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HomeMy WebLinkAbout10 - 05BA-012 - MOU with Newport Beach Ocean LifeguardsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 September 14, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Assistant City Manager 644 -3222, swood @city.newport- beach.ca.us SUBJECT: Memorandum of Understanding with Association of Newport Beach Ocean Lifeguards and Budget Amendment to Provide Funds for New Equipment RECOMMENDATIONS: 1. Approve the Memorandum of Understanding (MOU). 2. Approve a budget amendment transferring funds in the following amounts from the unappropriated General Fund Reserve: a. $20,000 to 2360 -7072 ANBOL Sunglasses b. $27,780 to 2360 -8200 Special Department Supplies c. $15,190 to 2360 -8204 Uniforms DISCUSSION: The Association of Newport Beach Ocean Lifeguards ( ANBOL) represents the City's seasonal lifeguards. Our existing MOU with this group expired on March 31, 2004. The City's labor negotiation team has reached agreement with ANBOL on a one -year agreement. As with the recently approved MOUs with the three miscellaneous (non - safety) employee groups, the ANBOL agreement reflects the caution with which the City Council directed us to proceed, given current fiscal uncertainties. The major terms of the proposed MOU are as follows: 1. No automatic salary increase. The City will survey other lifeguard agencies in April, and may increase salary to assist with annual recruitment. 2. Increase of $50 in annual allowance for sunglasses, and provision of sweat pants annually. 3. Provision of higher quality binoculars to lifeguards, along with responsibility to maintain them. MOU with ANBOL and Budget Amendment for New Equipment September 14, 2004 Page 2 Funding Availability: The Fire Department budget for this fiscal year does not include funds for the additional sunglasses allowance, sweat pants and new binoculars. The Department is requesting that $62,970 be transferred from the unappropriated General Fund Reserve to fund these purchases. This includes the additional $50 for sunglasses in 2004 (because the MOU is retroactive to April 1, 2004) as well as the full $100 for sunglasses in 2005. Submitted by: Sharon Wood Assistant City Manager Attachments: 1. Memorandum of Understanding 2. Budget Amendment MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND 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, 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. Association representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from April 1, 2009 to March 31, 2005 and this tentative agreement has been embodied in this MOU. ',. This MOU, upon approval by the Association and the Nawnr..r Beach City Council, 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 7173. 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. 7173, 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 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 meeting the following criteria: Active employees 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 who have worked 300 cumulative hours. All other employees are excluded. B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOO shall be considered effective as of April 1, 2004. This MOO shall remai-� in full force and effect until March 31, 2005, and the provisions of this MOO shall continue after the date of expiration of this MOO in the event tte parties are meeting and conferring on a successo- MOO. 2. The terms and conditions of this r;OG shall preva -= over conflicting provisions of Che Newport: Deach Cir- Charter, the ufdi;iances, resolutions and pJilcies the City of i :D, - ;port Beach, and federal and stata statutes, rules and regulations which eithe- specifically provide that agreements such as th_s prevail, confer rights which may be waived by ar.'; collective bargainina agreement, or are, pursuant t decisional or statutory law, superseded by the provisions of an agreement similar to this MOO. C. Employee Data and Access Each March the City shall provide the Association a list of all. unit members including name, and job title. D. Conclusiveness This MOO contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOO, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue contained 2 4 herein. 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 governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. SECTION 2. - Compensation A. Pay for Time Worked 1. Salary Adjustments The City will conduct a salary survey prior to April 15, 2005 reflecting salaries in effect as of April 1, and assess the City's competitive position for recruitment. Based on the survey, mutually agreed upon salary increases will be implemented effective the pay period including April 1, 2005. 2. Compensation for Overtime - Normal Overtime Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods. Definition of Hours Worked - Hours as hours which employees are performing their regular duties assigned by the City. 3 worked are defined required to be or other duties Compensation - Normal overtime for all non - exempt employees shall be paid at one - and - one -half (1 -1/2) times the hourly rate of the employee's bi- weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. SECTION 3. - Work Hours and Staffin A. Staffing During "A" level staffing, Monday through Friday, two patrols (one each in divisions 1 and 2) shall be staffed with two persons. Saturday and Sunday, four patrols (two each in divisions 1 and 2) shall be staffed with two persons. Such staffing will be placed on the regular schedule, treated the same as other positions on the regular schedule, and will be subject to the availability of qualified personnel. Upon reouest, declared at the beginninc of each season, represented employees shall be scheduled for at least thirty -five (35) hours per week during "A" level staffinq. Represented employees will be paid two (2' hours of pay if their scheduled shift is canceled _ater than 4:00 p.m. the day before the work is scheduled. The shift is considered canceled when the Ci�:y provides notice zo the employee ac the number designated by the employee. Once reporting to work, employees will be afforded the opportunity to either work their scheduled shift or voluntarily leave work t.ichout pay if work is not available. SECTION 4. - Fringe Benefits A. Sunglasses Represented employees in the Association of Newport Beach Ocean Lifeguards shall be paid One Hundred ($100.00) Dollars annually towards the purchase of UVA /UVB compliant sunglasses by July 1" of each season they are working. Sunglasses must be full coverage, have polarized lenses, and be worn whenever conditions warrant. 4 B. Skin Cancer Screening Annual skin cancer examinations shall be provided for unit employees at a facility selected by the City. Employees who are scheduled to be screened off duty will be paid one (1) hour of compensation. C. Binoculars Each Seasonal Lifeguard shall be provided a pair of binoculars (minimum power 10 x 50) at the start of their careers with the City. 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. D. Other Equipment One pair of sweat pants provided to each employee once per season. One pair of uniform trunks, two uniform shirts and one full brimmed uniform hat each season. One jacket per career, replaced when unserviceable. One pair swim fins, one mask and snorkel per career, replaced by City if loss or broken in the e.:ecution of work duties. E. Gym Represented employees will be provided access to the City Gym. F. Other Benefits Not Guaranteed Employees represented by the Association of Newport Beach Ocean Lifeguards may, in the sole discretion of the City, be provided additional benefits /privileges. M 7 SECTION 5. - Miscellaneous. 0 N Disciplinary Actions Represented employees are afforded the opportunity to seek internal resolution of any disciplinary actions having a financial impact on the employee. Represented employees may appeal any such actions to the Fire Chief within ten (10) calendar days of the disciplinary action. The Fire Chief will meet with the employee and a representative of their 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. The City Manager will meet with the employee and their representative. Within ten (10) calendar days, the City Manager shall issue his /her decision. The decision of the City Manager shall be final. This is the only City appeal procedure for the term of this agreement. Orientation Association representatives will be allowed ten minutes at the end of training sessions to address newly hired trainees. Executed this __day of , 2009: ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS 14 5 ATTEST: CITY OF NEWPORT BEACH M Tod W. Ridgeway, Mayor LaVonne Harkless, City Clerk APPROVED AS TO FORS: Robin Clauson, Acting City Attorney 7 S City of Newport Beach EA- 012 BUDGET AMENDMENT 2004 -05 EFFECT ON BUDGETARY FUND BALANCE: Account Number Increase Revenue Estimates X Account Increase Expenditure Appropriations AND Division Number Transfer Budget Appropriations SOURCE: Division Number Account from existing budget appropriations NX from additional estimated revenues from unappropriated fund balance EXPLANATION: AMOUNT: $62,970.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations for costs associated with the ANBOL MOU. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund Fund Balance REVENUE ESTIMATES (360 1) Fund /D vision Account Description EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Finan :ial Signed: Description 2360 Fire - Lifeguards 7270 ANBOL - Sunglasses 2360 Fire - Lifeguards 8200 Special Department Supplies 2360 Fire - Lifeguards 8204 Uniforms I: Administrative-Services Director City Manager Amount Debit Credit $62,970.00 * Automatic $20,000.00 $27,780.00 $15,190.00 Date Date Signed: _ City Council Approval: City Clerk Date