HomeMy WebLinkAbout14 - Tentative Agreement with the Association of Newport Beach Ocean Lifeguards (ANBOL)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
April 29, 2025
Agenda Item No. 14
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 - 949-644-3259,
bsalvini@newportbeachca.gov
TITLE: Tentative Agreement with the Association of Newport Beach Ocean
Lifeguards (ANBOL)
ABSTRACT:
The Memorandum of Understanding (MOU) between the City of Newport Beach and the
Association of Newport Beach Ocean Lifeguards (ANBOL) expires on June 30, 2025. In
January, City and ANBOL representatives began meeting and conferring in good faith
regarding wages, benefits and other terms and conditions of employment. A
Tentative Agreement on the terms of a successor MOU has been reached. In furtherance
of the City Council's goal to provide transparency in the negotiations process, the
Tentative Agreement and its associated cost are being presented for public review and
comment. The final MOU, which spans the time period May 1, 2025 through
June 30, 2028 will be presented for the City Council's consideration at its May 13, 2025
regular meeting.
RECOMMENDATIONS:
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;
and
b) Receive and consider the Tentative Agreement between the City of Newport Beach
and the Association of Newport Beach Ocean Lifeguards.
DISCUSSION:
The 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 regular school
year concludes 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.
14-1
Tentative Agreement with the Association of Newport Beach Ocean Lifeguards
(ANBOL)
April 29, 2025
Page 2
City and ANBOL representatives met several times to discuss the terms of a successor
MOU. Topics discussed during negotiations included wage adjustments, equipment
allowance, leaves, certification pay, and other non -economic matters. Clarifying language
to existing provisions was added where necessary.
Salient provisions of the Tentative Agreement between the City and ANBOL include:
• Term of approximately three years, expiring June 30, 2028.
Wage adjustments to the hourly minimum rate for the Ocean Lifeguard I position as
follows:
■ Effective May 3, 2025 - $25.00
■ First full pay period following July 1, 2026 — $25.50
■ First full pay period following July 1, 2027 — $26.00
o The hourly rates for the other steps and classifications (Ocean Lifeguards, I, II and
III) will be increased by the amounts necessary to maintain the current salary
differentials between the Ocean Lifeguard steps and classifications.
• 5% Emergency Medical Technician (EMT) pay.
• Increase to the annual Equipment Allotment from $200.00 to $300.00.
Flex Leave language adjusted to allow employees the option of rolling over a
maximum of 16 accrued flex leave hours each season in lieu of cashing them out.
A draft version of the Tentative Agreement between the City and ANBOL is included as
Attachment A with changes from the current agreement in redline. Costing information is
included as Attachment B. The total cost of the contract is approximately $2.2 million and
depends in part on weather conditions and salary step placement of deployed staff.
ANBOL has informed the City that its members have voted to approve the Agreement.
Following City Council review of the Tentative Agreement and proposed MOU with
ANBOL, a final version of the successor MOU will be presented at the May 13, 2025,
regular City Council meeting. The costing information and proposed revisions to the MOU
will be posted for public review on the City's website.
The Agreement will not become effective, per Government Code §3505.1, until the
governing body, i.e., the City Council, takes action to adopt it. If the City Council approves
adoption of the Tentative Agreement with ANBOL at the May 13, 2025 Council meeting,
City staff will work to implement the provisions as soon as practicable.
FISCAL IMPACT:
Detailed cost information is provided in Attachment B. Since the MOU covers the period
from May 3, 2025, through June 30, 2028, it will result in the following annual fiscal
impacts to implement the terms of the agreement, totaling $2,222,812:
14-2
Tentative Agreement with the Association of Newport Beach Ocean Lifeguards
(ANBOL)
April 29, 2025
Page 3
Fiscal Year
2024/25
Amount
$ 127,948
2025/26
639,740
2026/27
698,290
2027/28
756,834
Sufficient projected unassigned General Fund balance reserves are available to support
the required appropriations. Following the City Council's consideration of the Tentative
Agreement, staff will return with a budget amendment in the amount of $127,948 to
appropriate the funds needed to cover the cost of the contract for the current fiscal year.
Adequate funding will be included in the annual budgets for subsequent years.
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 — Tentative Agreement and proposed MOU between the City and
ANBOL (Redline)
Attachment B — Estimated Cost of Contract with ANBOL
14-3
ATTACHMENT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE ASSOCIATION OF NEWPORT
BEACH OCEAN LIFEGUARDS
r� wPQo
May 1, 2025S-epten4bar-1�� through June
30, 2028-5
14-4
Page 12
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-Brown 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, 11, and III, 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" in a
Lifeguard I, 1144, or 111444 position. An "Active Employee"
e is defined as an employee who has have -worked in a Lifeguard 1, 11, or 111 position soh
POSitiORs-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, 11, or III by July 1 of the calendar year. An Active
Employee is an individual who has completed the Fire Department's recertification class
with the expectation of working the minimum hours required under Section 3, Work
Hours and Staffing section. Employees who have not met this threshold will be
ANBOL MOU 20252-20285
14-5
Page 13
considered inactive and will no longer be covered under this MOU unless reinstated after
meetinq the work -hour requirement. All other employees are excluded.
With the approval of the 2017-2021 MOU, the parties agreed to eliminate the
Lifeguard III position. Employees classified as Lifeguard III on or before 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 to a Lifeguard III position.
B. Duration of Memorandum
1. 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 May 1, 2025Qeptengber 13, 202=. This MOU shall remain in
full force and effect until June 30, 20285, 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 July, the City shall provide the Association a regular list of all bargaining unit
members including name, contact information (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
ANBOL MOU 20252-20285
14-6
Page 14
Should any part of this MOU be rendered or declared illegal or invalid by legislation,
decree of court of competent jurisdiction or other established 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 out work, 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. Salary Adjustments
1. Effective the first day of h-May 3, 2025, the city will
GeuRr it enn of �c IVIO , ��� I Gity ill de�f-11--inn:increase the
�r v�ry
minimum hourly rate for Ocean Lifeguard I to $25.00/hr.
2. Effective the first full pay period after July 1, 2026, the city will increase the
minimum hourly rate for Ocean Lifeguard I to $25.50/hr.
3. Effective the first full pay period after July 1, 2027, the city will increase the
minimum hourly rate for Ocean Lifeguard l to $26.00/hr.
4-.4. When the minimum hourly rates for Ocean Lifeguard 1 are increased as
described above, the City will increase the hourly rates for all the other steps
and classifications in the Ocean Lifeguard series (i.e., Ocean Lifeguard 1, Il,
& ll1) to maintain intervals between steps and classes.bv an ^n.,:,,aent
per -Gent
Salary ranges for all ANBOL-represented classifications are represented in
Exhibit A.
ANBOL MOU 20252-20285
14-7
Page 15
Employees certified as bilingual (Spanish) shall receive seventy-five cents ($0.75) Eels
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.
The Fire Chief may authorize additional languages for certification and
compensation.
con+inn by the Fire Chief.
For employees who are Cal/PERS 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 Cal/PERS as such pursuant to Title 2 CCR, Section 571(a)(4) and
Section 571.1(b)(3), Bilingual Premium.
C. EMT Pay
Employees who maintain certification as Emergency Medical Technicians ("EMTs")
according to State of California regulations and Orange County EMS policy shall be paid
a premium equal to 5% of the employee's base hourly pay for each.---. . - ene dear
($1.0 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 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.
For employees who are Cal/PERS 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 Cal/PERS as such pursuant to Title 2 CCR, Section 571(a)(2) and Section 571.1(b)(2)
Emergency Medical Technician Pay.
D. Compensation for Overtime
Overtime shall be paid at time ,and one-half of the employee's regular hourly rate of pay
when employees actually "work dutiesor more than 40 hours in their defined
FLSA workweek, which is a regularly recurring period of 168 hours - 7 consecutive
24 heur24-hour periods, or as otherwise required by applicable state and federal law.
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
ANBOL MOU 20252-20285
14-8
Page 16
leave does not count as hours worked for purposes of calculating overtime.
E. 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 employees who are Cal/PERS 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 Cal/PERS 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 yet been interviewed for a Lifeguard II position,
shall be paid their regular rate plus 5% when assigned to act in the capacity of a
Lifeguard II position.
SECTION 3. WORK HOURS AND STAFFING
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.
ANBOL MOU 20252-20285
14-9
Page 17
B. Work Hours Standards
The City and Association have agreed to establish minimum hours standards for
members to retain active and reserve status. ANBOL members are required to work a
minimum of 100 hours per year to maintain status for the following year.
SECTION 4. FRINGE BENEFITS
C. Equipment Allotment
Active €employees in the bargaining unit shall be paid ThreeTwe Hundred ($3200)
Dollars, annually, towards the purchase of UVA/UVB compliant sunglasses, sweatpants,
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.
D. Sunscreen
Represented employees will be provided sunscreen and lip balm on an as- needed
basis.
E. 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.
F. Uniforms and Assigned Equipment
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 Department'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 purchasing agreement is made at
ANBOL MOU 20252-20285
14-10
Page 18
time of separation.
G. Parking 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
H. Identification 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.
I. Other Benefits Not Guaranteed
Employees in the bargaining unit may, in the sole discretion of the City, be provided
additional benefits/privileges.
J. Retirement Benefit
2-. A. Public Agency Retirement Services (PARS)
ANBOL Members are automatically enrolled in the PARS pension plan, unless
the employee is an active member of the California Public Employees Retirement
System (Cal/PERS) or meets the requirements for Cal/PERS membership. The
City will match the employee contribution, which is 3.75% of base salary each
pay period.
3.B. 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 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 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
CaIPERS as Safety members, consistent with the City's contract with CaIPERS:
ANBOL MOU 20252-20285
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Page 19
Tier I: For employees hired by the City as safety members on or before November
23, 2012, the retirement formula shall be 3% @ 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% @ 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% @ 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(f), 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 2025. Accordingly,
effective the pay period that includes January 1, 2026, 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
ANBOL MOU 20252-20286
14-12
Page 110
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 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 2025. Accordingly, effective the pay period that includes
January 1, 2026, 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.
K. DEATH BENEFITS
In the case of a work -related death, the citywill ill pay the employee's designated
beneficiary $10,000 consistent with California Labor Code Section 4701.
SECTION 5. LEAVE
K,A. Flex Leave
aGGFUed and remaining in the member's AB! 522 SiGk Leave Bank will be transferred
;nte cw ANBOL Flex Leave a k. Flex Leave provides a mereis a #lex4ble-paid
time off benefit for unit members, that includes sick leave, but may be used for-w#e
nay ch^^so to request and approved time off for reasons other than illness.
Flex Leave may be taken with reasonable advance notice to the supervisor. 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. Except as provided below, Unit
members will be paid 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.g., full-time employment or part-time appointment to a position covered by the
City of Newport Beach Lifeguard Management Association). ANBOL members accrue
ANBOL MOU 20252-20285
14-13
Page Ill
.034 hours for every hour worked, up to a maximum of 48 hours. Once an employee
reaches 48 hours, Flex Leave stops accruing.
Prior to the conclusion of each season (the Labor Day weekend), employees who plan
to return the following year may elect to carry over a maximum of 16 accrued fled leave
hours in lieu of cashing out those hours. Such employees must submit their elections to
Payroll by September 1. In the absence of a signed authorization, all flex leave hours will
be automatically cashed out.
B. Family And Medical Leave
The City recognizes the employees' rights under the California Family Rights Act
(CFRA), the Family and Medical Leave Act (FMLA), and other applicable leave laws to
take job -protected leave for qualifying medical reasons or to care for a family member.
Employees may request such leave in accordance with the City's policies and applicable
state and federal law, and the City will comply with all statutory requirements regarding
family and medical leave.
C. Reproductive Loss Leave
Employees are entitled to up to five (5) days of paid leave following a reproductive loss
event. Employees are not required to take their leave days consecutively. Leave must
be completed within three (3) months of the reproductive loss.
D. Release Time
ANBOL members are eligible for release time consistent with California Government
Code & 3505.3.
SECTION 5. MISCELLANEOUS
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
ANBOL MOU 20252-20285
14-14
Page 112
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.
B. 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. Employees who do not satisfy the reserve lifeguard 100 hour requirement
will be placed onin leave of absence for the season. 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 concern to the
membership, including but not limited to, staffing. ANBOL will provide a list of specific
issues to begin the process. If needed, meetings will occur quarterly.
The President Up to two (2) ANBOL representatives and/or members will be
released from duty for pre -scheduled Labor Management Committee meetings.
Signatures on the following page.
ANBOL MOU 20252-20285
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Page 113
For the Association:
Elizabeth Silva-
Eli,bdh saver (Apr 22, 1p15 LD:ID Pop
Elizabeth Silver
Chief Negotiator
Date: 04/22/2025
For the City:
I. AD =P, I-W%PDT,
Jonathan V. Holtzman
Chief Negotiator
Date: 04/22/2025
ANBOL MOU 20252-20285
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UTF-8UTF-82025-2028-ANBOL MOU With Sid
e_Letters_Incorporated- Final Redline - 04.22.25
945am
Final Audit Report 2025-04-22
Created: 2025-04-22
By: Luke Jensen (Ijensen@publiclawgroup.com)
Status: Signed
Transaction ID: CBJCHBCAABAA2Jq-diAuOY2uMngt9llypWpQLQRboE7F
"UTF-8UTF-82025-2028-ANBOL MOU With Side Letters Incor
porated- Final Redline - 04.22.25 945am" History
Q Document created by Luke Jensen (Ijensen@publiclawgroup.com)
2025-04-22 - 4:53:05 PM GMT
C Document emailed to Elizabeth Silver (esilver@rlslawyers.com) for signature
2025-04-22 - 4:53:09 PM GMT
C'k Document emailed to Jonathan V. Holtzman (JHOLTZMAN@PUBLICLAWGROUP.COM) for signature
2025-04-22 - 4:53:10 PM GMT
5 Email viewed by Elizabeth Silver (esilver@rlslawyers.com)
2025-04-22 - 5:05:39 PM GMT
Email viewed by Jonathan V. Holtzman (JHOLTZMAN@PUBLICLAWGROUP.COM)
2025-04-22 - 5:05:53 PM GMT
6a Document e-signed by Jonathan V. Holtzman (JHOLTZMAN@PUBLICLAWGROUP.COM)
Signature Date: 2025-04-22 - 5:06:13 PM GMT - Time Source: server
CSo Document e-signed by Elizabeth Silver (esilver@rlslawyers.com)
Signature Date: 2025-04-22 - 5:10:23 PM GMT - Time Source: server
0 Agreement completed.
2025-04-22 - 5:10:23 PM GMT
Q Adobe Acrobat Sign
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ATTACHMENT B
Estimated Cost of Contract with ANBOL
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City of Newport Beach
ANBOL MOU
April 29, 2025
Key Contract Terms
7/1/25 Minimum step - $25/hour
Adjustments to Minimum Step $20.22/hour 7/1/26 Minimum step - $25.50/hour
7/1/27 Minimum step - $26/hour
Equipment Allotment $200/year $300/year
Death Related Benefits N/A $10,000 Death Benefit
EMT Pay $1/hour 5% of Base Salary
Summary of Proposal Cost 1
Baseline Compensation
Base Pay
$2,097,377
$468,363
$517,364
$566,360
Supplemental Pays
11,541
1,908
2,108
2,307
Overtime
226,943
50,678
55,980
61,282
Pension Contribution
112,419
25,104
27,731
30,357
Other City Paid Benefits z
34,838
8,785
9,584
10,383
SubTotal
$2,483,118
$554,839
$612,767
$670,689
Other Proposals
Equipment Allotment
34,900
52,350
52,350
52,350
EMT Pay
17,264
32,551
33,173
33,795
SubTotal
52,164
84,901
85,523
86,145
Total $
2,535,282 $
639,740 $
698,290 $
756,834
Cumulative Impact on Employee Compensation
Base Salary Increase 3
22.33%
24.67%
27.00%
Total Compensation Increase 4
25.23%
27.54%
29.85%
Notes
1 Costs shown in years two and three reflect the cumulative budget impact in each year as compared to the current budgeted amounts.
2 Includes Medicare and Cancer Screening.
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.
5The costs shown reflect additional annual expenses in their corresponding fiscal years. Since the contract will take effect on May 3, 2025, the
additional expense for FY 2024-25 is $127,948.
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