HomeMy WebLinkAbout2017-47 - Adopting a Memorandum of Understanding Between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards and to Adjust the Salary Ranges to be Commensurate with the Contract ProvisionsRESOLUTION NO. 2017-47
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 ASSOCIATION OF
NEWPORT BEACH OCEAN LIFEGUARDS AND TO
ADJUST THE SALARY RANGES TO BE
COMMENSURATE WITH THE CONTRACT PROVISIONS
WHEREAS, the City Council of the City of Newport Beach 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 sea.;
WHEREAS, the City of Newport Beach supports effective communication and
collaborative working relationships with its employee associations to promote improved
relations while balancing good management practices;
WHEREAS, the City of Newport Beach previously entered into a Memorandum of
Understanding with the Association of Newport Beach Ocean Lifeguards, a recognized
employee organization, for the period July 1, 2014 through June 30, 2017;
WHEREAS, representatives from the City of Newport Beach and representatives
from the Association of Newport Beach Ocean Lifeguards met and conferred in good faith
and agreed to a successor Memorandum of Understanding on June 19, 2017; and
WHEREAS, the City Council of the City of Newport Beach desires to adopt the
successor Memorandum of Understanding between the City of Newport Beach and the
Association of Newport Beach Ocean Lifeguards for the period July 1, 2017, through
June 30, 2021.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1. The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 2. Wages, hours, fringe benefits, and other terms and conditions of
employment for employees represented by the Association of Newport Beach Ocean
Lifeguards shall be provided in accordance with the provisions of the attached
Memorandum of Understanding (Exhibit A).
Section 3. The term of the Memorandum of Understanding shall be for forty-
eight (48) months, commencing July 1, 2017, and will remain in full force and effect
through June 30, 2021.
Resolution No. 2017-47
Page 2 of 2
Section 4. The City of Newport Beach's Salary Schedule shall be modified to
be consistent with this resolution.
Section 5. The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQX) pursuant to §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 6. 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 or the remaining portions of this resolution. The City
Council herby 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 7. This resolution shall take effect immediately upon its adoption by
City Council, and the City Clerk shall certify the vote adopting tl}e resodtion. i
Adopted this 25th day of July, 2017.
ayor
ATTEST:
Muldoon
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
i
Taron C. Harp
City Attorney
Exhibit A — Memorandum of Understanding
EXHIBIT A
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
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, Il, 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.
C.
u
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.
Duration of Memorandum
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.
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.
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.
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
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
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 11 salary
schedule; and
c. Merge the Lifeguard 11 and 111 salary schedules so that all
Lifeguard 11'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%).
Salary ranges for all ANBOL represented classifications are represented
in Exhibit A.
Bi-Linqual 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.
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.
Total Hours
Worked (Career
Total
4,500+
SECTION 4. —Fringe Benefits
A. Equipment Allotment
Hours Required to
Work Per Year
56
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.
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.
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" CalPERS 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
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
CalPERS. 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(0, 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%.
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
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.
Executed this _. day of ,. 2017.
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
By: C�—
Chris Graham, President
CITY OF NEWPORT BEACH
By:
Kevin Muldoon, Mayor
0
Special
ATTEST:
By:
Leilani Brown, City Clerk
10 ANBOL MOU 2017-2021
Association of Newport Beach Ocean Lifeguards Represented Classifications and Pay Rate Adjustments
July 1, 2017 through June 30, 2021
Exhibit A
Year Year
Year Year
Step
18.32
Changes 2.0%
1.0% 1.0%
MOU Adopt COLA
COLA COLA
LG I Step 1
17.79
18.14
18.32
18.51
Step 2
18.67
19.05
19.24
19.43
Step 3
19.61
20.01
20.21
20.41
Step 4
20.59
21.01
21.22
21.43
LG II Step 1
-
-
-
-
Step 1 - new
20.59
21.01
21.22
21.43
Step 2 - new
21.62
22.06
22.28
22.50
Step 3 - new
22.70
23.16
23.39
23.62
Step 4 - new
23.84
24.32
24.56
24.81
LG III Step 1
20.59
21.01
21.22
21.43
Step 2
21.62
22.06
22.28
22.50
Step 3
22.70
23.16
23.39
23.62
Step 4 - new
23.84 1
24.32
24.56
24.81
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; that the foregoing resolution, being Resolution
No. 2017-47 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 251h day of July, 2017, and that the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane
Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem
Duffy Duffield, Mayor Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 26th day of July, 2017.
ah -L.) N?
Leilani I. Brown
City Clerk
Newport Beach, California