HomeMy WebLinkAbout2016-14 - Adopting a Memorandum of Understanding between the City of Newport Beach and the Newport Beach Fire Management AssociationRESOLUTION NO. 2016-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ADOPTING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT
BEACH FIRE MANAGEMENT ASSOCIATION
WHEREAS, the City Council of the City of Newport Beach previously adopted
Resolution No. 2001-50, the "Employer -Employee Relations Resolution," pursuant to
the authority contained in the Meyers-Milias-Brown Act, Government Code §3500; and
WHEREAS, the City of Newport Beach supports effective communication and
collaborative working relationships with its employee associations to promote improved
relations while balancing good management practices; and
WHEREAS, the City of Newport Beach previously entered into a Memorandum
of Understanding with the Newport Beach Fire Management Association for the period
of January 1, 2012, through June 30, 2014; and '
WHEREAS, representatives from the City of Newport Beach and representatives
from the Newport Beach Fire Management Association have met and conferred in good
faith and reached a Tentative Agreement on wages, benefits, and other terms and
conditions of employment for the period July 1, 2014 through June 30, 2018; and
WHEREAS, the City Council of the City of Newport Beach promotes
transparency in the labor negotiations process and the terms and estimated costs of the
Tentative Agreement with the Newport Beach Fire Management Association were
provided for public review and comment on January 12, 2016; and
WHEREAS, the City Council of the City of Newport Beach desires to replace the
Memorandum of Understanding between the City of Newport Beach and the Newport
Beach Fire Management Association by adopting a successor Memorandum of
Understanding for the period of July 1, 2014, through June 30, 2018.
NOW, THEREFORE, the City Council of the City of Newport Beach hereby
resolves as follows:
Section 1: The recitals provided above are true and correct and are
incorporated into the operative part of this resolution.
Section 2: Wages, hours, fringe benefits and other terms and conditions of
employment of employees represented by the Newport Beach Fire Management
Association shall be provided in accordance with the provisions of the attached
Memorandum of Understanding (Exhibit A).
Section 3: The term of the Memorandum of Understanding shall be for 42
months, commencing retroactively to July 1, 2014, and remaining in full force and effect
through June 30, 2018.
Resolution No. 2016-14
Page 2 of 2
Section 4: The City's Salary Schedule shall be modified so as to be consistent
with this Resolution.
Section 5: 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, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared invalid or
unconstitutional.
Section 6: 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.
Section 7: 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 26th day of January, 2016.
ATTES:T-)L Nwv—
Leilani
I. Brown
City Clerk
Dian B. Dixon
Mayor
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is
entered into with reference to the following:
1. The Newport Beach Fire Management Association ("NBFMA" 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. NBFMA representatives and City representatives have reached a tentative
agreement as to wages, hours and other terms and conditions of
employment for the period from July 1, 2014 through June 30, 2018 and
this tentative agreement has been embodied in this MOU.
3. The City acknowledges and appreciates the cooperation of NBFMA during
the meet and confer process leading to the adoption of this 2014-2018
MOU.
4. This MOU, upon approval by NBFMA and the Newport Beach City
Council, represents the total and complete understanding and agreement
between the parties regarding all matters within the scope of
representation.
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's/Employee Labor Relations Resolution No. 2001-50, the City
acknowledges that NBFMA 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 specified in Exhibit "A"
or as appropriately modified in accordance with the Employer/Employee
Resolution. All other classifications and positions not specifically included within
Exhibit "A" are excluded from representation by NBFMA.
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 July 1, 2014. This MOU shall remain in full
force and effect through June 30, 2018, and the provisions of this MOU
shall continue after the date of expiration 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 any 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 such as, or similar to, this
MOU.
C. Scope
1. All present written rules and currently established practices and employee
rights, privileges and benefits that are within the scope of representation
shall remain in full force and effect during the term of this MOU unless
specifically amended by the provisions of this MOU, or in the case of the
Department SOP's falling within the scope of representation, the City has
given notice to the Association and, upon request, met and conferred on
any proposed changes which fall within the scope of representation.
The parties agree to meet and confer changes to department SOP, rule,
or regulation if such proposed change materially impacts any matter within
the scope of representation.
2. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non-exclusive managerial rights, powers, functions and
authorities ("Management Rights") as set forth in Resolution No. 2001-50 .
D. Bulletin Boards
1. Space shall be provided on bulletin boards within the Fire Department at
their present location for the posting of notices and bulletins relating to
NBFMA business, meetings, or events. All materials posted on bulletins
boards shall indicate the name of the organization responsible. Material
posted shall not contain personal attacks on any City official or employee,
any material which constitutes harassment, discrimination or retaliation on
the basis of race, gender, ethnicity, religion, age, sexual orientation, or
2 NBFMA MOU 2014 - 2018
other statutorily or constitutionally impermissible basis, as well as any
pornographic or obscene material.
2. Material posted and messages sent through electronic mail (E -Mail) shall
not contain personal attacks on any City official or employee, any material
which constitutes harassment, discrimination or retaliation on the basis of
race, gender, ethnicity, religion, age, sexual orientation, or other
statutorily or constitutionally impermissible basis, as well as any
pornographic or obscene material. E -Mail may be used for Association
business on a limited basis and consistent with Department Policy.
E. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed upon
by the parties. Therefore, for the life of this MOU, neither party shall be
compelled to meet and confer concerning any issue within the scope of
representation except as expressly provided herein or by mutual agreement of
the parties. No representative of either party has the authority to make, and
none of the parties shall be bound by, any statement, representation or
agreement reached prior to the execution of this MOU and not set forth herein.
F. 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.
G. 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
governmental administrative tribunal, such invalidation shall not affect the
remaining portions of this MOU provided, however, should the provisions of this
MOU relating to salary increases, fringe benefits, or the compensation policy be
declared invalid the City shall provide alternative forms of compensation such
that NBFMA members suffer no financial detriment by virtue of the decision or
ruling with the manner and form of the compensation to be determined by the
parties after meeting and conferring in good faith.
H. Impasse
In the event of an impasse (the failure to agree on a new MOU after the express
term of the existing MOU has expired), the parties may agree on mediation
pursuant to the procedure outlined in Section 16 of Resolution No. 2001-50 or a
3 NBFMA MOU 2014 - 2018
successor resolution. Upon request by the Association the parties will engage in
non-binding fact finding pursuant to State law.
Definitions
For the purposes of this MOU these terms shall have the following meanings:
1. The term "member" or "NBFMA member" shall mean all persons within
classifications represented by NBFMA.
2. The term "staff employee" shall mean any NBFMA member who is
assigned to work a 40 hour workweek.
3. The term 'line employee" shall mean any NBFMA member assigned to
work an average 56 hour workweek in 24 hour shift increments.
4. The term "Municipal Fire Departments in Orange County" or "Municipal
Fire Departments" shall mean all City operated Fire Departments and the
Orange County Fire Authority.
SECTION 2. -COMPENSATION
A. Salary
1. Guaranteed Salary
The salary for the position of Fire Battalion Chief shall maintain at least a
9.5% salary differential between the top step of Fire Captain and the
bottom step of the Fire Battalion Chief. Adjustments to the salary of
Battalion Chief shall be reflected in corresponding adjustments to other
positions represented by NBFMA necessary to maintain the salary
differentials listed in Exhibit A.
2. Salary Adjustments — this MOU Period
Base salary increases for all NBFMA represented classifications shall be
as follows and as specified in Exhibit A:
Effective the payroll period that includes July 1, 2015, there shall be a
base salary increase of 2.75%.
Effective the payroll period that includes January 1, 2016, there shall be a
base salary increase of 2.75%.
Effective the payroll period that includes January 1, 2017, there shall be a
base salary increase of 2.75%.
4 NBFMA MOU 2014 - 2018
Effective the payroll period that includes January 1, 2018, there shall be a
base salary increase of 2.75%.
B. Overtime - Hours Worked
The City and Association agree that all unit classifications are properly
exempted from the provisions of the Fair Labor Standards Act. However,
NBFMA members may be required to work additional floor shifts in excess of
their regular work schedule. Effective July 1, 2016, off-duty employees in the
Battalion Chief classification who are assigned by the Fire Chief or designee
to additional fire suppression work shift for an emergency assignment, or to
replace another Battalion Chief who is on an approved leave, will receive
overtime pay equal to one -and -one-half times' the employees base rate of
pay.
Use of Flex Leave, Comp Time, or other paid leaves are not considered hours
worked for the purpose of determining overtime eligibility. Regular staff
meetings or other assignments will not be eligible for overtime at the 1% rate
and shifts exchanges between two Battalion Chiefs do not qualify for overtime
compensation.
2. Strike Team Actions. In the event that a Unit employee is assigned to provide
fire suppression services as part of a regional, state, or federal strike team
organized by State or Federal officials and when all of the below Conditions
exist, that Unit employee shall be paid at the time and one-half (T'/2) 56 -hour
rate. The Conditions are:
• The Unit employee is working overtime hours;
• The Strike Team is operating outside of the city limits;
• The Unit employee is on duty on the Strike Team for more than eight
(8) hours;
• A disaster declaration has been approved by the State or Federal
government for the fire suppression action; and
• The costs for these overtime hours are specifically authorized for
reimbursement by the state or federal government.
Compensatory Time. In lieu of overtime members may elect to accrue
compensatory time off. Staff personnel may accrue a maximum of 120 hours.
Line personnel may accrue a maximum of 196 hours. Personnel must use all
accrued compensatory time by time of retirement. The provisions for accrual
and use of compensatory time shall be provided in Fire Department Standard
Operating Procedure.
4. All other overtime not specified above will be at the straight time rate.
5 NBFMA MOU 2014 - 2018
C. Reguired Uniform
City shall pay the entire cost of providing .NBFMA member with each component
of the required NBFD uniform. The required NBFD uniform includes shoes,
badges and insignias, uniform pants, uniform shirts, uniform jackets and liner,
belts, sweatshirt, and turnout safety clothing. City shall not be responsible for
providing employee with socks, underwear, cap or workout shoes, or other
clothing.
As permissible by law, the City shall report as pensionable compensation the
value of provided uniforms at $9,519 annually in accordance with PERS
requirements. The parties agree the reported value of uniforms is intended to
reflect clothing such as pants, shirts, jackets, and related attire and excludes
health and safety related equipment, including safety boots and turnout gear.
D. Scholastic/Certificate Achievement Pav
NBFMA members are entitled to additional compensation contingent upon
scholastic/certificate achievement ("Scholastic/Certificate Achievement Pay").
NBFMA members may apply for increases pursuant to this Section when eligible
and scholastic/certificate achievement pay shall be included in the member's
paycheck for the pay period immediately after approval by the Fire Chief. It is the
responsibility of the NBFMA member to apply for Scholastic/Certificate
Achievement Pay. Approval of the member's application shall not be
unreasonably withheld or delayed, and the member shall not be entitled to
receive scholastic/certificate achievement pay prior to the date the application is
approved even though the member may have been eligible prior to approval.
Scholastic/Certificate achievement pay is contingent upon years of service and
number of units and/or degrees received by the employee.
NBFMA member shall receive scholastic achievement pay for degrees awarded
by accredited community colleges, state colleges, or universities in accordance
with the following:
1. Scholastic Achievement
Decree Scholastic Pay %
AA/AS 3.5%
BA/BS 5.5%
2. Certificate Pay
Coursework
Compensation
Certified Chief Fire Officer 3.0%
NBFMA MOU 2014 - 2018
Strike Team Leader * $100 per month
* Effective July 1, 2016
Bilingual Pav
Employees certified as bilingual (Spanish) shall be eligible to receive One
Hundred Fifty ($150.00) Dollars per month in bilingual pay. The certification
process will confirm that employees are fluent at the street conversational level in
speaking, reading and writing 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.
F. Court Standby Pay
NBFMA members who, pursuant to Subpoena compelling attendance to testify to
acts, observations, or omissions occurring in the course and scope of
employment or at the direction of their supervisor, are required, while off-duty, to
remain within a certain response time from court, shall be considered to be on
"court standby time" and shall receive four hours of pay for each eight hours of
court standby time. NBFMA members shall, when required to appear in court
pursuant to a Subpoena or the direction of their supervisor to testify at to matters
relating to their employment with the City, be considered to be on duty and shall
be paid accordingly., Members shall remit all witness fees received for testifying
or appearing on any matter for which the member is eligible to receive court
standby time.
G. Compaction Adiustment
Effective July 1, 2017, the Battalion Chief salary range will be adjusted by 3.0%
to address compaction between Fire Captain and Battalion Chief.
SECTION 3. - LEAVES
A. Flex Leave
NBFMA members shall accrue flex leave as follows. It is mutually understood
that accrual rates have been modified to provide for the longevity increase set
forth below:
Years of Accrual
Con't. Svc Hours/Pay Period
Line Employees
Longevity
Accrual Pay
Hours/Pay Period Increase
Staff Employees
NBFMA MOU 2014 - 2018
Less than 5
9.77
6.97
0.00%
5 but less than 9
10.69
7.63
0.00%
9 but less than 12
11.62
8.33
0.00%
12 but less than 16
12.54
8.95
0.00%
16 but less than 20
12.54
8.95
1.5%
20 but less than 25
12.54
8.95
2.5%
25 and over
12.54
8.95
3.5%
2. The Flex leave program shall be administered as follows:
NBFMA members shall not accrue flex leave until continuously
employed by the Newport Beach Fire Department for a period of
three (3) months provided, however, if a member on the flex leave
program becomes sick during the first three months of employment,
the City will advance up to three (3) months of accrual for line
employees for use by the member to recover from illness.
In the event the City advances paid leave time and the employee is
terminated or resigns before completing three months of continuous
employment, the member's final check shall be reduced by an
amount equal to the number of flex leave hours advanced
multiplied by the member's hourly rate of pay.
b. NBFMA members shall accrue three (3) months of flex leave
immediately upon completing three (3) months continuous
employment with the Newport Beach Fire Department, provided
however, this amount shall be reduced by any flex leave time
advanced during the first three months of employment.
C. Members may accrue flex leave up to a maximum of fifty-two (52)
times the member's bi-weekly accrual rate. Earned flex leave in
excess of the maximum permitted will be paid bi-weekly at the
member's hourly rate of pay ("Spillover Pay"). NBFMA members
may, at any time, elect to receive pay (at the member's normal
hourly rate) for all accrued flex leave in excess of 72 hours for a line
employees and 40 hours for staff employees. However, NBFMA
members may not elect to buy down accrued Flex Leave below the
current threshold for payment (52 times the member's bi-weekly
accrual rate) unless, during the twelve months preceding the
election, the member has taken at least ninety-six (96) hours of
paid leave if a line employee and eighty (80) hours of paid leave if a
staff employee.
Employees, who have accrued in excess of fifty-two (52) times the
member's bi-weekly accrual, shall accrue no additional time, unless
through use of the time or any authorized cash payment, the
NBFMA MOU 2014 - 2018
accrued hours decrease to less than fifty-two (52) times the bi-
weekly accrual rate. In no case shall the accrual again exceed fifty-
two (52) times the bi-weekly accrual rate.
All requests for scheduled flex leave shall be submitted to
appropriate department personnel. In no event shall a member
take or request flex leave in excess of the amount accrued.
e. Members shall be paid for all accrued flex leave at their then
current hourly rate of pay upon termination of the employment
relationship.
f. Concurrent with the July 1, 2017, 3% compaction salary range
adjustment as stated in Section 2, G, the Longevity Pay incentive
program in Section 3, A, 1 will be eliminated for all members.
B. Telestaff Selection System
The City commits to maintain Telestaff subject to budgetary constraints outlined
in this Section. The City shall, for each fiscal year during the term of this MOU,
adopt a budget which provides for the payment of overtime specifically for the
purpose of implementing Telestaff. The amount to be budgeted shall be
calculated by computing the Vacation/Flex leave time (leave) normally accrued
by each member during a fiscal year (total annual leave) multiplying total annual
leave, by that member's overtime rate of pay (value of leave) and then adding the
value of leave for each NBFMA member. Each member's overtime rate of pay
shall be calculated on the basis of the member's highest anticipated rate of pay
during the upcoming fiscal year. The total "value of leave" for all members shall
be identified in the budget as the "LEAVE COVERAGE FUND."
C. Holiday Time
1. Accrual
The provisions of this subsection shall apply to all NBFMA members on a
pro -rata basis. NBFMA members who are line employees shall accrue
holiday time at the rate of 5.54 hours per pay period. NBFMA who are
staff employees shall accrue holiday time at the rate of 3.96 hours per pay
period.
All employees including Staff Employees shall receive their holiday time in
pay (PERSable). Holiday pay shall be paid bi-weekly with the regular
check.
Staff Employees
9 NBFMA MOU 2014 - 2018
Staff Employees may be required to take specified City holidays off, in the
sole discretion of the Fire Chief. Time will be charged against the
employee's flex leave bank.
D. Bereavement Leave
Bereavement leave shall be defined as "the necessary absence from duty by an
employee having a regular or probationary appointment because of a death or
terminal illness in his/her immediate family." Staff employees shall be entitled to
five (5) working days of Bereavement Leave per event while Line Employees
shall be entitled to ninety (90) hours of Bereavement Leave per event (terminal
illness followed by death is considered one event). Leave hours need not be
used consecutively, but should occur in proximate time to the occurrence.
Bereavement leave shall be administered in accordance with the provisions of
the Employee Policy Manual. For the purpose of this section immediate family
shall mean an employee's father, stepfather, mother, stepmother, brother, sister,
wife, husband, child, stepchild, or grandparent, and the employee's
spouse/domestic partner's mother, father, brother, sister, child or grandparent.
The provisions of this Section shall not diminish or reduce any rights a member
may have pursuant to applicable provisions of State or Federal law. An employee
requesting bereavement leave shall notify his/her supervisor as soon as possible
of the need to take leave.
E. Jury Duty
NBFMA members who are assigned to line positions and are called to jury duty
shall be excused for each 24 hour shift during which the member is required to
attend court and sit on a jury or await assignment.
F. Family Sick Leave
Unit employees shall be entitled to use one-half (1/2) of their annual leave
accrual for an illness of a dependent which requires the presence of the
employee. Leave shall be administered in accordance with the provisions of the
Employee Policy Manual. The provisions of this Section shall not be construed
to affect or reduce the right of any employee to any unpaid family medical leave
authorized by State or Federal law.
G. Worker's Compensation Leave
Any Safety NBFMA employee who has been incapacitated by reason of any
injury or illness which has been determined to have arisen out of or in the course
of his or her employment shall receive compensation in accordance with the
provisions of Section 4850 et. seq. of the Labor Code of the State of California.
H. Reassignment
10 NBFMA MOU 2014 - 2018
In the event a line employee is reassigned to a staff position, or a staff employee
is reassigned to a line position, the City shall automatically convert the Flex
Leave, Bereavement Leave and other benefits from the position previously held
to the newly assigned position provided. The ratio for conversion of staff
employee benefits to line employee benefit shall be 7/5 and the ratio for
converting line employee benefits to staff employee benefits shall be 5/7.
SECTION 4. -FRINGE BENEFITS
A. Medical Insurance
1. Benefits Information Committee
City has established a Benefits Information Committee (BIC) composed of
one representative from each employee association group and up to three
City representatives. The Benefits Information Committee has been
established to allow the City to present data regarding carrier and coverage
options, the, cost of those options, appropriate coverage levels and other
health programs. The purpose of the BIC is to provide each employee group
with information about health insurance/programs and to receive timely input
from associations regarding preferred coverage options and levels of
coverage.
2. City Contribution
The City has implemented an IRS qualified Cafeteria Plan. In addition to the
amounts listed below, the City shall contribute the minimum CalPERS
participating employer's contribution towards medical insurance. Employees
shall have the option of allocating Cafeteria Plan contributions towards the
City's existing medical, dental and vision insurance/programs. The City and
NBFMA will cooperate in pursuing additional optional benefits to be available
through the Cafeteria Plan.
Any unused Cafeteria Plan funds shall be payable to the employee as
taxable cash back. Employees shall be allowed to change coverages in
accordance with plan rules and during regular open enrollment periods.
The.parties recognize that from July 1, 2014 through December 31, 2015,
the City has contributed $1,274 per month {plus the PERS minimum
contribution) toward the Cafeteria Plan.
Effective the pay issue that includes:
January 1, 2016, the City's contribution towards the Cafeteria Plan will
increase by .$150.00 to $1,424.00 per month (plus the minimum Ca/PERS
participating employer's contribution).
11 NBFMA MOU 2014-2018
January 1, 2017, the City's contribution towards the Cafeteria Plan will
increase by $200.00, to $1,624.00 (plus the minimum Ca/PERS participating
employee's contribution).
On or before July 1, 2017, at the request of either party, the parties shall
meet and confer in good faith to discuss possible changes to the medical
benefit program, or other elements of healthcare services as a result of the
Affordable Care Act (ACA) or changes in law, provided, however, that any
changes to the MOU only may occur by mutual agreement of the parties.
Unit members who do not enroll in any health care plan offered by the City
must provide evidence of health care insurance coverage and execute an
opt out agreement releasing the City from any- responsibility or liability to
provide health care insurance coverage, on an annual basis.
Current employees electing to opt -out of City provided medical coverage will
be eligible to receive a maximum Cafeteria Allowance of $1,149 per month.
Effective the first pay issue in January 2016, or as soon thereafter is
practicable following MOU adoption, the opt -out Cafeteria Allowance will be
$1,000 per month.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of the
City's health plan offerings as agreed upon by the Benefits Information
Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part of the
City's health plan offerings as agreed upon -by the Benefits Information
Committee.
B. Additional Health Insurance/Programs
1. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee to
reduce taxable income for payment of allowable expenses such as child
care and medical expenses. The City shall maintain a "reimbursable
account program" in accordance with the provisions of Section 125 of the
Internal Revenue Code, pursuant to which :an Association member may
request that medical, child care and other eligible expenses be paid or
reimbursed by the City out of the employee's account. The base salary of
12 NBFMA MOU 2014 - 2018
the employee will be reduced by the amount designated by the employee
for reimbursable expenses.
2. Disability Insurance
The City shall provide Short-term (STD) and Long-term (LTD) disability
insurance to all regular full time employees with the following provisions:
Weekly Benefit 66.67% gross weekly wages
Maximum Benefit $10,000/month
Minimum Benefit $15 (STD) and $100 (LTD)
Waiting Period 30 Calendar Days (STD)
180 Calendar Days (LTD)
Employees shall not be required to exhaust accrued paid leaves prior to
receiving benefits under the disability insurance program. Employees may
not supplement the disability benefit with paid leave once the waiting
period has been exhausted.
Concurrent with the commencement of this program, employees assumed
responsibility for the payment of the disability insurance cost in the amount
of one (1.0%) percent of base salary. Simultaneously, the City increased
base wages by one (1.0%) percent.
3. Life Insurance
The City shall provide life insurance for all regular full-time employees in
$1,000 increments equal to one times the employee's annual salary up to
a maximum of $50,000. At age 70 the City -paid life insurance is reduced
by 50% of the pre -70 amount. This amount remains in effect until the
employee retires from City employment.
4. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a
properly licensed provider. Association members and their family
members may access the EAP subject to provider guidelines.
C. Retirement Benefits
1. Retirement Formula
13 NBFMA MOU 2014 - 2018
The City contracts with the California Public Employees Retirement
System ("CalPERS" or "PERS) to provide retirement benefits for its
employees. Pursuant to prior agreements and state mandated reform, the
City has implemented first, second and third tier retirement benefits as
follows.
Tier t ("Legacy"): Employees hired by the City on or before November 23,
2012, the retirement formula shall be 3%@50, calculated on the basis of
the highest consecutive 12 month period selected by the employee.
Tier 11 ("Classic"): Employees first hired by the City between November 24
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(1), the
retirement formula shall be 2%@50, calculated on the basis of the highest
consecutive 36 month period selected by the employee.
Tier 111 ("PEPRA"): Employees first hired by the City on or after January 1,
2013, who are new members, the retirement formula shall be 2.7%@57
calculated on the basis of the highest consecutive 36 month period
selected by the employee.
2. Employee Contributions
Unit members shall contribute amounts toward the PERS retirement
benefit, to the extent permissible by law, as set forth below. Should any
such provision be deemed invalid, the City and Association agree to meet
for the purpose of renegotiating employee retirement contributions or other
equivalent economic adjustments.
Employee retirement contributions that are in addition to the normal PERS
Member Contribution shall be made in accordance with Government Code
§20516(1) and calculated on base pay, special pays, and other pays
normally reported as pensionable compensation, and will be made on a
pre-tax basis through payroll deduction, to the extent allowable by the
Internal Revenue Code.
Tiers I and 11:
Effective July 1, 2015, Tier I and II members shall contribute the full
statutory member contribution, equal to 9% of pensionable compensation,
plus an additional .75% of pensionable compensation of the Employer
rate, for a total contribution of 9.75%.
Effective January 1, 2016, Tier I and Il members shall contribute the full
statutory member contribution, equal to 9% of pensionable compensation,
14 NBFMA MOU 2014 - 2018
plus an additional 1.5% of pensionable compensation of the Employer
rate, for a total contribution of 10.5%.
Effective January 1, 2017, Tier I and 11 members shall contribute the full
statutory member contribution, equal to 9% of pensionable compensation,
plus an additional 2.25% of pensionable compensation of the Employer
rate, for a total contribution of 11.25%.
Effective January 1, 2018, Tier 1 and 11 members shall contribute the full
statutory member contribution, equal to 9% of pensionable compensation,
plus an additional 3.0% of pensionable compensation of the Employer
rate, for a total contribution of 12.0%.
Tier I//.-
The
ll:
The normal member contribution rate for Tier 1l1 members is 50% of the
total normal cost and is calculated annually for possible adjustments, as
provided in the PERS valuations. For FY15-16 and FY16-17, the member
contribution is 11.25% and 10.5% of pensionable compensation,
respectively.
Effective the pay period that includes January 1, 2017, Tier Ill members
will contribute the full statutory member contribution equal to 10.5% of
pensionable compensation, plus an additional .75% of pensionable
compensation of the Employer rate for a total contribution of 11.25% of
pensionable compensation.
Effective the pay period that includes January 1, 2018, Tier 111 members
will contribute the full statutory member contribution, plus an additional
percentage of pensionable compensation of the Employer rate to achieve
a total contribution of 12.0%.
3. The City's contract with PERS shall also provide for:
a. The military buy-back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant
to Section 20042.
b. The Level 4 1959 Survivors Benefits.
c. The pre -retirement option settlement 2 death benefit
(Section 21548).
4. To the extent allowed by PERS, the IRS and other applicable regulatory
agencies and laws, unit members who shall be enrolled in the 2% @ 50
retirement 1 formula or 2.7% @ 57 formula, shall be eligible to participate in
15 NBFMA MOU 2014 - 2018
a defined .contribution plan to be administered by the City or Its designee
in accord with said regulatory agency regulations and laws. The defined
contribution plan shall be funded by allowing each affected employee to
contribute a percentage of base salary each payroll period. The City shall
match any such employee contributions up to a maximum of 1.5% of base
salary. The employee only contributions shall be deemed fully vested at
the time of its deposit. The employer only matching contribution shall vest
upon a PERS retirement being implemented as follows: 100% - age 55+;
80% - age 54; 60% - age 53, 40% - age 52; 20% - age 51.
D. Retiree Medical Benefit
1. Background
In 2005, the City and all Employee Associations agreed to replace the
previous "defined benefit' retiree medical program with a new "defined
contribution" program. The process of fully converting to the new program
will be ongoing for an extended period. During the transition, employees and
(then) existing retirees have been administratively classified into one of four
categories. The benefit is structured differently for each of the categories.
The categories are as follows:
a. Category 1 - Employees newly hired after January 1, 2005.
Category 2 - Active employees hired prior to January 1, 2006, whose
age plus years of service as of January 1, 2005 was less than 50 (46
for public safety employees).
c. Category 3 - Active employees hired prior to'January 1, 2006, whose
age plus years of service was 50 or greater (46 for public safety
employees) as of January 1, 2005.
d. Category 4 - Employees who had already retired from the City prior to
January 1, 2006, and were participating in the previous retiree
medical program.
2. Program Structure
This is an Integral Part. Trust (IPT) Retiree Health Savings Plan CRHS',
formerly the MERP plan):
a. For employees in Category 1, the program is structured as follows:
Each employee will have an individual RHS account for bookkeeping
purposes, called his or her "Employee Account." This account will
16 NBFMA MOU 2014 - 2018
accumulate contributions to be used for health care expense after
separation. All contributions to the plan are either mandatory employee
contributions or City paid employer contributions, so they are not taxable to
employees at the time of deposit. Earnings from investment of funds in the
account are not taxable when posted to the account. Benefit payments are
not taxable when withdrawn, because the plan requires that all distributions
be spent for specified health care purposes.
Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1 % of Salary.
Part B contributions (employer contributions): $2.50 per month for each
year of service plus year of age (updated every January 1s` based on status
as of December 31St of the prior year).
Part C contributions (leave settlement as determined by Association):
The Association will determine the level of contribution for all employees it
represents, subject to the following constraints. All employees within the
Association must participate at the same level, except that Safety members
and Non -safety members within an Association may have different levels.
The participation level should be specified as a percentage of the leave
balance on hand in each employee's leave bank at the time of separation
from the City.
For example, if the Association wishes to specify 50% of the leave balance
as the participation level, then each member leaving the City, or cashing out
leave at any other time, would have the cash equivalent of 50% of the
amount that is cashed out added to the RHS, on a pre-tax basis. The
remaining 50% would be paid in cash as taxable income. Individual
employees would not have the option to deviate from this breakout.
The Association has decided to participate in Part C contributions at the
level of zero percent (0%) Flex. This amount may be changed, on a go
forward basis, as part of a future meet and confer process. However, the
participation level must be the same for all employees within the Association
except that Safety members and Non -safety members within an Association
may have different levels. Additionally, the purpose and focus of these
changes should be toward long-term, trend. type adjustments. Due to IRS
restrictions regarding "constructive receipt," the City will impose restrictions
against frequent spikes or drops that appear to be tailored toward satisfying
the desires of a group of imminent retirees.
Spillover pay and Compensatory Time are not eligible for Part C
contributions.
17 NBFMA MOU 2014 - 2018
Nothing in this section restricts taking leave for time off purposes.
Sick leave balances may also be included in the RHS Part C contributions,
but only to the extent and within all the numeric parameters specified in the
Employee Policy Manual. Section 11.21 of the Manual contains a schedule,
which specifies the amount of sick leave that can be "cashed out," based on
time of service. The manual also caps the number of hours that can be
"cashed out" at 800, and specifies that sick leave hours are "cashed out" on
a 2 for 1 basis (800 hours of sick leave are converted to 400 hours for cash
purposes). Sick leave participation is a separate item from vacation/flex
leave participation, and thresholds must be separately identified by the
Association.
Part A contributions may be included in PERS compensation. Part B and
Part C contributions will not be included in PERS compensation.
Part A contributions begin upon enrollment in the program and are credited
to each RHS Employee Account each pay period. Eligibility for Part B
contributions is set at five years of vested City employment. At that time,
the City will credit the first five years' worth of Part B contributions into the
Employee Account (interest does not accrue during that period). Thereafter,
contributions are made bi-weekly. Part C deposits, if any, will be made at
the time of employment separation.
Each Employee has a right to reimbursement of medical expenses (as
defined below) from the Plan until the Employee Account balance is zero.
This right is triggered upon separation. If an employee leaves the City prior
to five years employment, only the Part A contributions and Part C leave
settlement contributions, if any, will be in the RHS Employee Account. Such
an employee will not be entitled to any Part B contributions. The exception
to this is a full-time employee, participating in the program, who leaves the
City due to industrial disability during the first five years of employment. In
such cases, the employee will receive exactly five years' worth of Part B
contributions, using the employee's age and compensation at the time of
separation for calculation purposes. This amount will be deposited into the
employee's RHS account at the time of separation.
Distributions from RHS Employee Accounts are restricted to use for health
insurance and medical care expenses after separation, as defined by the
Internal Revenue Code Section 213(d) (as explained in IRS Publication
502), and specified in the Plan Document. In accordance with current IRS
regulations and practices, this generally includes premiums for medical
insurance, dental insurance, vision insurance, supplemental medical
insurance, long term care insurance, and miscellaneous medical expenses
not covered by insurance for the employee and his or her spouse and legal
18 NBFMA MOU 2014 - 2018
dependents — again only as permitted by IRS Publication 502. Qualification
for dependency status will be determined by guidelines in IRC 152. If used
for these purposes, distributions from the RHS accounts will not be taxable.
Cash withdrawal for any other purpose is prohibited. Under recent IRS
Revenue Ruling 2005-24, any balance remaining in the Employee Account
after the death of the employee and his or her spouse and/or other
authorized dependents (if any) must be forfeited. That particular RHS
Employee Account will be closed, and any remaining funds will become
general assets of the plan.
The parties agree that the City's Part B contributions during active
employment constitute the minimum CalPERS participating employer's
contribution towards medical insurance after retirement. The parties also
agree that, for retirees selecting a CaIPERS medical plan, or any other plan
with a similar .employer contribution requirement, the required City
contribution will be withdrawn from the retiree's RHS account.
b. For employees in Category 2, the program is the same as for those in
Category 1, with the following exception:
In addition to the new plan contributions listed above, current employees
who fully convert to the new plan will also receive a one-time City
contribution to their individual RHS accounts that equates to $100 per
month for every month they contributed to the previous "defined benefit"
plan; to a maximum of 15 years (180 months). This contribution will be
made only if the employee retires from the City and at the time of retirement.
No interest will be earned in the interim.
Employees in Category 2 who had less than five years' service with the City
prior to implementation of the new program will only receive Part B
contributions back to January 1, 2006 when they reach five years total
service.
c. For employees in Category 3, the program is the same as for those in
Category 2, with the following exception:
For employees in this category, the City will make no Part B contributions
while the employees are still in the active work force. Instead, the City will
contribute $400 per month into each of their RHS accounts after they retire
from the City, to continue as long as the employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for the
duration of their employment to partially offset part .of this expense to the
City.: The maximum benefit provided by the City after retirement is
$4,800.00 per year, accruing at the rate of $400.00 per month. There is no
19 NBFMA MOU 2014 - 2018
cash out option for these funds, and they may not be spent in advance of
receipt.
Employees in this category will also receive an additional one-time City
contribution of $75 per month for every month they contributed to the
previous plan prior to January 1, 2006, up to a maximum of 15 years (180
months). This contribution will be made to the RHS account at the time of
retirement, and only if the employee retires from the City. No interest will be
earned in the interim.
d. For employees (retirees) in Category 4, the structure is very similar to the
previous retiree medical program, except that there is no cost share
requirement, and the $400 City contribution after retirement can be used for
any IRS authorized purpose, notjust City insurance premiums.
Effective July 1, 2006, a RHS account has been opened for each retiree in
this category, and the City will contribute $400 per month to each account
as long as the retiree or spouse remains living.
3. Administration
Vendors have been selected by the City to administer the program. The
contract expense for program -wide administration by the vendor will be paid by
the City. However, specific vendor charges for individual account transactions
that vary according to the investment actions taken by each employee, such as
fees or commissions for trades, will be paid by each employee.
The City's Deferred Compensation Committee, or its successor committee, will
have the authority to determine investment options that will be available
through the plan.
4. Value of Benefit
For all purposes, including compensation comparisons, the Retiree Medical
Program shall be valued at 1% of salary on which PERS retirement is based
(Part A); plus .25% of other compensation (Part B).
E. Tuition Reimbursement
Maximum tuition reimbursement for NBFMA members shall be $1,500 per fiscal
year.
1. College Courses
NBFMA members attending accredited community colleges, colleges, trade
schools or universities may apply for reimbursement of one hundred percent
20 NBFMA MOU 2014 - 2018
(100%) of the actual cost of tuition, books, fees or other student expenses
for approved job—related courses. Reimbursement is contingent upon the
successful completion of the course. Successful completion means a grade
of "C" or better for undergraduate courses and a grade of 'B" or better for
graduate courses. All claims for tuition reimbursement require the approval
of the Human Resources Director.
Non -College Courses
NBFMA members attending job-related classes, courses, and seminars
given by recognized agencies, organizations or individuals other than
accredited college institutions may apply for reimbursement of one hundred
percent (100%) of the actual cost of tuition, parking fees, travel and lodging
expenses.
Job-related courses and seminars will be considered pre -authorized in the
following areas: management and supervision, oral and written
communications, conflict resolution, fire ground operations, rescue systems,
legal issues, media relations, risk management, EMS, health and safety,
apparatus operator, auto extrication, fire prevention, arson investigation,
and critical incident stress management.
Reimbursement is contingent upon the successful completion of the course.
Successful completion means a document or certificate showing successful
completion of the class or seminar. All claims for tuition reimbursement
require the approval of the Fire Training Chief before submittal to Human
Resources.
F. Annual Physical Examinations
All NBFMA members shall participate in the Department Fitness Program as
outlined in Department SOP.
G. Physical Conditioning Equipment/Apparel
City shall provide workout apparel for each
an "as needed" basis. NBFMA members
apparel when working out on duty.
SECTION 5. - MISCELLANEOUS PROVISIONS
A. Reductions in Force/Layoffs
NBFMA member, to be replaced on
shall wear City provided workout
The provisions of this section shall apply when the City Manager determines that
a reduction in the work force is warranted because of actual or anticipated
reductions in revenue, reorganization of the work force, a reduction in municipal
21 NBFMA MOU 2014 - 2018
services, a reduction in the demand for service or other reasons unrelated to the
performance of duties by any specific employee. Reductions in force are to be
accomplished, to the extent feasible, on the basis of seniority within a particular
Classification or Series and this Section should be interpreted accordingly.
Definitions
a. "Layoffs" or "Laid off' shall mean the non -disciplinary termination of
employment.
b. "Seniority" shall mean the time an employee has worked in a
specific Classification within a Series calculated from the date on
which the employee was first granted permanent status, subject to
the following:
Credit shall be given only for continuous service subsequent
to the most recent appointment to permanent status in the
Classification or Series;
ii. Seniority shall include time spent on industrial leave, military
leave and leave of absence with pay, but shall not include
time spent on any other authorized or unauthorized leave of
absence.
iii. For purposes of determining layoffs within any Classification;
seniority shall mean the time an employee has worked within
any Series.
C. "Classification" shall mean one full time position identical or similar
in duties and embraced by a single job title authorized in the City
budget and shall not include part-time; seasonal or temporary
positions. Classifications within.a Series shall be ranked according
to pay (lowest ranking, lowest pay).
d. "Series" shall mean two or more Classifications within a
Department which require the performance of similar duties with the
higher ranking Classification(s) characterized by the need for less
supervision by superiors, more difficult assignments, more
supervisory responsibilities for subordinates. The City Manager
shall determine those Classifications which constitute a Series.
e. "Bumping Rights", "Bumping" or "Bump" shall mean the right of an
employee in a higher Classification who is subject to layoff to
displace a less senior employee in a lower Classification within the
Series. No employee shall have the right to Bump into a
22 NBFMA MOU 2014 - 2018
Classification for which the employee does not possess the
minimum qualifications such as specialized education, training or
experience, provided, however, the City shall allow an employee to
become re -certified as an EMT or a paramedic in the event the
employee's certification has expired due to promotion to another
position. An employee has the right to "Bump" into only those
positions the employee has previously held with the Department.
2. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are applicable:
a. Temporary and probationary employees within any Classification
shall, in that order, be laid off before permanent employees.
b. Employees within a Classification shall be laid off in inverse order
of seniority;
c: An employee subject to layoff in one Classification shall have the
right to Bump a less senior employee in a lower ranking
Classification within a Series, provided, however, that the
determination of the employee to be terminated from the position of
Firefighter shall be based on seniority within the Series. An
employee who has Bumping Rights shall notify the Department
Director within seven (7) working days after notice of layoff of
his/her intention to exercise Bumping Rights.
d. In the event two or more employees in the same Classification are
subject to layoff and have the same seniority, the employees shall
be laid off in inverse order of their position on the eligibility list or
lists from which they were appointed. in the event at least one of
the employees was not appointed from an eligibility list, the
Department Director shall determine the employee(s) to be laid off.
3. Notice
Employees subject to lay-off shall be given at least thirty (30) days
advance notice of the layoff or thirty (30) days pay in lieu of notice. In
addition, employees laid off will be paid for all accumulated paid leave,
holiday leave (if any), and accumulated sick leave to the extent permitted
by law, the provisions of this Memorandum of Understanding, or City
policy.
4. Re -Employment
23 NBFMA MOU 2014- 2018
Permanent and probationary employees who are laid off shall be placed
on a Department re-employment list in reverse order of layoff. Re-
employment lists will be valid for two (2) years. The re-employment list
shalf remain in effect until exhausted by removal of all names on the list.
In the .event a vacant position occurs in the Classification which the
employee occupied at the time of layoff, or a lower ranking Classification
within a Series, the employee at the top of the Department re-employment
list shall have the right to appointment to the position, provided, he or she
reports to work within seven (7) days of written notice of appointment.
Notice shall be deemed given when personally delivered to the employee
or deposited in the U.S. Mail, certified, return receipt requested, and
addressed to the employee at his or her past known address. .Any
employee shall have the right to refuse to be placed on the re-employment
list or the right to remove his or her name from the re-employment list by
sending written confirmation to the Human Resources Director.
5. Demotion
Permanent and probationary employees who are demoted because of
reduced staffing levels shall be placed on a Department promotional list in
reverse order of demotion. This promotional list shall remain in effect until
exhausted by removal of all names on the list.
6. Severance Pay
Permanent employees who are laid off shall, as of the date of lay-off,
receive one week severance pay for each year of continuous service with
the City of Newport Beach, but in no case to exceed ten (10) weeks of
severance compensation.
C. Fire Suppression Staffing Levels
Move -up and move -down coverage shall be used to staff the fire suppression
battalion chief position in the absence of available battalion chiefs.
D. Staff Assignment Schedule
NBFMA members assigned to staff positions shall .have the option to work a
5/40, 4/10 or 9/80 schedule; the staff member and the Fire Chief must mutually
agree to the schedule selected prior to it becoming effective. The Fire Chief
retains the right to assign the staff member to a different schedule, or deny the
member's request for a change of schedule, if the Fire Chief determines that the
member isnot able to perform their job duties or the operational needs of the
department are not being met. Employees will be given 2 weeks' notice if the Fire
Chief determines a change in schedule is needed in order to minimize disruption
of the member's personal/professional obligations. In addition, occasionally and
24 NBFMA MOU 2014 - 2018
at the discretion and approval of the Fire Chief, FLSA exempt employees working
a 4/10 or 9/80 schedule may adjust their regularly scheduled day off if such
change does not disrupt departmental operations.
E. Consecutive Shifts
Effective concurrent with this 2014-18 MOU, members shall be limited to working
four (4) 24-hour shifts in a row, after which time the employee shall not work
during the next consecutive 24 hour shift. A fifth consecutive shift may be
permitted with Fire Chief or designee approval, based upon operational needs.
Signatures on the following page
25 NBFMA MOU 2014 - 2018
Executed this day of January, 2016.
FOR THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION:
Je"oyles, PresldenK}
Brian McDonough, Vi e -President
FOR THE CITY OF NEWPORT BEACH:
ATTEST:
0
A
Diane B. Dixon, Mayor
Leilani Brown, City Clerk
APPROVED AS TO FORM:
By,�
Aaron Harp, City Attorney 1K I u
26 NBFMA MOU 2014 - 2018
Newport Beach Fire Management Association
Classifications and Pay Rates
Hourly Pay Rate Monthly Pay Rate
Effective July 1, 2015 (2.75% adjustment) Min Max Min Max
Fire Batt Chief 80 Hrs (+7.5%) $63.81 $77.57 $11,060 $13,445
Fire Line Batt Chf 112 Hrs $42.39 $51.53 $10,288 $12,504
Effective January 1, 2016 (2.75% adjustment)
Fire Batt Chief 80 Hrs (+7.5%) $65.56 $79.70 $11,364 $13,815
Fire Line Batt Chf 112 Hrs $43.56 $52.95 $10,571 $12,848
Effective January 1, 2017 (2.75% adjustment)
Fire Batt Chief 80 Hrs (+7.5%) $67.37 $81.89 $11,677 $14,194
Fire Line Batt Chf 112 Hrs $44.76 $54.40 $10,861 $13,202
Effective July 1, 2017 (3% compaction adjustment)
Fire Batt Chief 80 Hrs (+7.5%) $69.39 $84.35 $12,027 $14,620
Fire Line Batt Chf 112 Hrs $46.10 $56.03 $11,187 $13,598
Effective January 1, 2018 (2.75% adjustment)
Fire Batt Chief 80 Hrs (+7.5%) $71.29 $86.67 $12,358 $15,022
Fire Line Batt Chf 112 Hrs $47.37 $57.58 $11,495 $13,972
27
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2016-14 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 261h day of January, 2016, and that the
same was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Duffield, Council Member Selich,
Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon,
Mayor Dixon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 27th day of January, 2016.
4444-&V��
City Clerk
Newport Beach, California
(Seal)