Leilani Brown, City Clerk
Date:
Amendment - Boyles Employment Contract Page 3 of 3
STATE OF CALIFORNIA }
COUNTY OF ORANGE ss.
CITY OF NEWPORI 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. 2022-92 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 291h day of November, 2022; and the same was so passed and adopted by the
following vote, to wit. -
AYES: Mayor Kevin Muldoon, Mayor Pro Tern Noah Blom, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 301h day of November, 2022.
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Leilani I. Brown
City Clerk
Newport Beach, California