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HomeMy WebLinkAbout2019-22 - Adopting a Memorandum of Understanding Between the City of Newport Beach and the Newport Beach Professional and Technical Employees AssociationRESOLUTION NO. 2019-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION WHEREAS, the City Council of the City of Newport Beach ("City Council") previously adopted Resolution No. 2001-50, the "Employer -Employee Relations Resolution," pursuant to the authority contained in the Meyers-Milias-Brown Act, Government Code §3500, et seq.; WHEREAS, the City of Newport Beach ("City") supports effective communication and collaborative working relationships with its employee associations to promote improved relations while balancing good management practices; WHEREAS, the City previously entered into a memorandum of understanding with the Newport Beach Professional and Technical Employees Association ("NBPTEA"), a recognized employee organization, for the term of July 1, 2015 through December 31, 2018 ("2015 MOU"); WHEREAS, in accordance with Section 1(B)(1) of the 2015 MOU, its provisions remain in full force and effect after its expiration while the City and the NBPTEA meet and confer on a successor memorandum of understanding; WHEREAS, representatives from the City and the NBPTEA met and conferred in good faith and reached a tentative agreement on wages, benefits, and other terms and conditions of employment ("Tentative Agreement"), which are memorialized in the Memorandum of Understanding between the City and the NBPTEA ("Memorandum of Understanding") attached hereto as Exhibit A and incorporated herein by this reference; WHEREAS, the City was notified on February 8, 2019 that the NBPTEA had ratified said Tentative Agreement; WHEREAS, City of Newport Beach Charter Section 601 requires the City Council to provide the number, titles, qualifications, powers, duties and compensation of all officers and employees of the City; WHEREAS, Newport Beach Municipal Code Section 2.28.010 provides that, upon recommendation of the City Manager, the City Council may establish by resolution the salary range or rate for each position; Resolution No. 2019-22 Page 2of3 WHEREAS, the City Manager has reviewed the changes to the salary schedule for the NBPTEA unit members provided in this resolution and recommends approval; WHEREAS, the City Council received and considered the Tentative Agreement at its regular meeting on February 26, 2019; WHEREAS, the City Council received and considered the Memorandum of Understanding at its regular meeting on March 12, 2019; WHEREAS, by adopting this resolution, the City Council intends to amend the salary schedule for employees represented by the NBPTEA so as to be in conformance with the Memorandum of Understanding; and WHEREAS, by adopting this resolution, the City Council also desires to replace the 2015 MOU by adopting the Memorandum of Understanding attached hereto as Exhibit A to serve as the successor agreement between the City and the NBPTEA for the period of January 1, 2019 through December 31, 2021. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby adopt the Memorandum of Understanding that is attached hereto and incorporated herein as Exhibit A. Wages, hours, fringe benefits and other terms and conditions of employment for employees represented by the NBPTEA shall be provided in accordance with the provisions of the Memorandum of Understanding, which shall serve as the successor agreement between the City and the NBPTEA for the period of January 1, 2019 through December 31, 2021. Section 2: The City's Salary Schedule shall be modified to be consistent with this resolution. Section 3: The Memorandum of Understanding shall supersede in all respects any and all terms and provisions of all prior memoranda of understanding between City and employees represented by the NBPTEA, except to the extent that any term or provision of this Memorandum of Understanding expressly provides otherwise. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Resolution No. 2019-22 Page 3 of 3 Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 12th day of March, 2019. Diane B. Dixon Mayor ATTEST: eilan Brown u City Jerk C, �P �-�URN/ APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Attachment: Exhibit A — Memorandum of Understanding MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION January 1, 2019 through December 31, 2021 FULL DOCUMENT ATTACHED TO STAFF REPORT AS ATTACHMENT B STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2019-22 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 121h day of March, 2019; and the same was so passed and adopted by the following vote, to wit: AYES: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon, Mayor Pro Tem Will O'Neill, Mayor Diane Dixon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 131' day of March, 2019. lani Vbrown ity CI rk Newport Beach, California