HomeMy WebLinkAbout05 - Adopting a MOU with the ANOBL and Associated Salary ScheduleQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
May 13, 2025
Agenda Item No. 5
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: Resolution No. 2025-21: Adopting a Memorandum of Understanding
with the Association of Newport Beach Ocean Lifeguards and
Associated Salary Schedule
ABSTRACT:
The Tentative Agreement (Agreement) regarding a Memorandum of Understanding
(MOU) between the City of Newport Beach and the Association of Newport Beach Ocean
Lifeguards (ANBOL or Association) was submitted at the City Council's Regular Meeting
on April 29, 2025, to provide the 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 (or rejection). This
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.
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;
b) Adopt Resolution No. 2025-21, 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. 25-061 appropriating $127,947.97 in increased
expenditures in various City division salary and benefits accounts from unappropriated
General Fund balance.
5-1
Resolution No. 2025-21: Adopting a Memorandum of Understanding with the
Association of Newport Beach Ocean Lifeguards and Associated Salary Schedule
May 13, 2025
Page 2
DISCUSSION:
The following discussion was provided, in part, with the April 29, 2025, staff report and is
included here for reference:
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 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:
• A term of approximately three years, expiring June 30, 2028.
• Wage adjustments to the hourly minimum rate for the ocean lifeguard I position are 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.
The City Council reviewed the Tentative Agreement and proposed MOU with ANBOL at
its April 29, 2025 meeting, 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 being presented (Attachment A) in accordance with Government Code
§3505.1. It should be noted that additional, non -substantive changes were made to the
MOU after the April 29, 2025, meeting. New language in the MOU is identified in italics.
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. If the Council approves
the MOU, City staff will work to implement the terms as soon as practicable.
5-2
Resolution No. 2025-21: Adopting a Memorandum of Understanding with the
Association of Newport Beach Ocean Lifeguards and Associated Salary Schedule
May 13, 2025
Page 3
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:
Fiscal Year
2024/25
Amount
$ 127,948
2025/26
639,740
2026/27
698,290
2027/28
756,834
A budget amendment is required to appropriate $127,947.97 from the General Fund
unappropriated surplus fund balance to implement the terms for the remainder of Fiscal
Year 2024-25. Adequate funding will be included in the annual budget 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.
� Eel I [el I' Eel
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 No. 2025-21, including Exhibit A, ANBOL MOU
Attachment B — Costing
Attachment C — Budget Amendment No. 25-061
5-3
ATTACHMENT A
RESOLUTION NO. 2025-21
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 September 13, 2022 through June 30, 20251
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
Attachment 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 (Establishment of
Classification and Salary Ranges) 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;
5-4
Resolution No. 2025 -
Page 2of3
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 April 29, 2025; and
WHEREAS, by adopting this resolution, the City Council also desires to replace
the 2022-2025 memorandum of understanding between the City and ANBOL by adopting
the Memorandum of Understanding attached hereto as Attachment A to serve as the
successor agreement between the City and ANBOL for the period May 1, 2025 through
June 30, 2028.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby approves, and authorizes the Mayor to
execute the Memorandum of Understanding attached hereto as Attachment A. The
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, which shall serve as the successor agreement
between the City and ANBOL for the period May 1, 2025 through June 30, 2028.
Section 2: The City's salary schedule shall be modified so as to be consistent
with this resolution, the Memorandum of Understanding, and Exhibit A to the
Memorandum of Understanding. 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.
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Resolution No. 2025 -
Page 3 of 3
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, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
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 May 2025.
Joe Stapleton
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'SQFFICI
A on . Harp `
City Attorney
Attachment A - Memorandum of Understanding
5-6
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
;► ED
THE ASSOCIATION OF NEWPORT
BEACH OCEAN LIFEGUARDS
May 9, 2025 through June 30, 2028
5-7
Table of Contents
PREAMBLE.............................................................................................................. 3
SECTION 1. GENERAL PROVISIONS.................................................................... 3
RECOGNITION.............................................................................................................. 3
DURATION OF MEMORANDUM...........................................................................................
4
EMPLOYEE DATA AND ACCESS..........................................................................I..............
4
CONCLUSIVENESS.........................................................................................................
4
MODIFICATIONS............................................................................................ ...
4
SAVINGS....................................................................................................................
4
SUBCONTRACTING........................................................................................................
5
SECTION 2. COMPENSATION..............................................................................
5
SALARYADJUSTMENTS..................................................................................................
5
BILINGUALPAY............................................................................................................
55
EMTPAY...................................................................................................................
6
COMPENSATION FOR OVERTIME.......................................................................................
6
ASSIGNMENT PAY FOR LIFEGUARD II AND ILL CLASSIFICATIONS.................................................
6
TEMPORARY UPGRADING OF EMPLOYEES............................................................................
7
SECTION 3. WORK HOURS AND STAFFING ....................................................
7
STAFFING...................................................................................................................
7
WORKHOURS STANDARDS............................................................................................
7
SECTION 4. FRINGE BENEFITS........................................................................... 8
EQUIPMENT ALLOTMENT .................................................................................................
8
SUNSCREEN................................................................................................................
8
SKIN CANCER SCREENING............................................................................................... 8
UNIFORMS AND ASSIGNED EQUIPMENT............................................................................... 8
PARKINGPASSES......................................................................................................... 8
IDENTIFICATION CARD....................................................................................................
9
OTHER BENEFITS NOT GUARANTEED................................................................................
9
RETIREMENT BENEFIT.................................................................................................... 9
DEATH BENEFITS........................................................................................................
11
SECTION 5. LEAVE..............................................................................................
11
FLEXLEAVE..............................................................................................................
11
FAMILY AND MEDICAL LEAVE.........................................................................................
11
REPRODUCTIVE LOSS LEAVE.........................................................................................
12
RELEASETIME...........................................................................................................
12
SECTION 5. MISCELLANEOUS...........................................................................12
DISCIPLINARY ACTIONS................................................................................................
12
ORIENTATION............................................................................................................
12
WORKACCESS..........................................................................................................
12
LEAVE OF ABSENCE....................................................................................................
13
SAFETYCOMMITTEE....................................................................................................
13
LABOR MANAGEMENT COMMITTEE..................................................................................
13
5-8
Page 13
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
_mila
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 1, 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 1, 11, or III position. An "Active Employee"
is defined as an employee who has worked in a Lifeguard I, H, or 111 position 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 1, 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 considered inactive
ANBOL MOU 2025-2028
5-9
Page 14
and will no longer be covered under this MOU unless reinstated after meeting 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, 2025. This MOU shall remain in full force and effect
until June 30, 2028, 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, 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
Should any part of this MOU be rendered or declared illegal or invalid by legislation,
ANBOL MOU 2025-2028
5-10
Page 15
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 May 3, 2025, the city will increase the minimum hourly rate for Ocean
Lifeguard 1 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 1 to $26.00/hr.
4. When the minimum hourly rates for Ocean Lifeguard l 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, 11,
& I//) to maintain intervals between steps and classes.
Salary ranges for all ANBOL-represented classifications are represented in
Exhibit A.
B. Bilinqual Pay
Employees certified as bilingual (Spanish) shall receive seventy-five cents ($0.75) 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.
ANBOL MOU 2025-2028
5-11
Page 16
The Fire Chief may authorize additional languages for certification and compensation.
For employees 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 CalPERS as such pursuant to Title 2 CCR, Section 571(a)(4) and
Section 571.1(b)(3), Bilingual Premium.
C. EMT Pay
Effective May 3, 2025, 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 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 CalPERS 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 CalPERS 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 more than 40 hours in their defined FLSA workweek,
which is a regularly recurring period of 168 hours - 7 consecutive 24-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
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
ANBOL MOU 2025-2028
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Page 17
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 CalPERS 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 CalPERS as such pursuant to Title 2 CCR, Section
571(a)(4) and Section 571.1(b)(3) Lead Worker/Supervisor Premium.
F. Temporary Upgradinq 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.
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.
ANBOL MOU 2025-2028
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SECTION 4. FRINGE BENEFITS
A. Equipment Allotment
Active employees in the bargaining unit shall be paid Three Hundred ($300) 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.
B. Sunscreen
Represented employees will be provided sunscreen and lip balm on an as- needed
basis.
C. 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
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
time of separation.
E. 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
ANBOL MOU 2025-2028
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F. 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.
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 California Public Employees Retirement
System (CaIPERS) or meets the requirements for CaIPERS membership. The
City will match the employee contribution, which is 3.75% of base salary each
pay period.
2. California Public Employees' Retirement System (CaIPERS)
It is the employees' responsibility to notify the Human Resources Department of
outside employment. If the City is notified by 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 PIERS 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:
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.
ANBOL MOU 2025-2028
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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
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
ANBOL MOU 2025-2028
5-16
Page 111
total normal cost. Tier III safety employees small 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.
I. DEATH BENEFITS
In the case of a work -related death, the City will pay the employee's designated
beneficiary $10,000 consistent with California Labor Code Section 4701.
SECTION 5. LEAVE
A. Flex Leave
Flex Leave is a paid time off benefit for unit members, that includes sick leave, but
may be used for 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
.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 flex 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
ANBOL MOU 2025-2028
5-17
Page 112
(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 five (5) unpaid days for each reproductive loss event. Multiple
reproductive loss events are covered, up to a maximum of twenty (20) days of
reproductive loss leave within a twelve-month) period.
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
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
ANBOL MOU 2025-2028
5-18
Page 113
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 on 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.
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 2025-2028
5-19
For the Association:
A%19 t.
h,.b-,h V-[AW I.,:0 '59 P01'i
Elizabeth Silver
Chief Negotiator
Date: 30/04/2025
Executed this
ANBOL MOU 2025-2028
day of
For the City:
Jonathan V. Holtzman
Chief Negotiator
Date: 30/04/2025
2025.
Page 114
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
Dan Moody, President
CITY OF NEWPORT BEACH
Joe Stapleton, Mayor
5-20
Exhibit A
Association of Newport Beach Ocean Lifeguards
MOU Term: May 1, 2025 - June 30, 2028
Effective May 3, 2025
Salary Adjustment
Lifeguard I P/T
05B
1
$
25.00
$
4,333
$
52,000
Lifeguard I P/T
05B
2
$
26.25
$
4,550
$
54,600
Lifeguard I P/T
05B
3
$
27.59
$
4,782
$
57,379
Lifeguard I P/T
05B
4
$
28.96
$
5,020
$
60,237
Lifeguard I P/T
05B
5
$
30.41
$
5,271
$
63,248
Lifeguard 11 P/T
25
1
$
30.41
$
5,271
$
63,248
Lifeguard 11 P/T
25
2
$
31.93
$
5,534
$
66,411
Lifeguard 11 P/T
25
3
$
33.52
$
5,811
$
69,731
Lifeguard 11 P/T
25
4
$
35.19
$
6,100
$
73,204
Lifeguard II P/T
25
5
$
36.96
$
6,407
$
76,879
Lifeguard III P/T
35
1
$
30.41
$
5,271
$
63,248
Lifeguard III P/T
35
2
$
31.93
$
5,534
$
66,411
Lifeguard III P/T
35
3
$
33.52
$
5,811
$
69,731
Lifeguard III P/T
35
4
$
35.19
$
6,100
$
73,204
Lifeguard III P/T
35
5
$
36.96
$
6,407
$
76,879
The salary schedule for Lifeguard III mirrors Lifeguard II.
Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar.
Actual rates may vary slightly due to rounding.
5-21
Exhibit A
Association of Newport Beach Ocean Lifeguards
MOU Term: May 1, 2025 - June 30, 2028
Effective July 11, 2026:
Salary Adjustment
Lifeguard I P/T
05B
1
$
25.50
$
4,420
$
53,040
Lifeguard I P/T
05B
2
$
26.78
$
4,641
$
55,692
Lifeguard I P/T
05B
3
$
28.14
$
4,877
$
58,527
Lifeguard I P/T
05B
4
$
29.54
$
5,120
$
61,441
Lifeguard I P/T
05B
5
$
31.02
$
5,376
$
64,514
Lifeguard 11 P/T
25
1
$
31.02
$
5,376
$
64,514
Lifeguard 11 P/T
25
2
$
32.57
$
5,645
$
67,739
Lifeguard II P/T
25
3
$
34.20
$
5,927
$
71,126
Lifeguard II P/T
25
4
$
35.90
$
6,222
$
74,668
Lifeguard II P/T
25
5
$
37.70
$
6,535
$
78,417
Lifeguard III P/T
35
1
$
31.02
$
5,376
$
64,514
Lifeguard III P/T
35
2
$
32.57
$
5,645
$
67,739
Lifeguard III P/T
35
3
$
34.20
$
5,927
$
71,126
Lifeguard III P/T
35
4
$
35.90
$
6,222
$
74,668
Lifeguard III P/T
35
5
$
37.70
$
6,535
$
78,417
The salary schedule for Lifeguard III mirrors Lifeguard II.
Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar.
Actual rates may vary slightly due to rounding.
5-22
Exhibit A
Association of Newport Beach Ocean Lifeguards
MOU Term: May 1, 2025 - June 30, 2028
Effective July 10, 2027:
Salary Adjustment
Lifeguard I P/T
05B
1
$
26.00
$
4,507
$
54,080
Lifeguard I P/T
05B
2
$
27.30
$
4,732
$
56,784
Lifeguard I P/T
05B
3
$
28.69
$
4,973
$
59,674
Lifeguard I P/T
05B
4
$
30.12
$
5,220
$
62,646
Lifeguard I P/T
05B
5
$
31.62
$
5,482
$
65,778
Lifeguard 11 P/T
25
1
$
31.62
$
5,482
$
65,778
Lifeguard 11 P/T
25
2
$
33.21
$
5,756
$
69,067
Lifeguard 11 P/T
25
3
$
34.87
$
6,043
$
72,521
Lifeguard 11 P/T
25
4
$
36.60
$
6,344
$
76,132
Lifeguard II P/T
25
5
$
38.44
$
6,663
$
79,954
Lifeguard III P/T
35
1
$
31.62
$
5,482
$
65,778
Lifeguard III P/T
35
2
$
33.21
$
5,756
$
69,067
Lifeguard III P/T
35
3
$
34.87
$
6,043
$
72,521
Lifeguard III P/T
35
4
$
36.60
$
6,344
$
76,132
Lifeguard III P/T
35
5
$
38.44
$
6,663
$
79,954
The salary schedule for Lifeguard III mirrors Lifeguard II.
Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar.
Actual rates may vary slightly due to rounding.
5-23
ATTACHMENT B
COSTING
5-24
City of Newport Beach
ANBOL MOU
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.
5-25
ATTACHMENT C
BUDGET AMENDMENT NO. 25-061
5-26
a ��wPORr
City of Newport Beach
r BUDGET AMENDMENT
C'44rFonz, 2024-25 BA#: 25-061
Department: Human Resources
ONETIME: ❑ Yes [,]No
Requestor: Barbara Salvini
Approvals
❑ CITY MANAGER'S APPROVAL ONLY
Finance Director: � .+f'���'� Date 4/16/25
0 COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REQUEST:
To increase expenditure appropriations to fund the agreement with The Association of Newport Beach Ocean Lifeguards ❑ from existing budget appropriations
(ANBOL) for the remainder of FY 2024-25. ❑ 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
01040406
711003
LIFEGUARD OPERATIONS - SALARIES PARTTIME
80,558.47
010
01040405
711003
JUNIOR LIFEGUARDS - SALARIES PARTTIME
13,114.17
010
01040406
712005
LIFEGUARD OPERATIONS - EMT PAY
5,598.82
010
01040405
712005
JUNIOR LIFEGUARDS - EMT PAY
911.44
010
01040406
727009
LIFEGUARD OPERATIONS - ANBOL EQUIP ALLOWANCE
9,004.20
010
01040405
727009
JUNIOR LIFEGUARDS - ANBOL EQUIP ALLOWANCE
1,465.80
010
01040406
712001
LIFEGUARD OPERATIONS - SPECIAL ASSIGNMENT PAY
328.16
010
01040405
712001
JUNIOR LIFEGUARDS - SPECIAL ASSIGNMENT PAY
53.42
010
01040406
723004
LIFEGUARD OPERATIONS - RETIREMENT PART TIME/TEMP
2,030.00
010
01040405
723004
JUNIOR LIFEGUARDS - RETIREMENT PART TIME/TEMP
330.47
010
01040406
722002
LIFEGUARD OPERATIONS - PENSION EE NORMAL COST SAFEI
958.81
010
01040405
722002
JUNIOR LIFEGUARDS - PENSION EE NORMAL COST SAFETY
156.08
010
01040406
723003
LIFEGUARD OPERATIONS - PENSION ER NORMAL COST SAFEI
2,593.89
010
01040405
723003
JUNIOR LIFEGUARDS - PENSION ER NORMAL COST SAFETY
422.26
010
01040406
724002
LIFEGUARD OPERATIONS - PENSION EE CONTRIB SAFETY
(1,264.77)
010
01040405
724002
JUNIOR LIFEGUARDS - PENSION EE CONTRIB SAFETY
(205.89)
010
01040406
727016
LIFEGUARD OPERATIONS - MEDICARE FRINGES
1,510.99
010
01040405
727016
JUNIOR LIFEGUARDS - MEDICARE FRINGES
245.98
010
01040406
713001
LIFEGUARD OPERATIONS - OVERTIME MISC & 1/2 TIME
8,716.68
010
01040405
713001
JUNIOR LIFEGUARDS - OVERTIME MISC & 1/2 TIME
1,418.99
Subtotal) $ 127,947.97
FUND
BALANCE
Fund #
Object
Description
Increase or (Decrease) $
010
300000
GENERAL FUND
- FUND BALANCE CONTROL
(127,947.97)
Subtotal
$ (127,947.97)
Fund Balance Change Required
5-26