HomeMy WebLinkAbout04 - Adopting a MOU with the ANBOL and Associated Salary ScheduleQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
September 13, 2022
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Grace K. Leung, City Manager - 949-644-3001,
gleung@newportbeachca.gov
PREPARED BY: Barbara J. Salvini, Human Resources Director
PHONE: 949-644-3259
TITLE: Resolution No. 2022-57: Adopting a Memorandum of Understanding
with the Association of Newport Beach Ocean Lifeguards (ANBOL)
and Associated Salary Schedule
ABSTRACT:
The Tentative Agreement (Agreement) regarding a Memorandum of Understanding
(MOU) between the City of Newport Beach (City) and the Association of Newport Beach
Ocean Lifeguards (ANBOL or Association) was submitted at the Regular Meeting on
August 23, 2022, to provide the City Council and the community an opportunity to
consider the terms and costs of the Agreement.
The proposed MOU is now presented for the City Council's approval/adoption (or
rejection) and is the final step in the meet and confer process with ANBOL. Included in
the recommendation for approval of the MOU is the associated salary schedule. The
attached budget amendment appropriates the required funding to implement the costs
associated with the agreement for the current fiscal year.
RECOMMENDATION:
a) Determine this 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
this action will not result in a physical change to the environment, directly or indirectly;
b) Adopt Resolution 2022-57, A Resolution of the City Council of the City of Newport
Beach, California Adopting a Memorandum of Understanding Between the City of
Newport Beach and the Association of Newport Beach Ocean Lifeguards and
Associated Salary Schedule; and
c) Approve Budget Amendment No. 23-016 appropriating $80,617 in increased
expenditures in various City division salary and benefits accounts from unappropriated
General Fund balance.
4-1
Resolution No. 2022-57: Adopting a Memorandum of Understanding with the
Association of Newport Beach Ocean Lifeguards (ANBOL)
and Associated Salary Schedule
September 13, 2022
Page 2
DISCUSSION:
The following discussion was provided, in part, with the August 23, 2022, staff report and
is included here for reference:
ANBOL is a recognized employee association and represents approximately 180
seasonal ocean lifeguards in the classifications of Lifeguard I, II and III. These lifeguards
typically work the majority of their hours during the summer season, which begins the first
Saturday after the Newport Mesa Unified School District concludes its regular school year
and ends after the Labor Day holiday weekend. Reduced work hours are available during
the remainder of the year based on weather conditions and department needs.
Salient provisions of the Tentative Agreement between the City and ANBOL include:
• Term of approximately three years, expiring June 30, 2025
• Wage adjustments
o First full pay period following City Council approval — 3%
o First full pay period following July 1, 2023 — 3%
o First full pay period following July 1, 2024 — 3%
• Adding a step and deleting the lowest step in the salary range for Lifeguard
• Modifications to work hour standards. ANBOL unit members in reserve status are
required to work a minimum of 100 hours per year to maintain status for the following
year
• Modifications to sick leave cash out
• Providing for the temporary upgrading of employees when certain conditions are met
The City Council reviewed the Tentative Agreement and proposed MOU with ANBOL at
the regular meeting of August 23, 2022, after which the costing information and proposed
revisions to the MOU were posted for public review on the City's website. A final version
of the successor MOU is included as Attachment A and presented in accordance with
Government Code §3505.1. The total cost of the ANBOL MOU is estimated to be
$469,975. If the Council approves adoption of the MOU, City staff will work to implement
the terms as soon as practicable.
4-2
Resolution No. 2022-57: Adopting a Memorandum of Understanding with the
Association of Newport Beach Ocean Lifeguards (ANBOL)
and Associated Salary Schedule
September 13, 2022
Page 3
FISCAL IMPACT:
The costs associated with the proposed Tentative Agreement are projected to total
$469,975 over the next three fiscal years. Costs in the current fiscal year are projected to
total $80,617 from the effective date of the Tentative Agreement through June 30, 2023.
The attached Budget Amendment appropriates the required funds.
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).
ATTACHMENTS:
Attachment A — Resolution 2022-57 including Exhibit A, ANBOL MOU
Attachment B — Costing
Attachment C — Budget Amendment No. 23-016
4-3
ATTACHMENT A
RESOLUTION NO. 2022- 57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF NEWPORT BEACH AND THE ASSOCIATION
OF NEWPORT BEACH OCEAN LIFEGUARDS AND
AMENDING THE SALARY SCHEDULE
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 employee associations to foster improved
relations while balancing good management practices;
WHEREAS, the City previously entered into a Memorandum of Understanding
("MOU") with the Association of Newport Beach Ocean Lifeguards ("ANBOL") a
recognized organization, for the term of July 1, 2017 through June 30, 2021;
WHEREAS, representatives from the City and ANBOL met and conferred in good
faith and reached a tentative agreement on wages, benefits and other terms and
conditions of employment, which are memorialized in the Memorandum of Understanding
between the City and ANBOL ("Memorandum of Understanding") attached hereto as
Exhibit A and incorporated herein by this reference;
WHEREAS, ANBOL has ratified the Memorandum of Understanding;
WHEREAS, City of Newport Beach Charter Section 601 requires the City Council
to provide the number, titles, qualifications, powers, duties and compensation of all
officers and employees of the City;
WHEREAS, Newport Beach Municipal Code Section 2.28.010 provides, upon
recommendation of the City Manager, the City Council may establish by resolution the
salary range or rate for each position;
WHEREAS, by adopting this resolution, the City Council intends to amend the
salary schedule for ANBOL unit members so as to be in conformance with the
Memorandum of Understanding;
HE
Resolution No. 2022-
Page 2 of 3
WHEREAS, the City Manager has reviewed the changes to the salary schedule
for ANBOL unit members provided in this resolution and recommends approval;
WHEREAS, the City Council received and considered the MOU at its regular
meeting on August 23, 2022; and
WHEREAS, by adopting this resolution, the City Council also desires to replace
the 2017-2021 memorandum of understanding between the City and ANBOL by adopting
the Memorandum of Understanding attached hereto as Exhibit A to serve as the
successor agreement between the City and ANBOL for the period September 13, 2022
through June 30, 2025.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: Wages, hours, fringe benefits, and other terms and conditions of
employment for employees represented by ANBOL shall be provided in accordance with
the provisions of the Memorandum of Understanding attached hereto as Exhibit A, which
shall serve as the successor agreement between the City and ANBOL for the period
September 13, 2022 through June 30, 2025.
Section 2: The City's salary schedule shall be modified so as to be consistent
with this resolution. Any resolution, or part thereof, in conflict with this resolution shall be
of no effect.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 5: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
W1
Resolution No. 2022-
Page 3 of 3
Section 6: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 13th day of September 2022.
Kevin Muldoon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CI
ATTORNEY'S OFFICE E
.VLW-- C. ff .L#%�-
aron C. Harp
City Attorney
Exhibit A - Memorandum of Understanding
,ei
ATTACHMENT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND THE
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU")
is entered into with reference to the following:
PREAMBLE
1. The Association of Newport Beach Ocean Lifeguards ("ANBOL" or
"Association"), a recognized employee organization, and the City of Newport
Beach ("City"), a municipal corporation and charter city, have been meeting and
conferring, in good faith, with respect to wages, hours, fringe benefits and other
terms and conditions of employment.
2. This MOU represents the total and complete understanding and agreement
between the parties regarding all matters within the scope of representation.
Except as limited herein, the City retains all management rights as set forth in the
Meyers-Milias-Brawn Act and Resolution 2001-50,
SECTION 1. — General Provisions
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach,
the Meyers Milias Brown Act of the State of California and the provisions of the
Employer/Employee Relations Resolution No. 2001-50, the City acknowledges
that the Association is the majority representative for the purpose of meeting and
conferring regarding wages, hours and other terms and conditions of employment
for all employees in those classifications of Lifeguard I, II, and Ill, or as
appropriately modified in accordance with the Employer/Employee Relations
Resolution. All other classifications and positions are excluded from
representation by the Association.
Recognition is limited to employees who are considered
{"Active Employees"4 in a �.�� ^{ Lifeguard I, 11, an-d-or III position.
Active Employees have worked in such positions for the City of Newport Beach
during the most recent summer season (or the summer season the year
preceding the most recent season if they took an approved leave of absence and
missed the most recent year) and have worked 240 cumulative hours in the
classifications of Lifeguard I, II, a4A-or III by April 5July I of the calendar year.
An Active Employee is an individual who has completed the Fire Department's
re -certification class with the expectation of working the minimum hours required
under Section 3, Work Hours and Sfaffin section. All
other employees are excluded.
4-7
With the approval of the 2017-2021 MOU the parties agreed to eliminate the
Life_quard 111 position. Employees classified as Lifeguard III on orbefore June 30,
2017 will remain "grandfathered" in the classification. However, the parties agree
that since that classification has been phased out, no additional employees may
be assigned a-s-to a Lifeguard III position.
B. Duration of Memorandum
Except as specifically provided otherwise, any ordinance, resolution or
action of the City Council necessary to implement this MOU shall be
considered effective as of july 1, 017-September 13� This MOU
shall remain in full force and effect until June 30, 20212025, and the
provisions of this MOU shall continue after the expiration date of this MOU
in the event the parties are meeting and conferring on a successor MOU.
2. The terms and conditions of this MOU shall prevail over conflicting
provisions of the Newport Beach City Charter, the ordinances, resolutions
and policies of the City of Newport Beach, and federal and state statutes,
rules and regulations which either specifically provide that agreements
such as this prevail, confer rights which may be waived by any collective
bargaining agreement, or are, pursuant to decisional or statutory law,
superseded by the provisions of an agreement similar to this MOU.
C. Employee Data and Access
Each AJuly, the City shall provide Association a regular list of all bargaining
unit members including name, contact info (including e-mail) and job title. For
those members who specifically ask that their personal information not be given
out, email contact information only will be provided.
D. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed upon
by the parties.
E. Modifications
Any agreement, alteration, understanding, variation, or waiver or modification of
any of the terms or provisions of this MOU shall not be binding upon the parties,
unless contained in a written document executed by authorized representatives
of the parties.
F. Savings
Should any part of this MOU be rendered or declared illegal or invalid by
legislation, decree of court of competent jurisdiction or other established
2 ANBOL MOU 2n?zv 4 7-2021
2022-2025
M-1
governmental administrative tribunal, such invalidation shall not affect the
remaining portions of this MOU.
G. Subcontracting
As provided in the Employer -Employee Relations Resolution No. 2001-50, the
City shall determine the manner in which City services are to be provided,
including whether the City should provide services directly or contract out work,
including work that is currently being performed by Association members. In the
event the City introduces a plan to outsource services currently being performed
by Association members to achieve greater efficiency and/or cost savings, and
upon request by the Association, the City shall meet and confer with Association
representatives to discuss the impacts of the City's decision to contract outwork,
a minimum of sixty (60) days prior to contracting out such services. The City shall
retain sole authority to decide whether or not to contract out work, including work
that is currently being performed by Association members. This provision shall
not limit the City's authority to enter into such an agreement for any City services.
SECTION 2. - Compensation
A. i . Salary Adjustments
1. Effective in -the first day of the pay period following City Council appFOva-1
adoption of this MOU or the pay peFied whi^Gh inGludes july 1, 2-017
iechir hnv�r is la+or the City will do the following:
a. Eliminate Step 1 of Lifeguard II Salary Schedule; and
b. Add a new five percent (5%) top step (which will be called Step 4
because Step 1 is being eliminated) to the Lifeguard 11 salary schedule;
and
Mrta'ge the Lifeguard 11 and III salary 6Ghar 1-11eS se- that all Lifeguard III..
and r
Effective the first day of the pay period Wig -following City Council adoption
MY 1, 291,9of this MOU, there shall be a base salary increase of #yefhree
percent (23.0%) for all classifications in the baraainina unit. base salaFi
2.
3 AN$OL MOU?047�21
2022-2025
fj
C
Effective the first day of the pater period following July 1, 2023, there shall be
a base salary increase of twethree percent (23.0%) for all classifications in
/y g e - n no nd innl��rfiRg iUly 'I 201,0 bane
the bar alnin unrf�#estimth�� e�i �-o; U���
salaries fGF a ryes i�� hornoininn unit shall be innroacori by nno
PeFGent (1 0%)
3.
4. Effective the first day of the pay period Wig -following July 1, 20202024,
there shall be a base salnrios far omp!E)yees in this bargain inn iin.1 sh 3II ho
i nnreased by one peFGe Rt (1 .009 `salary increase of three 4*9-percent (23.0%)
for all classifications in the bargaininq unit.
Salary ranges for all 49QL—A NB OL-re presented classifications are
represented in Exhibit A.
2--Bil-Lingual Pay
Employees certified as bilingual (Spanish) shall receive seventy-five ($.75) cents
per hour in bilingual pay. The certification process will confirm that employees
are fluent at the street conversational level in speaking Spanish. Employees
certified shall receive bilingual pay the first full pay period following certification.
Additional languages may be certified for compensation pursuant to this section
by the Fire Chief.
For em to ees who are CalPERS members the parties agree that to the extent
permitted by law, the Bilingual Pay in this section is Special Assignment Pay and
shall be reported to Ca1PERS as such pursuant to Title 2 CCR Section 577 a 4
and Section 571.1(b)(3), Bilinqual Premium.
3—EMT Pay
Employees who maintain certification as Emergency Medical Technicians
("EMTs") according to State of California regulations and Orange County EMS
policy shall receive one dollar ($1.00) per hour worked in "EMT Pay." It is the
employee's responsibility to have his/her current EMT Certification on file.
Employees certified shall receive EMT Pay the first full pay period following
receipt of certification by the City from the employee.
EMT - Recertification Reimbursement: The City will reimburse employees up to
$200 per year -for the cost of recertifying their EMT Certification. Employees will
be reimbursed when they present their certification from the Orange County
Emergency Medical Services.
Employees eligible to receive EMT Pay or EMT Recertification Reimbursement
shall provide the City with a copy of the certificate. Employees are eligible for
this pay or reimbursement on the first day of the pay period following provision of
the certificate by the employee to the Human Resources Department.
4 ANBOL MOU 204-7-2024
2022-2025
4-10
4- For employees who are Ca1PERS members, the parties agree that to the
extent permitted by law, the EMT Pay in this section is Educational Pay and shall
be reported to CaIPERS as such pursuant to Title 2 CCR, Section 571 L (2) and
Section 571.1(b)(2) Emergency Medical Technician Pay.
4. Compensation for Overtime -
D_
Overtime shall be paid at time and one-half when employees actually work more
than 40 hours in their defined FLSA workweek which is a regularly recurring
period of 168 hours — 7 consecutive 24 hour periods.
Definition of Hours Worked - Hours worked are defined as hours which
employees are required to be performing their regular duties or other duties
assigned by the City. Paid leave does not count as hours worked for purposes
of calculating overtime.
E. 54. Assignment Pay for Lifeguard II and III Classifications
Employees in the classifications of Lifeguard II and IiI shall be eligible for 5.0%
Assignment Pay for those worked when actually performing the assigned duties
(minimum of one hour worked in the assignment to be eligible) of the assignments
identified below. Determination of the number and length of assignments shall be
at the discretion of the City.
Junior Guard Group Leader
Dispatcher
Boat Operator
For emplovees who are Ca1PERS members, the parties agree that to the extent
permitted by law, the Junior Guard Group Leader Pay in this section is Special
Assignment Pay when employees are routinely and consistently assigned to lead
or supervise other employees, subordinate classifications or agency -sponsored
program participants and shall be reported to, Ca1PERS as such pursuant to Title
2 CCR, Section_571(a)(4) and Section 571.1(b)(3) Lead Worker/Supervisor
Premium.
F. Temporary Upgrading of Employees
A bargaining unit employee in the classification of Lifeguard I who 1 has
completed their unit certification but (2) has not vet been interviewed for a
Lifeguard 11 position, shall be paid their regular rate plus 5% when assigned to
act in the capacity of a Lifeguard II position.
5 ANBOL MOU 2047 2021
2022-2025
4-11
SECTION 3. - Work Hours and Staffing
A. A --Staffing
Upon request, declared at the beginning of each season, represented
employees shall be scheduled for at least thirty-five (35) hours per week during
"A" level staffing, (from the first Saturday after Newport/Mesa School District ends
its regular session through Labor Day).
Represented employees will, during all staffing levels, be paid two (2)
hours of pay if their scheduled shift is canceled later than 4.00 p.m. the day before
the work is scheduled. The shift is considered canceled when the City provides
notice to the employee at the phone number designated by the employee. Once
reporting to work, employees will be afforded the opportunity to either work their
scheduled shift, or if work is not available (e.g., because of weather or surf
conditions), employees can choose to leave work without pay for remainder of
their shift.
B. R. Work Hours Standards
The City and Association have agreed to establish minimum hours standards for
members to retain active and reserve status. ANBOL employees members are
required to work a minimum of 100 hours per year to maintain status for the
following year.
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6 ANBOL MOU 2947 2021
2022-2025
4-12
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SECTION 4. — Fringe Benefits
A, A E ui ment Allotment
-Employees in the bargaining unit shall be paid Two Hundred ($200) Dollars,
annually, towards the purchase of UVA/UVB compliant sunglasses, sweat
pantssweatpants, full brimmed or ball cap style hat, equipment carrying bag,
waterproof watch and replacement and/or repair of any work -related equipment.
This payment will be made by the first full pay period in July of each season they
are working. Sunglasses must be full coverage, have polarized lenses, and be
worn whenever conditions warrant.
Employees not meeting the work hour standards described in Section 3, B above
will be ineligible to receive the Equipment Allotment the following season.
B. Sunscreen
Represented employees will be provided sunscreen and lip balm on an as -
needed basis.
C. Q.—Skin Cancer Screening
Annual skin cancer examinations shall be provided for bargaining unit employees
at a facility selected by the City. Employees who are screened off duty will be
paid one (1) hour of compensation.
D. Uniforms and Assigned Equipment
7 ANBOL MOU 2047024
2022-2025
4-13
One pair of uniform trunks and two uniform shirts, each season.
One jacket per career, replaced when unserviceable.
One pair swim fins, one mask and snorkel per career, replaced by City if lost or
broken in the execution of work duties.
Represented employees shall be provided a pair of binoculars in accordance with
the Fire De artment's Standard Operating Procedures. Binoculars must be kept
in good working order by the employee and must be brought to work for each
Lifeguard Operations shift, which will be confirmed by inspection by the Division
Supervisors. If the provided binoculars are lost or damaged. the employee shall
replace them with a pair meeting the City's specifications. Upon separation from
the Fire Department, employee shall return the binoculars to their supervisor
unless a pu.rchasing agreement is made at time of separation.
E. FParkina Passes
Represented employees who have recertified as Lifeguards will be provided
one parking pass that does the following:
Allows parking in the spaces marked with letter "A" and beach lots year
around.
Allows all parking in spaces May -15 to September 30
F. t�ldentification Card
Upon request, represented employees who desire an Identification (ID) Card
shall be provided with an official wallet -sized City of Newport Beach identification
card.
G. Other Benefits Not Guaranteed
Employees in the bargaining unit may, in the sole discretion of the City, be
provided additional benefits/privileges.
H. Retirement Benefit
1. Public Agency Retirement Services (PARS}
ANBOL Members are automatically enrolled in the PARS pension plan,
unless the employee is an active member of the Califomia Public Employees
Retirement System (CalPERSI or meets the requirements for CaIPERS
membership. The City will match the emplo, ee contribution, which is 3.75%
of base salary_ each pay period.
8 ANBOL MOU 204 7 2021
2022-2025
4-14
2_�.--Califbmia Public Employees' Retirement System (CaIPERS)
it is the employees' responsibility to notify the Human Resources Department
of outside employment. If the CitV is notified bV CaiPERS 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 g Govemment Code 20516
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 t#e
CaiPERSPublir. Employees' RetiFeme-.ni Systern (PERS) as Safety members,
consistent with the City's contract with Ca1PERS:
Tier I (Classic): Employees with continuous employment with the City of
Newport Beach and who became a CaIPERS safety member on or before
November 23,_ 2012, or as designated by CaIPERS. The formula for Tier 1
Safety members in ANBOL is 3% 50 and members shall contribute nine
percent (9%) of compensation eamable for the employee's full rate and 4.6%
in cost sharing of the employer's rate.
Tier Il (Classic): Employees who were hired by the City of Newport Beach as
a CaiPERS safety member between November 24, 2012 and December 31,
2012 or who became a CaIPERS safety member before December 31, 2012
with another PERS agency. The formula for Tier Il Safety members is 2%(@50
and members shall contribute nine percent (9%) of compensation eamable
for the employee's full rate and 4.6% in cost sharing of the employer's rate.
Employees in Tiers 1 and I! are considered "classic members" per the Pension
Reform Act of_2013 (PEPRA) and the Employer Paid Member Contribution
will be 0%. All employees° contributions will be made on a pre-tax basis
through payroll deduction pursuant to iRS Code Section 414(h)(2).
Tier ill PEPRA): Employees who became CaIPERS members on or after
Januaa 1, 2013 are placed in Tier III and are considered "new members" per
the Pension Reform Act of 2013 (PEPRA). The formula for PEPRA Safety
members is 2.7% 57. The minimum em to ee contribution for Tier Ill
members is subject to the provisions of PEPRA and equals 50% of the "total
normal cost" as determined by CaIPERS. in addition to the mandatory
employee contribution under PEPRA, employees will contribute an additional
percentage of ensionable compensation toward retirement costs as
permitted under Government Code §20516(0, so that each employee's total
contribution is 13.6% of Pensionable compensation.
ANBOL MOU 20� 2021
2022-2025
4-15
Should the mandatory contribution under PEPRA increase or decrease during
the term of this MOU_, the additional employee contribution under 20516Cn will
adjust accordingly so that the total contribution is equal to the amount
contributed by employees in Tiers J and Il which is currently 13. 6%. Provided
however, that the employee contribution shall never fall below the statutory
required contribution.
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1. d. Pug- ;vim-LeaveFlex Leave
The first full pay period following City Council adoption, anv hours oreviousl
accrued and remaininq in the member's AB1522 Sick Leave Bank will be
transferred into a new ANBOL Flex Leave bank. Flex Leave Orovides a more
flexible benefit for unit members who may choose to request and take approved
time off for reasons other than illness
Flex Leave may be taken with reasonable advance notice to the su ervisor.
When possible, employees are expected to provide their supervisor with at least
two weeks' notice or more when possible), apart from illness or other unforeseen
emergencies. Additionally, Flex Leave has cash value. Unit members will be paid
10 ANBOL MOU 204 7-2021
2022-2025
4-16
out at 100% of its value: 1) at the conclusion of each season (i.e. annually in
September), or 2 if appointed to a position which provides a more generous
benefit (e.q., full-time employment or part-time appointment to a position covered
bV the CitV of Newport Beach Life ward Management Association), ANBOL
members accrue. 034 hours for every hour worked; up to a maximum of 48 hours.
Once an employee reaches 48 hours. Flex Leave stops accruing
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SECTION 5. - Miscellaneous
A. A. —Disciplinary Actions
Represented employees are afforded the opportunity to seek internal resolution
of any disciplinary actions having a financial impact on the employee, i.e.,
reduction in pay, demotion, suspension or dismissal, but not written reprimands,
counseling memos or any other form of discipline which does not result in loss of
money.
Represented employees may appeal any such actions to the Fire Chief, or his/her
designee, within ten (10) calendar days of the disciplinary action. The Fire Chief
or designee will meet with the employee and a representative of his/her choosing
within ten (10) calendar days of the appeal. If the matter continues to be
unresolved, the employee may, within ten (10) calendar days, appeal to the City
Manager or the City Manager's designee. The City Manager or designee will
meet with the employee and their representative. Within ten (10) calendar days,
the City Manager or designee shall issue his/her decision. The decision of the
City Manager or designee shall be final.
This is the only City appeal procedure for the term of this agreement.
11 ANBOL MOU 2 7-202T
2022-2025
4-17
Orientation
Association representatives will be allowed ten minutes at the end of training
sessions to address newly hired trainees.
C. Work Access
ANBOL representatives shall have access to employees in the workplace through
an ANBOL dedicated bulletin board in lifeguard headquarters. ANBOL
representatives shall be allowed 10 minutes at the beginning of class to address
employees at every Lifeguard Recertification course.
D.Leave of Absence
Employees requesting a Leave of Absence for a summer season must do so by
submitting the request in writing, as provided in the Fire Department Standard
Operating Procedure. Leaves of absence will only be permitted once within a
five year period.
E.Safety Committee
One ANBOL representative selected by the Association shall participate as a
member of the Fire Department's Safety Committee, at the Association's option.
F, Labor Management Committee
The City and ANBOL will establish a committee consisting of representatives
from the Fire Department and, if needed, from the City Manager's Office or
Human Resources to meet with the ANBOL President over issues of concem to
the membership. ANBOL will provide a list of specific issues to begin the process
If needed meetings will occur quarterIZ.
The President will be released from duty for re -scheduled Labor Management
Committee meetings.
Signatures on the following page.
12 ANBOL MOU "'�-2024
2022-2025
MAI
Executed this I day of ALtyC S-� , 2-9-1-720225.
ASSOCIATION OF NE PORT CH OCEAN LIFEGUARDS
By:
f # a17 M dc! sident
CITY OF NEWPORT BEACH
Kevin Muldoon, Mayor
PeteF I grown Charles Sakai, Special Counsel
ATTEST:
Leilani Brown, City Clerk
13 ANBOL MOU'047 202T
2022-2025
4-19
Executed this day of , 201720225.
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
Dan Moody, President
CITY OF NEWPORT BEACH
Kevin Muldoon, Mayor
By:
Peter I gFownCharles Sakai, Special Counsel
ATTEST:
m
Leilani Brown, City Clerk
13 ANBOL MOU 2017� , --ter
2022-2025
4-20
Exhibit A
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
MOU Term: September 13, 2022 (tentatively) - June 30, 2025
3.0% Cost of Living Adjustment
Effective the Pay Period Following City Council Adoption: Tentatively September 24, 2022
Represented Positions
Grade
Step
Hourly Rate
Annual Salary
Lifeguard I
05B
1
$
19.06
$
39,644
2
$
20.02
$
41,633
3
$
21.02
$
43,731
4
$
22.08
$
45,917
Lifeguard li
25
1
$
23.18
$
48,211
2
$
24.33
$
50,615
3
$
25.55
$
53,151
4
$
26.83
$
55,808
Lifeguard ill
35
1
$
23.18
$
48,211
2
$
24.33
$
50,615
3
$
25.55
$
53,151
4
$
26.83
$
55,808
Please note:
1. The salary schedule for Lifeguard III mirrors Lifeguard II.
2. Step 1 of Lifeguard I1/III has been eliminated. A new 5% top step has been added.
Hourly pay rates are rounded to the nearest hundredth.
Annual salary is rounded to the nearest whole dollar.
4-21
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
MOU Term: September 13, 2022 (tentotively) -June 30, 2025
3.0% Cost of Living Adjustment
Effective: July 15, 2023
Represented Positions
Grade
Step
Hourly Rate
Annual Salary
Lifeguard 1
0513
1
$
19.63
$
40,834
2
$
20.62
$
42,882
3
$
21.66
$
45,043
4
$
22.74
$
47,294
Lifeguard II
25
1
$
23.87
$
49,658
2
$
25.06
$
52,134
3
$
26.32
$
54,745
4
$
27.64
$
57,482
Lifeguard III
35
1
$
23.87
$
49,658
2
$
25.06
$
52,134
3
$
26.32
$
54,745
4
$
27.64
$
57,482
Hourly pay rates are rounded to the nearest hundredth.
Annual salary is rounded to the nearest whole dollar.
4-22
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
MOU Term: September 13, 2022 (tentatively) - June 30, 2025
3.0% Cost of Living Adjustment
Effective: July 13, 2024
Represented Positions
Grade
Step
Hourly Rate
Annual Salary
Lifeguard I
05B
1
$
20.22
$
42,058
2
$
21.23
$
44,169
3
$
22.31
$
46,394
4
$
23.42
$
48,713
Lifeguard II
25
1
$
24.59
$
51,147
2
$
25.82
$
53,698
3
$
27.11
$
56,387
4
$
28.46
$
59,207
Lifeguard III
35
1
$
24.59
$
51,147
2
$
25.82
$
53,698
3
$
27.11
$
56,387
4
$
28.46
$
59,207
Hourly pay rates are rounded to the nearest hundredth.
Annual saiary is rounded to the nearest whole dollar.
4-23
Key Contract Terms
Cost of Living Adjustments
Other Proposals
Lifeguard II Salary Range
Summary of Proposal Cost 1
Baseline Compensation
Base Pay
Supplemental Pays
Overtime
Pension Contribution
Other City Paid Benefits
SubTotal
Other Proposals
Change to Lifeguard II Salary Range
SubTotal
Total
ATTACHMENT B
City of Newport Beach
ANBOL
Memorandum of Understanding
09.13.22 - 06.30.25
3.00% 3.00% 3.00%
Add one step and remove bottom step
$1,847,882
$40,511
$97,611
$156,423
$294,545
67,768
215
436
664
1,314
118,927
3,568
7,243
11,028
21,838
147,631
2,833
5,752
8,758
17,343
29,713
591
1,422
2,278
4,290
$2,211,922
$47,718
$112,463
$179,150
$339,331
32,899
47,306
50,439
130,644
-
32,899
47,306
50,439
130,644
$ 2,211,922
$ 80,617
$ 159,769
$ 229,589
$ 469,975
Cumulative Impact on Employee Compensation
Base Salary Increase 2.19% 5.28% 8.47%
Total Ongoing Compensation Increase 4 3.64% 7.22% 10.38%
Total Compensation Increase 4 3.64%
Notes
1 Costs shown in year two reflect the cumulative budget impact in each year as compared to the current budgeted amounts.
Z Includes Medicare, compensated absences, employee assistance program, phone allowances, life insurance, and retiree health savings.
3 Percentage shown in each year is as compared to current base salary, not the prior year.
4 Measured based on the total of all pay and benefits. Percentage shown in each year is as compared to current total compensation, not the prior year.
5Cost of Living Adjustment in Year 1, effective in the pay period following adoption.
4-24
a—Z
ATTACHMENT C
City of Newport Beach
u
BUDGET AMENDMENT
9�'Foa" 2022-23 BA#: 23-016
Department: Human Resources
ONETIME: ❑ Yes ❑� No
Requestor: Barbara Salvini
Approvals
❑ CITY MANAGER'S APPROVAL ONLY �I a2_
Finance Director: Date
El COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REQUEST:
To increase salary & benefit appropriations to fund the new MOU with the Association of Newport Beach Ocean ❑ from existing budget appropriations
Lifeguards (ANBOL). ❑ from additional estimated revenues
❑✓ from unappropriated fund balance
REVENUES
Fund #
Org
Object Project
Description
Increase or (Decrease) $
Subtotal! $
EXPENDITURES
Fund #
Org
Object Project
Description
Increase or (Decrease) $
010
01040405
711003
JUNIOR LIFEGUARDS - SALARIES PART TIME
9,492.12
010
01040405
712001
JUNIOR LIFEGUARDS - SPECIAL ASSIGNMENT PAY
50.32
010
01040405
723004
JUNIOR LIFEGUARDS - RETIREMENT PART TIME/TEMP
553.67
010
01040405
722002
JUNIOR LIFEGUARDS - PENSION EE NORMAL COST SAFETY
183.69
010
01040405
723003
JUNIOR LIFEGUARDS - PENSION ER NORMAL COST SAFETY
387.19
010
01040405
724002
JUNIOR LIFEGUARDS - PENSION EE CONTRIB SAFETY
(460.67)
010
01040405
727016
JUNIOR LIFEGUARDS - MEDICARE FRINGES
138.37
010
01040405
713002
JUNIOR LIFEGUARDS - OVERTIME SAFETY & 1/2 TIME
835.97
010
01040405
711003
JUNIOR LIFEGUARDS - SALARIES PART TIME
7,708.53
010
01040406
711003
LIFEGUARD OPERATIONS - SALARIES PART TIME
31,019.14
010
01040406
712001
LIFEGUARD OPERATIONS - SPECIAL ASSIGNMENT PAY
164.42
010
01040406
723004
LIFEGUARD OPERATIONS - RETIREMENT PART TIME/TEMP
1,809.31
010
01040406
722002
LIFEGUARD OPERATIONS - PENSION EE NORMAL COST SAFE]
600.28
010
01040406
723003
LIFEGUARD OPERATIONS - PENSION ER NORMAL COST SAFE-
1,265.30
010
01040406
724002
LIFEGUARD OPERATIONS - PENSION EE CONTRIB SAFETY
(1,505.43)
010
01040406
727016
LIFEGUARD OPERATIONS - MEDICARE FRINGES
452.16
010
01040406
713002
LIFEGUARD OPERATIONS - OVERTIME SAFETY & 1/2 TIME
2,731.84
010
01040406
711003
LIFEGUARD OPERATIONS - SALARIES PART TIME
25,190.58
Subtotal',
$ 80,616.78
FUND BALANCE
Fund #
Object
Description
Increase or (Decrease) $
010
300000
GENERAL FUND - FUND BALANCE CONTROL
(80,616.78)
Subtotal
$ (80,616.78)
Fund Balance Change Required
4-25