HomeMy WebLinkAbout2019-58 - Approving the Side Letter of "Agreement to the Memorandum of Understanding Between the City of Newport Beach and the Newport Beach Firefighters AssociationRESOLUTION NO. 2019-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING THE SIDE
LETTER OF "AGREEMENT TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF NEWPORT
BEACH AND THE NEWPORT BEACH FIREFIGHTERS
ASSOCIATION
WHEREAS, the City of Newport Beach ("City") and the Newport Beach Firefighters
Association ("NBFA") have entered into a Memorandum of Understanding ("MOU")
regarding wages, benefits, and other terms and conditions of employment for the period
January 1, 2019 - December 31, 2021;
WHEREAS, representatives from the City and NBFA wish to modify the MOU as it
relates to the subject of compensation for Firefighter/Paramedics by modifying the pay
from an assignment pay to a rank for employees hired as Firefighter/Paramedics after
January 1, 2016;
WHEREAS, representatives from the City and NBFA met and conferred in good
faith regarding the modification of compensation for Firefighter/Paramedics, which
agreement is memorialized in that certain Side Letter of Agreement between City and
NBFA ("Side Letter Agreement'), a copy of which is attached hereto as Exhibit 1 and
incorporated herein by reference; and
WHEREAS, the City Council of the City of Newport Beach desires to amend the
MOU by approving the Side Letter Agreement and authorizing the City Manager to
execute the Side Letter Agreement substantially in conformance with Exhibit 1.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby approve the Side Letter Agreement
and authorizes the City Manager to execute the Side Letter Agreement substantially in
conformance with Exhibit 1 on behalf of the City.
Section 2: All recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2019-58
Page 2 of 2
Section 3: If any section, subsection, sentence, clause or phrase of this
resolution is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council find the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 5: 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 25th day of June 2019.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
4
C , '--
Aaron C. Harp
City Attorney
Attachment: Exhibit 1 - Side Letter of Agreement between the City and NBFA
EXHIBIT 1
SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION
This Side Letter of Agreement ("Agreement") between the City of Newport Beach
("City") and the Newport Beach Firefighters Association ("Association") (collectively
"Parties") is entered into with respect to the following:
WHEREAS, the parties recently negotiated a successor Memorandum of
Understanding ("MOU") with a term of January 1, 2019 — December 31, 2021; and
WHEREAS, the parties wish to modify their MOU as it relates to the subject of
compensation for Firefighter/Paramedics by modifying the pay from an assignment pay
to a rank for employees hired as Firefighter/Paramedics after January 1, 2016; and
WHEREAS, the effective date of the changes below is the first day of the pay
period following City Council approval of this Agreement; and
WHEREAS, the following sets forth the parties' agreement:
1. Section 2, subsection B, of the parties' MOU is modified as can be seen by the
track changes below:
SECTION 2 — COMPENSATION
B. Salary Differential
1. The adjustments to salary and total compensation described in this
Section shall maintain the salary differentials between the classification
of Firefighter (benchmark classification) and the other classifications
represented by NBFA, as set forth below, so there is an appropriate
internal relationship among the primary classifications represented by
NBFA. Subject to the foregoing, the salaries specified below or total
compensation, as appropriate, shall be subject to the following
minimum salary differentials between classifications:
Percent of
Firefighter
Firefighter Series Top Step
Firefighter N/A
Fire Engineer 112.60%
Firefighter Paramedic hired on or after 1/1/16 117.25%
Firefi hter Paramedic hired prior to 1/1/16 122.25%
Line Captain 132,00%
Staff Captains shall receive an additional 7.5% of base pay over
Line Captains. Assignment as a Staff Captain is for a maximum for
two years unless extended by the Fire Chief.
2--Parara4edia-Ray-l=er- irefghter-s-Wo4ang-asediGa-Hjre"n-er
After .1,ant&W-1; 294-6--Rireflghters-hired-en-orafter 4anuary 1, 20M
gill-not-be-plased-irate-the-Raramedie slassifisatieH.---They-will-remain
in-Nae-Prefighterslassifisatien and-receive-Paramedio Pay o '',-,'-,-z5;&-
-the parties-agree-that-te-the extent-per-mWed4y4aw�Paranaedie-Rey
is-spesia!-sarnpensatiar e-reportarl te-SalR_&R. S--as-sWsh
pursuant -to Title -2 GGR, Seetion-57a (2) and 571. W(2)-.
2, Section 2, subsection I, of the parties' MOU is modified as can be seen by the
track changes below:
SECTION 2 - COMPENSATION
Temporary Upgrading of Employees
Move up Assignment
A move up assignment shall be defined as the temporary
assignment of an employee to work in a job classification which is
higher than his or her current classification. A move up employee
shall meet the minimum requirements for the position to which they
are moved up to. Such employees shall be deemed "Acting
Appointments" after their 6th consecutive shift,
If the employee is moved -up for five (5) hours or more, the move -
up compensation (for time actually working in the moved up
assignment) shall be computed as follows:
Firefighter to Engineer Regular rate +5%
Firefighter (hired prior to January 1, 2016)
to Paramedic Regular rate -+22,25%
Firefighter (hired on or after January 1, 2016)
to Firefighter Paramedic Regular rate + 17.25%
Firefighter to Captain Regular rate +5%
Engineer (hired prior to January 1, 2016)
to Paramedic Regular rate
+9,75%
Engineer to Captain Regular rate +5%
Paramedic to Captain Regular rate +5%
Captain to Battalion Chief Regular rate +5%
If an employee is moved up and is using leave, the leave time shall
be paid at the employee's regular rate of pay in the rank from which
he/she was moved up. Time accumulated working in a move up
position shall not be applied towards the probationary period or
count as "time in rank" for the purpose of seniority.
The following positions shall be considered for move -up
assignments:
Fire Battalion Chief
Fire Captain
Fire Paramedic
Fire Engineer
Assignments to a move up position shall be made at the sole
discretion of the Fire Chief and are limited to a maximum time
period of 360 days.
The parties agree that to the extent permitted by law, pay for move
up assignments is special compensation and shall be reported to
CalPERS as such pursuant to Title 2 CCR, Section 571(a)(3) but
not for new members as defined by the Public Employees' Pension
Reform Act of 2013.
3. The parties agree that all references in their MOU to the term "Fire Paramedic"
are changed to "Firefighter Paramedic".
4. The parties agree that the salary schedule to their MOU in Exhibits A1. A2 and
A3 will be updated to include the salary range for Firefighter Paramedic 17.25%.
5. The job description for Firefighter Paramedic as modified is attached to this
Agreement as Attachment A.
FOR THE CITY OF NEWPORT BEACH
a�&PAV
Barbara Salvini, V Date
Human Resources Director
FOR THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION
Bobby Yalerno
NBFA President
APP;ED,AS TO FORM
Peter Brown
Step n H. Silver
6 -/O -/s
Date
`1
Date
Date
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
MOU TERM: JANUARY 1, 2019 - DECEMBER 31, 2021
Salary Schedule for Represented Sworn and Non -Sworn Positions
Revised: June 22, 2019
1 Hourly pay rates are rounded to the nearest hundredth.
2 Monthly pay rates are rounded to the nearest whole dollar.
*Pay rates may vary slightly due to rounding.
3 Temporary staff/administrative assignments.
Salary Schedule approved by Governing Body (City Council): June 11, 2019
HOURLY RATE'
MONTHLY SALARY 2
REPRESENTED POSITION
Min
Max
Min
Max
Fire Captain 112 Hours
$30.40
$42.78
$7,377
$10,382
Fire Captain 80 Hours 3
$42.56
$59.89
$7,378
$10,382
Fire Captain+ 7.5% Assignment
$45.76
$64.38
$7,931
$11,160
Fire Engineer 112 Hours
$25.90
$36.44
$6,285
$8,842
Fire Engineer 80 Hours 3
$36.26
$51.01
$6,285
$8,842
Fire Facilities Coordinator
$30.20
$42.51
$5,234
$7,368
Firefighter 112 Hours
$21.95
$32.42
$5,326
$7,868
Firefighter 80 Hours
$30.73
$45.40
$5,326
$7,869
Firefighter Paramedic 17.25 112
$27.02
$38.02
$6,557
$9,226
Firefighter Paramedic -1 7.25 80
$37.83
$53.23
$6,557
$9,227
Firefighter Paramedic -22.25-112
$28.22
$39.70
$6,848
$9,634
Firefighter Paramedic -22.25-80
$39.51
$55.58
$6,848
$9,634
Life Safety Specialist 1
$34.54
$48.60
$5,987
$8,425
Life Safety Specialist II
$38.01
$53.49
$6,588
$9,272
Life Safety Specialist III
$41.79
$58.81
$7,244
$10,194
1 Hourly pay rates are rounded to the nearest hundredth.
2 Monthly pay rates are rounded to the nearest whole dollar.
*Pay rates may vary slightly due to rounding.
3 Temporary staff/administrative assignments.
Salary Schedule approved by Governing Body (City Council): June 11, 2019
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
MOU TERM: JANUARY 1, 2019 - DECEMBER 31, 2021
Salary Schedule for Represented Sworn and Non -Sworn Positions
Revised: December 21, 2019, 2.0% Cost -of -Living
Adjustment
HOURLY RATE'
MONTHLY SALARY Z
REPRESENTED POSITION
Min
Max
Min
Max
Fire Captain 112 Hours
$31.01
$43.64
$7,525
$10,589
Fire Captain 80 Hours 3
$43.42
$61.09
$7,525
$10,589
Fire Captain+ 7.5% Assignment
$46.67
$65.67
$8,090
$11,383
Fire Engineer 112 Hours
$26.42
$37.17
$6,411
$9,019
Fire Engineer 80 Hours 3
$36.98
$52.03
$6,411
$9,019
Fire Facilities Coordinator
$30.80
$43.36
$5,339
$7,516
Firefighter 112 Hours
$22.39
$33.07
$5,433
$8,026
Firefighter 80 Hours
$31.34
$46.30
$5,433
$8,026
Firefighter Paramedic 17.25 112
$27.56
$38.78
$6,688
$9,411
Firefighter Paramedic -1 7.25 80
$38.59
$54.30
$6,689
$9,412
Firefighter Paramedic -22.25-112
$28.78
$40.50
$6,985
$9,827
Firefighter Paramedic -22.25-80
$40.30
$56.69
$6,985
$9,827
Life Safety Specialist 1
$35.23
$49.58
$6,107
$8,593
Life Safety Specialist II
$38.77
$54.56
$6,720
$9,457
Life Safety Specialist III
$42.63
$59.99
$7,389
$10,398
1 Hourly pay rates are rounded to the nearest hundredth.
z Monthly pay rates are rounded to the nearest whole dollar.
*Pay rates may vary slightly due to rounding.
3 Temporary staff/administrative assignments.
Salary Schedule approved by Governing Body (City Council): June 11, 2019
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
MOU TERM: JANUARY 1, 2019 - DECEMBER 31, 2021
Salary Schedule for Represented Sworn and Non -Sworn Positions
Revised: December 19, 2020, 2.0% Cost -of -Living
Adjustment
HOURLY RATE'
MONTHLY SALARY 2
REPRESENTED POSITION
Min
Max
Min
Max
Fire Captain 112 Hours
$31.63
$44.51
$7,675
$10,801
Fire Captain 80 Hours 3
$44.28
$62.31
$7,676
$10,801
Fire Captain+ 7.5% Assignment
$47.61
$66.99
$8,252
$11,611
Fire Engineer 112 Hours
$26.95
$37.91
$6,539
$9,200
Fire Engineer 80 Hours 3
$37.72
$53.07
$6,539
$9,200
Fire Facilities Coordinator
$31.42
$44.23
$5,445
$7,666
Firefighter 112 Hours
$22.83
$33.73
$5,541
$8,186
Firefighter 80 Hours
$31.97
$47.23
$5,542
$8,187
Firefighter Paramedic 17.25 112
$28.11
$39.56
$6,822
$9,599
Firefighter Paramedic 17.2580
$39.36
$55.38
$6,822
$9,600
Firefighter Paramedic -22.25-112
$29.36
$41.30
$7,124
$10,023
Firefighter Paramedic -22.25-80
$41.10
$57.83
$7,124
$10,023
Life Safety Specialist 1
$35.93
$50.57
$6,229
$8,765
Life Safety Specialist II
$39.54
$55.65
$6,854
$9,646
Life Safety Specialist III
$43.48
$61.19
$7,537
$10,606
1 Hourly pay rates are rounded to the nearest hundredth.
2 Monthly pay rates are rounded to the nearest whole dollar.
*Pay rates may vary slightly due to rounding.
3 Temporary staff/administrative assignments.
Salary Schedule approved by Governing Body (City Council): June 11, 2019
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. 2019-58 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 251h day of June, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 261h day of June, 2019.
aV4JsrWK-
Leilani
I. Brown
City Clerk
Newport Beach, California