HomeMy WebLinkAboutC-2058(A) - MOU's - Association of Newport Beach Ocean Lifeguards (ANBOL)SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF NEWPORT BEACH
AND
THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
This Side Letter of Agreement ("Agreement") is made and entered into by and between the City
of Newport Beach ("City") and the Association of Newport Beach Ocean Lifeguards ("ANBOL")
(collectively "Parties") with respect to the following:
WHEREAS, on September 13, 2022, the City Council adopted Resolution No. 2022-57
approving a Memorandum of Understanding ("MOU") between the Parties with a term of
September 13, 2022, through June 30, 2025;
WHEREAS, to aid in the recruitment and retention of valuable employees, the Parties
wish to modify the MOU;
WHEREAS, on A a r'c,� e
Association; and
2023, this Agreement was ratified by the
WHEREAS, this Agreement will not have the effect of an agreement, and will not be
binding on either party, until it is approved by the City Council.
NOW, THEREFORE, it is mutually agreed between the Parties as follows:
Section 2, Compensation, Salary Adjustments, of the MOU is amended to add a
Subsection A.S, which shall read as follows:
5. Effective the pay period which includes July 1, 2023, the City will add a
new top step ("New Top Step") to the salary schedule for all represented positions,
which shall be five percent (5%) more than the current top step ("Current Top
Step"). The Parties acknowledge and agree that the first step for all represented
positions currently in effect is not being eliminated.
With the following exception, step advancement through the salary ranges is
unaffected by the addition of the New Top Step:
Employees who have been at the Current Top Step for longer than 12 months
as of June 30, 2023, will advance to the New Top Step in the pay period which
includes July 1, 2023.
2. Exhibit "A" of the MOU is replaced in its entirety with Exhibit A to this Agreement,
which is attached hereto and incorporated herein by this reference.
3. Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the MOU shall remain unchanged and shall be in full force and effect.
Signatures on the next page
ANBOL Side Letter Agreement — July 2023
Executed thi6 I L day of e\P i2 1L , 2023.
FOR THE ASSOCIATION OF NEWPORT BEACH OCEAN
LIFEGUARDS:
Dan Moq�1y, Presi t
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
By: C
Aaron C. Harp, City Attorney
ATTEST:
By: ,
Leilam Bro�vA, City Clerk U ?"
�14f 4.
JRN�
Attachment: Exhibit A — Salary Schedule
ANBOL Side Letter Agreement — July 2023
EXHIBIT J: Side Letter of Agreement Between the City and ANBOL
The City of Newport Beach
Association of Newport Beach Ocean Lifeguards Salary Schedule Adjustment
MOU Term: September 13, 2022 - June 30, 2025 (Exhibit A)
Effective July 1, 2023 - Additional Step
Lifeguard I P/T
05B
1
$
19.06
$
3,304
$
39,644
Lifeguard I P/T
05B
2
$
20.02
$
3,469
$
41,633
Lifeguard I P/T
05B
3
$
21.02
$
3,644
$
43,731
Lifeguard I P/T
05B
4
$
22.08
$
3,826
$
45,917
Lifeguard I P/T
05B
5
$
23.18
$
4,018
$
48,212
Lifeguard 11 P/T
25
1
$
23.18
$
4,018
$
48,211
Lifeguard II P/T
25
2
$
24.33
$
4,218
$
50,615
Lifeguard II P/T
25
3
$
25.55
$
4,429
$
53,151
Lifeguard II P/T
25
4
$
26.83
$
4,651
$
55,808
Lifeguard II P/T
25
5
$
28.17
$
4,883
$
58,598
Lifeguard III P/T
35
1
$
23.18
$
4,018
$
48,211
Lifeguard III P/T
35
2
$
24.33
$
4,218
$
50,615
Lifeguard III P/T
35
3
$
25.55
$
4,429
$
53,151
Lifeguard III P/T
35
4
$
26.83
$
4,651
$
55,808
Lifeguard III P/T
35
5
$
28.17
$
4,883
$
58,598
Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar.
Actual rates may vary slightly due to rounding.
EXHIBIT J: Side Letter of Agreement Between the City and ANBOL
The City of Newport Beach
Association of Newport Beach Ocean Lifeguards Salary Schedule Adjustment
MOU Term: September 13, 2022 - June 30, 2025 (Exhibit A)
Effective July 15, 2023 - 3% Cost -of -Living Adjustment (COLA)
Lifeguard I P/T
05B
1
$
19.63
$
3,403
$
40,834
Lifeguard I P/T
05B
2
$
20.62
$
3,574
$
42,882
Lifeguard I P/T
05B
3
$
21.66
$
3,754
$
45,043
Lifeguard I P/T
05B
4
$
22.74
$
3,941
$
47,294
Lifeguard I P/T
05B
5
$
23.87
$
4,138
$
49,659
Lifeguard 11 P/T
25
1
$
23.87
$
4,138
$
49,658
Lifeguard II P/T
25
2
$
25.06
$
4,344
$
52,134
Lifeguard II P/T
25
3
$
26.32
$
4,562
$
54,745
Lifeguard II P/T
25
4
$
27.64
$
4,790
$
57,482
Lifeguard II P/T
25
5
$
29.02
$
5,030
$
60,356
Lifeguard III P/T
35
1
$
23.87
$
4,138
$
49,658
Lifeguard III P/T
35
2
$
25.06
$
4,344
$
52,134
Lifeguard III P/T
35
3
$
26.32
$
4,562
$
54,745
Lifeguard III P/T
35
4
$
27.64
$
4,790
$
57,482
Lifeguard III P/T
35
5
$
29.02
$
5,030
$
60,356
Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar.
Actual rates may vary slightly due to rounding.
EXHIBITJ: Side Letter of Agreement Between the City and ANBOL
The City of Newport Beach
Association of Newport Beach Ocean Lifeguards Salary Schedule Adjustment
MOU Term: September 13, 2022 - June 30, 2025 (Exhibit A)
Effective July 13, 2024 - 3% Cost -of -Living Adjustment (COLA)
Lifeguard I P/T
05B
1
$
20.22
$
3,505
$
42,059
Lifeguard I P/T
05B
2
$
21.23
$
3,681
$
44,169
Lifeguard I P/T
05B
3
$
22.30
$
3,866
$
46,394
Lifeguard I P/T
05B
4
$
23.42
$
4,059
$
48,713
Lifeguard I P/T
05B
5
$
24.59
$
4,262
$
51,149
Lifeguard II P/T
25
1
$
24.59
$
4,262
$
51,147
Lifeguard 11 P/T
25
2
$
25.82
$
4,475
$
53,698
Lifeguard 11 P/T
25
3
$
27.11
$
4,699
$
56,387
Lifeguard II P/T
25
4
$
28.46
$
4,934
$
59,207
Lifeguard II P/T
25
5
$
29.89
$
5,181
$
62,167
Lifeguard III P/T
35
1
$
24.59
$
4,262
$
51,147
Lifeguard III P/T
35
2
$
25.82
$
4,475
$
53,698
Lifeguard III P/T
35
3
$
27.11
$
4,699
$
56,387
Lifeguard III P/T
35
4
$
28.46
$
4,934
$
59,207
Lifeguard III P/T
35
5
$
29.89
$
5,181
$
62,167
Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar.
Actual rates may vary slightly due to rounding.
SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF NEWPORT BEACH
AND
THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
This Side Letter of Agreement ("Agreement") is made and entered into this 29 day of
W 0 V trVa L t:L 2022, by and between the City of Newport Beach ("City") and the
Association of Newport Beach Ocean Lifeguards ("ANBOL") (collectively "Parties") with
respect to the following:
WHEREAS, on September 13, 2022, the City Council adopted Resolution No.
2022-57 approving a Memorandum of Understanding ("MOU") between the Parties with
a term of September 13, 2022, through June 30, 2025;
WHEREAS, given increases in the cost of medical insurance and to aid in the
recruitment and retention of valuable employees, the Parties wish to modify the MOU; and
WHEREAS, this Agreement will not have the effect of an agreement, and will not
be binding on either party, until it is ratified by the affected bargaining unit and approved
by the City Council.
NOW, THEREFORE, it is mutually agreed between the Parties as follows:
1. The following language in Section 4.H.2 Fringe Benefits, Retirement
Benefit, California Public Employees' Retirement System (Ca1PERS), of the MOU is
amended to read as follows:
2. California Public Employees' Retirement System (Ca1PERS)
It is the employees' responsibility to notify the Human Resources
Department of outside employment. If the City is notified by CaIPERS that an ANBOL
member has become a Ca1PERS member through working at another Ca1PERS agency,
said employee is responsible for reimbursing the City their portion of cost sharing as
required by all members and outlined below, pursuant to Government Code §20516(f).
Ca1PERS will invoice their member for the employee rate only. For example, a PEPRA
member may receive an invoice from PERS for 11.5% of pensionable compensation;
however, the ANBOL member will still need to reimburse the City 2.1% of pensionable
compensation for a total of 13.6%. The City will remind employees of this obligation at
the start of the season.
The following provisions apply only to bargaining unit members
enrolled in Ca1PERS as Safety members, consistent with the City's contract with
Ca1PERS:
ANBOL Side Letter Agreement Page 1 of 4
Tier I: For employees hired by the City as safety members on or before
November 23, 2012, the retirement formula shall be 3% @ 50 calculated on the basis
of the highest consecutive 12 months.
Tier II: For employees first hired by the City as safety members
between November 24, 2012 and December 31, 2012, or hired on or after January 1,
2013 and who are not new members as defined in Government Code Section
7522.04(0, the retirement formula is 2% @ 50 calculated on the basis of the highest
36 month period selected by employee.
Tier III: For employees first hired by the City as safety members on or
after January 1, 2013, who are new members, as defined in Government Code Section
7522.04(0, the retirement formula shall be 2.7% @ 57 calculated on the basis of the
highest consecutive 36-month period selected by employees.
Employee Contributions
Tier I & Tier II Safety Employees — ANBOL Tier I and Tier II safety
employees will contribute the full statutory member contribution, equal to nine percent
(9%) of pensionable compensation, plus an additional 4.6% of pensionable
compensation toward retirement costs as permitted under Government Code section
20516(0, for a total contribution of 13.6%.
Temporary Reduction. Effective the pay period that includes January
1, 2023, Tier I and Tier II safety employees shall contribute a total employee
contribution as follows: Nine percent (9%) member contributions, and an additional
contribution of 3.1 % compensation earnable as cost sharing pursuant to Government
Code section 20516(0, such that the total employee contribution equals no Less than
12.1% of compensation earnable or 50% of the total normal cost for PEPRA safety
employees, whichever is greater, but in no event shall total employee contribution
exceed 13.6%. This reduction in the employee contribution rate sunsets at the end of
the last full pay period in December 2024. Accordingly, effective the pay period that
includes January 1, 2025, Tier I and Tier II safety employees shall contribute a total
employee contribution of 13.6% as follows: 9% member contribution and 4.6% of
compensation earnable as cost sharing per Government Code section 20516(0.
Tier III Safety Employees — In addition to the statutorily required 50%
contribution of total normal costs ("member contribution rate"), Tier III safety
employees shall contribute an additional amount of pensionable compensation
toward retirement costs pursuant to Government Code section 20516(f) so that their
contribution equals a total contribution of 13.6% of pensionable compensation.
Temporary Reduction. Effective the pay period that includes January
1, 2023, the minimum statutory employee contribution for safety employees in Tier
III is subject to the provisions of PEPRA and equals 50% of the total normal cost. Tier
III safety employees shall make an additional contribution of pensionable
compensation toward retirement pursuant to Government Code section 20516(0, such
ANBOL Side Letter Agreement Page 2 of 4
that the total employee contribution equals no less than 12.1% of pensionable
compensation or 50% of the total normal cost for PEPRA safety employees (i.e., the
greater of 12.1% or 50% of the "total normal cost"). This reduction in the employee
contribution rate sunsets at the end of the last full pay period in December 2024.
Accordingly, effective the pay period that includes January 1, 2025, the minimum
statutory employee contribution for safety employees in Tier III is subject to the
provisions of PEPRA and equals 50% of the total normal cost. Tier III safety
employees shall make an additional contribution of pensionable compensation toward
retirement pursuant to Government Code section 20516(f), such that the total
employee contribution equals no less than 13.6% of pensionable compensation (i.e.,
the greater of 13.6% or 50% of the "total normal cost").
If in future fiscal years the member contribution rate for safety
employees in Tier III shall become greater or less, as determined by Ca1PERS
valuations, the additional contribution made by the employee under Government Code
section 20516(f) will be increased or decreased accordingly so that the total employee
contribution equals 13.6% of pensionable compensation. Provided however, that the
employee contribution shall never fall below the statutorily required contribution.
2. Except as expressly modified herein, all other provisions, terms, and covenants set
forth in the MOU shall remain unchanged and shall be in full force and effect.
Signatures on the next page
ANBOL Side Letter Agreement Page 3 of 4
Executed this ¶' day of e ^6 ' , 2022
ATTEST:
By:
FOR THE ASSOCIATION OF NEWPORT BEACH OCEAN
LIFEGUARDS:
FOR THE CITY OF
By:
Kevin V doon, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
By:
—i--�-----
Aaron C. Harp, City Attorney
Leilani Br• n, City Clerk
ANBOL Side Letter Agreement Pagc 4 of 4
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE ASSOCIATION OF NEWPORT BEACH
OCEAN LIFEGUARDS
September 13, 2022 through June 30, 2025
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
September 13, 2022 - June 30, 2025
TABLE OF CONTENTS
Preamble
Section 1. General Provisions
Recognition 1
Duration of Memorandum 2
Employee Data and Access 2
Conclusiveness 2
Modifications 2
Savings 2
Subcontracting 3
Section 2. Compensation
Salary Adjustments 3
Bilingual Pay 4
EMT Pay 4
Compensation for Overtime 4
Assignment Pay for Lifeguard II and III Classification 5
Temporary Upgrading of Employees 5
Section 3. Work Hours and Staffing
Staffing 5
Work Hours Standards 6
Section 4. Fringe Benefits
Equipment Allotment 6
Sunscreen 6
Skin Cancer Screening 6
Uniforms and Assigned Equipment 6
Parking Passes 7
Identification Card 7
Other Benefits Not Guaranteed 7
Retirement Benefit 7
Flex Leave 8
Section 5. Miscellaneous
Disciplinary Actions 9
Orientation 9
Work Access 9
Leave of Absence 10
Safety Committee 10
Labor Management Committee 10
Exhibit A Represented Classification and Pay Rates 12
ii
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND THE
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU")
is entered into with reference to the following:
PREAMBLE
1 The Association of Newport Beach Ocean Lifeguards ("ANBOL" or
"Association"), a recognized employee organization, and the City of Newport
Beach ("City"), a municipal corporation and charter city, have been meeting and
conferring, in good faith, with respect to wages, hours, fringe benefits and other
terms and conditions of employment.
This MOU represents the total and complete understanding and agreement
between the parties regarding all matters within the scope of representation.
Except as limited herein, the City retains all management rights as set forth in the
Meyers-Milias-Brown Act and Resolution 2001-50.
SECTION 1. — General Provisions
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach,
the Meyers Milias Brown Act of the State of California and the provisions of the
Employer/Employee Relations Resolution No. 2001-50, the City acknowledges
that the Association is the majority representative for the purpose of meeting and
conferring regarding wages, hours and other terms and conditions of employment
for all employees in those classifications of Lifeguard I, II, and III, or as
appropriately modified in accordance with the Employer/Employee Relations
Resolution. All other classifications and positions are excluded from
representation by the Association.
Recognition is limited to employees who are considered "Active Employees" in a
Lifeguard I, II, or III position. Active Employees have worked in such positions for
the City of Newport Beach during the most recent summer season (or the
summer season the year preceding the most recent season if they took an
approved leave of absence and missed the most recent year) and have worked
240 cumulative hours in the classifications of Lifeguard I, II, or III by July 1 of the
calendar year. An Active Employee is an individual who has completed the Fire
Department's recertification class with the expectation of working the minimum
hours required under Section 3, Work Hours and Staffing section. All other
employees are excluded.
1 ANBOL MOU 2022-2025
With the approval of the 2017-2021 MOU, the parties agreed to eliminate the
Lifeguard 111 position. Employees classified as Lifeguard III on or before June 30,
2017 will remain "grandfathered" in the classification. However, the parties agree
that since that classification has been phased out, no additional employees may
be assigned to a Lifeguard III position.
B. Duration of Memorandum
1. Except as specifically provided otherwise, any ordinance, resolution or
action of the City Council necessary to implement this MOU shall be
considered effective as of September 13, 2022. This MOU shall remain in
full force and effect until June 30, 2025, and the provisions of this MOU
shall continue after the expiration date of this MOU in the event the parties
are meeting and conferring on a successor MOU.
2. The terms and conditions of this MOU shall prevail over conflicting
provisions of the Newport Beach City Charter, the ordinances, resolutions
and policies of the City of Newport Beach, and federal and state statutes,
rules and regulations which either specifically provide that agreements
such as this prevail, confer rights which may be waived by any collective
bargaining agreement, or are, pursuant to decisional or statutory law,
superseded by the provisions of an agreement similar to this MOU.
C. Employee Data and Access
Each July, the City shall provide the Association a regular list of all bargaining
unit members including name, contact information (including e-mail) and job title.
For those members who specifically ask that their personal information not be
given out, email contact information only will be provided.
D. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed upon
by the parties.
E. Modifications
Any agreement, alteration, understanding, variation, or waiver or modification of
any of the terms or provisions of this MOU shall not be binding upon the parties,
unless contained in a written document executed by authorized representatives
of the parties.
Savings
Should any part of this MOU be rendered or declared illegal or invalid by
legislation, decree of court of competent jurisdiction or other established
2 ANBOL MOU 2022-2025
governmental administrative tribunal, such invalidation shall not affect the
remaining portions of this MOU.
G. Subcontracting
As provided in the Employer -Employee Relations Resolution No. 2001-50, the
City shall determine the manner in which City services are to be provided,
including whether the City should provide services directly or contract out work,
including work that is currently being performed by Association members. In the
event the City introduces a plan to outsource services currently being performed
by Association members to achieve greater efficiency and/or cost savings, and
upon request by the Association, the City shall meet and confer with Association
representatives to discuss the impacts of the City's decision to contract out work,
a minimum of sixty (60) days prior to contracting out such services. The City shall
retain sole authority to decide whether or not to contract out work, including work
that is currently being performed by Association members. This provision shall
not limit the City's authority to enter into such an agreement for any City services.
SECTION 2. — Compensation
A. Salary Adjustments
1. Effective the first day of the pay period following City Council adoption of this
MOU, the City will do the following:
a. Eliminate Step 1 of Lifeguard II Salary Schedule; and
b. Add a new five percent (5%) top step (which will be called Step 4
because Step 1 is being eliminated) to the Lifeguard II salary schedule;
and
2. Effective the first day of the pay period following City Council adoption of this
MOU, there shall be a base salary increase of three percent (3.0%) for all
classifications in the bargaining unit.
3. Effective the first day of the pay period following July 1, 2023, there shall be
a base salary increase of three percent (3.0%) for all classifications in the
bargaining unit
4. Effective the first day of the pay period following July 1, 2024, there shall be
a base salary increase of three percent (3.0%) for all classifications in the
bargaining unit.
Salary ranges for all ANBOL-represented classifications are represented in
Exhibit A.
3 ANBOL MOU 2022-2025
B. Bilingual Pay
Employees certified as bilingual (Spanish) shall receive seventy-five ($.75) cents
per hour in bilingual pay. The certification process will confirm that employees
are fluent at the street conversational level in speaking Spanish. Employees
certified shall receive bilingual pay the first full pay period following certification.
Additional languages may be certified for compensation pursuant to this section
by the Fire Chief.
For employees who are CaIPERS members, the parties agree that to the extent
permitted by law, the Bilingual Pay in this section is Special Assignment Pay and
shall be reported to CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(4)
and Section 571.1(b)(3), Bilingual Premium.
C. EMT Pay
Employees who maintain certification as Emergency Medical Technicians
("EMTs") according to State of California regulations and Orange County EMS
policy shall receive one dollar ($1.00) per hour worked in "EMT Pay." It is the
employee's responsibility to have his/her current EMT Certification on file.
Employees certified shall receive EMT Pay the first full pay period following
receipt of certification by the City from the employee.
EMT — Recertification Reimbursement: The City will reimburse employees up to
$200 for the cost of recertifying their EMT Certification. Employees will be
reimbursed when they present their certification from the Orange County
Emergency Medical Services.
Employees eligible to receive EMT Pay or EMT Recertification Reimbursement
shall provide the City with a copy of the certificate. Employees are eligible for
this pay or reimbursement on the first day of the pay period following provision of
the certificate by the employee to the Human Resources Department.
For employees who are CaIPERS members, the parties agree that to the extent
permitted by law, the EMT Pay in this section is Educational Pay and shall be
reported to CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(2) and
Section 571.1(b)(2) Emergency Medical Technician Pay.
D. Compensation for Overtime
Overtime shall be paid at time and one-half when employees actually work more
than 40 hours in their defined FLSA workweek which is a regularly recurring
period of 168 hours — 7 consecutive 24 hour periods.
Definition of Hours Worked - Hours worked are defined as hours which
employees are required to be performing their regular duties or other duties
4 ANBOL MOU 2022-2025
assigned by the City. Paid leave does not count as hours worked for purposes
of calculating overtime.
E. Assignment Pay for Lifeguard II and III Classifications
Employees in the classifications of Lifeguard II and III shall be eligible for 5.0%
Assignment Pay for those worked when actually performing the assigned duties
(minimum of one hour worked in the assignment to be eligible) of the assignments
identified below. Determination of the number and length of assignments shall be
at the discretion of the City.
• Junior Guard Group Leader
• Dispatcher
• Boat Operator
For employees who are CaIPERS members, the parties agree that to the extent
permitted by law, the Junior Guard Group Leader Pay in this section is Special
Assignment Pay when employees are routinely and consistently assigned to lead
or supervise other employees, subordinate classifications or agency -sponsored
program participants and shall be reported to CaIPERS as such pursuant to Title
2 CCR, Section 571(a)(4) and Section 571.1(b)(3) Lead Worker/Supervisor
Premium.
F Temporary Upgrading of Employees
A bargaining unit employee in the classification of Lifeguard I who (1) has
completed their unit certification but (2) has not yet been interviewed for a
Lifeguard 11 position, shall be paid their regular rate plus 5% when assigned to
act in the capacity of a Lifeguard I/ position.
SECTION 3. - Work Hours and Staffing
A. Staffing
Upon request, declared at the beginning of each season, represented employees
shall be scheduled for at least thirty-five (35) hours per week during "A" level
staffing, (from the first Saturday after Newport/Mesa School District ends its
regular session through Labor Day).
Represented employees will, during all staffing levels, be paid two (2) hours of
pay if their scheduled shift is canceled later than 4:00 p.m. the day before the
work is scheduled. The shift is considered canceled when the City provides
notice to the employee at the phone number designated by the employee. Once
reporting to work, employees will be afforded the opportunity to either work their
scheduled shift, or if work is not available (e.g., because of weather or surf
5 ANBOL MOU 2022-2025
conditions), employees can choose to leave work without pay for remainder of
their shift.
B. Work Hours Standards
The City and Association have agreed to establish minimum hours standards for
members to retain active and reserve status. ANBOL members are required to
work a minimum of 100 hours per year to maintain status for the following year.
SECTION 4. — Fringe Benefits
A. Equipment Allotment
Employees in the bargaining unit shall be paid Two Hundred ($200) Dollars,
annually, towards the purchase of UVA/UVB compliant sunglasses, sweatpants,
full brimmed or ball cap style hat, equipment carrying bag, waterproof watch and
replacement and/or repair of any work -related equipment. This payment will be
made by the first full pay period in July of each season they are working.
Sunglasses must be full coverage, have polarized lenses, and be worn whenever
conditions warrant.
Employees not meeting the work hour standards described in Section 3, B above
will be ineligible to receive the Equipment Allotment the following season.
B. Sunscreen
Represented employees will be provided sunscreen and lip balm on an as -
needed basis.
C. Skin Cancer Screening
Annual skin cancer examinations shall be provided for bargaining unit employees
at a facility selected by the City. Employees who are screened off duty will be
paid one (1) hour of compensation.
D. Uniforms and Assigned Equipment
One pair of uniform trunks and two uniform shirts, each season.
One jacket per career, replaced when unserviceable.
One pair swim fins, one mask and snorkel per career, replaced by City if lost or
broken in the execution of work duties.
Represented employees shall be provided a pair of binoculars in accordance with
the Fire Department's Standard Operating Procedures. Binoculars must be kept
in good working order by the employee and must be brought to work for each
Lifeguard Operations shift, which will be confirmed by inspection by the Division
6 ANBOL MOU 2022-2025
Supervisors. If the provided binoculars are lost or damaged, the employee shall
replace them with a pair meeting the City's specifications. Upon separation from
the Fire Department, employee shall return the binoculars to their supervisor
unless a purchasing agreement is made at time of separation.
E. Parking Passes
Represented employees who have recertified as Lifeguards will be provided
one parking pass that does the following:
• Allows parking in the spaces marked with letter "A" and beach lots year
around.
• Allows all parking in spaces May 15 to September 30
F Identification Card
Upon request, represented employees who desire an Identification (ID) Card
shall be provided with an official wallet -sized City of Newport Beach identification
card.
G. Other Benefits Not Guaranteed
Employees in the bargaining unit may, in the sole discretion of the City, be
provided additional benefits/privileges.
H. Retirement Benefit
1. Public Agency Retirement Services (PARS)
ANBOL Members are automatically enrolled in the PARS pension plan,
unless the employee is an active member of the California Public Employees
Retirement System (CaIPERS) or meets the requirements for CaIPERS
membership. The City will match the employee contribution, which is 3.75%
of base salary each pay period.
2. California Public Employees' Retirement System (Ca/PERS)
It is the employees' responsibility to notify the Human Resources Department
of outside employment. If the City is notified by CaIPERS that an ANBOL
member has become a CaIPERS member through working at another
CaIPERS agency, said employee is responsible for reimbursing the City their
portion of cost sharing as required by all members and outlined below,
pursuant to Government Code §20516(t). CaIPERS will invoice their member
for the employee rate only. For example, a PEPRA member may receive an
invoice from PERS for 11.5% of pensionable compensation; however, the
ANBOL member will still need to reimburse the City 2.1 % of pensionable
compensation for a total of 13.6%. The City will remind employees of this
obligation at the start of the season.
7 ANBOL MOU 2022-2025
The following provisions apply only to bargaining unit members enrolled in
CaIPERS as Safety members, consistent with the City's contract with
Ca/PERS:
Tier I (Classic): Employees with continuous employment with the City of
Newport Beach and who became a CaIPERS safety member on or before
November 23, 2012, or as designated by CaIPERS. The formula for Tier I
Safety members in ANBOL is 3% @ 50 and members shall contribute nine
percent (9%) of compensation earnable for the employee's full rate and 4.6%
in cost sharing of the employer's rate.
Tier 11 (Classic): Employees who were hired by the City of Newport Beach as
a CaIPERS safety member between November 24, 2012 and December 31,
2012 or who became a CaIPERS safety member before December 31, 2012
with another PERS agency. The formula for Tier 11 Safety members is 2% @
50 and members shall contribute nine percent (9%) of compensation earnable
for the employee's full rate and 4.6% in cost sharing of the employer's rate.
Employees in Tiers 1 and 11 are considered "classic members" per the Pension
Reform Act of 2013 (PEPRA) and the Employer Paid Member Contribution
will be 0%. All employees' contributions will be made on a pre-tax basis
through payroll deduction pursuant to IRS Code Section 414(h)(2).
Tier 111 (PEPRA): Employees who became CaIPERS members on or after
January 1, 2013 are placed in Tier Ill and are considered "new members" per
the Pension Reform Act of 2013 (PEPRA). The formula for PEPRA Safety
members is 2.7% @ 57. The minimum employee contribution for Tier 111
members is subject to the provisions of PEPRA and equals 50% of the "total
normal cost" as determined by Ca/PERS. In addition to the mandatory
employee contribution under PEPRA, employees will contribute an additional
percentage of pensionable compensation toward retirement costs as
permitted under Government Code §20516(f), so that each employee's total
contribution is 13.6% of pensionable compensation.
Should the mandatory contribution under PEPRA increase or decrease during
the term of this MOU, the additional employee contribution under 20516(f) will
adjust accordingly so that the total contribution is equal to the amount
contributed by employees in Tiers I and 11, which is currently 13.6%. Provided,
however, that the employee contribution shall never fall below the statutory
required contribution.
Flex Leave
The first full pay period following City Council adoption, any hours previously
accrued and remaining in the member's AB1522 Sick Leave Bank will be
transferred into a new ANBOL Flex Leave bank. Flex Leave provides a more
flexible benefit for unit members who may choose to request and take approved
time off for reasons other than illness.
8 ANBOL MOU 2022-2025
Flex Leave may be taken with reasonable advance notice to the supervisor.
When possible, employees are expected to provide their supervisor with at least
two weeks' notice (or more when possible), apart from illness or other unforeseen
emergencies. Additionally, Flex Leave has cash value. Unit members will be paid
out at 100% of its value: 1) at the conclusion of each season (i.e. annually in
September), or 2) if appointed to a position which provides a more generous
benefit (e.g., full-time employment or part-time appointment to a position covered
by the City of Newport Beach Lifeguard Management Association). ANBOL
members accrue .034 hours for every hour worked, up to a maximum of 48 hours.
Once an employee reaches 48 hours, Flex Leave stops accruing.
SECTION 5. - Miscellaneous
A. Disciplinary Actions
Represented employees are afforded the opportunity to seek internal resolution
of any disciplinary actions having a financial impact on the employee, i.e.,
reduction in pay, demotion, suspension or dismissal, but not written reprimands,
counseling memos or any other form of discipline which does not result in loss of
money.
Represented employees may appeal any such actions to the Fire Chief, or his/her
designee, within ten (10) calendar days of the disciplinary action. The Fire Chief
or designee will meet with the employee and a representative of his/her choosing
within ten (10) calendar days of the appeal. If the matter continues to be
unresolved, the employee may, within ten (10) calendar days, appeal to the City
Manager or the City Manager's designee. The City Manager or designee will
meet with the employee and their representative. Within ten (10) calendar days,
the City Manager or designee shall issue his/her decision. The decision of the
City Manager or designee shall be final.
This is the only City appeal procedure for the term of this agreement.
B. Orientation
Association representatives will be allowed ten minutes at the end of training
sessions to address newly hired trainees.
C. Work Access
ANBOL representatives shall have access to employees in the workplace through
an ANBOL dedicated bulletin board in lifeguard headquarters. ANBOL
representatives shall be allowed 10 minutes at the beginning of class to address
employees at every Lifeguard Recertification course.
9 ANBOL MOU 2022-2025
D. Leave of Absence
Employees requesting a Leave of Absence for a summer season must do so by
submitting the request in writing, as provided in the Fire Department Standard
Operating Procedure. Leaves of absence will only be permitted once within a
five year period.
E. Safety Committee
One ANBOL representative selected by the Association shall participate as a
member of the Fire Department's Safety Committee, at the Association's option.
F. Labor Management Committee
The City and ANBOL will establish a committee consisting of representatives
from the Fire Department and, if needed, from the City Manager's Office or
Human Resources to meet with the ANBOL President over issues of concern to
the membership. ANBOL will provide a list of specific issues to begin the process.
If needed, meetings will occur quarterly.
The President will be released from duty for pre -scheduled Labor Management
Committee meetings.
Signatures on the following page.
10 ANBOL MOU 2022-2025
Executed this 110 day of 4prowL.2022.
ASSOCIATION OF PO' - B ACH • • ' LIFEGUARDS
By:
Dan Moody, Presint
CITY OF NEWPO.
By:
Kevin Muldoo
By: ✓� - ��
Charles Sakai, Special Counsel
ATTEST:
By:
Leilani Brown, Cit Clerk
11 ANBOL MOU 2022-2025
Exhibit A
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
MOU Term: September 13, 2022 (tentatively) - June 30, 2025
3.0% Cost of Living Adjustment
Effective the Pay Period Following City Council Adoption: Tentatively September24, 2022
Represented Positions Grade
Hourly Rate
Annual Salary
Lifeguard I
05B
1
2
3
4
19.06 $
20.02 $
21.02 $
22.08 $
Lifeguard II 25 1 $ 23.18 $
2 $ 24.33 $
3 $ 25.55 $
4 $ 26.83 $
39,644
41,633
43,731
45,917
48,211
50,615
53,151
55,808
Lifeguard III 35 1 $ 23.18 $ 48,211
2 $ 24.33 $ 50,615
3 $ 25.55 $ 53,151
4 $ 26.83 $ 55,808
Please note:
1. The salary schedule for Lifeguard III mirrors Lifeguard II.
2. Step 1 of Lifeguard II/III has been eliminated. A new 5% top step has been added.
Hourly pay rates are rounded to the nearest hundredth.
Annual salary is rounded to the nearest whole dollar.
12 ANBOL MOU 2022-2025
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
MOU Term: September 13, 2022 (tentatively) - June 30, 2025
3.0% Cost of Living Adjustment
Effective: July 15, 2023
Represented Positions
Grade Step Hourly Rate Annual Salary
Lifeguard I 05B 1 $ 19.63 $ 40,834
2 $ 20.62 $ 42,882
3 $ 21.66 $ 45,043
4 $ 22.74 $ 47,294
Lifeguard II 25 1 $ 23.87 $ 49,658
2 $ 25.06 $ 52,134
3 $ 26.32 $ 54,745
4 $ 27.64 $ 57,482
Lifeguard III 35 1 $ 23.87 $ 49,658
2 $ 25.06 $ 52,134
3 $ 26.32 $ 54,745
4 $ 27.64 $ 57,482
Hourly pay rates are rounded to the nearest hundredth.
Annual salary is rounded to the nearest whole dollar.
13 ANBOL MOU 2022-2025
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
MOU Term: September 13, 2022 (tentatively) - June 30, 2025
3.0% Cost of Living Adjustment
Effective: July 13, 2024
Represented Positions
Grade Step Hourly Rate Annual Salary
Lifeguard I 05B 1 $ 20.22 $ 42,058
2 $ 21.23 $ 44,169
3 $ 22.31 $ 46,394
4 $ 23.42 $ 48,713
Lifeguard II 25 1 $ 24.59 $ 51,147
2 $ 25.82 $ 53,698
3 $ 27.11 $ 56,387
4 $ 28.46 $ 59,207
Lifeguard III 35 1 $ 24.59 $ 51,147
2 $ 25.82 $ 53,698
3 $ 27.11 $ 56,387
4 $ 28.46 $ 59,207
Hourly pay rates are rounded to the nearest hundredth.
Annual salary is rounded to the nearest whole dollar.
14 ANBOL MOU 2022-2025
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND THE
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU")
is entered into with reference to the following:
PREAMBLE
1 The Association of Newport Beach Ocean Lifeguards ("ANBOL" or
"Association"), a recognized employee organization, and the City of Newport
Beach ("City"), a municipal corporation and charter city, have been meeting and
conferring, in good faith, with respect to wages, hours, fringe benefits and other
terms and conditions of employment.
2. This MOU represents the total and complete understanding and agreement
between the parties regarding all matters within the scope of representation.
Except as limited herein, the City retains all management rights as set forth in the
Meyers-Milias-Brown Act and Resolution 2001-50.
SECTION 1. — General Provisions
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach,
the Meyers Milias Brown Act of the State of California and the provisions of the
Employer/Employee Relations Resolution No. 2001-50, the City acknowledges
that the Association is the majority representative for the purpose of meeting and
conferring regarding wages, hours and other terms and conditions of employment
for all employees in those classifications of Lifeguard I, II, and III, or as
appropriately modified in accordance with the Employer/Employee Relations
Resolution. All other classifications and positions are excluded from
representation by the Association.
Recognition is limited to employees who are active employees ("Active
Employee") with job titles of Lifeguard I, II, and III who have worked in such
positions for the City of Newport Beach during the most recent summer season
(or the summer season the year preceding the most recent season if they took
an approved leave of absence and missed the most recent year) and have
worked 240 cumulative hours in the classifications of Lifeguard I, II, and III by
April 15 of the calendar year. An Active Employee is an individual who has
completed the Fire Department's re -certification class with the expectation of
working the minimum hours required under Section 3, B (Work Hours Standards).
All other employees are excluded.
Employees classified as Lifeguard III on June 30, 2017 will remain
"grandfathered" in the classification. However, the parties agree that since that
classification has been phased out, no additional employees may be assigned as
a Lifeguard III.
B. Duration of Memorandum
1. Except as specifically provided otherwise, any ordinance, resolution or
action of the City Council necessary to implement this MOU shall be
considered effective as of July 1, 2017. This MOU shall remain in full force
and effect until June 30, 2021, and the provisions of this MOU shall
continue after the expiration date of this MOU in the event the parties are
meeting and conferring on a successor MOU.
2. The terms and conditions of this MOU shall prevail over conflicting
provisions of the Newport Beach City Charter, the ordinances, resolutions
and policies of the City of Newport Beach, and federal and state statutes,
rules and regulations which either specifically provide that agreements
such as this prevail, confer rights which may be waived by any collective
bargaining agreement, or are, pursuant to decisional or statutory law,
superseded by the provisions of an agreement similar to this MOU.
C. Employee Data and Access
Each April, the City shall provide Association a regular list of all bargaining unit
members including name, contact info (including e-mail) and job title. For those
members who specifically ask that their personal information not be given out,
email contact information only will be provided.
D. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed upon
by the parties.
E. Modifications
Any agreement, alteration, understanding, variation, or waiver or modification of
any of the terms or provisions of this MOU shall not be binding upon the parties,
unless contained in a written document executed by authorized representatives
of the parties.
F Savings
Should any part of this MOU be rendered or declared illegal or invalid by
legislation, decree of court of competent jurisdiction or other established
governmental administrative tribunal, such invalidation shall not affect the
remaining portions of this MOU.
2 ANBOL MOU 2017-2021
G. Subcontracting
As provided in the Employer -Employee Relations Resolution No. 2001-50, the
City shall determine the manner in which City services are to be provided,
including whether the City should provide services directly or contract out work,
including work that is currently being performed by Association members. In the
event the City introduces a plan to outsource services currently being performed
by Association members to achieve greater efficiency and/or cost savings, and
upon request by the Association, the City shall meet and confer with Association
representatives to discuss the impacts of the City's decision to contract out work,
a minimum of sixty (60) days prior to contracting out such services. The City shall
retain sole authority to decide whether or not to contract out work, including work
that is currently being performed by Association members. This provision shall
not limit the City's authority to enter into such an agreement for any City services.
SECTION 2. — Compensation
A. Pay for Time Worked
1. Salary Adjustments
Effective in the pay period following City Council approval of this MOU or
the pay period which includes July 1, 2017, whichever is later, the City will
do the following:
a. Eliminate Step 1 of Lifeguard 11 Salary Schedule; and
b. Add a new five percent (5%) top step (which will be called Step
4 because Step 1 is being eliminated) to the Lifeguard II salary
schedule; and
c. Merge the Lifeguard 11 and ill salary schedules so that all
Lifeguard Il's and Ill's are on the same salary schedule.
Effective the pay period including July 1, 2018, base salaries for
employees in this bargaining unit shall be increased by two percent
(2.0%).
Effective the pay period including July 1, 2019, base salaries for
employees in this bargaining unit shall be increased by one percent
(1.0%).
Effective the pay period including July 1, 2020, base salaries for
employees in this bargaining unit shall be increased by one percent
(1.0%).
3 ANBOL MOU 2017-2021
Salary ranges for all ANBOL represented classifications are represented
in Exhibit A.
2. Bi-Lingual Pay
Employees certified as bilingual (Spanish) shall receive seventy-five ($.75)
cents per hour in bilingual pay. The certification process will confirm that
employees are fluent at the street conversational level in speaking
Spanish. Employees certified shall receive bilingual pay the first full pay
period following certification.
Additional languages may be certified for compensation pursuant to this
section by the Fire Chief.
3. EMT Pay
Employees who maintain certification as Emergency Medical Technicians
("EMTs") according to State of California regulations and Orange County
EMS policy shall receive one dollar ($1.00) per hour worked in "EMT Pay."
It is the employee's responsibility to have his/her current EMT Certification
on file. Employees certified shall receive EMT Pay the first full pay period
following receipt of certification by the City, from the employee.
a. EMT — Recertification Reimbursement: The City will reimburse
employees up to $200 per year for the cost of recertifying their EMT
Certification. Employees will be reimbursed when they present their
certification from the Orange County Emergency Medical Services.
4. Compensation for Overtime -
Overtime shall be paid at time and one-half when employees actually work
more than 40 hours in their defined FLSA workweek which is a regularly
recurring period of 168 hours — 7 consecutive 24 hour periods.
Definition of Hours Worked - Hours worked are defined as hours which
employees are required to be performing their regular duties or other
duties assigned by the City. Paid leave does not count as hours worked
for purposes of calculating overtime.
5. Assignment Pay for Lifeguard II and III Classifications
Employees in the classifications of Lifeguard II and III shall be eligible for
5.0% Assignment Pay for those worked when actually performing the
assigned duties (minimum of one hour worked in the assignment to be
eligible) of the assignments identified below. Determination of the number
and length of assignments shall be at the discretion of the City.
4 ANBOL MOU 2017-2021
• Junior Guard Group Leader
• Dispatcher
• Boat Operator
SECTION 3. - Work Hours and Staffing
A. Staffing
Upon request, declared at the beginning of each season, represented
employees shall be scheduled for at least thirty-five (35) hours per week during
"A" level staffing, (from the first Saturday after Newport/Mesa School District
ends its regular session through Labor Day).
Represented employees will, during all staffing levels, be paid two (2) hours of
pay if their scheduled shift is canceled later than 4:00 p.m. the day before the
work is scheduled. The shift is considered canceled when the City provides
notice to the employee at the phone number designated by the employee. Once
reporting to work, employees will be afforded the opportunity to either work their
scheduled shift, or if work is not available (e.g., because of weather or surf
conditions), employees can choose to leave work without pay for remainder of
their shift.
B. Work Hours Standards
The City and Association have agreed to establish minimum hours standards for
members to retain active and reserve status. ANBOL employees are required to
work the following minimum hours each year:
Total Hours Hours Required to
Worked (Career Work Per Year
Total)
0 - 1,999 96
2,000 - 4,499 76
4,500+ 56
Until June 30, 2021, bargaining unit members hired prior to August 22, 2005 are
grandfathered at the 56-hour minimum standard, regardless of whether the
employee has achieved 4,500 career hours.
Effective on June 30, 2021, the minimum standard of 76 hours (in the above
chart) ends. Bargaining unit members hired prior to June 30, 2011 are
grandfathered at the 56-hour minimum standard, regardless of whether the
employee has achieved 4,500 career hours. Employees will be required to work
the following minimum hours each year.
5 ANBOL MOU 2017-2021
Total Hours
Worked (Career
Total)
0 — 4,499 96
Hours Required to
Work Per Year
4,500+ 56
SECTION 4. — Fringe Benefits
A. Equipment Allotment
Employees in the bargaining unit shall be paid Two Hundred ($200) Dollars,
annually, towards the purchase of UVA/UVB compliant sunglasses, sweat pants,
full brimmed or ball cap style hat, equipment carrying bag, waterproof watch and
replacement and/or repair of any work -related equipment. This payment will be
made by the first full pay period in July of each season they are working.
Sunglasses must be full coverage, have polarized lenses, and be worn whenever
conditions warrant.
Employees not meeting the work hour standards described in Section 3, B above
will be ineligible to receive the Equipment Allotment the following season.
B. Sunscreen
Represented employees will be provided sunscreen and lip balm on an as -
needed basis.
C. Skin Cancer Screening
Annual skin cancer examinations shall be provided for bargaining unit employees
at a facility selected by the City. Employees who are screened off duty will be
paid one (1) hour of compensation.
D. Binoculars
Represented employees shall be provided a pair of binoculars in accordance with
the Fire Department's Standard Operating Procedures. Binoculars must be kept
in good working order by the employee and must be brought to work for each
Lifeguard Operations shift, which will be confirmed by inspection by the Division
Supervisors. If the provided binoculars are lost or damaged, the employee shall
replace them with a pair meeting the City's specifications. Upon separation from
the Fire Department, employee shall return the binoculars to their supervisor
unless a purchasing agreement is made at time of separation.
6 ANBOL MOU 2017-2021
E. Other Equipment
One pair of uniform trunks and two uniform shirts, each season.
One jacket per career, replaced when unserviceable.
One pair swim fins, one mask and snorkel per career, replaced by City if lost or
broken in the execution of work duties.
F Parking Passes
Represented employees who have recertified as Lifeguards will be provided
one parking pass that does the following:
• Allows parking in the spaces marked with letter "A" and beach lots year
around.
• Allows all parking in spaces May 15 to September 30
G. Identification Card
Upon request, represented employees who desire an Identification (ID) Card
shall be provided with an official wallet -sized City of Newport Beach identification
card.
H. Other Benefits Not Guaranteed
Employees in the bargaining unit may, in the sole discretion of the City, be
provided additional benefits/privileges.
I. PERS Contribution
The following provisions apply only to bargaining unit members enrolled in the
Public Employees' Retirement System (PERS) as Safety members, consistent
with the City's contract with PERS:
Tiers I & II: Tier I — 3% @50 and Tier II 2%@ 50 (effective November 2012).
Employees in these tiers are considered "classic members" per the Pension
Reform Act of 2013 (PEPRA). Employees shall pay the full nine percent (9%)
(compensation earnable) "safety" CaIPERS member contribution and the
Employer Paid Member Contribution will be 0%. This employee payment will be
made on a pre-tax basis through payroll deduction pursuant to IRS Code Section
414(h)(2).
In addition to the employee's payment of their nine percent (9%) member
contribution, employees will contribute an additional 4.6% of pensionable
7 ANBOL MOU 2017-2021
compensation toward retirement costs as permitted under Government Code
§20516(f), for a total contribution of 13.6%.
Tier III: Employees in Tier III are considered "new members" per the Pension
Reform Act of 2013 (PEPRA). The minimum employee contribution for
employees in Tier III is subject to the provisions of the Public Employees' Pension
Reform Act (PEPRA) and equals 50% of the "total normal cost" as determined by
CaIPERS. Employees will, in addition to the mandatory employee contribution
under PEPRA, contribute an additional percentage of pensionable compensation
toward retirement costs as permitted under Government Code §20516(f), so that
each employee's total contribution is 13.6% of compensation earnable.
Should the mandatory contribution under PEPRA increase or decrease during
the term of this MOU, the additional employee contribution under 20516(f) will
adjust accordingly so that the total contribution is equal to the amount contributed
by employees in Tiers I and II, 13.6%.
J. Paid Sick Leave
Under California's Healthy Workplaces, Healthy Families Act ANBOL employees
are eligible to receive Paid Sick Leave effective July 1, 2015. The rate of accrual
shall be .034 hour for every hour worked (which equals 1 hour of Paid Sick Leave
for every 30 hours worked), with a maximum accrual of 48 hours. Once the 48
hours cap is reached no additional Leave will accrue in the Paid Sick Leave bank.
Employees are permitted to use up to 24 hours per calendar year. If leave is
foreseeable, the employee shall provide reasonable advance notification close in
time to when the employee is aware of the need for the leave. If the need for
sick leave is unforeseeable, the employee shall provide notice of the need for
leave as soon as practicable. If at the beginning of the shift, the employee shall
provide notification at least one hour prior to the start time of the shift.
At the conclusion of each season (during the month of September) ANBOL
members will be permitted to cash out Paid Sick Leave time remaining in their
bank at the value of 50%. The minimum permitted to be cashed out is 1 hour
and there is no maximum (all Leave time can be converted to cash at 50% value).
SECTION 5. - Miscellaneous
A. Disciplinary Actions
Represented employees are afforded the opportunity to seek internal resolution
of any disciplinary actions having a financial impact on the employee, i.e.,
reduction in pay, demotion, suspension or dismissal, but not written reprimands,
counseling memos or any other form of discipline which does not result in loss of
money.
Represented employees may appeal any such actions to the Fire Chief, or his/her
designee, within ten (10) calendar days of the disciplinary action. The Fire Chief
8 ANBOL MOU 2017-2021
or designee will meet with the employee and a representative of his/her choosing
within ten (10) calendar days of the appeal. If the matter continues to be
unresolved, the employee may, within ten (10) calendar days, appeal to the City
Manager or the City Manager's designee. The City Manager or designee will
meet with the employee and their representative. Within ten (10) calendar days,
the City Manager or designee shall issue his/her decision. The decision of the
City Manager or designee shall be final.
This is the only City appeal procedure for the term of this agreement.
B. Orientation
Association representatives will be allowed ten minutes at the end of training
sessions to address newly hired trainees.
C. Work Access
ANBOL representatives shall have access to employees in the workplace through
an ANBOL dedicated bulletin board in lifeguard headquarters. ANBOL
representatives shall be allowed 10 minutes at the beginning of class to address
employees at every Lifeguard Recertification course.
D. Leave of Absence
Employees requesting a Leave of Absence for a summer season must do so by
submitting the request in writing, as provided in the Fire Department Standard
Operating Procedure. Leaves of absence will only be permitted once within a
five year period.
E. Safety Committee
One ANBOL representative selected by the Association shall participate as a
member of the Fire Department's Safety Committee, at the Association's option.
Signatures on the following page.
9 ANBOL MOU 2017-2021
Executed this 2S day of JVO , 2017.
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
By:
Chris Graham, President
CITY OF NEWP
Bv:
By:
evin Muldoo-,' ayor
Peter J. B
ATTEST:
By:
, Special Counsel
Leilani Br• - ty Clerk
10 ANBOL MOU 2017-2021
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND THE
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU") is entered into with reference to the following:
PREAMBLE
1. The Association of Newport Beach Ocean Lifeguards ("ANBOL" or
"Association"), a recognized employee organization, and the City of Newport
Beach("City"), a municipal corporation and charter city, have been meeting and
conferring, in good faith, with respect to wages, hours, fringe benefits and other
terms and conditions of employment.
2. Association representatives and City representatives have reached a tentative
agreement on July 14, 2015 as to wages, hours and other terms and conditions
of employment for the period from July 1, 2014 through June 30, 2017 and this
tentative agreement has been embodied in this MOU.
3. This MOU, upon approval by the Association and Newport Beach City Council,
represents the total and complete understanding and agreement between the
parties regarding all matters within the scope of representation. Except as
limited herein, the City retains all management rights as set forth in the Meyers-
Milias-Brown Act and Resolution 2001-50.
SECTION 1. — General Provisions
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach,
the Meyers Milias Brown Act of the State of California and the provisions 'of the
Employer/Employee Relations Resolution No. 2001-50, the City acknowledges
that the Association is the majority representative for the purpose of meeting
and conferring regarding wages, hours and other terms and conditions of
employment for all employees in those classifications of Lifeguard I, II, and III,
or as appropriately modified in accordance with the Employer/Employee
Relations Resolution. All other classifications and positions are excluded from
representation by the Association.
Recognition is limited to employees who are active employees ("Active
Employee") with job titles of Lifeguard I, II, and III who have worked in such
positions for the City of Newport Beach during the most recent summer season
(or the summer season the year preceding the most recent season if they took
an approved leave of absence and missed the most recent year) and have
worked 240 cumulative hours by April 15 of the calendar year. An Active
Employee is an individual who has completed the Fire Department's re-
certification class with the expectation of working the minimum hours required
under Section 3, B (Work Hours Standards). All other employees are excluded.
B. Duration of Memorandum
1. Except as specifically provided otherwise, any ordinance, resolution or
action of the City Council necessary to implement this MOU shall be
considered effective as of July 1, 2014. This MOU shall remain in full
force and effect until June 30, 2017, and the provisions of this MOU shall
continue after the expiration date of this MOU in the event the parties are
meeting and conferring on a successor MOU. Negotiations for a
successor agreement shall commence in March 2017.
2. The terms and conditions of this MOU shall prevail over conflicting
provisions of the Newport Beach City Charter, the ordinances,
resolutions and policies of the City of Newport Beach, and federal and
state statutes, rules and regulations which either specifically provide that
agreements such as this prevail, confer rights which may be waived by
any collective bargaining agreement, or are, pursuant to decisional or
statutory law, superseded by the provisions of an agreement similar to
this MOU.
C. Employee Data and Access
Each April, the City shall provide Association a regular list of all unit members
including name, contact info (including e-mail) and job title. For those members
who specifically ask that their personal information not be given out, email
contact information only will be provided.
D. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed
upon by the parties. Therefore, for the life 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 contained herein.
E. Modifications
Any agreement, alteration, understanding, variation, or waiver or modification of
any of the terms or provisions of this MOU shall not be binding upon the parties,
unless contained in a written document executed by authorized representatives
of the parties.
F. Savings
Should any part of this MOU be rendered or declared illegal or invalid by
legislation, decree of court of competent jurisdiction or other established
2 ANBOL MOU 2014-2017
governmental administrative tribunal, such invalidation shall not affect the
remaining portions of this MOU.
G. Subcontracting
As provided in the Employer -Employee Relations Resolution No. 2001-50, the
City shall determine the manner in which City services are to be provided,
including whether the City should provide services directly or contract out work,
including work that is currently being performed by Association members. In
the event the City introduces a plan to outsource services currently being
performed by Association members to achieve greater efficiency and/or cost
savings, and upon request by the Association, the City shall meet and confer
with Association representatives to discuss the impacts of the City's decision to
contract out work, a minimum of sixty (60) days prior to contracting out such
services. The City shall retain sole authority to decide whether or not to
contract out work, including work that is currently being performed by
Association members. This provision shall not limit the City's authority to enter
into such an agreement for any City services.
SECTION 2. — Compensation
A. Pay for Time Worked
1. Salary Adjustments
There shall be no salary adjustments for employees in the job
classification Lifeguard Ill during the term of this MOU.
Effective the pay period including July 1, 2015, base salaries for
employees in job classifications Lifeguard I and Lifeguard II shall be
increased 2.0%.
Effective the pay period including July 1, 2016, base salaries for
employees in job classifications Lifeguard I and Lifeguard II shall be
increased by 1.0%.
Effective the pay period including June 30, 2017, base salaries for
employees in job classifications Lifeguard 1 and Lifeguard 11 shall be
increased by 1.0%.
2. Bi-Lingual Pay
Employees certified as bilingual (Spanish) shall be eligible to receive fifty
($.50) cents per hour in bilingual pay. Effective upon MOU adoption,
bilingual pay shall be increased to seventy-five cents ($.75) per hour.
The certification process will confirm that employees are fluent at the
street conversational level in speaking Spanish. Employees certified
3 ANBOL MOU 2014-2017
shall receive bilingual pay the first full pay period following certification.
Additional languages may be certified for compensation pursuant to this
section by the Fire Chief.
3. EMT Pay
Employees who maintain certification as Emergency Medical
Technicians ("EMTs") according to State of California regulations and
Orange County EMS policy shall be eligible to receive one dollar ($1.00)
per hour worked in "EMT Pay." It is the employee's responsibility to have
their current EMT Certification on file. Employees certified shall receive
EMT Pay the first full pay period following certification.
4. Compensation for Overtime - Normal Overtime
Normal overtime is defined as any scheduled hours worked in excess of
the basic work week. For the purposes of this section, the basic work
week is 40 hours, or as determined by the Fire Chief and approved by
the City Manager, which occurs between a fixed and regularly recurring
period of 168 hours - 7 consecutive 24 hour periods.
Definition of Hours Worked - Hours worked are defined as hours which
employees are required to be performing their regular duties or other
duties assigned by the City.
Compensation - Normal overtime for all non-exempt employees shall be
paid at one -and -one-half (1-1/2) times the employee's regular rate of
pay. Reporting of overtime on payroll forms will be as prescribed by the
Finance Director.
5. Temporary Upgrading of Employees
Temporary upgrading shall be defined as the temporary assignment of
an employee to work in a job classification which is assigned to a salary
schedule higher than his/her regular classification. Employees
temporarily assigned to Lifeguard II or Lifeguard Ill job classifications
shall receive a five percent (5%) pay differential over their regular rate of
pay for all time worked in the higher classification, with a minimum of
one hour required to receive the differential.
Effective upon adoption of this 2014-17 MOU, Temporary Upgrade pay
(referred to as "Move Up Pay') will be eliminated.
6. Addition of 4th Step
Effective upon MOU adoption, a fourth pay step, set 5% above step 3,
shall be added to the Lifeguard I and Lifeguard II classifications.
4 ANBOL MOU 2014-2017
7. Assignment Pay
Effective upon MOU adoption, the City shall create a new Assignment
Pay for employees in Lifeguard 11 and 111 classifications who work in one
of the assignments listed below. Employees shall be eligible for 7.5%
Assignment Pay when performing the assigned duties (minimum of one
hour worked in the assignment to be eligible). Eligibility for employees in
Lifeguard 111 positions to receive Assignment Pay will sunset at the
expiration of the MOU. Determination of the number and length of
assignments shall be at the discretion of the City.
• Junior Guard Group Leader
• Dispatcher
• Boat Operator
Concurrent with creation of Assignment Pay, the Lifeguard 111
classification will be phased -out over time. Employees classified as
Lifeguard 111 at adoption of this 2014-17 MOU will remain "grandfathered"
in the classification.
SECTION 3. - Work Hours and Staffing
A. Staffing
Upon request, declared at the beginning of each season, represented
employees shall be scheduled for at least thirty-five (35) hours per week during
"A" level staffing.
Represented employees will, during all staffing levels, be paid two (2) hours of
pay if their scheduled shift is canceled later than 4:00 p.m. the day before the
work is scheduled. The shift is considered canceled when the City provides
notice to the employee at the phone number designated by the employee.
Once reporting to work, employees will be afforded the opportunity to either
work their scheduled shift or voluntarily leave work without pay if work is not
available.
B. Work Hours Standards
The City and Association have agreed to establish minimum hours standards
for members to retain active and reserve status. Effective January 1, 2016,
ANBOL employees will be required to work the following minimum hours each
year:
5 ANBOL MOU 2014-2017
Total Hours Worked Hours Required to
(Career Total) Work Per Year
0 - 1,999
2,000 - 4,499
4,500+
96
76
56
Current employees (as of MOU adoption) with ten (10) or more years of City
service will be grandfathered at the 56 hour minimum standard, regardless of
whether the employee has achieved 4,500 career hours.
SECTION 4. — Fringe Benefits
A. Equipment Allotment
Represented employees in the Association shall be paid Two Hundred ($200)
Dollars, annually, towards the purchase of UVA/UVB compliant sunglasses,
sweat pants, full brimmed or ball cap style hat, equipment carrying bag, water
proof watch and replacement and/or repair of any work -related equipment.
This payment will be made by the first full pay period in July of each season
they are working. Sunglasses must be full coverage, have polarized lenses,
and be worn whenever conditions warrant.
Employees not meeting the work hour standards described in Section 3, B
above will be ineligible to receive the Equipment Allotment the following
season.
B. Sunscreen
Represented employees will be provided sunscreen and lip balm on an as -
needed basis.
C. Skin Cancer Screening
Annual skin cancer examinations shall be provided for unit employees at a
facility selected by the City. Employees who are scheduled to be screened off
duty will be paid one (1) hour of compensation.
D. Binoculars
Represented employees shall be provided a pair of binoculars in accordance
with the Fire Department's Standard Operating Procedures. Binoculars must
be kept in good working order by the employee and must be brought to work for
each Lifeguard Operations shift, which will be confirmed by inspection by the
6 ANBOL MOU 2014-2017
Division Supervisors. If the provided binoculars are lost or damaged, the
employee shall replace them with a pair meeting the City's specifications. Upon
separation from the Fire Department, employee shall return the binoculars to
their supervisor unless a purchasing agreement is made at time of separation.
E. Other Equipment
One pair of uniform trunks and two uniform shirts, each season.
One jacket per career, replaced when unserviceable.
One pair swim fins, one mask and snorkel per career, replaced by City if lost or
broken in the execution of work duties.
F Parking Passes
Represented employees will be provided one parking pass that does the
following:
• Allows "blue pole" parking year around.
• Allows "all meter" parking June 15 to September 30.
G. Identification Card
Upon request, represented employees who desire an Identification (ID) Card
shall be provided with an official wallet -sized City of Newport Beach
identification card.
H. Other Benefits Not Guaranteed
Employees represented by the Association of Newport Beach Ocean Lifeguards
may, in the sole discretion of the City, be provided additional benefits/privileges.
1. PERS Contribution
The following provisions apply only to unit members enrolled in the Public
Employees Retirement System (PERS) as Safety members, consistent with the
City's contract with PERS:
Tiers I & II: Employees shall pay the full 9% "safety member" contribution of
PERS reportable earnings and the Employer Paid Member Contribution will be
0%. This payment will be made on a pre-tax basis through payroll deduction
pursuant to IRS Code Section 414(h)(2). This contribution will not be
considered as part of employee's "compensation earnable" under Government
Code section 20636.
Effective July 1, 2015, in addition to the 9% normal member contribution,
employees will contribute an additional 1.6% of pensionable compensation
7 ANBOL MOU 2014-2017
toward retirement costs as permitted under Government Code §20516(0, for a
total contribution of 10.6%.
Effective July 1, 2016, in addition to the 9% normal member contribution,
employees will contribute an additional 3.1 % of pensionable compensation
toward retirement costs as permitted under Government Code §20516(f), for a
total contribution of 12.1 %.
Effective June 30, 2017 in addition to the 9% normal member contribution,
employees will contribute an additional 4.6% of pensionable compensation
toward retirement costs as permitted under Government Code §20516(f), for a
total contribution of 13.6%.
Tier III: The minimum employee contribution for employees in Tier 111 is subject
to the provisions of the Public Employees' Pension Reform Act (PEPRA) and
equals 50% of the "total normal cost" as determined by PERS. Effective July 1,
2015 Tier 111 members will contribute the required 11.25% member contribution.
Effective July 1, 2016, Tier 111 employees will, in addition to the mandatory
employee contribution under PEPRA, contribute an additional .85% of
pensionable compensation toward retirement costs as permitted under
Government Code §20516(f), for a total contribution of 12.1 %.
Effective June 30, 2017 employees will, in addition to the mandatory employee
contribution under PEPRA, contribute an additional 2.35% of pensionable
compensation toward retirement costs as permitted under Government Code
§20516(f), for a total contribution of 13.6%.
Should the mandatory contribution under PEPRA increase or decrease in 2016
and/or 2017, the additional employee contribution under 205016(0 will adjust
accordingly so that the total contribution is equal to the amount contributed by
employees in Tiers I and 11.
J. Paid Sick Leave
Under California's Healthy Workplaces, Healthy Families Act ANBOL
employees are eligible to receive Paid Sick Leave effective July 1, 2015. The
rate of accrual shall be .034 hour for every hour worked (which equals 1 hour of
Paid Sick Leave for every 30 hours worked), with a maximum accrual of 48
hours. Once the 48 hours cap is reached no additional Leave will accrue in the
Paid Sick Leave bank.
At the conclusion of each season (during the month of September) ANBOL
members will be permitted to cash out Paid Sick Leave time remaining in their
bank at the value of 50%. The minimum permitted to be cashed out is 1 hour
and there is no maximum (all Leave time can be converted to cash at 50%
value).
8 ANBOL MOU 2014-2017
SECTION 5. - Miscellaneous
A. Disciplinary Actions
Represented employees are afforded the opportunity to seek internal resolution
of any disciplinary actions having a financial impact on the employee.
Represented employees may appeal any such actions to the Fire Chief, or
his/her designee, within ten (10) calendar days of the disciplinary action. The
Fire Chief or designee will meet with the employee and a representative of their
choosing within ten (10) calendar days of the appeal. If the matter continues to
be unresolved, the employee may, within ten (10) calendar days, appeal to the
City Manager or the City Manager's designee. The City Manager or designee
will meet with the employee and their representative. Within ten (10) calendar
days, the City Manager or designee shall issue his/her decision. The decision
of the City Manager or designee shall be final.
This is the only City appeal procedure for the term of this agreement.
B. Orientation
Association representatives will be allowed ten minutes at the end of training
sessions to address newly hired trainees.
C. Work Access
ANBOL representatives shall have access to employees in the workplace
through an ANBOL dedicated bulletin board in lifeguard headquarters.
ANBOL representatives shall be allowed 10 minutes at the beginning of class to
address employees at every Lifeguard Recertification course.
D. Leave of Absence
Employees requesting a Leave of Absence for a summer season must do so by
submitting the request in writing, as provided in the Fire Department Standard
Operating Procedure. Leaves of absence will only be permitted once within a
five year period.
E. Safety Committee
One ANBOL representative selected by the Association shall participate as a
member of the Fire Department's Safety Committee, at the Association's option.
Signatures on the following page.
9 ANBOL MOU 2014-2017
Executed this b I day of (;UST , 2015.
ATTEST:
By:
ASSOCIATION OF NEWPORT BEACH OCEAN
LIFEGUARDS
By: (-
Chris Graham, President
Leilani Brown, City -
Clerk
OVED AS TO FORM:
dward D. Selich, Mayor
Aaron C. Harp, City Attorney V/3)jx
10 ANBOL MOU 2014-2017
Exhibit A
Association of Newport Beach Ocean Lifeguards Represented Classifications
and Pay Rate Adjustments
July 1, 2014 through June 30, 2017
Represented Classification
Hourly Pay Rate
Minimum Maximum
Effective July 1, 2015 (2% adjustment for LG I & II)
Lifeguard I
Lifeguard II
Lifeguard III
$17.44
$19.23
$20.97
$19.23
$21.19
$23.14
Effective following MOU Adoption (added step for LG I & LG II):
Lifeguard I
$17.44
$20.19
Lifeguard II
$19.23
$22.25
Lifeguard III
$20.97
$23.14
Effective July 1, 2016 (1% adjustment for LG 1 & II)
Lifeguard I
$17.61
$20.39
Lifeguard II
$19.42
$22.47
Lifeguard III
$20.97
$23.14
Effective July 1, 2017 (1 % adjustment for LG I & II)
Lifeguard I
$17.79
$20.59
Lifeguard II
$19.60
$22.69
Lifeguard III
$20.97
$23.14
8/11/15
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND THE
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU") is entered into with reference to the following:
PREAMBLE
1. The Association of Newport Beach Ocean Lifeguards ("ANBOL" or
"Association"), a recognized employee organization, and the City of Newport
Beach ("City"), a municipal corporation and charter city, have been meeting and
conferring, in good faith, with respect to wages, hours, fringe benefits and other
terms and conditions of employment.
2. Association representatives and City representatives have reached a tentative
agreement on July 11, 2013 as to wages, hours and other terms and conditions
of employment for the period from July 1, 2012 through June 30, 2014 and this
tentative agreement has been embodied in this MOU.
3. This MOU, upon approval by the Association and Newport Beach City Council,
represents the total and complete understanding and agreement between the
parties regarding all matters within the scope of representation. Except as
limited herein, the City retains all management rights as set forth in the Meyers-
Milias-Brown Act and Resolution 2001-50.
SECTION 1. — General Provisions
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach,
the Meyers Milias Brown Act of the State of California and the provisions of the
Employer/Employee Relations Resolution No. 2001-50, the City acknowledges
that the Association is the majority representative for the purpose of meeting
and conferring regarding wages, hours and other terms and conditions of
employment for all employees in those classifications of Lifeguard I, II, and III,
or as appropriately modified in accordance with the Employer/Employee
Relations Resolution. All other classifications and positions are excluded from
representation by the Association.
Recognition is limited to employees who are active employees ("Active
Employee") with job titles of Lifeguard I, II, and III who have worked in such
positions for the City of Newport Beach during the most recent summer season
(or the summer season the year preceding the most recent season if they took
an approved leave of absence and missed the most recent year) and have
worked 240 cumulative hours by April 15 of the calendar year. An Active
Employee is an individual who has completed the Fire Department's re-
City-ANBOL MOU
July 1, 2012 through June 30, 2014
Page 2 of 8
certification class with the expectation of working a minimum of 56 cumulative
hours per calendar year. All other employees are excluded.
B. Duration of Memorandum
1. Except as specifically provided otherwise, any ordinance, resolution or
action of the City Council necessary to implement this MOU shall be
considered effective as of July 1, 2012. This MOU shall remain in full
force and effect until June 30, 2014, and the provisions of this MOU shall
continue after the expiration date of this MOU in the event the parties are
meeting and conferring on a successor MOU. Negotiations for a
successor agreement shall commence in March 2014.
2. The terms and conditions of this MOU shall prevail over conflicting
provisions of the Newport Beach City Charter, the ordinances,
resolutions and policies of the City of Newport Beach, and federal and
state statutes, rules and regulations which either specifically provide that
agreements such as this prevail, confer rights which may be waived by
any collective bargaining agreement, or are, pursuant to decisional or
statutory law, superseded by the provisions of an agreement similar to
this MOU.
C. Employee Data and Access
Each April, the City shall provide Association a regular list of all unit members
including name, contact info (including e-mail) and job title. For those members
who specifically ask that their personal information not be given out, email
contact information only will be provided.
D. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed
upon by the parties. Therefore, for the life 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 contained herein.
E. Modifications
Any agreement, alteration, understanding, variation, or waiver or modification of
any of the terms or provisions of this MOU shall not be binding upon the parties,
unless contained in a written document executed by authorized representatives
of the parties.
City-ANBOL MOU
July 1, 2012 through June 30, 2014
Page 3 of 8
F Savings
Should any part of this MOU be rendered or declared illegal or invalid by
legislation, decree of court of competent jurisdiction or other established
governmental administrative tribunal, such invalidation shall not affect the
remaining portions of this MOU.
G. Subcontracting
As provided in the Employer -Employee Relations Resolution No. 2001-50, the
City shall determine the manner in which City services are to be provided,
including whether the City should provide services directly or contract out work,
including work that is currently being performed by Association members. In
the event the City introduces a plan to outsource services currently being
performed by Association members to achieve greater efficiency and/or cost
savings, and upon request by the Association, the City shall meet and confer
with Association representatives to discuss the impacts of the City's decision to
contract out work, a minimum of sixty (60) days prior to contracting out such
services. The City shall retain sole authority to decide whether or not to
contract out work, including work that is currently being performed by
Association members. This provision shall not limit the City's authority to enter
into such an agreement for any City services.
SECTION 2. — Compensation
A. Pay for Time Worked
1. Salary Adjustments
There shall be no salary adjustment in the first year of this 2012-2014
contract. Effective the pay period including July 1, 2013, (the second
year of the contract) base salaries shall be increased 2.0%.
2. Bi-Linqual Pay
Employees certified as bilingual (Spanish) shall be eligible to receive fifty
($.50) cents per hour in bilingual pay. The certification process will
confirm that employees are fluent at the street conversational level in
speaking Spanish. Employees certified shall receive bilingual pay the
first full pay period following certification.
Additional languages may be certified for compensation pursuant to this
section by the Fire Chief.
City-ANBOL MOU
July 1, 2012 through June 30, 2014
Page 4 of 8
3. EMT Pay
Employees who maintain certification as Emergency Medical
Technicians ("EMTs") according to State of California regulations and
Orange County EMS policy shall be eligible to receive fifty ($0.50) cents
per hour worked in "EMT Pay." Effective July 1, 2013, EMT Pay shall
increase to one dollar ($1.00) per hour worked. It is the employee's
responsibility to have their current EMT Certification on file. Employees
certified shall receive EMT Pay the first full pay period following
certification.
4. Compensation for Overtime - Normal Overtime
Normal overtime is defined as any scheduled hours worked in excess of
the basic work week. For the purposes of this section, the basic work
week is 40 hours, or as determined by the Fire Chief and approved by
the City Manager, which occurs between a fixed and regularly recurring
period of 168 hours - 7 consecutive 24 hour periods.
Definition of Hours Worked - Hours worked are defined as hours which
employees are required to be performing their regular duties or other
duties assigned by the City.
Compensation - Normal overtime for all non-exempt employees shall be
paid at one -and -one-half (1-1/2) times the employee's regular rate of
pay. Reporting of overtime on payroll forms will be as prescribed by the
Finance Director.
5. Temporary Upgrading of Employees
Temporary upgrading shall be defined as the temporary assignment of
an employee to work in a job classification which is assigned to a salary
schedule higher than his/her regular classification. Employees
temporarily assigned to Lifeguard II or Lifeguard III job classifications
shall receive a five percent (5%) pay differential over their regular rate of
pay for all time worked in the higher classification, with a minimum of
one hour required to receive the differential.
SECTION 3. - Work Hours and Staffing
A. Staffing
During "A" level staffing, Monday through Friday, two patrols (one each
in divisions 1 and 2) shall be staffed with two persons. Saturday and
City-ANBOL MOU
July 1, 2012 through June 30, 2014
Page 5 of 8
Sunday, four patrols (two each in divisions 1 and 2) shall be staffed with
two persons. The staffing will consist of a unit operator and a mentored
lifeguard. Staffing of the mentored lifeguard position will be placed on
the regular schedule and staffed per Fire Department Policy, and will be
eligible for temporary upgrade pay.
Based on availability, Lifeguard Towers will be staffed with Lifeguard II
qualified personnel during "C" level staffing. Lifeguard I personnel
staffing Towers during "C" staffing will receive temporary upgrade pay.
Upon request, declared at the beginning of each season, represented
employees shall be scheduled for at least thirty-five (35) hours per week
during "A" level staffing.
Represented employees will, during all staffing levels, be paid two (2)
hours of pay if their scheduled shift is canceled later than 4:00 p.m. the
day before the work is scheduled. The shift is considered canceled
when the City provides notice to the employee at the number designated
by the employee. Once reporting to work, employees will be afforded the
opportunity to either work their scheduled shift or voluntarily leave work
without pay if work is not available.
SECTION 4. — Fringe Benefits
A. Equipment Allotment
Represented employees in the Association shall be paid Two Hundred ($ 200)
Dollars, annually, towards the purchase of UVA/UVB compliant sunglasses,
sweat pants, full brimmed or ball cap style hat, equipment carrying bag, water
proof watch and replacement and/or repair of any work -related equipment.
This payment will be made by the first full pay period in July of each season
they are working. Sunglasses must be full coverage, have polarized lenses,
and be worn whenever conditions warrant.
B. Sunscreen
Represented employees will be provided sunscreen and lip balm on an as -
needed basis.
C. Skin Cancer Screening
Annual skin cancer examinations shall be provided for unit employees at a
facility selected by the City. Employees who are scheduled to be screened off
duty will be paid one (1) hour of compensation.
City-ANBOL MOU
July 1, 2012 through June 30, 2014
Page 6 of 8
D. Binoculars
Represented employees shall be provided a pair of binoculars in accordance
with the Fire Department's Standard Operating Procedures. Binoculars must
be kept in good working order by the employee and must be brought to work for
each Lifeguard Operations shift, which will be confirmed by inspection by the
Division Supervisors. If the provided binoculars are lost or damaged, the
employee shall replace them with a pair meeting the City's specifications. Upon
separation from the Fire Department, employee shall return the binoculars to
their supervisor unless a purchasing agreement is made at time of separation.
E. Other Equipment
One pair of uniform trunks and two uniform shirts, each season.
One jacket per career, replaced when unserviceable.
One pair swim fins, one mask and snorkel per career, replaced by City if lost or
broken in the execution of work duties.
F. Gym
Represented employees will be provided access to the City Gym.
G. Parking Passes
Represented employees will be provided one parking pass that does the
following:
■ Allows "blue pole" parking year around.
■ Allows "all meter" parking June 15 to September 30.
H. Identification Card
Upon request, represented employees who desire an Identification (ID) Card
shall be provided with an official wallet -sized City of Newport Beach
identification card.
I. Other Benefits Not Guaranteed
Employees represented by the Association of Newport Beach Ocean Lifeguards
may, in the sole discretion of the City, be provided additional benefits/privileges.
City-ANBOL MOU
July 1, 2012 through June 30, 2014
Page 7 of 8
J. PERS
Unit members enrolled in California Public Employees Retirement System
(CaIPERS) shall pay the full 9% "safety member" contribution of CaIPERS
reportable earnings and the Employer Paid Member Contribution will be 0%.
This payment will be made on a pre-tax basis through payroll deduction
pursuant to IRS Code Section 414(h)(2). This contribution will not be
considered as part of employee's "compensation earnable" under Government
Code section 20636.
SECTION 5. - Miscellaneous
A. Disciplinary Actions
Represented employees are afforded the opportunity to seek internal resolution
of any disciplinary actions having a financial impact on the employee.
Represented employees may appeal any such actions to the Fire Chief, or
his/her designee, within ten (10) calendar days of the disciplinary action. The
Fire Chief or designee will meet with the employee and a representative of their
choosing within ten (10) calendar days of the appeal. If the matter continues to
be unresolved, the employee may, within ten (10) calendar days, appeal to the
City Manager or the City Manager's designee. The City Manager or designee
will meet with the employee and their representative. Within ten (10) calendar
days, the City Manager or designee shall issue his/her decision. The decision
of the City Manager or designee shall be final.
This is the only City appeal procedure for the term of this agreement.
B. Orientation
Association representatives will be allowed ten minutes at the end of training
sessions to address newly hired trainees.
C. Work Access
ANBOL representatives shall have access to employees in the workplace
through an ANBOL dedicated bulletin board in lifeguard headquarters.
ANBOL representatives shall be allowed 10 minutes at the beginning of class to
address employees at every Lifeguard Recertification course.
City-ANBOL MOU
July 1, 2012 through June 30, 2014
Page 8 of 9
D. Leave of Absence
Employees requesting a Leave of Absence for a summer season must do so by
submitting the request in writing, as provided in the Fire Department Standard
Operating Procedure. Leaves of absence will only be permitted once within a
five year period.
E. Classification Study
At the time of adoption of this 2012-2014 MOU, the City is undergoing a
comprehensive study of its classification and compensation program. The City
agrees to review the classifications of Lifeguard 1, II, and 111 for the purpose of
assessing appropriate classification structure and assignment.
Executed this 1 3 day of ( ,9USl2013:
ATTEST:
By:
Leilani Brown, City Clerk
ASSOCIATION OF NEWPORT BEACH OCEAN
LIFEGUARDS
By:
Chris Graham, President
CITY OF NEWPORT BEACH
By:
Keith D. urry, Mayor
OVED AS TO FORM:
Aaron C. Harp, City Attorney el\ 13
Date
Tentative Agreement
Between the City of Newport Beach and the
Association of Newport Beach Ocean Lifeguards
On July 11, 2013, representatives from the City of Newport Beach and the Association of
Newport Beach Ocean Lifeguards reached a tentative agreement on the terms for a
successor Memorandum of Understanding to the memorandum that expired June 30,
2012. The parties have been meeting collaboratively since March 2013 on a number of
issues including staffing, wage adjustments, and increases to the equipment allowance.
The provisions of the agreement include:
Contract Term: two years, from July 1, 2012 through June 30, 2014
Wage Adjustment: 2.0% wage adjustment effective the pay period including 7/1/2013
Emergency Medical Technician Certification: effective the pay period including
7/1/2013 EMT Certificate pay will increase from $.50 per hour to $1.00 per hour
Equipment Allotment: the Equipment Allotment, issued the first full pay period in July,
will be increased from $140 per year to $200 per year
Disciplinary Appeals Process: the Disciplinary appeals process shall be modified to
indicate the Fire Chief or "designee" shall be the first level of appeal review, and the
City Manager or "designee" shall be the final level of appeal review
Other Items: additional modifications to the MOU include 1) standard subcontracting
clause, 2) Lifeguard I, II, III job classifications to be reviewed as part of the Fox Lawson
& Associates classification and compensation study, 3) clarification that to be ANBOL
eligible employees must reach the 240 hours requirement by April 15, and 4) modify
the works standards policy to permit leaves of absence once every 5 years.
The terms of this agreement are tentative pending final adoption and ratification of the
Memorandum of Understanding by the Newport Beach City Council, per Government
Code §3505.1.
For the City of Newport Beach: For the Association of Newport Beach
Ocean Lifeguards:
Dave 1 , City Manager
Chris Graham, President
riIn 7//e/zo,3
Date
Attest
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND THE
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU") is entered into with reference to the following:
PREAMBLE
1. The Association of Newport Beach Ocean Lifeguards ("ANBOL" or
"Association"), a recognized employee organization, and the City of Newport
Beach ("City"), a municipal corporation and charter city, have been meeting and
conferring, in good faith, with respect to wages, hours, fringe benefits and other
terms and conditions of employment.
2. Association representatives and City representatives have reached a tentative
agreement on June 27, 2011 as to wages, hours and other terms and
conditions of employment for the period from May 1, 2011 to June 30, 2012 and
this tentative agreement has been embodied in this MOU.
3. This MOU, upon approval by the Association 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.
Except as limited herein, the City retains all management rights as set forth in
the Meyers-Milias-Brown Act and Resolution 2001-50.
SECTION 1. — General Provisions
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach,
the Meyers Milias Brown Act of the State of California and the provisions of the
Employer/Employee Relations Resolution No. 2001-50, the City acknowledges
that the Association is the majority representative for the purpose of meeting
and conferring regarding wages, hours and other terms and conditions of
employment for all employees in those classifications of Lifeguard I, II, and III,
or as appropriately modified in accordance with the Employer/Employee
Relations Resolution. All other classifications and positions are excluded from
representation by the Association.
Recognition is limited to employees who are active employees ("Active
Employee") with job titles of Lifeguard I, II, and III who have worked in such
positions for the City of Newport Beach during the most recent summer season
(or the summer season the year preceding the most recent season if they took
an approved leave of absence and missed the most recent year) and who have
worked 240 cumulative hours. An Active Employee is an individual who has
completed the Fire Department's re -certification class with the expectation of
City-ANBOL MOU
May 1, 2011 through June 30, 2012
Page 2 of 7
working a minimum of 56 cumulative hours per calendar year. All other
employees are excluded.
B. Duration of Memorandum
1. Except as specifically provided otherwise, any ordinance, resolution or
action of the City Council necessary to implement this MOU shall be
considered effective as of May 1, 2011. This MOU shall remain in full
force and effect until June 30, 2012, 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. Negotiations for a
successor agreement shall commence in March 2012.
The terms and conditions of this MOU shall prevail over conflicting
provisions of the Newport Beach City Charter, the ordinances,
resolutions and policies of the City of Newport Beach, and federal and
state statutes, rules and regulations which either specifically provide that
agreements such as this prevail, confer rights which may be waived by
any collective bargaining agreement, or are, pursuant to decisional or
statutory law, superseded by the provisions of an agreement similar to
this MOU.
C. Employee Data and Access
Each April, the City shall provide Association a regular list of all unit members
including name, contact info (including e-mail) and job title. For those members
who specifically ask that their personal information not be given out, email
contact information only will be provided.
D. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed
upon by the parties. Therefore, for the life 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 contained herein.
E. Modifications
Any agreement, alteration, understanding, variation, or waiver or modification of
any of the terms or provisions of this MOU shall not be binding upon the parties
unless contained in a written document executed by authorized representatives
of the parties.
City-ANBOL MOU
May 1, 2011 through June 30, 2012
Page 3 of 7
F. Savings
Should any part of this MOU be rendered or declared illegal or invalid by
legislation, decree of court of competent jurisdiction or other established
governmental administrative tribunal, such invalidation shall not affect the
remaining portions of this MOU.
SECTION 2. — Compensation
A. Pay for Time Worked
1. Salary Adjustments
Base salaries shall remain unchanged for the term of this agreement.
2. Bi-Lingual Pay
Employees certified -as bilingual (Spanish) shall be eligible to receive fifty
($.50) cents per hour in bilingual pay. The certification process will
confirm that employees are fluent at the street conversational level in
speaking Spanish. Employees certified shall receive bilingual pay the
first full pay period following certification.
Additional languages may be certified for compensation pursuant to this
section by the Fire Chief.
3. EMT Pay
Employees who maintain certification as Emergency Medical
Technicians ("EMTs") according to State of California regulations and
Orange County EMS policy shall be eligible to receive fifty ($0.50) cents
per hour worked in "EMT Pay." It is the employee's responsibility to
have their current EMT Certification on file. Employees certified shall
receive EMT Pay the first full pay period following certification.
4. Compensation for Overtime - Normal Overtime
Normal overtime is defined as any scheduled hours worked in excess of
the basic work week. For the purposes of this section, the basic work
week is 40 hours, or as determined by the Department Director and
approved by the City Manager which occurs between a fixed and
regularly recurring period of 168 hours - 7 consecutive 24 hour periods.
City-ANBOL MOU
May 1, 2011 through June 30, 2012
Page 4 of 7
Definition of Hours Worked - Hours worked are defined as hours which
employees are required to be performing their regular duties or other
duties assigned by the City.
Compensation - Normal overtime for all non-exempt employees shall be
paid at one -and -one-half (1-1/2) times the hourly rate of the employee's
bi-weekly salary rate. Reporting of overtime on payroll forms will be as
prescribed by the Administrative Services/Finance Director.
5. Temporary Upgrading of Employees
Temporary upgrading shall be defined as the temporary assignment of
an employee to work in a job classification which is assigned to a salary
schedule higher than his/her regular classification. Employees
temporarily assigned to Lifeguard II or Lifeguard III job classifications
shall receive a five percent (5%) pay differential over their regular rate of
pay for all time worked in the higher classification, with a minimum of
one hour required to receive the differential.
SECTION 3. - Work Hours and Staffing
A. Staffing
During "A" level staffing, Monday through Friday, two patrols (one each
in divisions 1 and 2) shall be staffed with two persons. Saturday and
Sunday, four patrols (two each in divisions 1 and 2) shall be staffed with
two persons. The staffing will consist of a unit operator and a mentored
lifeguard. Staffing of the mentored lifeguard position will be placed on
the regular schedule and staffed per Fire Department Policy, and will be
eligible for temporary upgrade pay.
Based on availability, Lifeguard Towers will be staffed with Lifeguard II
qualified personnel during "C" level staffing. Lifeguard I personnel
staffing Towers during "C" staffing will receive temporary upgrade pay.
Upon request, declared at the beginning of each season, represented
employees shall be scheduled for at least thirty-five (35) hours per week
during "A" level staffing.
Represented employees will, during all staffing levels, be paid two (2)
hours of pay if their scheduled shift is canceled later than 4:00 p.m. the
day before the work is scheduled. The shift is considered canceled
when the City provides notice to the employee at the number designated
by the employee. Once reporting to work, employees will be afforded the
City-ANBOL MOU
May 1, 2011 through June 30, 2012
Page 5of7
opportunity to either work their scheduled shift or voluntarily leave work
without pay if work is not available.
SECTION 4. — Fringe Benefits
A. Equipment Allotment
Represented employees in the Association shall be paid One Hundred and
Forty ($140.00) Dollars annually towards the purchase of UVA/UVB compliant
sunglasses, sweat pants, full brimmed or ball cap style hat, equipment carrying
bag, water proof watch and replacement and/or repair of any work related
equipment. This payment will be made by the first full pay period in July of
each season they are working. Sunglasses must be full coverage, have
polarized lenses, and be worn whenever conditions warrant.
B. Sunscreen
Represented employees will be provided sunscreen and lip balm on an as -
needed basis.
Skin Cancer Screening
Annual skin cancer examinations shall be provided for unit employees at a
facility selected by the City. Employees who are scheduled to be screened off
duty will be paid one (1) hour of compensation.
D. Binoculars
Represented employees shall be provided a pair of binoculars (minimum power
10 x 50) at the start of their careers with the City. Binoculars must be kept in
good working order by the employee and must be brought to work for each
Lifeguard Operations shift, which will be confirmed by inspection by the Division
Supervisors. If the provided binoculars are lost or damaged, the employee
shall replace them with a pair meeting the City's specifications.
E. Other Equipment
One pair of uniform trunks and two uniform shirts each season.
One jacket per career, replaced when unserviceable.
One pair swim fins, one mask and snorkel per career, replaced by City if lost or
broken in the execution of work duties.
City-ANBOL MOU
May 1, 2011 through June 30, 2012
Page 6 of 7
F. Gym
Represented employees will be provided access to the City Gym.
G. Parking Passes
Represented employees will be provided one parking pass that does the
following:
• Allows "blue pole" parking year around.
• Allows "all meter" parking June 15th to September 30th.
H. Identification Card
Upon request, represented employees who desire an Identification (ID) Card
shall be provided with an official wallet -sized City of Newport Beach
identification card.
Other Benefits Not Guaranteed
Employees represented by the Association of Newport Beach Ocean Lifeguards
may, in the sole discretion of the City, be provided additional benefits/privileges.
J. Effective July 2, 2011, unit members enrolled in California Public Employees
Retirement System (CaIPERS) will pay the full 9% "safety member" contribution
of CaIPERS reportable eamings and the Employer Paid Member Contribution
will be 0%. This payment will be made on a pre-tax basis through payroll
deduction pursuant to IRS Code Section 414(h)(2). This contribution will not be
considered as part of employee's "compensation eamable" under Government
Code section 20636.
SECTION 5. - Miscellaneous
A. Disciplinary Actions
Represented employees are afforded the opportunity to seek internal resolution
of any disciplinary actions having a financial impact on the employee.
Represented employees may appeal any such actions to the Fire Chief within
ten (10) calendar days of the disciplinary action. The Fire Chief will meet with
the employee and a representative of their choosing within ten (10) calendar
days of the appeal. If the matter continues to be unresolved, the employee
may, within ten (10) calendar days, appeal to the City Manager. The City
Manager will meet with the employee and their representative. Within ten (10)
calendar days, the City Manager shall issue his/her decision. The decision of
the City Manager shall be final.
City-ANBOL MOU
May 1, 2011 through June 30, 2012
Page 7 of 7
This is the only City appeal procedure for the term of this agreement.
Orientation
Association representatives will be allowed ten minutes at the end of training
sessions to address newly hired trainees.
Work Access
ANBOL representatives shall have access to employees in the workplace
through an ANBOL dedicated bulletin board in lifeguard headquarters.
ANBOL representatives shall be allowed 10 minutes at the beginning of class to
address employees at every Lifeguard Recertification course.
Executed this a 4/1Lday of Silt- L , 2011:
ASS IAT a N OF ,JE 'PORT BEACH OCEAN
LIFE c. A'A S
By'.
J: h Yocam, Pre�%-n
CITY OF NEWR'ORT BEA
By:
Micha&'F. Henn, Mayor
Leilani Brown, City Clerk
APPROV
ORM:
David Hunt, City Attorney
SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF NEWPORT BEACH AND THE
NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
This SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING (hereinafter
referred to as "Supplemental MOU") is entered into modifying the Memorandum of
Understanding between the City of Newport Beach and the Newport Beach Lifeguard
Management Association for the period of January 1, 2009 through December 31, 2011
(hereinafter "MOU"). Upon signing of this Supplemental MOU, the MOU is modified to
incorporate the changes memorialized herein. No other changes are effectuated by the
parties. Except as expressly stated in this Supplemental MOU all terms and conditions
of the MOU remain in full force and effect. The changes referenced in this
Supplemental MOU shall take effect on July 1, 2011 and shall remain in effect for the
balance of the term of the MOU.
SECTION 4. -FRINGE BENEFITS
A. Insurance — Amended to read:
2. City Contribution
The City has implemented an IRS qualified Cafeteria Plan. NBLMA
members shall participate in this plan. The City contribution toward the
Cafeteria Plan shall be as set forth below. 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 Lifeguard Management Association will cooperate in pursuing
additional optional benefits to be available through the Cafeteria Plan.
Any unused Cafeteria Plan funds shall be payable to the employee as
taxable cash back. Employees shall be allowed to change coverages in
accordance with plan rules and during regular open enrollment periods.
Effective the pay period beginning December 20, 2008, the City's
contribution towards the Cafeteria Plan increases to $974 (plus the
minimum CalPERS participating employer's contribution).
Effective the pay period beginning December 19, 2009, the City's
contribution towards the Cafeteria Plan will increase to $1049 (plus the
minimum CatPERS participating employer's contribution).
Effective July 2, 2011, the City's contribution towards the Cafeteria
Plan will increase to $1149 per month (plus the minimum CalPERS
Supplemental Memorandum Page 1 of 4 July 1, 2011 through
of Understanding December 31, 2011
participating employer's contribution).
LMA members who do not want to 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.
D. The Retirement Benefit- Amended to read:
Pursuant to Section 20691 of the California Government Code, the City
shall pay to PERS, on behalf of all employees covered by this agreement
and hired before May 25, 2010, the entire required normal "safety
member" retirement contribution, but not to exceed 9% of the
compensation earnable which PERS uses to calculate retirement
contributions and benefits. For employees hired after May 25, 2010 the
City will pay 3.5% of the member contribution. Such employees will be
eligible to receive the 9% the beginning of their 6th year of uninterrupted
service. In addition, the amount of this payment shall be reported to PERS
as special compensation, which is part of the employee's compensation
earnable, pursuant to the provisions of Section 20636 (c)(4) of the
California Government Code, as amended effective July 1, 1994. This
payment shall be credited to the employee's accounts maintained by
PERS in accordance with Section 20691 of the California Government
Code. NBLMA acknowledges that the City is making this payment
pursuant to a specific request of NBLMA to do so, that the City has made
significant financial commitments to NBLMA in this MOU in consideration
of the members' agreement to relinquish their previously held "irrevocable
right" to pay their own PERS contribution and receive a corresponding
salary increase, and that the significant financial concessions to NBLMA
(which included Leave Premium Pay Accounts, changes in the calculation
of "hours worked" for purposes of overtime and internal salary
adjustments) were made to avoid the potential for increased overtime
compensation approximating $450,000 if all NBLMA members exercise
their irrevocable right to make their own PERS contribution and receive a
corresponding salary increase.
Effective July 2, 2011, the City will no longer pay or report any
portion of the normal "safety member" contribution" and the value of
the "employer paid member contribution" (EPMC) will be eliminated.
All unit members will pay the full 9% "safety member" contribution of
CaIPERS reportable earnings. This payment will be made on a pre-
tax basis through payroll deduction pursuant to IRS Code Section
414(h)(2). This contribution will not be considered as part of
employee's "compensation earnable" under Government Code
Supplemental Memorandum Page 2 of 4 July 1, 2011 through
of Understanding December 31, 2011
section 20636.
3. The City's contract with PERS alse-prevides-fer provides the following:
a. A 3% @ 50 retirement formula pursuant to the provisions of Section
21362.2 of the California Government Code.
b. The military buy-back provisions pursuant to Section 21024 of the
California Government Code and the highest year benefit pursuant
to Section 20042.
c. The Level 4 1959 Survivor Benefit.
The Pre -Retirement Option Settlement 2 Death Benefit (Section
21548).
e. Effective as soon as practicable after adoption of this
Supplemental Memorandum of Understanding, but no sooner
than July 1, 2011, the City will contract with CaIPERS to
implement the '2%@50 retirement formula for all newly hired
employees. The 2%@50 retirement formula "final
compensation" shall be defined as set out in Government
Code section 20037 and calculated based upon the average of
the 36 highest paid consecutive months.
3. Effective February 27, 2010, all employees will contribute 3.5% of bacc
pay tewarelcc retire ent costs This ono will be made e e tax
basis through payrnu de,tu tion n nt to IRS Corte Soon., n�nitiv��
This contribution will not affect the reporting of the 9% EPMC for
employees hired bcforc May 25, 2010 (Section 20636)(c)('l) of the
The parties witness their agreement to the above by affixing their signatures below.
Executed this day of June, 2011:
Supplemental Memorandum
Signatures on the following page.
Page 3 of 4 July 1, 2011 through
of Understanding December 31, 2011
Newport Beach Lifeguard Management
Association
By
Brent Jaco•-en, President
City of New ort Beach
By )--
Michael F. Henn, Mayor
APPROVED AS TO FORM:
By
David R. Hunt, CitAttorney
ATTEST:
By 1i
Leilani Brown, City Clerk
Supplemental Memorandum Page 4 of 4 July 1, 2011 through
of Understanding December 31, 2011
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND THE
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU") is entered into with reference to the following:
PREAMBLE
1. The Association of Newport Beach Ocean Lifeguards ("ANBOL" or
"Association"), a recognized employee organization, and the City of Newport
Beach ("City"), a municipal corporation and charter city, have been meeting and
conferring, in good faith, with respect to wages, hours, fringe benefits and other
terms and conditions of employment.
2. Association representatives and City representatives have reached a tentative
agreement on June 8, 2010 as to wages, hours and other terms and conditions
of employment for the period from May 1, 2010 to April 30, 2011 and this
tentative agreement has been embodied in this MOU.
3. This MOU, upon approval by the Association 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.
Except as limited herein, the City retains all management rights as set forth in
the Meyers-Milias-Brown Act and Resolution 2001-50.
SECTION 1. — General Provisions
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach,
the Meyers Milias Brown Act of the State of California and the provisions of the
Employer/Employee Relations Resolution No. 2001-50, the City acknowledges
that the Association is the majority representative for the purpose of meeting
and conferring regarding wages, hours and other terms and conditions of
employment for all employees in those classifications of Lifeguard I, II, and III,
or as appropriately modified in accordance with the Employer/Employee
Relations Resolution. All other classifications and positions are excluded from
representation by the Association.
Recognition is limited to employees who are active employees ("Active
Employee") with job titles of Lifeguard I, II, and III who have worked in such
positions for the City of Newport Beach during the most recent summer season
(or the summer season the year preceding the most recent season if they took
an approved leave of absence and missed the most recent year) and who have
worked 240 cumulative hours. An Active Employee is an individual who has
completed the Fire Department's re -certification class with the expectation of
City-ANBOL MOU
May 1, 2010 through April 30, 2011
Page 2 of 7
working a minimum of 56 cumulative hours per calendar year. All other
employees are excluded.
B. Duration of Memorandum
1. Except as specifically provided otherwise, any ordinance, resolution or
action of the City Council necessary to implement this MOU shall be
considered effective as of May 1, 2010. This MOU shall remain in full
force and effect until April 30, 2011, 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. Negotiations for a
successor agreement shall commence in January 2011.
2. The terms and conditions of this MOU shall prevail over conflicting
provisions of the Newport Beach City Charter, the ordinances,
resolutions and policies of the City of Newport Beach, and federal and
state statutes, rules and regulations which either specifically provide that
agreements such as this prevail, confer rights which may be waived by
any collective bargaining agreement, or are, pursuant to decisional or
statutory law, superseded by the provisions of an agreement similar to
this MOU.
C. Employee Data and Access
Each April, the City shall provide Association a regular list of all unit members
including name, contact info (including e-mail) and job title. For those members
who specifically ask that their personal information not be given out, email
contact information only will be provided.
D. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed
upon by the parties. Therefore, for the life 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 contained herein.
E. Modifications
Any agreement, alteration, understanding, variation, or waiver or modification of
any of the terms or provisions of this MOU shall not be binding upon the parties
unless contained in a written document executed by authorized representatives
of the parties.
City-ANBOL MOU
May 1, 2010 through April 30, 2011
Page 3 of 7
F. Savings
Should any part of this MOU be rendered or declared illegal or invalid by
legislation, decree of court of competent jurisdiction or other established
governmental administrative tribunal, such invalidation shall not affect the
remaining portions of this MOU.
SECTION 2. — Compensation
A. Pay for Time Worked
1. Salary Adjustments
Base salaries shall remain unchanged for the term of this agreement.
2. Bi-Lingual Pay
Employees certified as bilingual (Spanish) shall be eligible to receive fifty
($.50) cents per hour in bilingual pay. The certification process will
confirm that employees are fluent at the street conversational level in
speaking Spanish. Employees certified shall receive bilingual pay the
first full pay period following certification.
Additional languages may be certified for compensation pursuant to this
section by the Fire Chief.
3. EMT Pay
Employees who maintain certification as Emergency Medical
Technicians ("EMTs") according to State of California regulations and
Orange County EMS policy shall be eligible to receive fifty ($0.50) cents
per hour worked in "EMT Pay." It is the employee's responsibility to
have their current EMT Certification on file. Employees certified shall
receive EMT Pay the first full pay period following certification.
4. Compensation for Overtime - Normal Overtime
Normal overtime is defined as any scheduled hours worked in excess of
the basic work week. For the purposes of this section, the basic work
week is 40 hours, or as determined by the Department Director and
approved by the City Manager which occurs between a fixed and
regularly recurring period of 168 hours - 7 consecutive 24 hour periods.
City-ANBOL MOU
May 1, 2010 through April 30, 2011
Page 4 of 7
Definition of Hours Worked - Hours worked are defined as hours which
employees are required to be performing their regular duties or other
duties assigned by the City.
Compensation - Normal overtime for all non-exempt employees shall be
paid at one -and -one-half (1-1/2) times the hourly rate of the employee's
bi-weekly salary rate. Reporting of overtime on payroll forms will be as
prescribed by the Administrative Services Director.
5. Temporary Upgrading of Employees
Temporary upgrading shall be defined as the temporary assignment of
an employee to work in a job classification which is assigned to a salary
schedule higher than his/her regular classification. Employees
temporarily assigned to Lifeguard II or Lifeguard III job classifications
shall receive a five percent (5%) pay differential over their regular rate of
pay for all time worked in the higher classification, with a minimum of
one hour required to receive the differential.
SECTION 3. - Work Hours and Staffing
A. Staffing
During "A" level staffing, Monday through Friday, two patrols (one each
in divisions 1 and 2) shall be staffed with two persons. Saturday and
Sunday, four patrols (two each in divisions 1 and 2) shall be staffed with
two persons. The staffing will consist of a unit operator and a mentored
lifeguard. Staffing of the mentored lifeguard position will be placed on
the regular schedule and staffed per Fire Department Policy, and will be
eligible for temporary upgrade pay.
Based on availability, Lifeguard Towers will be staffed with Lifeguard II
qualified personnel during "C" level staffing. Lifeguard I personnel
staffing Towers during "C" staffing will receive temporary upgrade pay.
Upon request, declared at the beginning of each season, represented
employees shall be scheduled for at least thirty-five (35) hours per week
during "A" level staffing.
Represented employees will, during all staffing levels, be paid two (2)
hours of pay if their scheduled shift is canceled later than 4:00 p.m. the
day before the work is scheduled. The shift is considered canceled
when the City provides notice to the employee at the number designated
by the employee. Once reporting to work, employees will be afforded the
City-ANBOL MOU
May 1, 2010 through April 30, 2011
Page 5 of 7
opportunity to either work their scheduled shift or voluntarily leave work
without pay if work is not available.
SECTION 4. — Fringe Benefits
A. Equipment Allotment
Represented employees in the Association shall be paid One Hundred and
Forty ($140.00) Dollars annually towards the purchase of UVA/UVB compliant
sunglasses, sweat pants, full brimmed or ball cap style hat, equipment carrying
bag, water proof watch and replacement and/or repair of any work related
equipment. This payment will be made by the first full pay period in July of
each season they are working. Sunglasses must be full coverage, have
polarized lenses, and be worn whenever conditions warrant.
B. Sunscreen
Represented employees will be provided sunscreen and lip balm on an as -
needed basis.
C. Skin Cancer Screening
Annual skin cancer examinations shall be provided for unit employees at a
facility selected by the City. Employees who are scheduled to be screened off
duty will be paid one (1) hour of compensation.
D. Binoculars
Represented employees shall be provided a pair of binoculars (minimum power
10 x 50) at the start of their careers with the City. Binoculars must be kept in
good working order by the employee and must be brought to work for each
Lifeguard Operations shift, which will be confirmed by inspection by the Division
Supervisors. If the provided binoculars are lost or damaged, the employee
shall replace them with a pair meeting the City's specifications.
E. Other Equipment
One pair of uniform trunks and two uniform shirts each season.
One jacket per career, replaced when unserviceable.
One pair swim fins, one mask and snorkel per career, replaced by City if lost or
broken in the execution of work duties.
City-ANBOL MOU
May 1, 2010 through April 30, 2011
Page 6 of 7
F. Gym
Represented employees will be provided access to the City Gym.
G. Parking Passes
Represented employees will be provided one parking pass that does the
following:
• Allows "blue pole" parking year around.
a Allows "all meter" parking June 15th to September 30th.
H. Identification Card
Upon request, represented employees who desire an Identification (ID) Card
shall be provided with an official wallet -sized City of Newport Beach
identification card.
Other Benefits Not Guaranteed
Employees represented by the Association of Newport Beach Ocean Lifeguards
may, in the sole discretion of the City, be provided additional benefits/privileges.
SECTION 5. - Miscellaneous
A. Disciplinary Actions
Represented employees are afforded the opportunity to seek internal resolution
of any disciplinary actions having a financial impact on the employee.
Represented employees may appeal any such actions to the Fire Chief within
ten (10) calendar days of the disciplinary action. The Fire Chief will meet with
the employee and a representative of their choosing within ten (10) calendar
days of the appeal. If the matter continues to be unresolved, the employee
may, within ten (10) calendar days, appeal to the City Manager. The City
Manager will meet with the employee and their representative. Within ten (10)
calendar days, the City Manager shall issue his/her decision. The decision of
the City Manager shall be final.
This is the only City appeal procedure for the term of this agreement.
B. Orientation
Association representatives will be allowed ten minutes at the end of training
sessions to address newly hired trainees.
City-ANBOL MOU
May 1, 2010 through April 30, 2011
Page 7 of 7
C. Work Access
ANBOL representatives shall have access to employees in the workplace
through an ANBOL dedicated bulletin board in lifeguard headquarters.
ANBOL representatives shall be allowed 10 minutes to address employees at
every Lifeguard Recertification course during lunch breaks.
Executed this 1 day of 7i1tfr , 2010:
ATTEST:
Bv:
• . SOCIA ► • N OF WPORT BEACH OCEAN
LI OU
By:
osh ocam, Presid=) t
CITY OF NEWPORT BEACH
By:
Keith Curry, May r
Leila i Brown, Ci y Clerk
APPROVED AS TO FORM:
ATTACHMENT B
RESOLUTION NO. 2010 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ADOPTING EMPLOYER PAID MEMBER
CONTRIBUTIONS TIME -IN -GRADE EXCEPTION
WHEREAS, the City Council of the City of Newport Beach has elected to pay all or
part of the normal member contributions to the California Public Employees' Retirement
System (CaIPERS) pursuant to Government Code Section 20691, and applicable labor
policies and agreements; and
WHEREAS, the City Council of the City of Newport Beach may elect a Time -in -Grade
Exception to said Employer Paid Member Contributions (EPMC) within a given group or
class of employees as defined in Government Code Section 20636(e)(1) and as specifically
authorized in Title 2, California Code of Regulations Section 569;
WHEREAS, the City Council of the City of Newport Beach desires to implement a
Time -in -Grade Exception and abide by the provisions of Title 2, California Code of
Regulations Section 569; and
WHEREAS, CaIPERs reviewed the proposed Resolution and approved the terms of
the Time -in -Grade Exception on April 23, 2010.
NOW, THEREFORE, the City Council of the City of Newport Beach does RESOLVE
to implement a Time -in -Grade Exception as follows:
Section 1. The Time -in -Grade Exception shall apply to all employees of the Newport
Beach Lifeguard Management Association (NBLMA).
Section 2. The City of Newport Beach elects to continue to pay 9% of the Employer
Paid Member Contribution for all current Newport Beach Lifeguard Management Association
employees.
Section 3. For employees in the Newport Beach Lifeguard Management Association
hired after the date of adoption of this resolution, the City of Newport Beach shall pay 3.5%
of the Employer Paid Member Contribution.
Section 4. Beginning the sixth (6th) year of uninterrupted service employees will be
entitled to payment of EPMC on the same terms that apply to other safety employees in the
unit.
Adopted this
ATTEST:
day of 2010.
BY
Mayor of the City of Newport Beach
City Clerk
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND THE
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS, LOCAL 906
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU") is entered into with reference to the following:
PREAMBLE
1. The Association of Newport Beach Ocean Lifeguards, Local 906 ("ANBOL" or
"Association"), a recognized employee organization, and the City of Newport
Beach ("City"), a municipal corporation and charter city, have been meeting and
conferring, in good faith, with respect to wages, hours, fringe benefits and other
terms and conditions of employment.
2. Association representatives and City representatives have reached a tentative
agreement on July 31, 2007 as to wages, hours and other terms and conditions
of employment for the period from April 1, 2007 to March 31, 2009 and this
tentative agreement has been embodied in this MOU.
3. This MOU, upon approval by the Association 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.
Except as limited herein, the City retains all management rights as set forth in
the Meyers-Milias-Brown Act and resolution 7173.
SECTION 1. — General Provisions
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach,
the Meyers Milias Brown Act of the State of California and the provisions of the
Employer/Employee Relations Resolution No. 7173, the City acknowledges that
the Association is the majority representative for the purpose of meeting and
conferring regarding wages, hours and other terms and conditions of
employment for all employees in those classifications of Lifeguard I, II, and III,
or as appropriately modified in accordance with the Employer/Employee
Relations Resolution. All other classifications and positions are excluded from
representation by the Association.
Recognition is limited to employees who are active employees ("Active
Employee") with job titles of Lifeguard I, II, and III who have worked in such
positions for the City of Newport Beach during the most recent summer season
(or the summer season the year preceding the most recent season if they took
an approved leave of absence and missed the most recent year) and who have
worked 300 cumulative hours. An Active Employee is an individual who has
completed the Fire Department's re -certification class with the expectation of
City-ANBOL MOU
April 2007 through March 2009
Page 2 of 7
working a minimum of 56 cumulative hours per calendar year. All other
employees are excluded.
B. Duration of Memorandum
1. Except as specifically provided otherwise, any ordinance, resolution or
action of the City Council necessary to implement this MOU shall be
considered effective as of April 1, 2007. This MOU shall remain in full
force and effect until March 31, 2009, 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. Negotiations
for a successor agreement shall commence in January 2009.
2 The terms and conditions of this MOU shall prevail over conflicting
provisions of the Newport Beach City Charter, the ordinances,
resolutions and policies of the City of Newport Beach, and federal and
state statutes, rules and regulations which either specifically provide that
agreements such as this prevail, confer rights which may be waived by
any collective bargaining agreement, or are, pursuant to decisional or
statutory law, superseded by the provisions of an agreement similar to
this MOU.
C. Employee Data and Access
Each April, the City shall provide Association a regular list of all unit members
including name, contact info (including e-mail) and job title. The list will include
all members except for those members who specifically ask that their personal
information not be given out.
D. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed
upon by the parties. Therefore, for the life of this MOU, neither party shall be
compelled, and each party expressly waives its rights to request the other to
meet and confer concerning any issue contained herein.
E. Modifications
Any agreement, alteration, understanding, variation, or waiver or modification of
any of the terms or provisions of this MOU shall not be binding upon the parties
unless contained in a written document executed by authorized representatives
of the parties.
City-ANBOL MOU
April 2007 through March 2009
Page 3 of 7
F. Savings
Should any part of this MOU be rendered or declared illegal or invalid by
legislation, decree of court of competent jurisdiction or other established
governmental administrative tribunal, such invalidation shall not affect the
remaining portions of this MOU.
SECTION 2. — Compensation
A. Pay for Time Worked
1. Salary Adjustments
Base salaries will be increased effective the first pay period in April 2007
as follows:
• Four (4%) percent Lifeguard I & II; and
• Five (5%) percent Lifeguard III.
Base salaries will increase four (4%) percent effective the first pay period
in April 2008.
The City will conduct a salary survey prior to April 15 of each year,
reflecting salaries in effect as of April 1, and assess the City's
competitive position for recruitment.
2. Bi-Lingual Pay
Employees certified as bilingual (Spanish) shall be eligible to receive fifty
($.50) cents per hour in bilingual pay. The certification process will
confirm that employees are fluent at the street conversational level in
speaking Spanish. Employees certified shall receive bilingual pay the
first full pay period following certification.
Additional languages may be certified for compensation pursuant to this
section by the Fire Chief.
3. EMT Pay
Employees who maintain certification as Emergency Medical
Technicians ("EMTs") according to State of California regulations and
Orange County EMS policy shall be eligible to receive fifty ($0.50) cents
per hour worked in "EMT Pay." It is the employees' responsibility to
have their current EMT Certification on file. Employees certified shall
receive EMT Pay the first full pay period following certification.
City-ANBOL MOU
April 2007 through March 2009
Page 4 of 7
4. Compensation for Overtime - Normal Overtime
Normal overtime is defined as any scheduled hours worked in excess of
the basic work week. For the purposes of this section, the basic work
week is 40 hours, or as determined by the Department Director and
approved by the City Manager which occurs between a fixed and
regularly recurring period of 168 hours - 7 consecutive 24 hour periods.
Definition of Hours Worked - Hours worked are defined as hours which
employees are required to be performing their regular duties or other
duties assigned by the City.
Compensation - Normal overtime for all non-exempt employees shall be
paid at one -and -one-half (1-1/2) times the hourly rate of the employee's
bi-weekly salary rate. Reporting of overtime on payroll forms will be as
prescribed by the Administrative Services Director.
5. Temporary Upgrading of Employees
Temporary upgrading shall be defined as the temporary assignment of
an employee to work in a job classification which is assigned to a salary
schedule higher than his/her regular classification. Employees
temporarily assigned to Lifeguard II or Lifeguard III job classifications
shall receive a five percent (5%) pay differential over their regular rate of
pay for all time worked in the higher classification, with a minimum of
one hour required to receive the differential.
SECTION 3. - Work Hours and Staffing
A. Staffing
During "A" level staffing, Monday through Friday, two patrols (one each
in divisions 1 and 2) shall be staffed with two persons. Saturday and
Sunday, four patrols (two each in divisions 1 and 2) shall be staffed with
two persons. The staffing will consist of a unit operator and a mentored
lifeguard. Staffing of the mentored lifeguard position will be placed on
the regular schedule and staffed per Fire Department Policy, and will be
eligible for temporary upgrade pay.
Based on availability, Lifeguard Towers will be staffed with Lifeguard II
qualified personnel during "C" level staffing. Lifeguard I personnel
staffing Towers during "C" staffing will receive temporary upgrade pay.
City-ANBOL MOU
April 2007 through March 2009
Page 5 of 7
Upon request, declared at the beginning of each season, represented
employees shall be scheduled for at least thirty-five (35) hours per week
during "A" level staffing.
Represented employees will, during all staffing levels, be paid two (2)
hours of pay if their scheduled shift is canceled later than 4:00 p.m. the
day before the work is scheduled. The shift is considered canceled
when the City provides notice to the employee at the number designated
by the employee. Once reporting to work, employees will be afforded the
opportunity to either work their scheduled shift or voluntarily leave work
without pay if work is not available.
SECTION 4. — Fringe Benefits
A. Sunglasses
Represented employees in the Association shall be paid One Hundred
($100.00) Dollars annually towards the purchase of UVA/UVB compliant
sunglasses by the first full pay period in July of each season they are working.
Sunglasses must be full coverage, have polarized lenses, and be worn
whenever conditions warrant.
B. Sunscreen
Represented employees will be provided sunscreen and lip balm on an as -
needed basis.
C. Skin Cancer Screening
Annual skin cancer examinations shall be provided for unit employees at a
facility selected by the City. Employees who are scheduled to be screened off
duty will be paid one (1) hour of compensation.
D Binoculars
Represented employees shall be provided a pair of binoculars (minimum power
10 x 50) at the start of their careers with the City. Binoculars must be kept in
good working order by the employee and must be brought to work for each
Lifeguard Operations shift, which will be confirmed by inspection by the Division
Supervisors. If the provided binoculars are lost or damaged, the employee
shall replace them with a pair meeting the City's specifications.
E. Other Equipment
One pair of sweat pants provided to each employee once per season.
City-ANBOL MOU
April 2007 through March 2009
Page 6 of 7
One pair of uniform trunks, two uniform shirts and one full brimmed uniform hat
each season.
One jacket per career, replaced when unserviceable.
One pair swim fins, one mask and snorkel per career, replaced by City if lost or
broken in the execution of work duties.
F Gym
Represented employees will be provided access to the City Gym.
G. Parking Passes
Represented employees will be provided one parking pass that does the
following:
■ Allows "blue pole" parking year around.
■ Allows "all meter" parking June 15th to September 30th.
H. Identification Card
Upon request, represented employees who desire an Identification (ID) Card
shall be provided with an official wallet -sized City of Newport Beach
identification card.
Other Benefits Not Guaranteed
Employees represented by the Association of Newport Beach Ocean Lifeguards
may, in the sole discretion of the City, be provided additional benefits/privileges.
SECTION 5. - Miscellaneous
A. Disciplinary Actions
Represented employees are afforded the opportunity to seek internal resolution
of any disciplinary actions having a financial impact on the employee.
Represented employees may appeal any such actions to the Fire Chief within
ten (10) calendar days of the disciplinary action. The Fire Chief will meet with
the employee and a representative of their choosing within ten (10) calendar
days of the appeal. If the matter continues to be unresolved, the employee
may, within ten (10) calendar days, appeal to the City Manager. The City
Manager will meet with the employee and their representative. Within ten (10)
calendar days, the City Manager shall issue his/her decision. The decision of
the City Manager shall be final.
City-ANBOL MOU
April 2007 through March 2009
Page 7 of 7
This is the only City appeal procedure for the term of this agreement.
B. Orientation
Association representatives will be allowed ten minutes at the end of training
sessions to address newly hired trainees.
Executed this
ATTEST:
I-11i day of August, 2007:
ASSOCI £ TION OF NEWPORT BEACH OCEAN
LI EG RDS, s CAL 906
By: _
By:
CITY ` ► " • RT BEACH
: By �t -�--
Steve Rosansky, Mayor
BYf/I4UIT�ne.%%%•)4116eivii
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robin Crauson, City Attorney
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is
entered into with reference to the following:
PREAMBLE
1. The Association of Newport Beach Ocean Lifeguards, a recognized employee
organization, and the City of Newport Beach ("City"), a municipal corporation
and charter city, have been meeting and conferring, in good faith, with respect
to wages, hours, fringe benefits and other terms and conditions of employment.
2. Association representatives and City representatives have reached a tentative
agreement as to wages, hours and other terms and conditions of employment
for the period from April 1, 2005 to March 31, 2007 and this tentative agreement
has been embodied in this MOU.
3. This MOU, upon approval by the Association 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.
Except as limited herein, the City retains all management rights as set forth in
the Meyers-Milias-Brown Act and resolution 7173.
SECTION 1. — General Provisions
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach,
the Meyers Milias Brown Act of the State of California and the provisions of the
Employer/Employee Relations Resolution No. 7173, the City acknowledges that
the Association is the majority representative for the purpose of meeting and
conferring regarding wages, hours and other terms and conditions of
employment for all employees in those classifications of Lifeguard I, II, and III,
or as appropriately modified in accordance with the Employer/Employee
Relations Resolution. All other classifications and positions are excluded from
representation by the Association.
Recognition is limited to employees meeting the following criteria:
Active employees with job titles of Lifeguard I, II, and III who have worked
in such positions for the City of Newport Beach during the most recent
summer season (or the summer season the year preceding the most
recent season if they took an approved leave of absence and missed the
most recent year) and who have worked 300 cumulative hours. All other
employees are excluded.
B. Duration of Memorandum
1. Except as specifically provided otherwise, any ordinance, resolution or
action of the City Council necessary to implement this MOU shall be
considered effective as of April 1, 2005. This MOU shall remain in full
force and effect until March 31, 2007, 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. Negotiations
for a successor agreement shall commence in January 2007.
2. The terms and conditions of this MOU shall prevail over conflicting
provisions of the Newport Beach City Charter, the ordinances,
resolutions and policies of the City of Newport Beach, and federal and
state statutes, rules and regulations which either specifically provide that
agreements such as this prevail, confer rights which may be waived by
any collective bargaining agreement, or are, pursuant to decisional or
statutory law, superseded by the provisions of an agreement similar to
this MOU.
C. Employee Data and Access
Each March the City shall provide the Association a list of all unit members
including name, and job title.
D. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed
upon by the parties. Therefore, for the life of this MOU, neither party shall be
compelled, and each party expressly waives its rights to request the other to
meet and confer concerning any issue contained herein.
E. Modifications
Any agreement, alteration, understanding, variation, or waiver or modification of
any of the terms or provisions of this MOU shall not be binding upon the parties
unless contained in a written document executed by authorized representatives
of the parties.
F Savings
Should any part of this MOU be rendered or declared illegal or invalid by
legislation, decree of court of competent jurisdiction or other established
2
governmental administrative tribunal, such invalidation shall not affect the
remaining portions of this MOU.
SECTION 2. — Compensation
A. Pay for Time Worked
1. Salary Adjustments
Base salaries will be increased by four (4%) percent effective the first
pay period in April 2005 and three (3%) percent effective the first pay
period in April 2006.
In addition, effective the first pay period in January 2006, the first two
steps of the Lifeguard I salary range shall be eliminated. Individuals
occupying those steps will advance to the new Step I and be eligible for
further step advancement after 350 hours at the new step.
The City will conduct a salary survey prior to April 15 of each year,
reflecting salaries in effect as of April 1, and assess the City's
competitive position for recruitment.
2. Bi-Linqual Pay
Employees certified as bilingual (Spanish) shall be eligible to receive fifty
($.50) cents per hour in bilingual pay. The certification process will
confirm that employees are fluent at the street conversational level in
speaking Spanish. Employees certified shall receive bilingual pay the
first full pay period following certification.
Additional languages may be certified for compensation pursuant to this
section by the Fire Chief.
3. Compensation for Overtime - Normal Overtime
Normal overtime is defined as any scheduled hours worked in excess of
the basic work week. For the purposes of this section, the basic work
week is 40 hours, or as determined by the Department Director and
approved by the City Manager which occurs between a fixed and
regularly recurring period of 168 hours - 7 consecutive 24 hour periods.
Definition of Hours Worked - Hours worked are defined as hours which
employees are required to be performing their regular duties or other
duties assigned by the City.
3
Compensation - Normal overtime for all non-exempt employees shall be
paid at one -and -one-half (1-1/2) times the hourly rate of the employee's
bi-weekly salary rate. Reporting of overtime on payroll forms will be as
prescribed by the Administrative Services Director.
4. Temporary Upgrading of Employees
Temporary upgrading shall be defined as the temporary assignment of
an employee to work in a job classification which is assigned to a salary
schedule higher than his/her regular classification. Employees
temporarily assigned to Lifeguard II or Lifeguard III job classifications
shall receive a five percent (5%) pay differential over their regular rate of
pay for all time worked in the higher classification, with a minimum of
one hour required to receive the differential.
SECTION 3. - Work Hours and Staffing
A. Staffing
During "A" level staffing, Monday through Friday, two patrols (one each
in divisions 1 and 2) shall be staffed with two persons. Saturday and
Sunday, four patrols (two each in divisions 1 and 2) shall be staffed with
two persons. The staffing will consist of a unit operator and a mentored
lifeguard. Staffing of the mentored lifeguard position will be placed on
the regular schedule and staffed per Fire Department Policy, and will be
eligible for temporary upgrade pay.
Based on availability, Lifeguard Towers will be staffed with Lifeguard II
qualified personnel during "C" level staffing. Lifeguard I personnel
staffing Towers during "C" staffing will receive temporary upgrade pay.
Upon request, declared at the beginning of each season, represented
employees shall be scheduled for at least thirty-five (35) hours per week
during "A" level staffing.
Represented employees will, during all staffing levels, be paid two (2)
hours of pay if their scheduled shift is canceled later than 4:00 p.m. the
day before the work is scheduled. The shift is considered canceled
when the City provides notice to the employee at the number designated
by the employee. Once reporting to work, employees will be afforded the
opportunity to either work their scheduled shift or voluntarily leave work
without pay if work is not available.
4
SECTION 4. — Fringe Benefits
A. Sunglasses
Represented employees in the Association of Newport Beach Ocean Lifeguards
shall be paid One Hundred ($100.00) Dollars annually towards the purchase of
UVA/UVB compliant sunglasses by July 1st of each season they are working.
Sunglasses must be full coverage, have polarized lenses, and be worn
whenever conditions warrant.
B. Sunscreen
Represented employees will be provided sunscreen and lip balm on an as -
needed basis.
C. Skin Cancer Screening
Annual skin cancer examinations shall be provided for unit employees at a
facility selected by the City. Employees who are scheduled to be screened off
duty will be paid one (1) hour of compensation.
D. Binoculars
Each Seasonal Lifeguard shall be provided a pair of binoculars (minimum
power 10 x 50) at the start of their careers with the City. Binoculars must be
kept in good working order by the employee and must be brought to work for
each Lifeguard Operations shift, which will be confirmed by inspection by the
Division Supervisors. If the provided binoculars are lost or damaged, the
employee shall replace them with a pair meeting the City's specifications.
E. Other Equipment
One pair of sweat pants provided to each employee once per season.
One pair of uniform trunks, two uniform shirts and one full brimmed uniform hat
each season.
One jacket per career, replaced when unserviceable.
One pair swim fins, one mask and snorkel per career, replaced by City if lost or
broken in the execution of work duties.
F. Gym
Represented employees will be provided access to the City Gym.
5
G. Other Benefits Not Guaranteed
Employees represented by the Association of Newport Beach Ocean Lifeguards
may, in the sole discretion of the City, be provided additional benefits/privileges.
SECTION 5. - Miscellaneous
A. Disciplinary Actions
Represented employees are afforded the opportunity to seek internal resolution
of any disciplinary actions having a financial impact on the employee.
Represented employees may appeal any such actions to the Fire Chief within
ten (10) calendar days of the disciplinary action. The Fire Chief will meet with
the employee and a representative of their choosing within ten (10) calendar
days of the appeal. If the matter continues to be unresolved, the employee
may, within ten (10) calendar days, appeal to the City Manager. The City
Manager will meet with the employee and their representative. Within ten (10)
calendar days, the City Manager shall issue his/her decision. The decision of
the City Manager shall be final.
This is the only City appeal procedure for the term of this agreement.
B. Orientation
Association representatives will be allowed ten minutes at the end of training
sessions to address newly hired trainees.
Executed this I3thday of Sepner , 2005:
ASSOCIATION OF NEWPORT BEACH OCEAN
LIFEGUARDS
By:
By:
CITY OF NEWPORT BEACH
B
Heffernan, Mayor
6
APPROVED AS TO FORM:
Robin Clauson, City Attorney
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU") is entered into with reference to the following:
PREAMBLE
1. The Association of Newport Beach Ocean Lifeguards, a
recognized employee organization, and the City of Newport
Beach ("City"), a municipal corporation and charter city,
have been meeting and conferring, in good faith, with
respect to wages, hours, fringe benefits and other terms
and conditions of employment.
2. Association representatives and City representatives have
reached a tentative agreement as to wages, hours and other
terms and conditions of employment for the period from
April 1, 2004 to March 31, 2005 and this tentative
agreement has been embodied in this MOU.
3. This MOU, upon approval by the Association 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. Except as
limited herein, the City retains all management rights as
set forth in the Meyers-Milias-Brown Act and resolution
7173.
SECTION 1. - General Provisions
A. Recognition
In accordance with the provisions of the Charter of the
City of Newport Beach, the Meyers Milias Brown Act of the
State of California and the provisions of the
Employer/Employee Relations Resolution No. 7173, the City
acknowledges that the Association is the majority
representative for the purpose of meeting and conferring
regarding wages, hours and other terms and conditions of
employment for all employees in those classifications of
Lifeguard I, II, and III, or as appropriately modified in
accordance with the Employer/Employee Relations
Resolution. All other classifications and positions are
1
excluded from representation by the Association.
Recognition is limited to employees meeting the following
criteria:
Active employees with job titles of Lifeguard I, II,
and III who have worked in such positions for the City
of Newport Beach during the most recent summer season
(or the summer season the year preceding the most
recent season if they took an approved leave of
absence and missed the most recent year) and who have
worked 300 cumulative hours. All other employees are
excluded.
B. Duration of Memorandum
1. Except as specifically provided otherwise, any
ordinance, resolution or action of the City Council
necessary to implement this MOU shall be considered
effective as of April 1, 2004. This MOU shall remain
in full force and effect until March 31, 2005, and
the provisions of this MOU shall continue after the
date of expiration of this MOU in the event the
parties are meeting and conferring on a successor
MOU.
2. The terms and conditions of this MOU shall prevail
over conflicting provisions of the Newport Beach City
Charter, the ordinances, resolutions and policies of
the City of Newport Beach, and federal and state
statutes, rules and regulations which either
specifically provide that agreements such as this
prevail, confer rights which may be waived by any
collective bargaining agreement, or are, pursuant to
decisional or statutory law, superseded by the
provisions of an agreement similar to this MOU.
C. Employee Data and Access
Each March the City shall provide the Association a list
of all unit members including name, and job title.
D. Conclusiveness
This MOU contains all of the covenants, stipulations, and
provisions agreed upon by the parties. Therefore, for the
life of this MOU, neither party shall be compelled, and
each party expressly waives its rights to request the
other to meet and confer concerning any issue contained
2
herein.
E. Modifications
Any agreement, alteration, understanding, variation, or
waiver or modification of any of the terms or provisions
of this MOU shall not be binding upon the parties unless
contained in a written document executed by authorized
representatives of the parties.
F. Savings
Should any part of this MOU be rendered or declared
illegal or invalid by legislation, decree of court of
competent jurisdiction or other established governmental
administrative tribunal, such invalidation shall not
affect the remaining portions of this MOU.
SECTION 2. - Compensation
A. Pay for Time Worked
1. Salary Adjustments
The City will conduct a salary survey prior to April
15, 2005 reflecting salaries in effect as of April 1,
and assess the City's competitive position for
recruitment. Based on the survey, mutually agreed
upon salary increases will be implemented effective
the pay period including April 1, 2005.
2. Compensation for Overtime - Normal Overtime
Normal overtime is defined as any scheduled hours
worked in excess of the basic work week. For the
purposes of this section, the basic work week is 40
hours, or as determined by the Department Director
and approved by the City Manager which occurs between
a fixed and regularly recurring period of 168 hours -
7 consecutive 24 hour periods.
Definition of Hours Worked - Hours worked are defined
as hours which employees are required to be
performing their regular duties or other duties
assigned by the City.
3
Compensation - Normal overtime for all non-exempt
employees shall be paid at one -and -one-half (1-1/2)
times the hourly rate of the employee's bi-weekly
salary rate. Reporting of overtime on payroll forms
will be as prescribed by the Administrative Services
Director.
SECTION 3. - Work Hours and Staffing
A. Staffing
During "A" level staffing, Monday through Friday, two
patrols (one each in divisions 1 and 2) shall be
staffed with two persons. Saturday and Sunday, four
patrols (two each in divisions 1 and 2) shall be
staffed with two persons. Such staffing will be
placed on the regular schedule, treated the same as
other positions on the regular schedule, and will be
subject to the availability of qualified personnel.
Upon request, declared at the beginning of each
season, represented employees shall be scheduled for
at least thirty-five (35) hours per week during "A"
level staffing.
Represented employees will be paid two (2) hours of
pay if their scheduled shift is canceled later than
4:00 p.m. the day before the work is scheduled. The
shift is considered canceled when the City provides
notice to the employee at the number designated by
the employee. Once reporting to work, employees will
be afforded the opportunity to either work their
scheduled shift or voluntarily leave work without pay
if work is not available.
SECTION 4. - Fringe Benefits
A. Sunglasses
Represented employees in the Association of Newport Beach
Ocean Lifeguards shall be paid One Hundred ($100.00)
Dollars annually towards the purchase of UVA/UVB compliant
sunglasses by July lst of each season they are working.
Sunglasses must be full coverage, have polarized lenses,
and be worn whenever conditions warrant.
4
B. Skin Cancer Screening
Annual skin cancer examinations shall be provided for unit
employees at a facility selected by the City. Employees
who are scheduled to be screened off duty will be paid one
(1) hour of compensation.
C. Binoculars
Each Seasonal Lifeguard shall be provided a pair of
binoculars (minimum power 10 x 50) at the start of their
careers with the City. Binoculars must be kept in good
working order by the employee and must be brought to work
for each Lifeguard Operations shift, which will be
confirmed by inspection by the Division Supervisors. If
the provided binoculars are lost or damaged, the employee
shall replace them with a pair meeting the City's
specifications.
D. Other Equipment
One pair of sweat pants provided to each employee once per
season.
One pair of uniform trunks, two uniform shirts and one
full brimmed uniform hat each season.
One jacket per career, replaced when unserviceable.
One pair swim fins, one mask and snorkel per career,
replaced by City if lost or broken in the execution of
work duties.
E. Gym
Represented employees will be provided access to the City
Gym.
F. Other Benefits Not Guaranteed
Employees represented by the Association of Newport Beach
Ocean Lifeguards may, in the sole discretion of the City,
be provided additional benefits/privileges.
5
SECTION 5. - Miscellaneous.
A. Disciplinary Actions
Represented employees are afforded the opportunity to seek
internal resolution of any disciplinary actions having a
financial impact on the employee.
Represented employees may appeal any such actions to the
Fire Chief within ten (10) calendar days of the
disciplinary action. The Fire Chief will meet with the
employee and a representative of their choosing within ten
(10) calendar days of the appeal. If the matter continues
to be unresolved, the employee may, within ten (10)
calendar days, appeal to the City Manager. The City
Manager will meet with the employee and their
representative. Within ten (10) calendar days, the City
Manager shall issue his/her decision. The decision of the
City Manager shall be final.
This is the only City appeal procedure for the term of this
agreement.
B. Orientation
Association representatives will be allowed ten minutes at
the end of training sessions to address newly hired
trainees.
Executed this 21 day of
, 2004:
ASSOCIATION OF NEWPORT BEACH OCEAN
LIFEGUARDS
By:
By:
6
ATTEST:
By:
CITY OF NEWPORT BEACH
By:
Tod W. Ridgeway ayor
LaVonne Harkless, City Clerk
APPRO\LED AS TO FORM:
Robin Clauson, Acting City Attorney
7
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU") is entered into with reference to the following:
PREAMBLE
1. The Association of Newport Beach Ocean Lifeguards, a
recognized employee organization, and the City of Newport
Beach ("City"), a municipal corporation and charter city,
have been meeting and conferring, in good faith, with
respect to wages, hours, fringe benefits and other terms
and conditions of employment.
2. Association representatives and City representatives have
reached a tentative agreement as to wages, hours and other
terms and conditions of employment for the period from
April 1, 2001 to March 31, 2004 and this tentative
agreement has been embodied in this MOU.
3. This MOU, upon approval by the Association 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. Except as
limited herein, the City retains all management rights as
set forth in the Meyers-Milias-Brown Act and resolution
7173.
SECTION 1. - General Provisions
A. Recognition
In accordance with the provisions of the Charter of the
City of Newport Beach, the Meyers Milias Brown Act of the
State of California and the provisions of the
Employer/Employee Relations Resolution No. 7173, the City
acknowledges that the Association is the majority
representative for the purpose of meeting and conferring
regarding wages, hours and other terms and conditions of
employment for all employees in those classifications of
Lifeguard I, II, and III, or as appropriately modified in
accordance with the Employer/Employee Relations
Resolution. All other classifications and positions are
1
excluded from representation by the Association.
Recognition is limited to employees meeting the following
criteria:
Employees with job titles of Lifeguard I, II, and III
who have worked in such positions for the City of
Newport Beach during the most recent summer season (or
the summer season the year preceeding the most recent
season if they took an approved leave of absence and
missed the most recent year) and who have worked 300
cummulative hours. All other employees are excluded.
B. Duration of Memorandum
1. Except as specifically provided otherwise, any
ordinance, resolution or action of the City Council
necessary to implement this MOU shall be considered
effective as of April 1, 2001. This MOU shall remain
in full force and effect until March 31, 2004, and
the provisions of this MOU shall continue after the
date of expiration of this MOU in the event the
parties are meeting and conferring on a successor
MOU.
2. The terms and conditions of this MOU shall prevail
over conflicting provisions of the Newport Beach City
Charter, the ordinances, resolutions and policies of
the City of Newport Beach, and federal and state
statutes, rules and regulations which either
specifically provide that agreements such as this
prevail, confer rights which may be waived by any
collective bargaining agreement, or are, pursuant to
decisional or statutory law, superseded by the
provisions of an agreement similar to this MOU.
C. Employee Data and Access
Each March the City shall provide the Association a list
of all unit members including name, department, and job
title.
D. Conclusiveness
This MOU contains all of the covenants, stipulations, and
provisions agreed upon by the parties. Therefore, for the
2
life 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 contained
herein.
E. Modifications
Any agreement, alteration, understanding, variation, or
waiver or modification of any of the terms or provisions
of this MOU shall not be binding upon the parties unless
contained in a written document executed by authorized
representatives of the parties.
F. Savings
Should any part of this MOU be rendered or declared
illegal or invalid by legislation, decree of court of
competent jurisdiction or other established governmental
administrative tribunal, such invalidation shall not
affect the remaining portions of this MOU.
SECTION 2. - Compensation
A. Pay for Time Worked
1. Salary Adjustments
Effective the first full payroll period in April 1,
2001, 2002 and 2003, all bargaining unit employees
shall receive a 3.5% pay increase.
The City will conduct a salary survey prior to
lifeguard recruitment each year, and assess the
City's competitive position for recruitment. Based on
the survey, the City may, but is not obligated to,
provide increases in excess of those listed above.
2. Compensation for Overtime - Normal Overtime
Normal overtime is defined as any scheduled hours
worked in excess of the basic work week. For the
purposes of this section, the basic work week is 40
hours, or as determined by the Department Director
and approved by the City Manager which occurs between
a fixed and regularly recurring period of 168 hours -
7 consecutive 24 hour periods.
3
Definition of Hours Worked - Hours worked are defined
as hours which employees are required to be
performing their regular duties or other duties
assigned by the City.
Compensation - Normal overtime for all non-exempt
employees shall be paid at one -and -one-half (1-1/2)
times the hourly rate of the employee's bi-weekly
salary rate. Reporting of overtime on payroll forms
will be as prescribed by the Administrative Services
Director.
SECTION 3. - Work Hours and Staffing
A. Staffing
During "A" level staffing, Monday through Friday, two
patrols (one each in areas 1 and 2) shall be staffed
with two persons. Saturday and Sunday, four patrols
(two each in areas 1 and 2) shall be staffed with two
persons. Such staffing will be placed on the regular
schedule, treated the same as other positions on the
regular schedule, and will be subject to the
availability of qualified personnel.
Upon request, declared at the beginning of each
season, represented employees shall be scheduled for
at least thirty-five (35) hours per week during "A"
level staffing.
Represented employees will be paid two (2) hours of
pay if their scheduled shift is canceled later than
4:00 p.m. the day before the work is scheduled. The
shift is considered canceled when the City provides
notice to the employee at the number designated by
the employee. Once reporting to work, employees will
be afforded the opportunity to either work their
scheduled shift or voluntarily leave work without pay
if work is not available.
SECTION 4. - Fringe Benefits
A. Sunglasses
Represented employees in the Association of Newport Beach
Ocean Lifeguards shall be paid Fifty ($50.00) Dollars
4
annually towards the purchase of UVA/UVB compliant
sunglasses at the start of each season they are working.
Sunglasses must be full coverage, have polarized lenses,
and be worn whenever conditions warrant.
B. Skin Cancer Screening
Annual skin cancer examinations shall be provided for unit
employees who have been employed for at least five (5)
seasons at a facility selected by the City. Screening
will be throughout the year outside of the normal work
schedule, with one (1) hour of compensation.
C. Other Benefits Not Guaranteed
Employees represented by the Association of Newport Beach
Ocean Lifeguards may, in the sole discretion of the City,
be provided additional benefits/privileges.
SECTION 5. - Miscellaneous.
A. Disciplinary Actions
Represented employees are afforded the opportunity to seek
internal resolution of any disciplinary actions having a
financial impact on the employee.
Represented employees may appeal any such actions to the
Division Chief within ten (10) calendar days of the
disciplinary action. The Division Chief will meet with the
employee and a representative of their choosing within
seven (7) calendar days of the appeal. If the matter
continues to be unresolved, the employee may, within seven
(7) calendar days, appeal to the Fire Chief. The Fire
Chief will, within seven (7) calendar days, meet with the
employee and their representative. Within seven (7)
calendar days, the Fire Chief shall issue his/her decision.
The decision of the Fire Chief shall be final.
This is the only City appeal procedure for the term of this
agreement.
Executed this 30et day of
5
, 2001:
ASSOCIATION OF NEWPORT BEACH OCEAN
LIFEGUARDS
BY: t R�✓ �30L v�
0-29 -o)
By:
CITY OF NEWPORT BEACH
By:
ATTEST:
`.n'1'l-?
Garold B. Adams, Mayor
By: /97144L
LaVonne Harkless, City Clerk
APP'dVED AS TO FORM:
obert H. Burnham, City Attorney
6