HomeMy WebLinkAbout2022-57 - Adopting a Memorandum of Understanding Between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards and Amending the Salary ScheduleRESOLUTION 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;
Resolution No. 2022-57
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.
Resolution No. 2022-57
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.
ayor
ATTEST:
Leilani I. Brown '
City Clerk U
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APPROVED AS TO FORM:
CITY TTORNEY'S OF�FFIICE
ot, (.
Aarbn C. Harp
City Attorney
Exhibit A - Memorandum of Understanding
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. 2022-57 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 13'h day of September, 2022; and the same was so passed and adopted by
the following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tern Noah Blom, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 141h day of September, 2022.
O&M,
Leilani . Brown
City Clerk�''�`
Newport Beach, California ,/,
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