February 25, 2025
Agenda Item No. 9
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
Grace K. Leung, City Manager - 949-644-3001, [email protected] PREPARED BY:
Sarah Rodriguez, Human Resources Manager - 949-644-3301, [email protected] TITLE:
First Amended and Restated Employment Agreement with the City of Newport Beach Police Chief
ABSTRACT:
The terms and conditions of the City of Newport Beach’s Police Chief employment are set forth in their respective Employment Agreement with the City of Newport Beach. Following City Council discussion and direction at the February 11, 2025 meeting, the City Manager wishes to revisit the employment terms and make an adjustment to the compensation.
RECOMMENDATIONS:
Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Authorize the City Manager to execute a First Amended and Restated Employment Agreement between the City of Newport Beach and David Miner for Police Chief Services.
DISCUSSION:
The terms and conditions of the City of Newport Beach’s Police Chief employment are set forth in his Employment Agreement with the City which was approved by the City Council on February 11, 2025. The Employment Agreement provided in pertinent part for an annual base salary of $270,478; and base pay adjustments equal to any cost-of-living adjustments (COLAs) received by the Newport Beach Police Management Association (NBPMA) pursuant to an approved Memorandum of Understanding (MOU) or Side Letter Agreement (SLA) between the NBPMA and the City. The proposed terms of a First Amended and Restated Employment Agreement (Attachment A) include the following:
Annual – Base Salary Increase. Beginning in 2026, and each year thereafter, Employee shall receive a Base Salary increase in compensation equal to three percent (3%) of the Base Salary or, if a smaller increase in Base Salary will place Employee at the top of the salary schedule for the Police Chief position, Employee’s Base Salary shall be increased to the maximum provided for the Police Chief position in the salary schedule adopted by the City Council. For example, if a two percent (2%) increase will place Employee at the top of the salary schedule for the Police Chief position, the increase provided in this subsection for that year would be two percent (2%). The increase shall be effective for the pay period that includes February 25. In no event shall the increases provided for in this subsection exceed the approved salary range adopted by resolution of the City Council.
Performance – Base Salary Increase. Employer, via the City Manager, shall conduct annual performance examinations on or about the anniversary date of the Effective Date of this Agreement, or, consistent with that of other Executive Management Employees. In addition to the automatic Base Salary increase provided for in Subsection 4 (B), if the City Manager determines that the Police Chief’s performance is satisfactory, the City Manager may increase the Police Chief’s Base Salary by a percentage the City Manager deems appropriate, provided that any increase shall not exceed the approved salary range for the Police Chief position adopted by resolution of the City Council.
Newport Beach Police Management Association Salary Schedule Adjustments – Base Salary Increase. Employee shall receive a Base Salary increase in compensation equal to the salary range adjustment(s) (percentage increase(s)) provided to the unit members of the Newport Beach Police Management Association (NBPMA), as set forth in an approved Memorandum of Understanding (MOU) or Side Letter Agreement (SLA) between the NBPMA and the City. Currently, the next salary range adjustment for the NBPMA is scheduled for July 12, 2025, in the amount of three percent (3%), and is reflected in the City Council adopted salary schedule. The Parties expressly agree that the salary range for the Police Chief, which is reflected in the Council approved salary schedule, shall be adjusted by the same percentage increase(s) as provided to unit members of the NBPMA, as set forth in an approved MOU or SLA.
Market Survey – Salary Schedule Adjustment. By February 26, 2026, Employer shall conduct a compensation survey for the position of Police Chief, using those agencies approved by the City Council as comparator agencies on November 19, 2024. If the compensation survey for the comparator agencies indicates the base salary for the position of Police Chief is below average, the City Manager shall propose an increase to the Newport Beach salary schedule for the position of Police Chief that reflects the base salary schedule range of the comparator agencies within two months of the completion of the salary survey.
Scholastic Achievement Pay and Uniform Allowance. Additional language added as follows: The Parties agree that the scholastic achievement pay/uniform allowance does not impact or limit the amount that may be paid as Base Salary.
FUNDING REQUIREMENTS:
The adopted budget includes sufficient funding for the Employment Agreement.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A – First Amended and Restated Employment Agreement 9-3
9-1
First Amended and Restated Employment Agreement
with the City of Newport Beach Police Chief
February 25, 2025
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