The URL can be used to link to this page

Home My WebLink About9460 - C-2058 Ocean Lifeguard AssociationRESOLUTION NO. 9460 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE MEMORANDUM OF 0 UNDERSTANDING NEGOTIATED BY REPRESENTATIVES OF THE NEWPORT BEACH OCEAN LIFEGUARD ASSOCIA- TION AND THE CITY REPRESENTATIVE (C-ao59) WHEREAS, Resolution No. 7173 of the City Council of the City of Newport Beach provides that the City Repre- sentative and Representatives of the Newport Beach Ocean Lifeguard Association will meet and confer in good faith regarding matters within the scope of representation; and WHEREAS, the City Representative and Representatives of the Newport Beach Ocean Lifeguard Association have jointly recommended approval of this Memorandum of Understanding by the City Council, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby approve the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Ocean Lifeguard Association, a copy of which is attached hereto and made a part hereof, and authorizes the City's Representative to execute same on behalf of the City, effective July 1, 1978. ADOPTED this 13th day of November , 1978. ATTEST: City Clerk CERTIFIED A F'E O.'.!CIF! ^.L ?— ....- CITY CLERK OF THE CITY OF Itic \Y :tT d_'ACH NOV 1 5 1970 ® ATEi . .......................... ................ ......... .... —. L- T/ May 6r DDO /kb 11/1/78 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND • THE.NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION A RECOGNIZED EMPLOYEE ORGANIZATION The wages, hours, and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the staff officials of the City of Newport Beach (hereinafter called "NEWPORT BEACH ") and the Newport Beach Ocean Lifeguard Association (hereinafter called "NBOLA ") and shall apply to all classifications set forth in Appendix "A." The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between NEWPORT BEACH and the NBOLA. The NBOLA agrees to recommend acceptance by its members of all the terms and conditions of employment as set forth herein, and NEWPORT BEACH agrees to recommend to the Newport Beach City Council that all the terms and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without further action by either party. ARTICLE I.' NBOLA Recognition NEWPORT BEACH hereby confirms its prior certification of NBOLA as the recognized employee organization for the employees in the Lifeguard unit, and agrees to meet and confer and other- wise deal exclusively with NBOLA on all matters within the • scope and representation pertaining to the said employees as authorized by law. The NBOLA agrees that during the life of this Memorandum it will not appear before the City Council or any other legislative body on any matter within the scope of the meet and confer process unless required under a subpoena, or by law, or by agreement with NEWPORT BEACH. ARTICLE II Salaries and Wages NEWPORT BEACH and NBOLA agree to the salary schedule for the various classifications as set forth in Appendix "A" attached to this Memorandum and by this reference made a part hereof, to be effective July 1, 1979. ARTICLE III Retirement NEWPORT BEACH agrees to pay one -half of the employees' contribution to the Public Employees Retirement System (PERS). NEWPORT BEACH agrees to a lump sum payment the first pay period following the signing of this Memorandum of Understanding that will reflect an amount equal to one -half the employees' contribution to PERS for the period of time between July 1, 1978, and the signing of this Memorandum of Understanding. NEWPORT -2- BEACH will thereafter pay one -half the employees' contribution to PERS for the remainder of Fiscal Year 1978 -79, at which time ARTICLE IV Scholastic Achievement Plan NEWPORT BEACH agrees to the Scholastic Achievement Plan as detailed in Appendix "B" to this Memorandum. ARTICLE V Military Buy -Back Effective July 1, 1978, NEWPORT BEACH agrees to amend its contract with the Public Employees Retirement System (PERS) to provide for the inclusion of Section 20930.3 of the California Government Code, said section allowing for credit for military service for employees represented by NBOLA. ARTICLE VI Continuation of Existing Benefits All employees in the classifications as set forth in Appen- dix "A" shall be covered by the terms and conditions and receive all the other benefits not specifically covered by any other Article of the Memorandum that are provided to employees of NEWPORT BEACH as set forth in resolutions previously adopted by the City Council of the City of Newport Beach for such purposes. The City Representative of Newport Beach will not recommend any -3- such increased contribution by NEWPORT BEACH shall cease and revert to the normal rate of employee contribution. ARTICLE IV Scholastic Achievement Plan NEWPORT BEACH agrees to the Scholastic Achievement Plan as detailed in Appendix "B" to this Memorandum. ARTICLE V Military Buy -Back Effective July 1, 1978, NEWPORT BEACH agrees to amend its contract with the Public Employees Retirement System (PERS) to provide for the inclusion of Section 20930.3 of the California Government Code, said section allowing for credit for military service for employees represented by NBOLA. ARTICLE VI Continuation of Existing Benefits All employees in the classifications as set forth in Appen- dix "A" shall be covered by the terms and conditions and receive all the other benefits not specifically covered by any other Article of the Memorandum that are provided to employees of NEWPORT BEACH as set forth in resolutions previously adopted by the City Council of the City of Newport Beach for such purposes. The City Representative of Newport Beach will not recommend any -3- revision or modification to such conditions or benefits which apply to employees in the classifications as set forth in isAppendix "A" without the mutual agreement of NBOLA. ARTICLE VII Conclusiveness of Aqreement This Memorandum contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be compelled, and expressly waives its rights, to meet and confer with the other concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this Memorandum,except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation, or agreement reached prior to the signing of this Memorandum and not set forth herein. ARTICLE VIII The terms of this Memorandum are to remain in full force and effect until the 30th day of June, 1980, and thereafter from year to year unless within the time frame and in the manner designated in Section 13, TIMETABLE FOR SUBMISSION OF REQUESTS, of the Employer - Employee Relations Resolution, either party serves written notice upon the other party of its desire to make -4- changes in this Memorandum. Upon adoption of a Resolution approving this Memorandum and the terms hereof by the City • Council of the City of Newport Beach, this Memorandum shall be in full force and effect as of the first day of July, 1978. ARTICLE IX Separability Should any part of this Memorandum or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by decree of a court of competent jurisdiction, such invalidations of such part or portion of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect. ARTICLE X Non - Discrimination NEWPORT BEACH and NBOLA agree that there will be no discri- mination by either party or by any of their agents against any employee because of his membership or non - membership in the NBOLA, or because of his race, creed, color, national origin, religious belief, political affiliation, sex, or age. ARTICLE XI State Surplus Disclaimer If, in Fiscal Year 1979 -80, the State allocates surplus funds to cities to relieve the burden created by lost property tax revenues brought about by the passage of Proposition 13, and -5- if conditions are attached to those funds which prevent or limit the City's ability to grant employee salary increases, • then it is understood and agreed between the parties hereto as follows: 1. If the State guidelines for acceptance of State surplus funds permit some percentage salary increases, NEWPORT BEACH agrees to pay employees that percentage salary increase up to a maximum increase as set forth in Appendix "A "; 2. NEWPORT BEACH and NBOLA agree to reopen negotiations for the purpose of determining alternate means of compensation to make up the difference between the percentage paid in salaries and the remainder of the agreed upon percentage salary increase as set forth in this Memorandum of Understanding, subject to the conditions contained in paragraph 4 below; 3. If no salary increases are permitted under the State guidelines, then NEWPORT BEACH and NBOLA agree to reopen negoti- ations for the purpose of determining substitute forms of compen- sation which will equate to the total dollar amount of the proposed percentage salary increase as set forth in this Memoran- dum of Understanding, subject to the conditions contained in paragraph 4 below; 4. The commitments contained in this Article are made by NEWPORT BEACH in good faith and shall be honored by NEWPORT BEACH to the best of its ability, exercising every reasonable effort -6- to make available sufficient municipal revenues to satisfy these commitments; • 5. If the State guidelines have been adjudicated and declared invalid as they apply to salary adjustments contained in existing contractual agreements, NEWPORT BEACH agrees to pay the full percentage salary increase as set forth in this Memorandum of Understanding. EXECUTED this day of �Z'�� 1978. CITY OF NEWPORT BEACH NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION UTA Assistant he City .Manage es ,eritative GEORGE AS, Finand4 Director/ City Rdpzetentative APPROVED AS TO FORM: 4DENI D. O'NEIL, City Attorney -7- • Marine Safety Captain Marine Safety Lieutenant Marine Safety Officer Boat Lieutenant APPENDIX "A" Salary Range 55.049 - 59.049 52.020 - 56.020 49.012 - 53.012 52.020 - 56.020 -i- Approx. Mo. Salary 1,778 - 2,161 1,493 - 1,815 1,280 - 1,556 1,493 - 1,815 U APPENDIX "B" SCHOLASTIC ACHIEVEMENT PLAN • I. APPLICABILITY This Plan shall apply to the following classifications in the Marine Department: (a) Marine Safety Captain; (b) Marine Safety Lieutenant; (c) Marine Safety Officer; (d) Boat Lieutenant. II. DEFINITIONS 1. Years of Service Full time employment with the City of Newport Beach Marine Department or another Marine Department in one of the above classifications. 2. Total College Semester Units The total number of college semester units from an accredited college or university in addition to those required by the employee's most current class specifi- cation. 3. Total Job - Related Units The total number of college semester units from an accredited college or university in addition to those required by the employee's most current class specifi- cation, for which tuition reimbursement by the City has been or would normally be granted. -ii- J III. ELIGIBILITY To be eligible for participation in this Plan, an • employee must: a) Have been employed by the City of Newport Beach or another Marine Department in one of.the above classifications for the minimum periods of time specified in Section V below; b) Have completed the minimum number of total semester units, in addition to those required by his present classification, as specified in Section V below; c) Have been rated competent or above in each of his last two annual performance evalua- tions; d) Have passed his initial probationary period as an employee in the Marine Department in one of the above classifications; and e) Be recommended by his Department Director. IV. APPLICATION PROCEDURE Employees of the Department qualifying under Section III above must submit evidence of such qualification prior to July 1 in order to receive payment for the period July 1 - June 30; and prior to February 1 in order to receive -iii- payment for the period February 1 - June 30. No other periods for application for payment under this Plan • will be allowed. Application for payment is to be made on forms provided by the Personnel Office. Records substantiating the employee's eligibility must be attached to the form. V. SCHEDULE OF PAYMENTS Years of Total College Compensation Service Semester Units Per Month 2 30 $ 25.00 3 30 25.00 3 60 50.00 3 90 75.00 4 30 25.00 4 60 50.00 4 90 75.00 . 4 120 100.00 VI. APPROVAL AUTHORITY The City Manager shall be the final approval authority for all requests submitted under this Plan. -iv-