HomeMy WebLinkAbout2024-11 - Approving a Side Letter Agreement with the Newport Beach Police AssociationRESOLUTION NO. 2024-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A
SIDE LETTER AGREEMENT WITH THE NEWPORT
BEACH POLICE ASSOCIATION
WHEREAS, the City Council of the City of Newport Beach ("City Council")
previously adopted Resolution No. 2001-50, the "Employer -Employee Relations
Resolution," pursuant to authority contained in the Meyers-Milias-Brown Act, Government
Code 3500, et seq.;
WHEREAS, on December 14, 2021, the City Council adopted Resolution No.
2021-129 approving a Memorandum of Understanding ("MOU") between the City of
Newport Beach ("City") and the Newport Beach Police Association ("NBPA") with a term
of July 1, 2021 through November 30, 2025;
WHEREAS, on April 11, 2023, the City Council adopted Resolution No. 2023-19
approving a Side Letter of Agreement with NBPA amending the Table of Contents to
modify Section 2(B) and making modifications to the salary schedule for the classification
of Police Officer, which changes were effective the pay period that included July 1, 2023
("July 2023 Side Letter"),
WHEREAS, representatives from the City and NBPA share a mutual desire to
enhance the ability of the Police Chief to recruit lateral law enforcement officers in the
classification of Police Officer, and
WHEREAS, representatives from the City and NBPA met and conferred and
agreed to supplement Section 2(B)(1) of the July 2023 Side Letter as it relates to the hire
of lateral police officers.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows..
Section 1: The City Council does hereby approve the Side Letter of Agreement,
set forth in Exhibit A which is attached hereto and incorporated herein by this reference.
The language contained in the attached Side Letter of Agreement shall prevail over any
previously adopted language that conflicts herewith.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2024-11
Page 2 of 2
Section 3: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 27th day of February, 2024.
Will CTNeill
Mayor
ATTEST: PO
O
Leilani I. Brown
City Clerk
�I-IFORL
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
P�aroh C. Harp
City Attorney
Attachment(s): Exhibit A: Side Letter of Agreement Between the City and NBPA
EXHIBIT A
SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH POLICE ASSOCIATION
This Side Letter of Agreement ("Agreement") between the CITY OF NEWPORT
BEACH ("City") and the NEWPORT BEACH POLICE ASSOCIATION
("Association") (collectively, "Parties") is entered into with respect to the following:
WHEREAS, on December 14, 2021, the City Council adopted Resolution No.
2021-129 approving a Memorandum of Understanding ("MOU") between the Parties
with a term of July 1, 2021, through November 30, 2025; and
WHEREAS, on April 11, 2023, the City Council adopted Resolution No. 2023-
19 approving a Side Letter of Agreement with the Association amending Section 2
Compensation, Subpart B of the MOU, making modifications to the salary schedule for
the classification of Police Officer, which changes were effective the pay period that
included July 1, 2023 ("July 2023 Side Letter");
WHEREAS, the Parties share a mutual desire to enhance the ability of the City
of Newport Beach Chief of Police to recruit lateral law enforcement officers in the
classification of Police Officer;
WHEREAS, the Parties have met and conferred and agreed to supplement
Section 2(B)(1) of the July 2023 Side Letter, as set forth below; and
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:
1. Section 2 Compensation, Subsection B, Salary Schedule Adjustments,
Subsection (1), Police Officer Classification, of the July 2023 Side Letter shall
be amended to add Section 2(B)(1)(4) to read as follows:
"4. Effective the pay period following City Council adoption of this
Agreement, the Chief of Police shall have the discretion to place lateral
police officers in steps 11 or 12 upon hire. The movement through any
remaining steps shall be based upon years of service with the City of
Newport Beach as set forth in the Side Letter dated April 11, 2023."
2. Except as modified herein, all other existing wages, hours and other terms and
conditions of employment shall remain unchanged and shall be in full force
and effect.
[SIGNATURES ON FOLLOWING PAGE]
NBPA Side Letter Agreement — February 2024
Executed this 30 day of SAt4 V Af,%(, 2024
ATTEST:
I0
FOR THE NEWPORT BEACH POLICE ASSOCIATION:
By:
oseph De Julio, resident
FOR THE CITY OF NEWPORT BEACH:
0.0
Will O'Neill, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
By:
Aa on C. Harp, City Attorney
Leilani Brown, City Clerk
NBPA Side Letter Agreement — February 2024
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2024-11 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 27th day of February, 2024; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember
Lauren Kleiman, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 28th day of February, 2024.
Leilani I. Brown
City Clerk
Newport Beach, California
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