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HomeMy WebLinkAbout04 - Adopting a MOU with the ANBOL and Associated Salary ScheduleQ SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report September 13, 2022 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Grace K. Leung, City Manager - 949-644-3001, gleung@newportbeachca.gov PREPARED BY: Barbara J. Salvini, Human Resources Director PHONE: 949-644-3259 TITLE: Resolution No. 2022-57: Adopting a Memorandum of Understanding with the Association of Newport Beach Ocean Lifeguards (ANBOL) and Associated Salary Schedule ABSTRACT: The Tentative Agreement (Agreement) regarding a Memorandum of Understanding (MOU) between the City of Newport Beach (City) and the Association of Newport Beach Ocean Lifeguards (ANBOL or Association) was submitted at the Regular Meeting on August 23, 2022, to provide the City Council and the community an opportunity to consider the terms and costs of the Agreement. The proposed MOU is now presented for the City Council's approval/adoption (or rejection) and is the final step in the meet and confer process with ANBOL. Included in the recommendation for approval of the MOU is the associated salary schedule. The attached budget amendment appropriates the required funding to implement the costs associated with the agreement for the current fiscal year. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution 2022-57, 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 Associated Salary Schedule; and c) Approve Budget Amendment No. 23-016 appropriating $80,617 in increased expenditures in various City division salary and benefits accounts from unappropriated General Fund balance. 4-1 Resolution No. 2022-57: Adopting a Memorandum of Understanding with the Association of Newport Beach Ocean Lifeguards (ANBOL) and Associated Salary Schedule September 13, 2022 Page 2 DISCUSSION: The following discussion was provided, in part, with the August 23, 2022, staff report and is included here for reference: ANBOL is a recognized employee association and represents approximately 180 seasonal ocean lifeguards in the classifications of Lifeguard I, II and III. These lifeguards typically work the majority of their hours during the summer season, which begins the first Saturday after the Newport Mesa Unified School District concludes its regular school year and ends after the Labor Day holiday weekend. Reduced work hours are available during the remainder of the year based on weather conditions and department needs. Salient provisions of the Tentative Agreement between the City and ANBOL include: • Term of approximately three years, expiring June 30, 2025 • Wage adjustments o First full pay period following City Council approval — 3% o First full pay period following July 1, 2023 — 3% o First full pay period following July 1, 2024 — 3% • Adding a step and deleting the lowest step in the salary range for Lifeguard • Modifications to work hour standards. ANBOL unit members in reserve status are required to work a minimum of 100 hours per year to maintain status for the following year • Modifications to sick leave cash out • Providing for the temporary upgrading of employees when certain conditions are met The City Council reviewed the Tentative Agreement and proposed MOU with ANBOL at the regular meeting of August 23, 2022, after which the costing information and proposed revisions to the MOU were posted for public review on the City's website. A final version of the successor MOU is included as Attachment A and presented in accordance with Government Code §3505.1. The total cost of the ANBOL MOU is estimated to be $469,975. If the Council approves adoption of the MOU, City staff will work to implement the terms as soon as practicable. 4-2 Resolution No. 2022-57: Adopting a Memorandum of Understanding with the Association of Newport Beach Ocean Lifeguards (ANBOL) and Associated Salary Schedule September 13, 2022 Page 3 FISCAL IMPACT: The costs associated with the proposed Tentative Agreement are projected to total $469,975 over the next three fiscal years. Costs in the current fiscal year are projected to total $80,617 from the effective date of the Tentative Agreement through June 30, 2023. The attached Budget Amendment appropriates the required funds. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action 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. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution 2022-57 including Exhibit A, ANBOL MOU Attachment B — Costing Attachment C — Budget Amendment No. 23-016 4-3 ATTACHMENT A RESOLUTION NO. 2022- 57 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 AMENDING THE SALARY SCHEDULE 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, the City of Newport Beach ("City") promotes effective communication and collaborative working relationships with its employee associations to foster improved relations while balancing good management practices; WHEREAS, the City previously entered into a Memorandum of Understanding ("MOU") with the Association of Newport Beach Ocean Lifeguards ("ANBOL") a recognized organization, for the term of July 1, 2017 through June 30, 2021; WHEREAS, representatives from the City and ANBOL met and conferred in good faith and reached a tentative agreement on wages, benefits and other terms and conditions of employment, which are memorialized in the Memorandum of Understanding between the City and ANBOL ("Memorandum of Understanding") attached hereto as Exhibit A and incorporated herein by this reference; WHEREAS, ANBOL has ratified the Memorandum of Understanding; 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, upon recommendation of the City Manager, the City Council may establish by resolution the salary range or rate for each position; WHEREAS, by adopting this resolution, the City Council intends to amend the salary schedule for ANBOL unit members so as to be in conformance with the Memorandum of Understanding; HE Resolution No. 2022- Page 2 of 3 WHEREAS, the City Manager has reviewed the changes to the salary schedule for ANBOL unit members provided in this resolution and recommends approval; WHEREAS, the City Council received and considered the MOU at its regular meeting on August 23, 2022; and WHEREAS, by adopting this resolution, the City Council also desires to replace the 2017-2021 memorandum of understanding between the City and ANBOL by adopting the Memorandum of Understanding attached hereto as Exhibit A to serve as the successor agreement between the City and ANBOL for the period September 13, 2022 through June 30, 2025. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: Wages, hours, fringe benefits, and other terms and conditions of employment for employees represented by ANBOL shall be provided in accordance with the provisions of the Memorandum of Understanding attached hereto as Exhibit A, which shall serve as the successor agreement between the City and ANBOL for the period September 13, 2022 through June 30, 2025. Section 2: The City's salary schedule shall be modified so as to be consistent with this resolution. Any resolution, or part thereof, in conflict with this resolution shall be of no effect. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: 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 5: 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. W1 Resolution No. 2022- Page 3 of 3 Section 6: 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 13th day of September 2022. Kevin Muldoon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CI ATTORNEY'S OFFICE E .VLW-- C. ff .L#%�- aron C. Harp City Attorney Exhibit A - Memorandum of Understanding ,ei ATTACHMENT 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 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-Brawn 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 Ill, 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"4 in a �.�� ^{ Lifeguard I, 11, an-d-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, a4A-or III by April 5July I 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, Work Hours and Sfaffin section. All other employees are excluded. 4-7 With the approval of the 2017-2021 MOU the parties agreed to eliminate the Life_quard 111 position. Employees classified as Lifeguard III on orbefore 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 a-s-to a Lifeguard III position. B. 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, 017-September 13� This MOU shall remain in full force and effect until June 30, 20212025, 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 AJuly, 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 2 ANBOL MOU 2n?zv 4 7-2021 2022-2025 M-1 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 outwork, 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. i . Salary Adjustments 1. Effective in -the first day of the pay period following City Council appFOva-1 adoption of this MOU or the pay peFied whi^Gh inGludes july 1, 2-017 iechir hnv�r is la+or 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 11 salary schedule; and Mrta'ge the Lifeguard 11 and III salary 6Ghar 1-11eS se- that all Lifeguard III.. and r Effective the first day of the pay period Wig -following City Council adoption MY 1, 291,9of this MOU, there shall be a base salary increase of #yefhree percent (23.0%) for all classifications in the baraainina unit. base salaFi 2. 3 AN$OL MOU?047�21 2022-2025 fj C Effective the first day of the pater period following July 1, 2023, there shall be a base salary increase of twethree percent (23.0%) for all classifications in /y g e - n no nd innl��rfiRg iUly 'I 201,0 bane the bar alnin unrf�#estimth�� e�i �-o; U��� salaries fGF a ryes i�� hornoininn unit shall be innroacori by nno PeFGent (1 0%) 3. 4. Effective the first day of the pay period Wig -following July 1, 20202024, there shall be a base salnrios far omp!E)yees in this bargain inn iin.1 sh 3II ho i nnreased by one peFGe Rt (1 .009 `salary increase of three 4*9-percent (23.0%) for all classifications in the bargaininq unit. Salary ranges for all 49QL—A NB OL-re presented classifications are represented in Exhibit A. 2--Bil-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. For em to ees who are CalPERS 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 Ca1PERS as such pursuant to Title 2 CCR Section 577 a 4 and Section 571.1(b)(3), Bilinqual Premium. 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. 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. 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. 4 ANBOL MOU 204-7-2024 2022-2025 4-10 4- For employees who are Ca1PERS 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 L (2) and Section 571.1(b)(2) Emergency Medical Technician Pay. 4. Compensation for Overtime - D_ 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. E. 54. 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 emplovees who are Ca1PERS 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, Ca1PERS 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 vet 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 II position. 5 ANBOL MOU 2047 2021 2022-2025 4-11 SECTION 3. - Work Hours and Staffing A. 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. R. Work Hours Standards The City and Association have agreed to establish minimum hours standards for members to retain active and reserve status. ANBOL employees members are required to work a minimum of 100 hours per year to maintain status for the following year. 9-- 4,9,99 96 a a _ - - .- a a -- a■ -- In CUIZZEIM .� _ 6 ANBOL MOU 2947 2021 2022-2025 4-12 4,509=1= r,& SECTION 4. — Fringe Benefits A, A E ui ment Allotment -Employees in the bargaining unit shall be paid Two Hundred ($200) Dollars, annually, towards the purchase of UVA/UVB compliant sunglasses, sweat pantssweatpants, 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. Q.—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 7 ANBOL MOU 2047024 2022-2025 4-13 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 De artment'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 pu.rchasing agreement is made at time of separation. E. FParkina 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. t�ldentification 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 Califomia Public Employees Retirement System (CalPERSI or meets the requirements for CaIPERS membership. The City will match the emplo, ee contribution, which is 3.75% of base salary_ each pay period. 8 ANBOL MOU 204 7 2021 2022-2025 4-14 2_�.--Califbmia Public Employees' Retirement System (CaIPERS) it is the employees' responsibility to notify the Human Resources Department of outside employment. If the CitV is notified bV 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 g Govemment Code 20516 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. The following provisions apply only to bargaining unit members enrolled in t#e CaiPERSPublir. Employees' RetiFeme-.ni Systern (PERS) as Safety members, consistent with the City's contract with Ca1PERS: 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 1 Safety members in ANBOL is 3% 50 and members shall contribute nine percent (9%) of compensation eamable for the employee's full rate and 4.6% in cost sharing of the employer's rate. Tier Il (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 Il Safety members is 2%(@50 and members shall contribute nine percent (9%) of compensation eamable for the employee's full rate and 4.6% in cost sharing of the employer's rate. Employees in Tiers 1 and I! 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 ill PEPRA): Employees who became CaIPERS members on or after Januaa 1, 2013 are placed in Tier III 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 em to ee contribution for Tier Ill members is subject to the provisions of PEPRA and equals 50% of the "total normal cost" as determined by CaIPERS. in addition to the mandatory employee contribution under PEPRA, employees will contribute an additional percentage of ensionable compensation toward retirement costs as permitted under Government Code §20516(0, so that each employee's total contribution is 13.6% of Pensionable compensation. ANBOL MOU 20� 2021 2022-2025 4-15 Should the mandatory contribution under PEPRA increase or decrease during the term of this MOU_, the additional employee contribution under 20516Cn will adjust accordingly so that the total contribution is equal to the amount contributed by employees in Tiers J and Il which is currently 13. 6%. Provided however, that the employee contribution shall never fall below the statutory required contribution. 11111MVIII 6. r., . : I MORON WE M.M. �- ■ ■ ■ ■ 1 www 0� ■ ■ .www. ■ l!. ww w- ISM M. . w - - 11 - w • • 22 - i FAW employees -% • - ,., - ■ a - r W r r- - - - - •.. • w ■ - . ■ .. 1 ■ ■ ■ ■ r- ■ ■ w w w r r w r r - • r . - toward . w ■tatal Gosts-11APhZE w GE-)ntrl,h-Hfio, MI- 0 w l 1 - - r r 1 10, 1112". MENT110 ft. WN 2"Ir-022TVINIPMR.". -MM W--Mel . .. ... — 1. d. Pug- ;vim-LeaveFlex Leave The first full pay period following City Council adoption, anv hours oreviousl accrued and remaininq in the member's AB1522 Sick Leave Bank will be transferred into a new ANBOL Flex Leave bank. Flex Leave Orovides a more flexible benefit for unit members who may choose to request and take approved time off for reasons other than illness Flex Leave may be taken with reasonable advance notice to the su ervisor. 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 10 ANBOL MOU 204 7-2021 2022-2025 4-16 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.q., full-time employment or part-time appointment to a position covered bV the CitV of Newport Beach Life ward 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 — - - - ' ., w • -T. e Seel *eee • , . r rr+r r+ w w w • � u w � - a - w+ •• + • a - - - • a _ SECTION 5. - Miscellaneous A. 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. 11 ANBOL MOU 2 7-202T 2022-2025 4-17 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. 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 concem to the membership. ANBOL will provide a list of specific issues to begin the process If needed meetings will occur quarterIZ. The President will be released from duty for re -scheduled Labor Management Committee meetings. Signatures on the following page. 12 ANBOL MOU "'�-2024 2022-2025 MAI Executed this I day of ALtyC S-� , 2-9-1-720225. ASSOCIATION OF NE PORT CH OCEAN LIFEGUARDS By: f # a17 M dc! sident CITY OF NEWPORT BEACH Kevin Muldoon, Mayor PeteF I grown Charles Sakai, Special Counsel ATTEST: Leilani Brown, City Clerk 13 ANBOL MOU'047 202T 2022-2025 4-19 Executed this day of , 201720225. ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS Dan Moody, President CITY OF NEWPORT BEACH Kevin Muldoon, Mayor By: Peter I gFownCharles Sakai, Special Counsel ATTEST: m Leilani Brown, City Clerk 13 ANBOL MOU 2017� , --ter 2022-2025 4-20 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 September 24, 2022 Represented Positions Grade Step Hourly Rate Annual Salary Lifeguard I 05B 1 $ 19.06 $ 39,644 2 $ 20.02 $ 41,633 3 $ 21.02 $ 43,731 4 $ 22.08 $ 45,917 Lifeguard li 25 1 $ 23.18 $ 48,211 2 $ 24.33 $ 50,615 3 $ 25.55 $ 53,151 4 $ 26.83 $ 55,808 Lifeguard ill 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 I1/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. 4-21 ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS MOU Term: September 13, 2022 (tentotively) -June 30, 2025 3.0% Cost of Living Adjustment Effective: July 15, 2023 Represented Positions Grade Step Hourly Rate Annual Salary Lifeguard 1 0513 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. 4-22 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 saiary is rounded to the nearest whole dollar. 4-23 Key Contract Terms Cost of Living Adjustments Other Proposals Lifeguard II Salary Range Summary of Proposal Cost 1 Baseline Compensation Base Pay Supplemental Pays Overtime Pension Contribution Other City Paid Benefits SubTotal Other Proposals Change to Lifeguard II Salary Range SubTotal Total ATTACHMENT B City of Newport Beach ANBOL Memorandum of Understanding 09.13.22 - 06.30.25 3.00% 3.00% 3.00% Add one step and remove bottom step $1,847,882 $40,511 $97,611 $156,423 $294,545 67,768 215 436 664 1,314 118,927 3,568 7,243 11,028 21,838 147,631 2,833 5,752 8,758 17,343 29,713 591 1,422 2,278 4,290 $2,211,922 $47,718 $112,463 $179,150 $339,331 32,899 47,306 50,439 130,644 - 32,899 47,306 50,439 130,644 $ 2,211,922 $ 80,617 $ 159,769 $ 229,589 $ 469,975 Cumulative Impact on Employee Compensation Base Salary Increase 2.19% 5.28% 8.47% Total Ongoing Compensation Increase 4 3.64% 7.22% 10.38% Total Compensation Increase 4 3.64% Notes 1 Costs shown in year two reflect the cumulative budget impact in each year as compared to the current budgeted amounts. Z Includes Medicare, compensated absences, employee assistance program, phone allowances, life insurance, and retiree health savings. 3 Percentage shown in each year is as compared to current base salary, not the prior year. 4 Measured based on the total of all pay and benefits. Percentage shown in each year is as compared to current total compensation, not the prior year. 5Cost of Living Adjustment in Year 1, effective in the pay period following adoption. 4-24 a—Z ATTACHMENT C City of Newport Beach u BUDGET AMENDMENT 9�'Foa" 2022-23 BA#: 23-016 Department: Human Resources ONETIME: ❑ Yes ❑� No Requestor: Barbara Salvini Approvals ❑ CITY MANAGER'S APPROVAL ONLY �I a2_ Finance Director: Date El COUNCIL APPROVAL REQUIRED City Clerk: Date EXPLANATION FOR REQUEST: To increase salary & benefit appropriations to fund the new MOU with the Association of Newport Beach Ocean ❑ from existing budget appropriations Lifeguards (ANBOL). ❑ from additional estimated revenues ❑✓ from unappropriated fund balance REVENUES Fund # Org Object Project Description Increase or (Decrease) $ Subtotal! $ EXPENDITURES Fund # Org Object Project Description Increase or (Decrease) $ 010 01040405 711003 JUNIOR LIFEGUARDS - SALARIES PART TIME 9,492.12 010 01040405 712001 JUNIOR LIFEGUARDS - SPECIAL ASSIGNMENT PAY 50.32 010 01040405 723004 JUNIOR LIFEGUARDS - RETIREMENT PART TIME/TEMP 553.67 010 01040405 722002 JUNIOR LIFEGUARDS - PENSION EE NORMAL COST SAFETY 183.69 010 01040405 723003 JUNIOR LIFEGUARDS - PENSION ER NORMAL COST SAFETY 387.19 010 01040405 724002 JUNIOR LIFEGUARDS - PENSION EE CONTRIB SAFETY (460.67) 010 01040405 727016 JUNIOR LIFEGUARDS - MEDICARE FRINGES 138.37 010 01040405 713002 JUNIOR LIFEGUARDS - OVERTIME SAFETY & 1/2 TIME 835.97 010 01040405 711003 JUNIOR LIFEGUARDS - SALARIES PART TIME 7,708.53 010 01040406 711003 LIFEGUARD OPERATIONS - SALARIES PART TIME 31,019.14 010 01040406 712001 LIFEGUARD OPERATIONS - SPECIAL ASSIGNMENT PAY 164.42 010 01040406 723004 LIFEGUARD OPERATIONS - RETIREMENT PART TIME/TEMP 1,809.31 010 01040406 722002 LIFEGUARD OPERATIONS - PENSION EE NORMAL COST SAFE] 600.28 010 01040406 723003 LIFEGUARD OPERATIONS - PENSION ER NORMAL COST SAFE- 1,265.30 010 01040406 724002 LIFEGUARD OPERATIONS - PENSION EE CONTRIB SAFETY (1,505.43) 010 01040406 727016 LIFEGUARD OPERATIONS - MEDICARE FRINGES 452.16 010 01040406 713002 LIFEGUARD OPERATIONS - OVERTIME SAFETY & 1/2 TIME 2,731.84 010 01040406 711003 LIFEGUARD OPERATIONS - SALARIES PART TIME 25,190.58 Subtotal', $ 80,616.78 FUND BALANCE Fund # Object Description Increase or (Decrease) $ 010 300000 GENERAL FUND - FUND BALANCE CONTROL (80,616.78) Subtotal $ (80,616.78) Fund Balance Change Required 4-25