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HomeMy WebLinkAboutItem 18 - Resolution Amending the Classification and Compensation Plan for Classifications of Unrepresented Executive ManagementCity Manager's Office www.santa-ana.org/CMO Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 17, 2026 TOPIC: Resolution Amending the Classification and Compensation Plan for Classifications of Employment Designated as Unrepresented Executive Management AGENDA TITLE Resolution Amending the Classification and Compensation Plan for Classifications of Employment Designated as Unrepresented Executive Management RECOMMENDED ACTION Adopt a resolution that amends the City's Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management (EM) to update benefits and provide for future salary range adjustments. RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RESTATING AND AMENDING THE CITY'S CLASSIFICATION AND COMPENSATION PLAN FOR CLASSIFICATIONS DESIGNATED AS UNREPRESENTED EXECUTIVE MANAGEMENT (EM) GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The City Council approved increases to the salary ranges of the Executive Management positions on June 3, 2025, by Resolution 2025-025. This was based on a then -recent salary survey conducted by Human Resources. Adjusting the salary ranges brought the EM classifications to the median of the market. To maintain this placement among the median of comparator agencies, this proposed Resolution includes a provision to increase the salary ranges of the EM annually commensurate with local Consumer Price Index (CPI-U). The Resolution also provides for adjustments to EM benefits that are comparable to other agencies such as Anaheim, Fullerton, Garden Grove, Huntington Beach, Irvine, Pasadena, and Riverside; including the ability to cash -out earned sick leave upon separation at a scaled rate and the ability for the City Manager to provide severance pay for up to six (6) months upon separation without cause. Allowing for severance pay enhances the City's ability to attract and retain experienced executive -level talent. It also increases the ability to maintain the City's competitiveness in recruiting applicants when the organization's pay ranges are no longer the highest in the region, promoting a sense Resolution Amending the Classification and Compensation Plan for Classifications of Employment Designated as Unrepresented Executive Management March 17, 2026 Page 2 of security and stability within executive leadership. The Resolution also provides longevity pay for the Police Chief to match the Police Management Association sworn employee benefit. Previously, the Resolution indicated that EM would receive the special compensation benefits of another of the City's bargaining groups. For example, EM currently receive the same bilingual pay incentive as the City's management group. Now the Resolution expressly states those benefits, instead of by reference, and this change is consistent with CalPERS regulations. Current resolution language limits an EM who is near the top of the salary range to receive only the amount that brings them to the top and wait until the following year to receive a merit bonus. This has resulted in EM Members receiving a lower increase than the merit increase they earned. The language has been adjusted to correct this. Finally, the EM Members would also like to increase employee contributions to their Retirement Health Savings (RHS) plan from 1.25% to 2.5%. There is no cost to the City for this change as the employees will fund this additional contribution. ENVIRONMENTAL IMPACT There is no environmental impact associated with these actions. FISCAL IMPACT The estimated cost for FY 2025-2026 to add longevity pay for the Police Chief is $7,925. The total estimated annual cost for FY 2026-2027 for salary range adjustments based on the local CPI is $4,085 for those who are at or near the bottom of their salary range. Adoption of this resolution does not result in an immediate pay increase for EMT, as it only provides for future salary increases pursuant to the CPI, not increasing current salaries. The only exception is for one (1) employee who will fall out of the bottom of the range, resulting in the estimated cost of $4,085. The estimated cost associated with the CPI -based salary range adjustments reflects potential salary adjustments for employees whose current compensation would fall below the revised salary range minimums as a result of the CPI update. There is no immediate fiscal impact associated with earned sick leave cash -outs for employee separations, as such costs are dependent on future separation dates and accrued leave balances and cannot be accurately quantified at this time. Funds are available for expenditure in Fiscal Year 2025-2026, and future fiscal year funding will be included in the proposed budgets for City Council consideration. EXHIBITS 1. Resolution 2. EM Classifications Rank vs. Market Submitted By: Alvaro Nunez, City Manager RESOLUTION NO. 2026-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RESTATING AND AMENDING THE CITY'S CLASSIFICATION AND COMPENSATION PLAN FOR CLASSIFICATIONS DESIGNATED AS UNREPRESENTED EXECUTIVE MANAGEMENT (EM) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana ("City") hereby finds, determines, and declares as follows: A. Section 1004 of the City Charter of the City requires the City Manager to prepare, install, and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. It is the City's practice to assign job titles that reflect the duties and responsibilities of the classification and are consistent with other classifications within the City's organizational structure, as well as comparable job titles in the labor market, while maintaining internal pay equity relationships and attracting and retaining qualified candidates. C. The City Council regularly amends the City's classification and compensation plan for all full-time and part-time classifications of officers and employees of the City of Santa Ana. D. It is now desired to make various clean up changes to the language of the classification and compensation plan for the classifications designated as unrepresented Executive Management (EM). E. It is also desired to make substantive changes to the classification and compensation plan including the following: 1) Providing for annual increase to the EM classification salary ranges based upon the Consumer Price Index (CPI-U) effective July 1st of each year and based upon the CPI-U (all urban consumers) for the Los Angeles -Long Beach -Anaheim area from December of the previous year; 2) Adding the ability for EM classifications to cash -out earned sick leave upon separation at a scaled rate to either (a) their individual Retirement Health Savings (RHS) Account or (b) 457 Deferred Compensation Account or (c) cash with a cap on total hours; Resolution 2026-XXX Page 1 of 3 3) Giving the City Manager discretion to provide up to six (6) months of severance pay and allow for the ability to maintain the City's competitiveness in recruiting applicants; 4) Providing for longevity pay for the Chief of Police after six consecutive years; 5) Changing the performance based lump sum incentive payment provisions to allow for salary, lump sum payment or a combination when an incentive payment is earned and to remove the requirement that an EM member wait a year to be eligible for consideration for such payment once they have reached the top of their salary range; 6) Providing for an increase in the amount of salary contribution by EM classifications to their RHS account from 1.25% to 2.5%; and 7) Providing for certain sworn educational incentive pays which are provided for Police Management Association Members including Supervisory POST certificate, California Command College or FBI National Academy, and Master's Degree. Section 2. The Santa Ana City Council hereby approves the restated and amended EM Classification and Compensation Plan attached as Exhibit A hereto. Section 3. The Santa Ana City Council hereby also approved the EM unit Salary Schedule attached to this resolution as Exhibit A-1 reflecting classification and compensation amendments as outlined in previous City Council approved resolutions, grouped by employee unit as recommended by the California Public Employees' Retirement System ("CalPERS"), and in compliance with CalPERS and Title 2 of the California Code of Regulations § 570.5. Section 4. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest and certify the vote adopting this resolution. ADOPTED this 17t" day of March 2026. Valerie Amezcua Mayor Resolution 2026-XXX Page 2 of 3 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney ByAaur'a' Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall City Clerk, do hereby attest to and certify the attached Resolution No. 2026- to be the original resolution adopted by the City Council of the City of Santa Ana on March 17, 2026. Date: Jennifer L. Hall City Clerk City of Santa Ana Resolution 2026-XXX Page 3 of 3 WA:11:1 k ref UNREPRESENTED EXECUTIVE MANAGEMENT (EM) CLASSIFICATION AND COMPENSATION PLAN EFFECTIVE MARCH 17, 2026 Section 1. Executive Management (EM) Classification and Compensation Plan. A. Unrepresented Executive Management (EM) Classifications: Assistant City Manager (EM) Deputy City Manager (EM) Chief Technology Innovations Officer (EM) Library Services Director (EM) Executive Director of Community Development (EM) Executive Director of Finance and Management Services (EM) Executive Director of Human Resources (EM) Executive Director of Parks, Recreation and Community Services (EM) Executive Director of Planning and Building Safety (EM) Executive Director of Public Works (EM) Police Chief (EM) B. Schedule of Salaries. The Salary Ranges for classifications designated as Executive Management (EM), is attached hereto as "Attachment 1" and made a part hereof as though set forth in full herein. The salary within each salary range is shown in monthly amounts and identifies the minimum salary of the range up to the maximum salary of the range. Section 2. Saecial Pav Additives and Additional Compensation Provisions. A. Bilingual Skill Pay. Qualified employees who are assigned to positions involving the regular and frequent use of bilingual skill in both English and either Spanish, Vietnamese, or any other language designated by the City Manager will be paid in the highest amount as available to represented management employees. Incumbents of positions where bilingual proficiency is essential to the performance of duties and responsibilities of a critical and/or emergency nature, or of positions where bilingual public contact is a major, essential, or integral element of the work being performed, will be paid $175 per month. Employees who receive bilingual assignment pay shall recertify their bilingual capability every three (3) years. Employees who do not successfully pass required recertification examinations shall have their bilingual assignment pay removed. Unsuccessful employees may retake the required certification exam every three (3) months. B. Incentive Pay —. The Police Chief will be afforded the following provisions that apply: 1. Educational Incentive Program a. Supervisory POST Certificate - A sworn employee who obtains their Supervisory POST certificate, shall be five percent (5%) above their then current base monthly salary step. b. California Command College or FBI National Academy - A sworn employee who successfully completes the California Command College, FBI National Academy, or equivalent coursework that focuses on developing leadership skills or increasing knowledge of contemporary law enforcement issues of a management/executive nature shall be paid five percent (5%) above their then current base monthly salary step. c. Master's Degree - A sworn employee who earns their MA/MS Degree shall be paid five percent (5%) above their then current base monthly salary step. 2. Longevity Pay — The Police Chief will be paid at a rate of four and one-half percent (4.5%) above their base monthly salary step for the completion of six (6) consecutive years of service with the City of Santa Ana. Section 3. Administration and Applicability of the Basic Classification and Compensation Plan for Classifications of Employment Designated as Unrepresented Executive Management (EM). A. Unless specified otherwise herein, Executive Management (EM) employees will be afforded, and/or subject to, the same provisions and/or changes in compensation (excluding cost of living adjustments), fringe benefit plans and allowances, and leave provisions including but not limited to: sick, vacation, management vacation, floating holiday(s); bereavement leave; military leave; jury duty; witness leave; catastrophic and industrial injury leave; City observed paid holidays and holiday closures; cash out provisions for: sick leave, vacation, management vacation, floating holiday, and city paid holidays; City's Section 125 Plan, group health, dental, vision, term life, and long-term disability allowances and plans; wellness plan; technology stipend; access to participation in the City's voluntary benefit plans (e.g., vision, flexible spending accounts, voluntary life insurance, and 457(b) deferred compensation plan); CalPERS Retirement benefit; Retirement Health Savings Plan (RHS) participation, including any employer contribution to the employee's individual RHS plan or the same employer contribution to an association's or union's retiree health savings or similar plan on behalf of the member; work week schedules, as provided in the highest amount available to any non -sworn represented employee's unit. The salary ranges for each of the classifications covered by this Plan will be increased in the pay period following July 1 of each year at the same rate as the twelve (12) month percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) for the Los Angeles -Long Beach -Anaheim area from December of the previous year. B. Hiring Pay Policy. A newly hired Executive Management (EM) employee may be appointed and compensated at any monthly salary rate within the assigned salary range for their job classification as authorized by the City Manager. C. Rates of Pay for Temporary Part -Time Work. When an employee is hired on a temporary part-time basis in an Executive Management (EM) classification, which is defined as employment of twenty (20) hours or less per work week not to exceed a period longer than one hundred eighty (180) calendar days or nine -hundred and sixty (960) hours in a fiscal year, the employee will be paid at a rate per hour as defined by law for actual time spent in the duties of their employment. Rate per hour will be computed to the nearest whole cent by dividing the monthly rate as defined by law by 173.33. A computation resulting in exactly one-half (1 /2) cent will fix the rate at the next higher whole cent. D. Temporary Upgrade to an Executive Management (EM) Classification. Regular employees of the City who are temporarily upgraded into a higher classification for a limited duration to an Executive Management (EM) classification due to a current incumbent's leave of absence or out -of -class temporary appointment as defined in Section 3.E below, shall receive a minimum five percent (5%) temporary upgrade pay as defined by CCR 571(a)(3) as "compensation to employees who are required by their employer or governing body to work in an upgraded position/classification of limited duration," and is intended to meet the definition of "Compensation Earnable" for Classic members of CalPERS as provided by the Public Employees' Retirement Law (PERL), and Government Code § 20636. E. Out -of -Class Appointment to an Executive Management (EM) Classification. Regular employees of the City who are appointed to an "out -of -class appointment" as defined in Government Code § 20480 of the Public Employees' Retirement Law (PERL) as, "an appointment to an upgraded position or higher classification by an employer or governing body in a vacant position for a limited duration not to exceed nine -hundred sixty (960) hours in a fiscal year." A "vacant position" refers to "a position that is vacant during recruitment for a permanent appointment." A vacant position does not refer to a position that is temporarily available due to another employee's leave of absence. Executive Management (EM) classification shall receive a minimum five percent (5%) temporary upgrade premium as defined by CCR 571(a)(3) as "compensation to employees who are required by their employer or governing body to work in an upgraded position/classification of limited duration," and is intended to meet the definition of "Compensation Earnable" for Classic members of CalPERS as provided by the Public Employees' Retirement Law (PERL), and Government Code § 20636. Section 4. Health and Welfare Benefits. The following optional insurance benefits available to Executive Management (EM) employees are provided through the City's Section 125 Cafeteria Plan adopted in accordance with the provisions of Internal Revenue Code §125. Under City Council Resolution No. 98-54, the City elected to be subject to the Public Employees' Medical & Hospital Care Act (PEMHCA) to provide medical insurance through CalPERS for Executive Management classifications. The City's contribution for each employee meets the statutory minimum using the "Unequal Method" California Government Code §22892(c) (AB-2544). The City will contribute an allowance, which includes the PEMHCA statutory minimum, towards the employee's cafeteria plan in the highest amount as available to any represented employees' unit covered under the PEMHCA plan. A. Medical insurance. Eligible Executive Management (EM) employees may choose from the eligible medical insurance plan options offered by CalPERS. If an employee waives medical coverage, they must provide proof of current enrollment in a qualified non - City sponsored group health coverage plan. B. Dental insurance. Eligible Executive Management (EM) employees will have the ability to select either an HMO or PPO dental insurance plan. C. Vision insurance. Eligible Executive Management (EM) employees will have the ability to select vision insurance coverage through the City's insurance provider. D. Cash -in -Lieu of Benefits. Executive Management (EM) employees will be eligible to receive cash (subject to taxation as wages) through the City's cafeteria plan if they either waive/opt-out of receiving group health and/or dental benefits after providing proof of other group medical and/or dental coverage under a spouse or registered domestic partner's non -City sponsored plan, or if the premium of the City medical and dental plans they elect do not cost as much as the maximum allowance they receive toward such benefits. To exercise the opt -out choice, an employee must affirm their commitment to maintaining minimum essential coverage throughout the opt -out period by signing a statement. This affirmation should be submitted by the employee during the open enrollment of each plan year. However, if the City acquires evidence that the employee lacks the specified alternate coverage or if the necessary conditions are not met, the opt - out payment will not be disbursed and the City will not process the payment. In cases where sufficient documentation or a signed attestation as required is not on record, retroactive payment will not be provided. 1. Employees will possess minimum essential coverage from an alternative source (excluding coverage obtained through the individual market, irrespective of its origin, including Covered California) for the relevant plan year of the opt -out arrangement. E. Employee Contributions for Benefits. If an Executive Management (EM) employee chooses group or voluntary benefits whose aggregate premium cost exceeds the maximum City contributions to the cafeteria plan, the City will automatically deduct the excess premium amount on a pre-tax basis (through the City's Section 125 plan) from the employee's regular paycheck. F. Disability Insurance. The City will pay one hundred percent (100%) of the premium cost for a long-term disability insurance plan under the policy it maintains on behalf of its employees in order to provide Executive Management (EM) employees a monthly benefit plan as provided to the highest amount as available to any represented employees' unit covered by the City's plan. G. Life Insurance and Accidental Death & Dismemberment (AD&D). The City will pay one hundred percent (100%) of the premium cost for term life and AD&PL D insurance coverage under the policy it maintains on behalf of its employees in order to provide Executive Management (EM) employees with life and AD&PL D insurance coverage in an amount equal to three times the employee's annual rate of salary to a maximum of $300,000, subject to carrier contract, terms, and conditions. In the event an Executive Management (EM) employee is determined to be ineligible for the full benefit of said insurance coverage, the amount of life insurance will be equal the amount for which the employee is eligible for without having to provide evidence of insurability. Section 5. Leave Accruals and Cash -Out Provisions. Unless otherwise provided, the highest leave accrual, maximum accrual, and cash -out provisions provided to any represented employee's unit (Santa Ana Management Association, Confidential Association of the City of Santa Ana, Service Employees International Union Local 721) (Police Management Association for Chief of Police (EM) only), will also be offered to the classifications listed in this resolution exhibit including, but not limited to: paid holidays, floating holidays, holiday closures, vacation, "must -use" vacation, management vacation, and "must use" management vacation. A. Management Vacation Leave. Executive Management (EM) employees listed in this Resolution meet the definition of "exempt" under §13(a)(1) of the Fair Labor Standards Act (FLSA). 1. Executive Management (EM) employees will be granted one hundred (100) hours of management vacation per calendar year in addition to regular vacation accrual provisions applicable to represented employees of the City. 2. The City Manager is authorized to grant, at their discretion, additional management vacation leave hours per calendar year. B. Vacation and Sick Leave Credits for New Hires. The City Manager is authorized to grant a newly appointed Executive Management (EM) employee vacation and sick leave credits up to an amount equal to any earned but unused vacation or sick leave credits available to such appointee at the time of their separation from their most recent previous employer. C. Vacation Leave Rate of Accrual. The City Manager is authorized to provide longevity credits towards the rate of vacation hours' accrual for a newly appointed Executive Management (EM) employee. The longevity credit can only be used for the purpose of rate of vacation accrual and is up to, or less than, the accrual level at the time of their separation from their most recent previous employer. D. Paid or unpaid Administrative Leave Policy. The City Manager is authorized to grant, at their discretion, a paid or unpaid leave of absence for Executive Management (EM) employees. E. Payment for Unused Sick Leave. For all Executive Management (EM) employees employed by the City in a full-time position, except in cases of disability retirement, upon non -disciplinary termination of employment: 1. Payment Up to Five (5) Years. Employees with less than five (5) years of cumulative, consecutive service with the City, each qualified employee shall be entitled to payment for fifty percent (50%) of the total accrued sick leave benefit credited into either: 1) their individual Retirement Health Savings (RHS) account, or 2) their individual 457 deferred compensation account, or 3) cash upon the effective date of such termination, not to exceed a maximum limit of six hundred forty (640) hours, at the base rate of pay effective on the date of such termination. 2. Payment After Five (5) Years. After five (5) years of cumulative, consecutive full- time service with the City, each qualified employee shall be entitled to payment for one hundred percent (100%) of the total accrued sick leave benefit credited into either: 1) their individual RHS account, or 2) their individual 457 deferred compensation account, or 3) cash, not to exceed a maximum limit of one thousand six hundred hours (1,600) hours, at the base rate of pay effective on the date of such termination. Section 6. Retirement Plan Contributions. A. The terms of the existing contract between the City and California Public Employees' Retirement System (CaIPERS) governing the City retirement benefits of Executive Management (EM) employees covered by this Resolution are incorporated by reference herein. The City will make contributions to CaIPERS in accordance with its contract with CaIPERS for employees covered by said contract as amended. B. The California Public Employees' Pension Reform Act (PEPRA) went into effect on January 1, 2013. Based on consideration of various eligibility factors, PEPRA defines each employee as either a "classic" or "new" member of CaIPERS. C. 2.7% at 55 Service Retirement Benefit for Classic Miscellaneous Members. The City agrees to provide Executive Management (EM) employees covered by this Resolution, and who are defined as Classic Miscellaneous Members under the California Public Employees' Pension Reform Act (PEPRA) of 2013 (AB340), with the 2.7% at 55 Service Retirement benefit. D. Payment of 2.7% at 55 Service Retirement Benefit. Classic Miscellaneous Executive Management (EM) employees covered by this Resolution will contribute eight percent (8%) of CaIPERS reportable compensation earnable toward the employer cost of the 2.7% at 55 enhanced retirement formula. This payment will be implemented as cost - sharing pursuant to Government Code § 20516(f). Pre -Taxable Benefit. To the extent permitted by CaIPERS and Internal Revenue Service regulations, this eight percent (8%) employee contribution will be implemented through payroll deductions on a pre-tax basis. E. 2.0% at 62 Service Retirement Benefit for New Miscellaneous Members. The City agrees to provide Executive Management (EM) employees covered by this Resolution who were appointed to their classification on or after January 1, 2013, and who are defined as new members under the California Public Employees' Pension Reform Act (PEPRA) of 2013 (AB340), with the 2.0% at 62 Service Retirement benefit. F. Payment of 2.0% at 62 Service Retirement Benefit. Executive Management (EM) employees defined in 6.E. (above) will contribute 50% of normal cost of the 2.0% at 62 retirement benefit. This amount is determined annually by CalPERS. Pre -Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City will make the above employee deductions pre-tax contributions. G. 3% at 50 Service Retirement Benefit for Classic Safety Members. The City agrees to provide Executive Management (EM) employees covered by this Resolution, and who are defined as Classic Safety Members under the California Public Employees' Pension Reform Act (PEPRA) of 2013, with the 3% at 50 Service Retirement benefit. H. Payment of 3.0% at 50 Service Retirement Benefit. Classic Safety Executive Management (EM) employees defined in 6.G. (above) will contribute nine percent (9%) of CalPERS reportable compensation earnable toward the employer cost of the 3.0% at 50 enhanced retirement formula. This payment will be implemented as cost -sharing pursuant to Government Code § 20516(f). Pre -Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, this nine percent (9%) employee contribution will be implemented through payroll deduction on a pre-tax basis. I. 2.7% 57 Retirement Benefit for New Safety Members. The City agrees to provide Executive Management (EM) employees covered by this Resolution who were appointed to their classification on or after January 1, 2013, and who are defined as new members under the California Public Employees' Pension Reform Act (PEPRA) of 2013, with the 2.7% @ 57 Service Retirement benefit. J. Payment of 2.7% at 57 Service Retirement Benefit. Executive Management (EM) employees defined in 6.1. (above) will contribute 50% of normal cost of the 2.7% at 57 retirement benefit. This amount is determined annually by CalPERS. Pre -Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City will make the above employee deductions pre-tax contributions. K. Final Compensation for Pension Calculation. Final compensation for Classic Safety and Classic Miscellaneous Members will be based on the highest annual average compensation earnable during the 12 consecutive months immediately preceding the effective date of their retirement, or some other 12 consecutive month period designated by the member. Final compensation for Safety and Miscellaneous Members who are defined as New Members under PEPRA will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of their retirement, or some other 36 consecutive month period designated by the member. L. Deferred Retirement for Classic Safety and Classic Miscellaneous Members as defined in Section D and H (above). The City will continue to make payments to CalPERS on behalf of each eligible affected employee in an amount necessary to pay one hundred percent (100%) of each employee's member contribution and report it to CalPERS as special compensation [Government Code § 20636(C)(4)]. This contribution is known as Employer Paid Member Contribution (EPMC), which is equal to eight percent (8%) of reportable compensation for Classic Miscellaneous Members and nine percent (9%) for Classic Safety Members. Such payments will be credited to the individual employee's CalPERS account. Such payments are not an increase in base salary and no salary range applicable to any of the employees covered by this Resolution will be changed or deemed to have been changed by reason thereof. As a result, the City will not treat these payments as ordinary income and thus will not withhold federal or state income tax from said payments. The City previously received a ruling from the Internal Revenue Service confirming that such payments are deferred compensation and not ordinary income. In the event that the City receives a new ruling from the Internal Revenue Service that such payments are ordinary income of the employees instead of deferred compensation, the City's obligation to make such payments will discontinue and in place thereof the reportable compensation of each Classic Miscellaneous Member eligible for the 2.7% at 55 Benefits Formula will be increased by eight percent (8%) and each Classic Safety Member eligible for the 3% at 50 Benefits Formula will be increased by nine percent (9%). For the purpose of reporting an employee's compensation to CalPERS, the City will include these payments as if they were a part of the employee's reportable compensation earnable. Section 7. Tuition Reimbursement. Executive Management (EM) employees are eligible to participate in the Training and Education Assistance Program provided for all regular, full-time employees of the City. Reimbursement will be based on the cost of tuition, required enrollment/registration fees, miscellaneous fees (health, parking, student union fees, etc.) and all required texts, eBooks and related material for each course. Maximum tuition reimbursement will be paid in the highest amount as available to other represented employees. Section 8. Retirement Health Savings (RHS) Plan. A. Employees participate in the Retirement Health Savings Plan (RHS), with the City's contracted plan administrator. The City shall make contributions into the individual accounts of Executive Management (EM) employees as provided to the highest represented non -sworn employees' unit. 1. Executive Management (EM) employees will contribute one and one - quarter percent (1.25%) of base pay into their individual RHS account each pay period. a. Effective May 1, 2026, Executive Management (EM) employees will contribute two and one half percent (2.5%) of base pay into their individual RHS account each pay period. Section 9. Auto Allowance. With the exception of the Police Chief who receives a City vehicle, the City will contribute five hundred dollars ($500) per month to each Executive Management (EM) employee to offset reasonable and necessary expenses for the operation, maintenance, and insuring of an automobile. In lieu of receiving five hundred dollars ($500) per month, the employee may request and be provided with a vehicle. Section 10. Deferred Compensation. The City has established and maintains a deferred compensation plan pursuant to the provisions of Section 457(b) of the Internal Revenue Code. Executive Management (EM) employees covered under this resolution, at their sole discretion, may defer to have deposited into the City's 457(b) plan a portion of their compensation up to the maximum amount permitted by law. All contributions into the 457(b) plan are voluntary employee contributions and will meet the requirements of the Internal Revenue Code. Section 11. Executive Management (EM) Compensation Determination and Performance -Based Evaluation System. The provisions of the Executive Management (EM) compensation determination and performance -based evaluation system are as follows: A. Soecific Compensation Determination. 1. The City Manager is hereby given the authority to set the individual compensation, to make adjustments thereto, and to make appointments at any salary within the established salary range for all Executive Management (EM) positions for which the City Manager is the appointing authority. 2. The City Manager may establish performance criteria and appraisal guidelines to be utilized in determining individual compensation for Executive Management (EM) employees. 3. After the salary of an employee has been first established and fixed under this plan, salary advancement through the salary range will be at the discretion of the City Manager. B. Performance -Based Evaluation Pu based evaluation system is to help attract, Executive Management (EM) employees and t o Evaluation System Components. The evaluation system will be comprised of the following components: a. Objectives. The system will include a list of outcome -based, measurable objectives to be achieved which have been mutually agreed upon between the City Manager or authorized appointing authority and each individual Executive Management (EM) employee. b. Managerial Behaviors. In addition to their performance in achieving agreed upon objectives, each Executive Management (EM) employee will also be evaluated for their managerial behavior performance, including such behavior as communication (oral or written), analysis and problem solving, decision -making and judgment, planning and organization, management control, leadership, interpersonal relations, time -management, technical knowledge, handling of stress, etc. C. Performance Evaluation Guidelines. The City Manager will evaluate the performance of each of their Executive Management (EM) employees to determine their individual eligibility for a performance increase and how much, if any, increase will be given, but such increase cannot exceed the salary range maximum assigned. Such performance evaluation will be for a determined period preceding the date of the performance evaluation. 2. Performance Ratings. Each Executive Management (EM) employee's performance in relation to their agreed upon objectives and managerial behaviors will be evaluated for an identified period according to the following performance rating scale: Point Rating Performance Levels 3 Significantly Exceeds Expectations: Consistently exceeds all objectives requirements and expectations by a wide margin. 2 Exceeds Expectations: Consistently meets all objectives and requirements and exceeds several. Meets Expectations: Meets objectives and requirements. 0 Does not Meet Expectations 3. Performance -Based Incentive Lump Sum Payment. Each Executive Management (EM) employee may receive a lump sum payment in lieu of a salary increase, or a combination of salary increase and lump sum payment, granted by the City Manager for performance if they are at the top of their salary range or the proposed salary increase brings them to the top of their salary range. D. Application of Guidelines. 1. The incentive lump sum payment granted under this plan is not an increase in base salary and no salary range applicable to any Executive Management (EM) employee covered by this Resolution will be changed or deemed to have been changed by reason of such incentive pay. 2. The lump sum incentive payment defined for overall Extremely Meritorious Performance listed above in Section C.3. is not intended to meet the definition of Special Compensation under Government Code §20636(c)(1- 7) and, therefore, is not included in calculating final compensation. 3. The City Manager will be responsible for the development and administration of detailed administrative procedures and guidelines for the consistent and effective application of the Executive Management (EM) performance -based evaluation system. Such procedures and guidelines will define how performance objectives, measures, and standards are developed; when and how performance reviews are to be carried out; how performance component ratings and composite ratings will be scored; and how performance incentive lump sum payments are to be exercised. Section 12. Miscellaneous Provisions. A. Catastrophic Leave Donation. Executive Management (EM) employees will be eligible to donate and receive catastrophic leave donations as provided to all other represented employees. B. Technology Device Stipend. Executive Management (EM) employees who use their own personal electronic devices for City business in lieu of receiving a City owned device will be eligible to receive a stipend at a level matching that provided to all other represented employees. C. At -Will Employment Relationship. Classifications listed in Section 1.A. are defined as excepted from the Civil Service System as defined in §1002 of the City of Santa Ana Charter Article X — Civil Service and are considered to be employed "at -will" as defined by the California Labor Code §2922. Excepted from Civil Service Executive Management (EM) employees are appointed by, and serve at the pleasure of, the City Manager. Nothing in this Resolution Exhibit shall prevent, limit, or otherwise interfere with the right of the City Manager to terminate employment of an employee at any time, with or without cause. D. Discretion to Provide Severance Pay. The City Manager retains the discretion to provide up to six (6) months of severance pay equal to their monthly CalPERS reportable income plus the value of all City provided pension and medical benefits to any Executive Management (EM) employee who is terminated without cause or subject to lay off from City employment. ATTACHMENT 1 UNREPRESENTED EXECUTIVE MANAGEMENT (EM) MONTHLY WAGE RATE SCHEDULE EFFECTIVE MAY 4, 2025 JOB TITLE JOB CODE MINIMUM MAXIMUM Assistant City Manager (EM) 00090 19,231 25,000 Chief Technology Innovations Officer (EM) 01701 16,570 21,667 Deputy City Manager (EM) 01791 16,570 21,667 Executive Director of Community Development (EM) 02870 16,570 21,667 Executive Director of Finance and Management Services (EM) 01190 16,570 21,667 Executive Director of Human Resources (EM) 01830 16,570 21,667 Executive Director of Parks, Recreation, and Community Services EM 05400 16,570 21,667 Executive Director of Planning and Building Safety (EM) 02490 16,570 21,667 Executive Director of Public Works (EM) 02170 16,570 21,667 Library Services Director (EM) 01561 16,570 21,667 Police Chief (EM) 03390 22,064 27,916 Santa Ana Executive Management Classifications Ranked vs. Market Executive Director of Planning and Building Safety (EM) Market 4 Matches 10 MedianRank 3.80% -8.57% Deputy City Manager (EM) 5 15 6.30% -6.12% Library Services Director (EM) 5 12 11.50% -3.97% Police Chief (EM) 5 15 7.40% -9.69% City Clerk (EM) 7 14 2.50% -37.82% Chief Technology Innovations Officer (EM) 7 14 5.50% -3.97% Executive Director of Community Development (EM) 9 15 -3.70% -11.79% Executive Director of Parks, Recreation, and Community Services (EM) 9 18 4.80% -9.42% Executive Director of Finance and Management Services (EM) 10 18 -3.40% -19.29% Executive Director of Human Resources (EM) 10 18 -2.20% -13.06% Executive Director of Public Works (EM) 10 17 -2.50% -15.66% Assistant City Manager (EM) 11 17 -1.80% -10.02%