HomeMy WebLinkAbout2019-6 - Adopting a Memorandum of Understanding Between the City of Newport Beach and The Newport Beach Employees League AssociationRESOLUTION NO. 2019-6
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 NEWPORT
BEACH EMPLOYEES LEAGUE ASSOCIATION
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 the authority contained in the Meyers-Milias-Brown Act,
Government Code §3500, et seq.;
WHEREAS, the City of Newport Beach ("City") supports effective communication
and collaborative working relationships with its employee associations to promote
improved relations while balancing good management practices;
WHEREAS, the City previously entered into a memorandum of understanding with
the Newport Beach Employees League ("NBEL"), a recognized employee organization,
for the term of July 1, 2015 through December 31, 2018;
WHEREAS, representatives from the City and NBEL met and conferred in good
faith and reached a tentative agreement on wages, benefits, and other terms and
conditions of employment ("Tentative Agreement'), which are memorialized in the
Memorandum of Understanding between the City and NBEL ("Memorandum of
Understanding") attached hereto as Exhibit A and incorporated herein by this reference;
WHEREAS, the NBEL ratified said Tentative Agreement on November 28, 2018;
WHEREAS, City of Newport Beach Charter Section 601 requires the City Council
to provide the number, titles, qualifications, powers, duties and compensation of all
officers and employees of the City;
WHEREAS, Newport Beach Municipal Code Section 2.28.010 provides that, upon
recommendation of the City Manager, the City Council may establish by resolution the
salary range or rate for each position;
WHEREAS, the City Manager has reviewed the changes to the salary schedule
for NBEL unit members provided in this resolution and recommends approval;
WHEREAS, the City Council received and considered the Tentative Agreement at
its regular meeting on January 8, 2019;
Resolution No. 2019-6
Page 2 of 3
WHEREAS, the City Council received and considered the Memorandum of
Understanding at its regular meeting on January 22, 2019;
WHEREAS, by adopting this resolution, the City Council intends to amend the
salary schedule for employees represented by the NBEL so as to be in conformance with
the Memorandum of Understanding; and
WHEREAS, by adopting this resolution, the City Council also desires to replace
the 2015-2018 memorandum of understanding between the City and the NBEL by
adopting the Memorandum of Understanding attached hereto as Exhibit A to serve as the
successor agreement between the City and the NBEL for the period of January 1, 2019
through December 31, 2021.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby adopt the Memorandum of
Understanding that is attached hereto and incorporated herein as Exhibit A. Wages,
hours, fringe benefits and other terms and conditions of employment for employees
represented by the NBEL shall be provided in accordance with the provisions of the
Memorandum of Understanding, which shall serve as the successor agreement between
the City and the NBEL for the period of January 1, 2019 through December 31, 2021.
Section 2: The City's Salary Schedule shall be modified to be consistent with this
resolution.
Section 3: The Memorandum of Understanding supersedes in all respects any
and all terms and provisions of all prior memoranda of understanding between City and
employees represented by NBEL, except to the extent that any term or provision of this
Memorandum of Understanding expressly provides otherwise.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of 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,
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.
Resolution No. 2019-6
Page 3of3
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 22nd day of January, 2019.
ATTEST:
Lell9ni 1. ..
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
01�lt�-
Aaron C. Harp ,
City Attorney
ane B. Dixon
Mayor
Attachment: Exhibit A — Memorandum of Understanding
Exhibit A
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH EMPLOYEES LEAGUE
Term: January 1, 2019 through December 31, 2021
TABLE OF CONTENTS
Page
PREAMBLE.................................................................................................................... 1
SECTION 1 - GENERAL PROVISIONS
Recognition..................................................................................................................... 1
Term............................................................................................................................... 2
ReleaseTime.................................................................................................................. 2
Scope............................................................................................................................. 2
Conclusiveness..............................................................................................................3
Modifications................................................................................................................... 4
NBELDues..................................................................................................................... 4
SECTION 2 - COMPENSATION
Salary............................................................................................................................. 4
Overtime.......................................................................................................................... 5
StandbyDuty................................................................................................................... 6
Call -Back Duty................................................................................................................ 6
Accumulation of Compensatory Time Off........................................................................ 6
NightShift Differential...................................................................................................... 7
ActingPay....................................................................................................................... 7
CertificationPay.............................................................................................................. 7
CourtTime...................................................................................................................... 9
SECTION 3 - LEAVES
FlexLeave....................................................................................................................... 9
VacationLeave............................................................................................................. 10
SickLeave..................................................................................................................... 11
HolidayLeave............................................................................................................... 12
BereavementLeave..................................................................................................... 13
LeaveSellback.............................................................................................................. 13
SECTION 4 - FRINGE BENEFITS
HealthInsurance........................................................................................................... 14
Additional Health Insurance/Programs.......................................................................... 15
Employee Assistance Program..................................................................................... 16
PERS Retirement Benefit.............................................................................................. 16
RetireeMedical Benefit................................................................................................. 18
Tuition Reimbursement................................................................................................. 22
Deferred Compensation................................................................................................ 22
SECTION 5 — MISCELLANEOUS/WORKING CONDITIONS
Reduction in Force/Layoffs............................................................................................
22
Non-Discrimination........................................................................................................
25
Promotional Preference.................................................................................................
25
WorkSchedules............................................................................................................
26
Labor Management Committee.....................................................................................
26
Discipline — Notice of Intent...........................................................................................
27
Grievance Procedure....................................................................................................
27
ProbationaryPeriod.......................................................................................................
28
Failureof Probation.......................................................................................................
29
AccidentReporting........................................................................................................
29
SafetyShoes.................................................................................................................
30
Uniforms........................................................................................................................
30
VoluntaryTraining Program..........................................................................................
31
In -Service Supervisory and Safety Training..................................................................
31
Clean -Up Time..............................................................................................................
31
RestPeriods..................................................................................................................
31
ServiceAwards.............................................................................................................
31
DirectDeposit................................................................................................................
31
Salaryon Reclassification.............................................................................................
32
Separability...................................................................................................................
32
EXHIBIT A — Represented Classifications and Pay Rates ............................................ 34
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
NEWPORT BEACH EMPLOYEES LEAGUE
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is
entered into with reference to the following:
PREAMBLE
The NEWPORT BEACH EMPLOYEES LEAGUE ("NBEL"), a recognized
employee organization, affiliated with the Orange County Employees Association
("OCEA'), 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. NBEL representatives and City representatives have reached agreement as to
wages, hours and other terms and conditions of employment for the period from
January 1, 2019 through December 31, 2021 and this agreement has been
embodied in this MOU.
3. This MOU, upon approval by NBEL 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, City hereby
confirms its prior certification of NBEL as the recognized employee organization
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 the
NBEL.
B. Term
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 January 1, 2019. This MOU shall remain in full
force and effect until December 31, 2021, 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 provisions of this MOU shall prevail over conflicting provisions of the
Newport Beach City Charter, the ordinances, resolutions and policies of the
City of Newport Beach, and federal and state statutes, rules and regulations
which either specifically provide that agreements such as this prevail,
confer rights which may be waived by any collective bargaining agreement,
or are, pursuant to decisional or statutory law, superseded by the provisions
of an agreement similar to this MOU.
C. Release Time
Four NBEL officers designated by the NBEL shall collectively be granted an
annual maximum of 150 hours paid release time, for the conduct of NBEL
business. Such time shall be exclusive of actual time spent in collective
bargaining and shall be scheduled at the discretion of the NBEL officer.
Every effort will be made to schedule this time to avoid interference with
City operations.
2. Release time designees shall be identified annually and notice shall be
provided to the City. Release time incurred shall be reported regularly in the
form and manner prescribed by the City.
3. Activities performed on release time shall include representation of
members in rights disputes; preparation for collective bargaining activities,
and distribution of NBEL written communication in the work place.
4. Each January, the City will examine the number of Release Time hours the
LABEL used the preceding year. If the NBEL used in excess of 75% of the
hours normally granted (150), the LABEL will be granted an additional 30
hours for that year.
D. Scope
All present written rules and current established practices and employees'
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.
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2. The practical consequences of a Management Rights decision on wages,
hours, and other terms and conditions of employment shall be subject to the
grievance procedures.
3. 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 the Employer -Employee
Relations Resolution No. 2001-50. Management Rights include, but are not
limited to, the following:
(a) the determination of the purposes and functions of City Departments;
(b) the establishment of standards of service;
(c) to assign work to employees as deemed appropriate;
(d) the direction and supervision of its employees;
(e) the discipline of employees;
(f) the power to relieve employees from duty for lack of work or other
legitimate reasons;
(g) to maintain the efficiency of operations;
(h) to determine the methods, means and personnel by which
operations are to be conducted;
(i) the right to take all necessary actions to fulfill the Department's
responsibilities in the event of an emergency; and
(j) the exercise of complete control and discretion over the manner of
organization, and the appropriate technology, best suited to the
performance of departmental functions.
The practical consequences of a Management Rights decision on wages,
hours, and other terms and conditions of employment shall be subject to the
grievance procedures.
E. Conclusiveness
With the exception of a separate MOU covering retirement issues, this MOU
contains all of the covenants, stipulations, and provisions agreed upon by the
parties. Therefore, for the term of this MOU, neither party shall be compelled, and
each party expressly waives its rights to request the other to meet and confer
concerning any issue within the scope of representation except as expressly
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Newport Beach Employees League 2019-21
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.
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 NBEL members. In the event the City
introduces a plan to outsource services currently being performed by LABEL
members to achieve greater efficiency and/or cost savings, and upon request by
the NBEL, the City shall meet and confer with NBEL representatives to discuss the
impacts of the City's decision to contract out work. The City shall retain sole
authority to decide whether or not to contract out work, including work that is
currently being performed by NBEL members. This provision shall not limit the
City's authority to enter into such an agreement for any City services.
F. Modifications
Any agreement, understanding, 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. NBEL Dues
1. The collection of NBEL dues shall be handled through the payroll deduction
process.
2. NBEL agrees to defend, indemnify and hold harmless the City for its
collection of NBEL dues.
SECTION 2. — Compensation
A. Salary
Base salary increases for all NBEL represented classifications shall be as
follows and as specified in Exhibit A:
Effective the pay period that includes January 1, 2019, base salaries will be
increased by one and nine tenths percent (1.90%).
Effective the pay period that includes January 1, 2020, base salaries will be
increased by one and nine tenths percent (1.90%).
Effective the pay period that includes January 1, 2021, base salaries will be
increased by one and ninety-two one hundredths percent (1.92%).
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B. Overtime
1. Advanced Approval - Employees must have advanced approval from their
supervisor to work overtime.
2. FLSA Overtime - Overtime earned for actual work hours in excess of 40 in
the employee's defined FLSA workweek.
3. Contract Overtime - Overtime earned for an employee whose hours paid in
their defined FLSA workweek exceeds 40. For purposes of calculating
hours paid for contract overtime, holidays and pre -scheduled vacation or
Flex leave occurring during the work week count as time worked. The use
of sick leave, floating holiday hours or flex leave that is not pre -scheduled
and approved in writing in advance do not count as hours worked for
purposes of calculating hours paid for determining eligibility for contract
overtime.
4. Rate at Which Overtime is Calculated - Both FLSA and Contract Overtime
(paid at time and one half — 1.5) shall be calculated at the regular rate of
pay, except that the rate at which Contract Overtime is calculated shall not
include the City's Cafeteria Plan Allowance, the opt -out Cafeteria Plan
Allowance, or any cash back an employee may receive from the Cafeteria
Plan Allowance by choosing benefits which cost less than the Allowance.
5. Workweek for Purposes of Calculating Overtime - For employees who work
the 9/80 work schedule, their defined FLSA workweek shall begin exactly
four hours after the start time of their shift on their alternating regular day
off (i.e., their eight-hour day) and end exactly 168 hours later. For
employees who work a 5/40 work schedule, their workweek shall begin on
Saturday at 12:01 a.m. and will end exactly 168 hours later the following
Saturday at 12:00 a.m.
6. Work Schedule - Regardless of the type of work schedule an employee is
assigned (e.g., 5/40 and 9/80), full time employees are regularly scheduled
to work forty (40) hours in their defined FLSA workweek.
7. Reporting Time - The City calculates overtime in tenths of an hour. An
employee who works in excess of three minutes of the next tenth should
round up to the next tenth and if the employee works three minutes or less
of the next tenth should round down. For example, if an employee whose
normal work schedule ends at 5:00 p.m. works until 5:03 p.m. he/she should
round down and not report the additional three minutes. However, if the
employee works until 5:04 p.m., he/she should report an additional tenth of
an hour of time worked.
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Newport Beach Employees League 2019-21
C. Standby Duty
1. Defined
(a) To be ready to respond immediately to calls for service;
(b) To be reachable by telephone;
(c) To remain within a specified distance from his/her work
station; and
(d) To refrain from activities which might impair the employee's
ability to perform his/her assigned duties.
2. Compensation
Standby duty compensation for all unit employees shall be eight dollars
($8.00) per hour. Standby pay will not be piggybacked with any other paid
time, such as call-back, scheduled or unscheduled overtime, or if working a
scheduled shift.
D. Call -Back Duty
1. Defined
Call-back duty requires the employee to respond to a request to return to
his/her work station after the normal work shift has been completed and the
employee has left his/her normal work station. Those periods of overtime
which had been scheduled by the Department Director prior to the end of
the normal work shift are not considered call-back duty.
2. Compensation
All employees on call-back duty shall receive a minimum of two (2) hours
pay. If an employee works more than two (2) hours, he/she shall receive
pay for actual hours worked.
E. Accumulation of Compensatory Time Off
Unit members may receive compensatory time off (CTO), in lieu of cash, as
compensation for overtime hours worked at the rate of one and one half hours
for each hour of overtime worked. An employee may only accrue CTO if
requested and then approved by the employee's supervisor. Call-back time
may be converted to CTO with supervisor approval.
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Newport Beach Employees League 2019-21
Employees may accumulate up to eighty (80) hours of CTO. If an employee
has eighty (80) hours of accrued CTO, he/she will not be able to accrue
additional CTO until he/she uses CTO to reduce his/her balance below eighty
(80) hours.
F. Night Shift Differential
The City agrees to pay $1.00 per hour night shift differential for Employees
working a regularly scheduled work shift of which four or more hours are
worked between the hours of 5 p.m. and 5 a.m. Overtime worked as an
extension of an assigned day shift shall not qualify an employee for night shift
differential. The differential pay is paid only for hours actually worked.
In accordance with this provision, City agrees to pay $.50 per hour night shift
differential to automotive shop mechanics for hours worked after 5:00 p.m.
The parties agree that to the extent permitted by law, the shift differential pay
in this section is special compensation and shall be reported to Ca1PEERS as
such pursuant to Title 2 CCR, Section 571(a)(4) Shift Differential Pay.
G. Acting Pay
NBEL employees will be eligible to receive "acting pay" only after completing
80 consecutive hours in the higher classification. Acting pay is 107.5% of the
employee's base pay rate.
Once the minimum hours' requirement has been satisfied, acting pay will be
granted for all hours worked above 40 hours beginning with the 41st hour
worked in the higher classification.
The parties agree that to the extent permitted by law, acting pay is special
compensation and shall be reported to Ca1PERS as such pursuant to Title 2
CCR, Section 571(x)(3) Temporary Upgrade Pay.
H. Certification Pa
Payment for certifications will be made on a bi-weekly basis for unit members
holding a valid and current certification in areas indicated below. Employees
may submit proof of valid certificates, including renewals, upon completion.
The bi-weekly payment for such eligible certificates will begin the first pay
period following department approval. All amounts listed below reflect the
annual benefit for the specified certificate.-
7
ertificate:
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Newport Beach Employees League 2019-21
1. Water or Wastewater Operator
Grade 1
$110
Grade II
$350
Grade III
$450
Grade IV
$650
Grade V
$800
These pays do not stack. Employees receive the one pay from the list
above for the Grade they have achieved.
2. Backflow Certification - $220
3. Qualified Applicator Certificate - $110 for each category, up to a
maximum of $330
4. Fire Mechanic State Level I - $110
5. Fire Mechanic State Level II - $220
6. Fire Mechanic III - $400
7. Certified Arborist -$110
8. ASE Certification - $55 each and $220 for possessing a current ASE
Master Truck Technician and $220 for possessing a current ASE Master
Automobile Technician certification.
9. Commercial Driver's License, Class A - $220
10. Commercial Driver's License, Class B - $165
11. Public Works Certificate (18-20 Jr. College units) or Maintenance
Superintendents Association (MSA) Certificate - $300
12. Water Utility Science Certificate - $300
13.Cross Connection Specialist - $110
14. Crane Certification - $110
15. Forklift Trainer - $300 (2 employees, max)
The maximum certificate pay benefit for unit members shall be $5, 000 annually.
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The City will reimburse employees for: 1) application, testing, and certification
fees for successfully completing certification examinations for the above listed
certificates, and 2) required physicals when employees obtain/renew required
Class A or B Drivers Licenses.
Court Time
Employees who are required to appear in Court during their off-duty hours in
connection with City business shall receive overtime compensation for the
number of hours they spend in court, with a minimum of two (2) hours of such
compensation.
SECTION 3. - Leaves
A. Flex Leave
1. Unit members shall accrue Flex leave at the following rates:
Years of Continuous
Hrs Accrued per
Annual
Max Balance
Service
Pay Period
hours
hours
Less than 5
6.00
156.00
468.00
5 but less than 9
6.61
171.86
515.58
9 but less than 12
7.23
187.98
563.94
12 but less than 16
8.15
211.90
635.70
16 but less than 20
8.77
228.02
684.06
20 but less than 25
9.38
243.88
731.64
25 and over
10.00
260.00
780.00
Members shall accrue three (3) months (i.e., 39 hours) of Flex leave (as
provided in the chart above) upon completion of three (3) months of
continuous employment with the City of Newport Beach, provided however,
this amount shall be reduced by any Flex leave time advanced during the
first three (3) months of employment.
2. Limit on Accumulation
Any paid leave earned in excess of this level will be paid on an hour for hour
basis in cash (spill over pay) at the employee's hourly rate of pay. Members
hired prior to July 1, 1996 shall be paid for earned Flex leave in excess of
the maximum permitted accrual at the member's hourly rate of pay provided
that they have utilized at least eighty (80) hours of Flex leave the previous
calendar year. Employees who have not utilized the required amount of
leave the prior calendar year shall not be eligible to accrue time above the
maximum accrual limit.
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Employees first hired, or rehired by the City subsequent to July 1, 1996 shall
not be eligible for Flex leave spillover pay and shall not be entitled to accrue
Flex leave in excess of the Flex leave accrual threshold.
3. Method of Use
The Department Director shall approve all requests for Flex leave taking
into consideration the needs of the Department, and whenever possible the
seniority and wishes of the employee. Flex leave may be granted on an
hourly basis.
B. Vacation Leave
This section applies only to those Regular Full-time Employees hired on or before
January 1, 1990 and who have elected not to enroll in the Flex Leave program.
Basis for Accrual/Full-Time Employees
Employees entitled to Vacation leave -with -pay shall accrue such leave
based on years of continuous service and the number of hours in a normal
work week for the position to which they are assigned in accordance with
the following schedule:
Years of Continuous
Service
Less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
2. Limit on Accumulation
Accrual per pay period
Hours
3.38
3.99
4.61
5.22
5.84
6.46
7.07
Accrual of vacation days in excess of those earned for two years of
continuous service is not permitted past December 31 st of each year with
the following exception: with approval of the Department Director, an
employee may accrue vacation days in excess of the two-year limit provided
all such excess accumulation is taken by March 31st of the following year.
3. Method of Use
The Department Director shall schedule and approve all vacation leaves for
employees taking into consideration the needs of the Department, and
whenever possible, the seniority and wishes of the employee. Vacation
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leave may be granted on an hourly basis. Any fraction over an hour shall
be charged to the next full hour.
C. Sick Leave
This section applies only to those Regular Full-time Employees hired on or before
January 1, 1990 and who have elected not to enroll in the Flex Leave program.
Basis for accrual
Full-time, regular employees shall accrue sick leave based on the number
of hours in a normal work week for the position to which they are assigned
in accordance with the following schedules:
Normal Work Week - 40 hours
Service Time
0-1 year
1-2 years
2-3 years
3-4 years
4+
2. Method of Use
(a) General
Monthly Accrual
4 hours
5 hours
6 hours
7 hours
8 hours
An employee may use sick leave for an entire day or partial day if
needed. If used for a partial day, employees should report its use to
the nearest tenth of an hour.
(b) Approval
Sick leave may be granted only at the discretion of or with the
approval of the Department Director and as defined in the Employee
Policy Manual.
3. Sick Leave Conversion
Employees who at the end of the calendar year have an accrued level of
Sick Leave equal to or greater than the full value of 50 months of accrued
Sick Leave, and who have used six or less days of Sick Leave during that
calendar year will be permitted (only once per year) to convert up to six (6)
days of Sick Leave to paid vacation at the value of 50% (maximum value of
3 days per year).
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D. Holiday Leave
The following days shall be observed as paid holidays (i.e., employees shall
have the day off with pay) by all unit members. For each holiday, except the
Floating Holiday (where the employee chooses the day off), if an employee
is required to work on the holiday, they will receive their pay for the holiday
and in addition either pay or Flex Leave for the number of hours worked on
the holiday.
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
New Year's Day
Washington's Birthday
Memorial Day
Martin Luther King Day
Floating Holiday
July 4
1 st Monday in Sept.
November 11
4th Thurs. in November
Last 1/2 of working day
December 25
Last 1/2 of working day
January 1
3rd Monday in February
Last Monday in May
3rd Monday in January
July 1St - 1 day*
*The floating holiday (eight (8) hours of holiday leave) is awarded on July 1.
The hours are added to employees' Flex Leave account.
Holidays will be paid based on the employee's regular work day schedule.
For example, if an employee is on a 9/80 schedule and the holiday is
observed on a day that the employee is regularly scheduled to work 9 hours,
the employee is entitled to receive 9 hours of Holiday pay. However, if an
employee is on a 9/80 schedule and the holiday is observed on a day that
the employee is regularly scheduled to work 8 hours, the employee is
entitled to receive 8 hours of holiday pay. Employees will receive 8 hours of
Holiday Pay annually for the Floating Holiday.
Holidays listed above (except the Floating Holiday) occurring on a Saturday
shall be observed the preceding Friday. Holidays occurring on a Sunday
shall be observed the following Monday. (Half day holidays shall be
observed prior to the observed holiday).
2. Holiday Pay Eligibility
Following are the limitations on eligibility for Holiday pay:
(a) Holiday pay will be paid only to employees who work their scheduled
day before and scheduled day after a holiday, or are on authorized
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paid leave (e.g. approved vacation or sick leave that has been
approved by the Department Director).
(b) Newly hired employees will be eligible to receive full pay for
scheduled holidays, without a waiting period.
E. Bereavement Leave
Bereavement leave shall be defined as "the necessary absence from duty by an
employee because of the death or terminal illness in his/her immediate family."
Unit members shall be entitled to forty (40) hours of bereavement leave per
calendar year per incident (terminal illness followed by death is considered one
incident). Bereavement leave shall be administered in accordance with the
provisions of the Employee Policy Manual. Leave hours need not be used
consecutively, but should occur in proximate time to the occurrence. For the
purposes of this section, immediate family shall mean an employee's father,
mother, stepfather, stepmother, brother, sister, spouse/domestic partner, child,
stepchild, grandparents and the employee's spouse's/domestic partner's father,
mother, brother, sister, child and grandparents. 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.
F. Leave Sellback
During calendar year 2019, employees shall have the option (on two occasions) of
selling back on an hour for hour basis, accrued Flex or Vacation leave. In no event
shall the Flex or Vacation leave balance be reduced below one hundred and sixty
(160) hours. Hours sold back will be subject to the Retiree Health Savings Plan
Part C contributions, per Section 4 (E), Retiree Medical. For the term of this MOU
the Association has elected Part C contributions for Flex/Vacation at 0%.
Effective in calendar year 2020 and thereafter, employees shall have the option of
converting accrued Flex Leave to cash on an hour for hour basis subject to the
following: On or before the pay period which includes December 15 of each
calendar year, an employee may make an irrevocable election to cash out accrued
flex leave which will be earned in the following calendar year. The employee can
elect to receive the cash out in the pay period which includes June 30 and/or the
pay period which includes December 15 for those Flex Leave benefits that have
been earned during that portion of the year. In no event shall the flex leave balance
be reduced below one hundred and sixty (160) hours. On or before December 31,
2019, each employee shall have the one-time option of cashing out all or a portion
of Flex Leave benefits credited to his/her account as of that date. However, in no
event shall the flex leave balance be reduced below one hundred and sixty (160)
hours when the leave is cashed out.
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SECTION 4. —Fringe Benefits
A. Health Insurance
Benefits Information Committee
City has established a Benefits Information Committee (BIC) composed of
one representative from each employee association 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 association
with information about health insurance/programs and to receive timely
input from associations regarding preferred coverage options and levels of
coverage.
2. Medical Insurance
The City has implemented an IRS qualified Cafeteria Plan. In addition to
the contribution amounts listed below, the City shall contribute the minimum
CalPERS participating employer's contribution towards medical insurance
for employees enrolled in a CalPERS medical plan, per Government Code
Section 22892. Employees shall have the option of allocating Cafeteria
Plan contributions towards the City's existing medical, dental and vision
insurance/programs. The City and the Newport Beach Employees League
will cooperate in pursuing additional optional benefits to be available
through the Cafeteria Plan.
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 City will contribute the PERS minimum contribution amount and $1,725
per month towards the Cafeteria Plan.
NBEL members who do not enroll in any medical plan offered by the City
must provide evidence of group medical insurance coverage, and execute
an opt -out agreement releasing the City from any responsibility or liability
to provide medical insurance coverage on an annual basis. Employees
electing to opt out of medical coverage offered by the City because they
have provided proof of minimum essential coverage ("MEC') through
another source (other than coverage in the individual market, whether or
not obtained through Covered California) will receive a maximum cafeteria
allowance of $1, 000 per month.
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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 comparable vision plan shall be maintained as part of the
City's health plan offerings as agreed upon by the Benefits Information
Committee.
5. Healthcare Reform
The parties recognize that certain State and Federal laws, programs and
regulations, including the Affordable Care Act, may impact future medical
plan offerings. Either party may request to reopen Section 4,A,(2) regarding
medical insurance for the purpose of discussing alternative approaches and
proposals to providing healthcare coverage. In addition, should State or
Federal laws concerning taxation of healthcare benefits change, the parties
agree to meet and discuss the impact of such change.
Additional Health Insurance/Programs
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. An NBEL member may request that medical,
child care and other eligible expenses be paid or reimbursed by the Section
125 Plan out of the employee's account. The taxable salary of the
employee will be reduced by the amount designated by the employee for
reimbursable expenses.
2. Disability Insurance
The City shall provide 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)
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Employees shall pay one percent (1%) of base salary as a post -tax
deduction for this benefit.
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.
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 terminates from City employment.
C. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a properly
licensed provider. NBEL members and their family members may access the EAP
subject to provider guidelines.
D. The Retirement Benefit
Retirement Formula
The City contracts with 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:
Tier 1: For employees hired by the City on or before November 23, 2012,
the retirement formula shall be the 2.5%@55 calculated on the basis of the
single highest year.
Tier 2: For employees first hired by the City between November 24 and
December 31, 2012, or hired on or after January 1, 2013 and are current
Classic members of the retirement system, as defined in the Public
Employees' Pension Reform Act ("PEPRA'), the retirement formula shall be
2%@60 calculated on the average 36 highest month's salary.
Tier 3: For employees first hired by the City on or after January 1, 2013, and
who do not meet the Tier 2 criteria because they are new members as
defined by the PEPRA, the retirement formula shall be 2.0%@62 calculated
on the average 36 highest month's salary.
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2. Employee Contributions
The NBEL has agreed to share in the rising cost of pension obligations.
Under the terms of this MOU, unit members will contribute additional
amounts toward the PERS retirement benefit, to the extent permissible by
law. Should any provision be deemed invalid, the City and NBEL agree to
meet for the purpose of renegotiating employee retirement contributions.
Employees in each Tier contribute 13% of pensionable pay toward the
retirement benefit.
Employee retirement contributions that are in addition to the normal PERS
Member Contribution (of 7% or 8%) shall be calculated on base pay, special
pays, and other pays normally reported as "PERSable" compensation, and
will be made on a pre-tax basis through payroll deduction, to the extent
allowable by law. It is recognized that these payments will not be reported
to PERS as contributions toward either the Member or Employer rate, as
provided under GC Section 20516(f).
Tier I.-
Tier
:
Tier 1 Employees shall pay their eight percent (8%) (compensation
earnable) member contribution, 2.42% compensation earnable (as cost
sharing) per Government Code section 20516(a) and 2.58% compensation
earnable (as cost sharing) per Government Code section 20516(1,.
Tiers 2:
Tier 2 employees shall pay their seven percent (7%) (compensation
earnable) member contribution and six percent (6%) of compensation
earnable as cost sharing per Government Code section 20516(f).
Tier 3
The minimum statutory employee contribution for employees in Tier 3 is
subject to the provisions of the (PEPRA) and equals 50% of the "total normal
cost".
Tier 3 employees shall make an additional contribution of pensionable
compensation toward retirement pursuant to Government Code Section
20516(f), for a total employee contribution of 13% of pensionable
compensation.
The City contracts with PERS for the 4th Level 1959 Survivors Insurance
Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military Service
Credit, 2% Cost of Living Adjustment and the pre -retirement option
settlement 2 death benefit (Section 21548).
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E. 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 three 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, 2006.
b. Category 2 - Active employees hired prior to January 1, 2006, whose
age plus years of service as of January 1, 2006 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, 2006.
2. Program Structure
This is an Integral Part Trust (IPT) Retiree Health Savings (RHS) Program
(formerly the Medical Expense Reimbursement Program WERP").
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
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.
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Part B contributions (employer contributions): $2.50 per month for each year
of service plus year of age (updated every January 1 st based on status as of
December 31 st of the prior year).
Part C contributions (leave settlement as determined by NBEL):
The NBEL will determine the level of contribution for all employees it
represents, subject to the following constraints. All employees within the
NBEL must participate at the same level, except that Safety members and
Non -safety members within an NBEL 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 NBEL 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 NBEL has decided to participate in Part C contributions at the level of
zero percent (0%) Flex/Vacation and zero percent (0%) Sick Leave. 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 NBEL. 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 is not eligible for Part C contributions.
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 NBEL.
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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
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 (i.e., the Ca1PERS statutory minimum amount) towards medical
insurance after retirement. The parties also agree that, for retirees selecting
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a CalPERS 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 per year,
accruing at the rate of $400 per month. There is no 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.
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.
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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.
F. Tuition Reimbursement
NBEL members attending accredited community colleges, colleges, trade schools
or universities, or recognized professional organizations or agencies, may apply
for reimbursement of one hundred percent (100%) of the actual cost of tuition,
books, fees or other student expenses for approved job—related courses,
seminars, or professional development programs. Maximum tuition reimbursement
for employees shall be $1,500 per fiscal year. 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 or designee.
G. Deferred Compensation
Each employee shall have the right to enroll in the deferred compensation program
set up by the City and subject to the rules of IRS Code section 457. For each
employee who enrolls in the deferred compensation program, the City shall
contribute to each employee's deferred compensation account as follows:
Effective the first day of the pay period which includes January 1, 2020, the City
shall contribute twenty five dollars ($25) per month to each enrolled employee's
deferred compensation account if the employee contributes at least twenty five
dollars ($25) per month towards his/her deferred compensation account. The City
is only obligated to make the contribution to an employee's deferred compensation
account if the employee has enrolled in the deferred compensation program.
Under federal law, there is an annual maximum contribution which may be made
to an employee's IRS Code section 457 account. Although the City will be making
contributions to employees' accounts each pay period, it is the employees'
responsibility to track their total contribution amount. If an employee's account
contributions reach the annual 457 maximum, the City will stop making
contributions for the remainder of the calendar year and will not owe the employee
any additional compensation related to this section.
SECTION 5. Miscellaneous/Working Conditions
A. Reductions in Force/Layoffs
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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
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
"Layoffs" or "Laid Off' shall mean the non -disciplinary termination or
employment.
2. "Seniority" shall mean the time an employee has worked in a Classification
or Series calculated from the date on which the employee was first granted
regular status in the current Classification or any Classification within the
Series, subject to the following:
(a) Credit shall be given only for continuous service subsequent to the
most recent appointment to regular status in the Classification or
Series; and
(b) Seniority shall include time spent on industrial leave, military leave,
and leave of absence without pay, but shall not include time spent
on any other authorized or unauthorized leave of absence.
3. "Classification" shall mean one or more full time positions identical or similar
in duties not including part-time, seasonal or temporary positions.
Classifications within a Series shall be ranked according to pay (lowest
ranking, lowest pay).
4. "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 and more supervisory responsibilities for
subordinates. The City Manager shall determine those classifications
following a meet and consult process which constitute a Series.
5. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an
employee, based upon seniority within a series to bump into a lower ranking
classification within the same series, (2) to be followed by, an employee
being permitted to bump into a classification within a different series. The
latter bumping shall be based upon unit wide seniority and shall be limited
to a classification in which the employee previously held regular status.
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No employee shall have the right to bump into a classification for which the
employee does not possess the minimum qualifications such as specialized
education, training or experience.
PROCEDURE
The General Services Division within the Municipal Operations Department will
select employees for layoff by straight seniority department wide. This means
department management has total control of position elimination and personnel
reassignment within ranks, but the layoffs shall be on a straight forward "last hired -
first fired" basis.
The layoff system for the Utilities Division shall operate the same department -wide
seniority as does the General Services Division, with the exception of the Electrical
and Telecommunications sections. Because of the highly specialized skills and
training of the personnel in these sections, these sections shall be treated as
unique and individual unto themselves.
In the event the City Manager determines to reduce the number of employees
within a classification, the following procedures are applicable:
Temporary and probationary employees within any classification shall, in
that order, be laid off before permanent employees.
2. Employees within a classification shall be laid off in inverse order of
seniority.
3. 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. An employee who has bumping rights shall notify the Department
Director within three (3) working days after notice of layoff of his/her
intention to exercise bumping rights.
4. 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
following the Department Director's consideration of established
performance evaluations.
REEMPLOYMENT
Employees who are laid off shall be placed on a Department re-employment list in
reverse order of layoff. The re-employment list shall expire in 18 months. 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 within seven
(7) days of written notice of appointment. Notice shall be deemed given when
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personally delivered to the employee or deposited in the U.S. Mail, first class
postage prepaid, and addressed to the employee at his or her last 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.
SEVERANCE
If an employee is laid off from theirjob with the City, for economic reasons, the City
will grant severance pay in an amount equal to one week of pay for every full year
of continuous employment service to the City of Newport Beach up to ten (10)
weeks of pay.
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 the Personnel Resolution.
B. Non -Discrimination
City and NBEL agree that there will be no discrimination by either party or by any
of their agents against any employee because of his/her membership or non-
membership in NBEL, or because of any protected classification identified in the
law.
C. Promotional Preference
Where no less than two (2) unit members achieve top three ranking on a certified
eligible list, selection to the position shall be made with preference given to the unit
members so qualified. The Human Resources Department shall be responsible for
insuring that a position vacancy announcement for all available City positions be
distributed in a manner that reasonably assures unit members access to the
announcements. The Human Resources Department shall oversee all testing
procedures.
Any employee who has achieved "regular status" may request assignment to any
lateral or lower classification, and that employee may be transferred into that
classification without competitive testing if both of the following conditions have
been satisfied:
.1. The employee meets the minimum qualifications of the classification; and
2. The Department Director approves of the transfer.
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D. Work Schedules
Employees in the unit work either a 9/80 or 5/40 work schedule.
Employees assigned to the 9/80 work schedule will have alternating Fridays off
with the City determining which employees will work on each alternating Friday to
ensure effective coverage of the work.
The City agrees to maintain flex -scheduling where it is currently in place in this unit
in the Municipal Operations Department. The Building Maintenance, Parks
Maintenance, and Beach Maintenance crews will be placed on the 5/40 schedule
including the Memorial Day and Labor Day weekends, or any portion of time
between these Holidays at the discretion of the General Services Director. The
City reserves the right to amend the program as needed to mitigate any operational
problems which may arise due to budgetary cutbacks, personnel cuts or shortages,
service level complaints, or any other operational reason. Should an operational
problem involving service reductions or increases in cost materialize, the
Department Director will notify the LABEL and the employees affected work group
of the problem in writing, supported with cause. The NBEL and/or the employees
of the affected work group, will in turn have up to ten (10) working days to respond
and schedule a meeting with the Department Director. The purpose of the meeting
is to propose a solution to the problem. The Department Director will consider the
proposed solution and respond, in writing, within five (5) working days. If the
Department Director and the work group disagree on the solution, the NBEL and/or
employees of the affected work group will have up to five (5) working days to
appeal the Department Director's decision to the City Manager, who will consider
both sides of the issue and resolve the dispute, in a written decision within ten (10)
days after the aforementioned meeting.
E. Labor Management Committee
Committees shall meet on an as needed basis; names of participating unit
members shall be announced to management no less than 5 work days before the
scheduled meeting; cancellation for cause shall be rendered by the canceling party
no less than 48 hours prior to the scheduled meeting; canceled meetings shall be
rescheduled to take place within 5 working days of the canceled meeting;
committees shall be departmental; they may be combined in the interests of
efficiency with other such committees; City participants shall include appropriate
department or division heads outside the unit; the purpose of the committees shall
be to resolve conflict and exchange information; a unit staff person may attend
meetings; meetings shall be scheduled to last no less than one hour; grievances
in process shall not be subject to resolution in meetings; matters properly dealt
with in negotiations may be discussed but no agreements shall be effected on
same in committee. Meetings shall be on work time.
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F. Discipline - Notice of Intent
Employees who are to be the subject of discipline equal to an unpaid
suspension of three (3) days or greater shall be entitled to prior written
notice of intent to discipline at least seven (7) calendar days prior to the
imposition of the actual penalty. This written notice shall contain a
description of the event or conduct which justifies the imposition of
discipline. The notice shall also include the specific form of a discipline
intended, and the employee shall be offered the opportunity for a Skelly
meeting before their Department Director prior to the imposition of the
penalty.
All other discipline resulting in less than a three (3) day suspension will not
be subject to the aforementioned procedure.
This understanding is not intended to in any way reduce the rights of
employees to due process. Employees who have become the subject to a
suspension of one or two days who wish to appeal the suspension shall
have the right to appeal the decision to the City Manager or designee.
Employees who have received a written reprimand, shall have the right to
place comments on the document prior to placement in his/her personnel
file as well as file a grievance as addressed in the grievance procedure.
G. Grievance Procedure
Step 1: A grievance may be filed by any employee on his/her own behalf, or jointly
by a group of employees, or by the NBEL. The Grievance Procedure is the sole
and exclusive method by which an employee or the NBEL may challenge a
provision of this MOU.
A grievance shall be brought to the attention of the immediate supervisor for
discussion within ten (10) business days after an employee or NBEL Board
member knew, or in the exercise of reasonable diligence should have known, the
act or events upon which the grievance is based. If the Employee or the NBEL (if
filed by the NBEL) is not satisfied with the decision reached through the informal
discussion or if extenuating circumstances exist, the Employee or NBEL shall have
the right to file a formal grievance in accordance with Step 2 of this section.
Grievances not presented within the time period shall be considered resolved.
The supervisor shall meet with the grievant to settle grievance and give a written
answer to the grievant within seven (7) business days from receipt of the grievance
by the supervisor. When the immediate supervisor is also the department head
the grievance shall be presented in Step 2.
Step 2: If the employee or the NBEL (if filed by the NBEL) is not in agreement with
the decision rendered in Step 1, the grievant shall have the right to present a formal
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grievance to the Department Director within ten (10) business days after the
discussion in Step 1. The right to file a grievance petition shall be waived in the
event the Employee orN8EL fails to file a formal grievance within ten (10) business
days after the occurrence of the incident that forms the basis of the grievance. All
formal grievances shall be submitted on the form prescribed by the Human
Resources Director and no formal grievance shall be accepted until the form is
complete. The formal grievance shall contain a clear, concise statement of the
grievance, the facts upon which the grievance is based, the rule, regulation or
policy the interpretation of which is involved in the grievance, and the specific
remedy or remedies sought by the grievant. The Department Director should
render a written decision within ten (10) business days after receipt of the formal
grievance.
Step 3: If the formal grievance has not been satisfactorily adjusted in Step 2, it
may be appealed to the City Manager or designee within ten (10) business days
after the Employee receives the decision. The City Manager or designee may
accept or reject the decision of the Department Director and shall render a written
decision within ten (10) business days after conducting a grievance hearing. The
decision of the City Manager or designee shall be final and conclusive. If mutually
agreeable, a meeting may be conducted involving all affected parties at any step
in the grievance procedure prior to a decision. The City Manager or designee may
delegate uninvolved Department Directors to act on behalf of the City Manager to
provide findings and recommendations. The findings and recommendations of the
uninvolved Department Directors are advisory only and the City Manager's or
designee's decision shall be final.
Time Limits: Grievances shall be processed from one step to the next within the
time limit indicated for each step. Time limits shall be strictly enforced. Any time
limits established can be waived or extended only by mutual agreement confirmed
in writing. Any grievance not carried to the next step by the Employee or NBEL
within the prescribed time limit shall be deemed resolved upon the basis of the
previous decision.
A grievance may also be filed and appealed to the 3rd step of the grievance
procedure for performance evaluations and written reprimands.
H. Probationary Period
Newly hired employees shall serve a twelve (12) month probationary period. The
probationary period for promoted employees shall be six (6) months.
Newly hired employees shall become eligible for their first step increase after
twelve (12) months. All other City rules regarding step increases shall remain
unchanged.
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Newport Beach Employees League 2019-21
Failure of Probation
New Probation
An employee on new probation may be released at the sole discretion of
the City at any time without right of appeal or hearing, except as provided in
Subsection 3, below.
2. Promotional Probation
(a) An employee on promotional probation may be failed at any time
without right of appeal or hearing, except as provided in Subsection
3, below, and except that failing an employee on promotional
probation must not be arbitrary, capricious or unreasonable.
(b) An employee who fails promotional probation shall receive a
performance evaluation stating the reason for failure of promotional
probation.
(c) When an employee fails his or her promotional probation, the
employee shall have the right to return to his or her former class
provided the employee was not in the previous class for the purpose
of training for a promotion to a higher class. When an employee is
returned to his or her former class, the employee shall serve the
remainder of any uncompleted probationary period in the former
class.
(d) If the employee's former class has been deleted or abolished, the
employee shall have the right to return to a class in his or her former
occupational series closest to, but no higher than, the salary range
of the class which the employee occupied immediately prior to
promotion and shall serve the remainder of any probationary period
not completed in the former class.
3. Probationary Release
An employee who alleges that his or her probationary release was based
on discrimination by the City, may submit a grievance within ten (10) days
after receipt of the Notice of Failure of Probation.
J. Accident Reporting
The City will require that all traffic collisions involving City vehicles shall be
reviewed by the traffic division supervisor of the Newport Beach Police Department
to prevent any unnecessary reports from being forwarded to the DMV. Also, the
29
Newport Beach Employees League 2019-21
vehicle accident review board will evaluate the supervisor's field report prior to
making its preventable/non-preventable determination.
K. Safety Shoes
If the City determines that an employee in the bargaining unit is required to wear
safety shoes, the employee shall be provided with a voucher (annually) which
enables the employee to purchase safety shoes from the City's vendor for safety
shoes. The City has identified certain safety shoe styles for which it will pay (as of
1/1/19 the maximum the City will pay is $172.80). If the cost of the particular safety
shoe styles (for which the City will pay) increases, the amount the City will pay will
increase (by the increased cost of those styles of shoes).
If the soles of the safety shoes wear out within a year, the employee should present
the shoes to his/her supervisor. If the supervisor agrees that the soles are worn
out, he/she will authorize the employee to purchase a new pair of shoes at City
expense. If the supervisor judges that the uppers are in good condition, he will
authorize the employee to have the shoes resoled at City expense.
L. Uniforms
It shall be understood by the NBEL and its members that employees who report
for work either "out of uniform" or in "dirty" or "otherwise substandard" uniforms will
be sent home without additional prior notice and without pay. Such incidents shall
further be documented and regularly repeated violations of the uniform standards
will subject the employee to progressive discipline up to and including dismissal
for negligence and/or misconduct.
Employees represented by the NBEL will be permitted to wear specified and
approved shorts as part of the City approved optional uniform. The shorts must
be dark blue in color, the inseam must be no less than 4 and 1/2 inches after
shrinkage. They must be worn in combination with the standard City uniform shirt
of the optional (golf style) City uniform shirt, and they must be worn with either
white or blue socks. The optional uniform shall be considered proper and
acceptable year round. Department Directors may make individual exceptions to
this optional uniform agreement through the establishment of Departmental Policy
in the interest of reasonable safety considerations.
PERS Reporting of Uniform Allowance - To the extent permitted by law, the City
shall report to the California Public Employees' Retirement System (Ca1PERS) the
uniform allowance of $95 per year for classifications who receive a uniform as
special compensation in accordance with Title 2, California Code of Regulation,
Section 571(a)(5). Notwithstanding the previous sentence, for "new members" as
defined by the Public Employees' Pension Reform Act of 2013, the uniform
allowance will not be reported as pensionable compensation to Ca1PERS.
Kit]
Newport Beach Employees League 2019-21
M. Voluntary Training Program
The Department shall, when the need for additional or replacement individuals
possessing a commercial driver's license is anticipated, establish a voluntary
training program that will allow employees to qualify for the license.
N. In -Service Supervisory and Safety Training
The City will continue its program of providing supervisory and motivational training
for Supervisors and Crew Chiefs and any additional training required by law.
O. Clean -Up Time
When necessary, each employee shall be permitted up to fifteen (15) minutes of
paid City time at the end of each work shift to perform work related job site and
personal clean-up and to put away tools and equipment. The amount of clean-up
time shall be limited to the actual needs of the employee.
P. Rest Periods
Employees shall be allowed a rest period of fifteen (15) minutes during the first half
of their shift and another rest period of fifteen (15) minutes during the second half
of their shift. Rest periods should be taken as close to mid shift as is possible.
Such rest periods shall be scheduled in accordance with the requirements of the
Department, but in no case shall rest periods be scheduled within one (1) hour of
the beginning or the ending of a work shift or lunch period. The City may designate
the location or locations at which rest periods may be taken.
Rest periods shall be considered hours worked and employees may be required to
perform duties, if necessary.
Q. Service Awards
For the purposes of determining service awards, if an employee has been
employed by the City on more than one occasion, non-consecutive time will be
considered as part of total service. An employee is required to individually notify
the awards committee of all of the service time.
R. Direct Deposit
All employees shall participate in the payroll direct deposit system.
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Newport Beach Employees League 2019-21
S. Salary on Reclassification
An employee who is reclassified will be provided with a minimum salary increase
of five (5%) percent upon reclassification (not to exceed the maximum of the new
salary range).
T. Separability
Should any part of this MOU or any provision herein contained be rendered or
declared invalid, by reason of any existing or subsequently enacted Legislation, or
by decree of a Court of competent jurisdiction, such invalidation of such part or
portion of this MOU shall not invalidate the remaining portion hereto, and same
shall remain in full force and effect.
Signatures are on the next page.
32
Newport Beach Employees League 2019-21
Executed this day of , 2019:
ATTEST:
Leilani Brown, City Clerk
NEWPORT BEACH EMPLOYEES LEAGUE
By: (2�_.
Craig Aug , Pr ident
CITY OF NEWPORT BEACH
By:
Diane Dixon, Mayor
APPROVED AS TO FORM:
By: C
Peter Br n, Special Counsel
33
Newport Beach Employees League 2019-21
EXHIBIT A.1
NEWPORT BEACH EMPLOYEES LEAGUE
MOU Term: January 1, 2019 - December 31, 2021
Effective: December 22, 2018
REPRESENTED POSITION
Auto Parts Buyer
Beach Maint. Supervisor
Concrete Finisher
Concrete Maint. Crew Chief
Concrete Supervisor
Equipment Maint. Supervisor
Equipment Mechanic I
Equipment Mechanic II
Equipment Mechanic, Sr.
Equipment Operator I
Equipment Operator II
Facilities Maint. Crew Chief
Facilities Maint. Supervisor
Facilities Maint. Technician
Facilities Maint. Worker II
Groundsworker I
Groundsworker II
Maint. & Ops. Specialist
Maint. Worker I
Maint. Worker II
Park Maint. Chief
Park Maint. Supervisor
Shuttle Driver
Storm Drain/St. Sweep Chief
Storm Drain/St. Sweep Supervisor
Street Maint. Crew Chief
Street Maint. Supervisor
Utilities Coordinator, SCADA
Utilities Crew Chief
Utilities Specialist
Utilities Specialist, Sr.
Utilities Supervisor
Water Production Operator
Water Production Supervisor
Water Quality Coordinator
1.9% Adjustment
HOURLY PAY RATE 1
MONTHLY PAY RATE Z
MIN
MAX
MIN
MAX
$26.26
$36.99
$4,553
$6,411
$34.37
$48.40
$5,957
$8,389
$26.64
$37.45
$4,618
$6,492
$29.70
$41.83
$5,149
$7,250
$34.37
$48.40
$5,957
$8,389
$34.40
$48.40
$5,963
$8,389
$23.30
$32.75
$4,039
$5,676
$26.94
$37.93
$4,669
$6,574
$29.70
$41.83
$5,149
$7,250
$24.14
$34.01
$4,184
$5,896
$25.39
$35.72
$4,402
$6,192
$29.70
$41.83
$5,149
$7,250
$34.37
$48.40
$5,957
$8,389
$26.64
$37.45
$4,618
$6,492
$21.92
$30.83
$3,800
$5,343
$21.27
$29.94
$3,687
$5,189
$23.43
$33.01
$4,062
$5,722
$29.70
$41.83
$5,149
$7,250
$21.92
$30.83
$3,800
$5,343
$23.01
$32.38
$3,989
$5,613
$29.70
$41.83
$5,149
$7,250
$34.37
$48.40
$5,957
$8,389
$21.12
$29.73
$3,660
$5,152
$29.70
$41.83
$5,149
$7,250
$34.37
$48.40
$5,957
$8,389
$29.70
$41.83
$5,149
$7,250
$34.37
$48.40
$5,957
$8,389
$31.85
$44.84
$5,521
$7,772
$29.70
$41.83
$5,149
$7,250
$24.62
$34.65
$4,268
$6,006
$26.46
$37.24
$4,587
$6,455
$34.37
$48.40
$5,957
$8,389
$31.20
$43.90
$5,408
$7,609
$36.12
$50.82
$6,261
$8,809
$34.37
$48.40
$5,957
$8,389
1 Hourly pay rates are rounded to the nearest hundredth.
Z Monthly pay rates are rounded to nearest whole dollar.
34
EXHIBIT A.2
NEWPORT BEACH EMPLOYEES LEAGUE
MOU Term: January 1, 2019 - December 31, 2021
Effective: December 21, 2019
1.9% Adjustment
REPRESENTED POSITION
Auto Parts Buyer
Beach Maint. Supervisor
Concrete Finisher
Concrete Maint. Crew Chief
Concrete Supervisor
Equipment Maint. Supervisor
Equipment Mechanic I
Equipment Mechanic II
Equipment Mechanic, Sr.
Equipment Operator I
Equipment Operator II
Facilities Maint. Crew Chief
Facilities Maint. Supervisor
Facilities Maint. Technician
Facilities Maint. Worker II
Groundsworker I
Groundsworker II
Maint. & Ops. Specialist
Maint. Worker I
Maint. Worker II
Park Maint. Chief
Park Maint. Supervisor
Shuttle Driver
Storm Drain/St. Sweep Chief
Storm Drain/St. Sweep Supervisor
Street Maint. Crew Chief
Street Maint. Supervisor
Utilities Coordinator, SCADA
Utilities Crew Chief
Utilities Specialist
Utilities Specialist, Sr.
Utilities Supervisor
Water Production Operator
Water Production Supervisor
Water Quality Coordinator
HOURLY PAY RATE 1
MIN MAX
MONTHLY PAY RATE Z
MIN MAX
$26.76
$37.69
$4,639
$6,533
$35.02
$49.32
$6,070
$8,548
$27.15
$38.16
$4,705
$6,615
$30.27
$42.62
$5,246
$7,388
$35.02
$49.32
$6,070
$8,548
$35.06
$49.32
$6,077
$8,548
$23.74
$33.37
$4,115
$5,784
$27.45
$38.65
$4,758
$6,699
$30.27
$42.62
$5,246
$7,388
$24.60
$34.66
$4,263
$6,008
$25.88
$36.40
$4,485
$6,309
$30.27
$42.62
$5,246
$7,388
$35.02
$49.32
$6,070
$8,548
$27.15
$38.16
$4,705
$6,615
$22.34
$31.41
$3,872
$5,445
$21.68
$30.50
$3,757
$5,287
$23.88
$33.64
$4,139
$5,830
$30.27
$42.62
$5,246
$7,388
$22.34
$31.41
$3,872
$5,445
$23.45
$33.00
$4,065
$5,720
$30.27
$42.62
$5,246
$7,388
$35.02
$49.32
$6,070
$8,548
$21.52
$30.29
$3,730
$5,250
$30.27
$42.62
$5,246
$7,388
$35.02
$49.32
$6,070
$8,548
$30.27
$42.62
$5,246
$7,388
$35.02
$49.32
$6,070
$8,548
$32.46
$45.69
$5,626
$7,919
$30.27
$42.62
$5,246
$7,388
$25.09
$35.31
$4,349
$6,121
$26.97
$37.95
$4,674
$6,578
$35.02
$49.32
$6,070
$8,548
$31.80
$44.73
$5,511
$7,754
$36.80
$51.79
$6,379
$8,976
$35.02
$49.32
$6,070
$8,548
1 Hourly pay rates are rounded to the nearest hundredth.
Z Monthly pay rates are rounded to nearest whole dollar.
35
EXHIBIT A.3
NEWPORT BEACH EMPLOYEES LEAGUE
MOU Term: January 1, 2019 - December 31, 2021
Effective: December 19, 2020
1.92% Adjustment
REPRESENTED POSITION
Auto Parts Buyer
Beach Maint. Supervisor
Concrete Finisher
Concrete Maint. Crew Chief
Concrete Supervisor
Equipment Maint. Supervisor
Equipment Mechanic I
Equipment Mechanic II
Equipment Mechanic, Sr.
Equipment Operator I
Equipment Operator II
Facilities Maint. Crew Chief
Facilities Maint. Supervisor
Facilities Maint. Technician
Facilities Maint. Worker II
Groundsworker I
Groundsworker II
Maint. & Ops. Specialist
Maint. Worker I
Maint. Worker II
Park Maint. Chief
Park Maint. Supervisor
Shuttle Driver
Storm Drain/St. Sweep Chief
Storm Drain/St. Sweep Supervisor
Street Maint. Crew Chief
Street Maint. Supervisor
Utilities Coordinator, SCADA
Utilities Crew Chief
Utilities Specialist
Utilities Specialist, Sr.
Utilities Supervisor
Water Production Operator
Water Production Supervisor
Water Quality Coordinator
HOURLY PAY RATE 1
MONTHLY PAY RATE Z
MIN
MAX
MIN
MAX
$27.28
$38.42
$4,728
$6,659
$35.69
$50.26
$6,186
$8,712
$27.67
$38.90
$4,796
$6,742
$30.85
$43.44
$5,347
$7,530
$35.69
$50.26
$6,186
$8,712
$35.73
$50.27
$6,193
$8,713
$24.20
$34.01
$4,194
$5,895
$27.98
$39.39
$4,849
$6,827
$30.85
$43.44
$5,347
$7,530
$25.07
$35.33
$4,345
$6,123
$26.37
$37.10
$4,571
$6,431
$30.85
$43.44
$5,347
$7,530
$35.69
$50.26
$6,186
$8,712
$27.67
$38.90
$4,796
$6,742
$22.77
$32.02
$3,946
$5,550
$22.09
$31.09
$3,829
$5,389
$24.34
$34.28
$4,218
$5,942
$30.85
$43.44
$5,347
$7,530
$22.77
$32.02
$3,946
$5,550
$23.90
$33.63
$4,143
$5,829
$30.85
$43.44
$5,347
$7,530
$35.69
$50.26
$6,186
$8,712
$21.93
$30.87
$3,802
$5,351
$30.85
$43.44
$5,347
$7,530
$35.69
$50.26
$6,186
$8,712
$30.85
$43.44
$5,347
$7,530
$35.69
$50.26
$6,186
$8,712
$33.08
$46.57
$5,734
$8,071
$30.85
$43.44
$5,347
$7,530
$25.57
$35.99
$4,432
$6,238
$27.48
$38.68
$4,764
$6,704
$35.69
$50.26
$6,186
$8,712
$32.41
$45.59
$5,617
$7,903
$37.51
$52.78
$6,502
$9,149
$35.69
$50.26
$6,186
$8,712
1 Hourly pay rates are rounded to the nearest hundredth.
z Monthly pay rates are rounded to nearest whole dollar.
36
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; the foregoing resolution, being Resolution
No. 2019-6 was duly introduced before and adopted by the City Council of said City at a regular meeting of
said Council held on the 22nd day of January, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Brad Avery, Council Member Duffy Duffield, Council Member Jeff
Herdman, Mayor Pro Tem Will O'Neill, Mayor Diane Dixon
NAYS: None
ABSTAIN: Council Member Joy Brenner
ABSENT: Council Member Kevin Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 23,d day of January, 2019.
Leilani I. Krown
City Clerk
Newport Beach, California