HomeMy WebLinkAbout2022-28 - Adopting a Memorandum of Understanding Between the City of Newport Beach and the City of Newport Beach Lifeguard Management Association and Amending the Salary ScheduleRESOLUTION NO. 2022-28
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 CITY OF
NEWPORT BEACH LIFEGUARD MANAGEMENT
ASSOCIATION 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 with
the Newport Beach Lifeguard Management Association ("NBLMA") a recognized
organization, for the term of January 1, 2019 through December 31, 2021;
WHEREAS, representatives from the City and NBLMA 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 NBLMA attached hereto as Exhibit A and incorporated herein by
this reference;
WHEREAS, the NBLMA ratified the Memorandum of Understanding on or about
March 21, 2022;
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 (Establishment of
Classifications and Salary Ranges) provides, upon recommendation of the City Manager,
the City Council may establish by resolution the salary range or rate for each class or
position;
WHEREAS, the City Manager has reviewed the changes to the salary schedule
for NBLMA unit members provided in this resolution and recommends approval;
Resolution No. 2022-28
Page 2 of 4
WHEREAS, the City Council received and considered the Memorandum of
Understanding at its regular meeting on April 26, 2022;
WHEREAS, by adopting this resolution, the City Council intends to amend the
salary schedule for NBLMA unit members so as to be in conformance with the
Memorandum of Understanding; and
WHEREAS, by adopting this resolution, the City Council also desires to replace
the 2019-2021 Memorandum of Understanding between the City and NBLMA by adopting
the Memorandum of Understanding attached hereto as Exhibit A to serve as the
successor agreement between the City and NBLMA for the period January 1, 2022
through December 31, 2025.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby adopt the Memorandum of
Understanding that is attached hereto and incorporated herein as Exhibit A. Wages,
hours, fringe benefits, and other terms and conditions of employment for employees
represented by NBLMA 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 NBLMA for the period January 1, 2022
through December 31, 2025.
Section 2: The Memorandum of Understanding shall be effective from the dates
of January 1, 2022 through December 31, 2025.
Section 3: The City's salary schedule shall be modified to be consistent with this
resolution. Any resolution, or part thereof, in conflict with this resolution shall be of no
effect.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2022-28
Page 3 of 4
Section 5: 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 6: 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, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Resolution No. 2022-28
Page 4 of 4
Section 7: 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 10th day of May 2022.
ATTEST:
I�
Leilani I. Brown U
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Kevin Muldo
Mayor
M01ro,.
PO RNP
Exhibit A - Memorandum of Understanding between the City and the Newport Beach
Lifeguard Management Association for 2022 — 2025
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH LIFEGUARD MANAGEMENT
ASSOCIATION
January 1, 2022 through December 31, 2025
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
TABLE OF CONTENTS
Preamble
Section 1. General Provisions
Durationof Memorandum................................................................................................ 1
Scope............................................................................................................................. 1
Conclusiveness............................................................................................................... 2
Savings........................................................................................................................... 2
Other Terms and Conditions........................................................................................... 2
Unit Classification Titles................................................................................................. 2
Section 2. Compensation
SalaryAdjustments........................................................................................................ 2
One -Time Lump Sum Payment....................................................................................... 3
SpecialAssignment Pay.................................................................................................. 3
Overtime.......................................................................................................................... 3
Uniforms.......................................................................................................................... 4
CallOut........................................................................................................................... 4
ScholasticAchievement Pay...........................................................................................5
NightStandby................................................................................................................. 5
Move -up Pay................................................................................................................... 6
Move -down Pay.............................................................................................................. 6
CourtStandby Pay.......................................................................................................... 6
LongevityPay.................................................................................................................. 7
SalaryDifferential........................................................................................................... 7
Section 3. Leaves
FlexLeave....................................................................................................................... 7
Useof Flex Leave........................................................................................................... 9
FamilySick Leave........................................................................................................... 9
HolidayTime................................................................................................................... 9
BereavementLeave...................................................................................................... 10
Section 4. Fringe Benefits
Insurance...................................................................................................................... 10
Additional Health Insurance Programs.......................................................................... 13
Employee Assistance Program..................................................................................... 14
TheRetirement Benefit................................................................................................. 14
9
Retiree Health Benefits Program (Full -Time Classifications Only) ............................... 16
TuitionReimbursement................................................................................................ 21
Section 5. Miscellaneous Provisions
Reductions in Force/Layoffs..........................................................................................22
Discipline...................................................................................................................... 24
Health and Fitness Evaluations..................................................................................... 24
Provision for Sun Provision........................................................................................... 24
Fitness Equipment and Exercise Time.......................................................................... 24
EmployeePolicy Manual............................................................................................... 25
DirectDeposit................................................................................................................ 25
Exhibit A (Represented Classifications)...................................................................... 27
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
NEWPORT BEACH AND THE NEWPORT BEACH LIFEGUARD
MANAGEMENT ASSOCIATION
This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into
with reference to the following:
PREAMBLE
Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to
as "CITY") and authorized representatives of the NEWPORT BEACH LIFEGUARD
MANAGEMENT ASSOCIATION (hereinafter referred to as "NBLMA") a recognized
employee organization, met and conferred, exchanging various proposals concerning
wages, hours, fringe benefits and other terms and conditions of employment of
employees represented by NBLMA (hereinafter referred to as "EMPLOYEES") for the
period of January 1, 2022 through December 31, 2025.
SECTION 1. GENERAL PROVISIONS
A. Duration of Memorandum
The terms of this MOU are to remain in full force and effect from January 1, 2022
through December 31, 2025.
B. Scope
1. All present written rules and currently established practices and employee
rights, privileges and benefits that are within the scope of representation
shall remain in full force and effect during the term of this MOU unless
specifically amended by the provisions of this MOU, or in the case of the
Department's Standard Operating Procedures (SOPs) falling within the
scope of representation, the City has given notice to the Association and,
upon request, met and conferred on any proposed changes which fall within
the scope of representation.
When the Department proposes to change any SOP departmental rule
or regulation, it will provide a copy of such change to the Association no
less than seven (7) days prior to implementation of the proposed change.
If such proposed change materially impacts any matter within the scope
of representation, then the parties agree to meet and confer over such
impact.
1
NBLMA MOU 2022-2025
2. Pursuant to this MOU, the City reserves and retains all its inherent exclusive
and non-exclusive managerial rights, powers, functions and authorities
("Management Rights") as set forth in Resolution No. 2001-50.
C. Conclusiveness
Except as provided for in this agreement, this MOU contains all the covenants,
stipulations and provisions agreed upon by the parties.
D. Savings
Should any part of this MOU or any provision 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 invalidation of such part or
portion of this MOU shall not invalidate the remaining portion hereto, and same
shall remain in full force and effect.
E. Other Terms and Conditions
Except as to those matters expressly covered by this MOU, all terms and
conditions of employment may be changed or amended after meeting and
conferring, in good faith.
Unless specifically provided in this MOU, Part-time members shall only receive
those benefits in this MOU which are specifically set forth as applicable to Part-
time members.
F. Unit Classification Titles
Unit classifications are listed in Exhibit A.
For all compensation comparison purposes, actual job duties, and not
classification titles, will be utilized.
SECTION 2. COMPENSATION
A. Salary Adjustments
Base salary increases for all NBLMA represented classifications shall be as follows
and as specified in Exhibit A:
2
NBLMA MOU 2022-2025
Effective the first day of the pay period following January 1, 2022, base salaries
will be increased by two percent (2.0%) for all members of the bargaining unit.
Individuals must be employed by the City on the first day of the pay period following
City Council adoption to qualify for retroactive payment of the cost -of -living
adjustment (COLA).
Effective the first day of the pay period following January 1, 2023, base salaries
will be increased by two percent (2.0%) for all members of the bargaining unit.
Effective the first day of the pay period following January 1, 2024, base salaries
will be increased by two percent (2.0%) for all members of the bargaining unit.
Effective the first day of the pay period following January 1, 2025, base salaries
will be increased by two percent (2.0%) for all members of the bargaining unit.
B. One -Time Lump Sum Payment
All bargaining unit members in paid status for the entirety of the first full pay period
following the adoption of the 2022-2025 MOU by the City Council will receive a
signing bonus of $2,000. The parties intend and understand that this lump sum
payment is non -pensionable and will not be reported to CaIPERS. The parties
also agree that this payment is intended to be specific to the pay period in which it
is paid and is to be considered part of the FLSA regular rate for this pay period
only.
C. Special Assignment Pay
1. Boat Pay: Lifeguard Captains certified for and assigned to boat operations
shall receive additional compensation of 2.5% of base salary for their job
classification. Boat assignment pay will be assigned to a qualified Captain
and compensated only when performing boat duties.
D. Overtime
Unit employees shall receive overtime compensation for all hours worked in
excess of forty (40) in any work week. Time worked shall be rounded to the nearest
quarter of an hour (seven (7) minutes or less round down; eight (8) minutes or
more round up). Paid time off shall be considered time worked for the purposes
of calculating MOU overtime.
3
NBLMA MOU 2022-2025
The rate at which MOU overtime (overtime which is in addition to that which is
required by the FLSA) is paid does not include any contributions to the City's
Cafeteria Plan as set forth in Section 4 - Fringe Benefits of the MOU.
Unit employees shall have the option of requesting to earn compensatory time off
(CTO) for all overtime, including training time, in lieu of overtime compensation. All
use of compensatory time off shall be subject to existing City rules. The time during
which an employee may use accrued CTO is subject to approval by the department
head or their designee with due regard for the wishes of the employee and the
need to provide service. However, an employee wishing to use their accrued CTO
shall provide the City with reasonable notice of such request. A request to use
CTO without reasonable notice may still be granted within the discretion of the
supervisor or manager responsible for considering the request. Notwithstanding
this paragraph, the parties agree that employees cannot use CTO from June 15
through Labor Day each year.
The maximum accrual of CTO shall be eighty (80) hours. Effective January 1,
2020, an employee may only accrue up to eighty (80) hours of CTO per calendar
year.
E. Uniforms
The City shall pay the entire cost of providing full-time and part-time NBLMA
members with each component of the required NBLMA uniforms. The required
NBLMA uniform includes uniform pants, uniform shirts, safety shoes, badges and
insignias, uniform jackets and liners, belts, dive equipment, foul weather gear,
personal floatation device and helmet. The City shall not be responsible for
providing employees with socks, underwear, cap, workout shoes, or other clothing.
As permissible by law and subject to the provisions and limitations under the Public
Employees' Retirement Law, including restrictions on reporting uniform allowance
as pensionable compensation for "non -classic" members hired after January 1,
2013, the City shall report the value of provided uniforms at $838 per year ($32.23
per pay period) in accordance with PERS requirements. The parties agree the
reported value of uniforms is intended to reflect clothing such as pants, shirts,
jackets, and related attire and excludes health and safety related equipment.
F. Call Out
Call out compensation shall be in accordance with the following provisions:
4
NBLMA MOU 2022-2025
1. All emergency call out time shall be calculated to the nearest one quarter
(1/4) hour of time worked.
2. A minimum of two (2) hours (including travel time). If the two hours causes
the employee to exceed forty (40) hours in the week, the rate of pay shall
be at one and one half (1 1/2) times the employee's rate of pay. Employees
will be considered "on duty" at the beginning of each emergency call out for
a minimum of two (2) hours or until completed. Employees will not be
compensated for additional call outs that occur during the initial two (2) hour
response period, or during normal working hours.
G. Scholastic Achievement Pay
Employees in the classification of Lifeguard Captain shall receive two percent of
base salary (2%) if they receive a Bachelor's Degree. Employees in the
classification of Lifeguard Battalion Chief shall receive one percent (1%) of base
salary if they receive a Master's Degree.
A "degree" shall be awarded by an institution accredited by the State of California,
the United States Department of Education, the Council for Higher Education, or
the Distance Education Training Council.
The parties agree that to the extent permitted by law, the Scholastic Achievement
Pay in this section is special compensation and shall be reported to Ca1PERS as
such pursuant to Title 2 CCR, Section 571(x)(2) and 571.1(b)(2) Educational
Incentive Pay.
H. Night Standby
A full-time or part-time employee assigned to standby duty (as defined by
Department Policy) for purposes of being on call to handle emergency situations
arising at times other than during normal working hours shall be guaranteed two
and a half (2.5) hours of pay at the employee's rate of pay for each calendar day
of such standby duty. Employees shall have the option of receiving compensatory
time off at straight time in lieu of pay for night standby. This compensatory time off
is part of same bank which is subject to the maximum accrual of compensatory
time off set forth in Section 2D above.
5
NBLMA MOU 2022-2025
I. Move -up Pay
Temporary upgrading shall be defined as the temporary assignment of an
employee to work in a job classification, which is assigned to a salary schedule
higher than their regular job classification.
Employees temporarily upgraded to the following job classifications and equivalent
positions shall receive a five percent (5%) pay differential over their rate of pay for
all time worked in the higher job classification if they are assigned to work in the
higher job classification for a period of one (1) working hour or longer.
Lifeguard Captain
Lifeguard Battalion Chief
All holiday, flex leave, and other paid leave shall be paid at the employee's rate of
pay.
Assignments to higher rated classifications shall be made at the sole discretion of
the City.
J. Move -down Pay
Employees who work down - a temporary assignment of an employee to work in a
job classification, which is assigned to a salary schedule lower than their regular
job classification (i.e., a Battalion Chief who moves down as a Lifeguard Captain
or a Lifeguard Captain who moves down as a Lifeguard Officer) shall be paid at
the top step of the classification to which the employee moved down unless the
top step of the moved down classification is higher than their current rate of pay.
In that case, they will be paid at the regular pay rate.
K. Court Standby Pay
All NBLMA members who, pursuant to subpoena compelling attendance to testify
to acts, observations, or omissions occurring in the course and scope of
employment or at the direction of their supervisor, are required, while off- duty, to
remain within a certain response time from court, shall be on "court standby time"
and shall receive four hours of pay for each eight hours of court standby time.
NBLMA members shall, when required to appear in court pursuant to a subpoena
or the direction of their supervisor to testify at to matters relating to their
employment with the City, be on duty and shall be paid accordingly. Members shall
6
NBLMA MOU 2022-2025
remit all witness fees received for testifying or appearing on any matter for which
the member is eligible to receive court standby time.
L. Longevity Pay
Employees in the Unit shall receive Longevity Pay as follows:
Years of Service Longevity Pay
16 but less than 20 1.0%
20 but less than 25 1.5%
25 and over 2.5%
The parties agree that to the extent permitted by law, the Longevity Pay in this
section is special compensation and shall be reported to Ca1PERS as such
pursuant to Title 2 CCR, Section 571(a)(1) and 571.1(b)(1) Longevity Pay.
M. Salary Differential
The Training Lifeguard Captain shall be assigned to routinely and consistently train
employees and oversee the Junior Lifeguard Program. Training Lifeguard
Captains shall receive an additional 7.5% of base pay over Line Lifeguard
Captains. Assignment as a Training Lifeguard Captain is for one year unless
extended by the Assistant Chief, Lifeguard Operations.
SECTION 3. LEAVES
A. Flex Leave
1. Basis for Accrual
Full -Time Members:
Regular full-time employees enrolled in the Flex Leave program will earn
leave in accordance with the following schedule:
Years of Continuous Accrual per pay Maximum Hours
Service in the Unit period/hrs Annual Accrual
1 but less than 5 5.54 288.08
5 but less than 9 6.15 319.80
7
NBLMA MOU 2022-2025
9 but less than 12 6.77 352.04
12 and over 7.69 399.88
Part -Time Members:
Regular part-time employees shall be enrolled in the Flex Leave program
and accrue leave time at the rate of .04 hours for each hour worked.
2. Limit on Accumulation and Cash Out of Flex Leave
Employees shall be entitled to accrue flex leave up to a maximum of fifty-
two (52) times the member's bi-weekly accrual rate. This limit on
accumulation shall apply to both full-time and part-time members. Earned
flex leave in excess of the maximum permitted is currently paid bi-weekly at
the member's hourly rate of pay ("spillover pay"). Members shall be eligible
for flex leave spillover pay only if they have utilized at least eighty (80) hours
of flex leave the previous calendar year. Employees who have not utilized
eighty (80) hours of leave for full time and sixty (60) hours for part-time the
prior calendar year shall not be eligible for "spillover pay". Once an
employee accrues the maximum accrual limit, theywill not accrue additional
flex leave until they use leave and reduce their accrual below the accrual
limit.
Employees shall have the option of converting accrued Flex Leave to cash
on an hour -to -hour basis subject to the following: on or before the pay period
which includes December 15 of each calendar year, an employee may
make an irrevocable election to cash out accrued flex leave which will be
earned in the following calendar year. The employee can elect to receive
the cash out in the pay period which includes June 30 and the pay period
which includes December 15 for those Flex Leave benefits that have been
earned during that portion of the year. In no event shall the flex leave
balance be reduced below on hundred and sixty (160) hours.
3. Method of Use
Flex leave may not be taken in excess of that actually accrued. The
Department Director or designee shall approve all requests for flex leave
taking into consideration the needs of the Department, and whenever
possible the seniority and wishes of the employee. Flex leave may be
granted on an hourly basis.
8
NBLMA MOU 2022-2025
B. Use of Flex Leave
Level A staffing shall run from June 15th through Labor Day. During this period of
time, full-time and part-time NBLMA personnel may be limited to a total of forty
(40) hours usage of flex leave requiring backfill. Additional flex leave during this
period may be approved if, in the opinion of management, adequate staffing levels
can be maintained.
C. Family Sick Leave
Unit employees shall be entitled to use an amount of time equal to one-half (1/2)
of their annual leave accrual for an illness of a family member as defined below
which requires the presence of the employee. Such time may be taken from the
employee's annual leave accrual or leave bank, at the employee's choice. Leave
shall be administered in accordance with the provisions of the Employee Policy
Manual (EPM)
For purposes of family sick leave, family member shall mean spouse, parent,
(parent shall mean biological, foster, or adoptive), child (child shall mean biological,
adopted, or foster child; a stepchild; a legal ward; or a child of an employee
standing in local parentis), grandchild, grandparent, sibling or as modified by State
or Federal law.
D. Holiday Time
As described in the following paragraph, employees shall receive leave or pay for
the following holidays:
New Year's Day
January 1
Martin Luther King Day
January — 3rd Monday
Washington's Birthday
February— 3rd Monday
Memorial Day
May— Last Monday
Floating Holiday*
July 1
Independence Day
July 4
Labor Day
September — 1St Monday
Veterans Day
November 11
Thanksgiving Day
November— 4t" Thursday
Friday After Thanksgiving
November— 4t" Friday
Christmas Eve
December 24 (last % of workday)
Christmas Day
December 25
New Year's Eve
December 31 (last % of workday)
9
NBLMA MOU 2022-2025
Full-time employees receive 96 hours of holiday time per year,1/26th (3.69 hours)
per pay period which will be paid or accrued each pay period. Part-time employees
receive 72 hours of holiday time per year, 1/26th (2.77 hours) per pay period which
will be paid or accrued each pay period. When an employee becomes an NBLMA
member, they shall select to receive either pay, leave or a combination of both pay
and leave for the holidays. When a part-time employee in the unit is appointed to
a full-time classification, they shall select to receive either pay, leave or a
combination of both pay and leave for the additional twenty-four (24) hours.
To the extent permitted by law, this holiday compensation shall be reported to
PERS as special compensation for those employees who are normally required to
work on an approved holiday because they work in positions that require
scheduled staffing without regard to the holidays and shall be reported as such
pursuant to Title 2 CCR, Section 571(a)(5) and 571.1(b)(4) Holiday Pay.
E. Bereavement Leave
Bereavement Leave shall be defined as the necessary absence from duty by an
employee because of the death or terminal illness in their immediate family.
NBLMA full-time members shall be entitled to 40 hours bereavement leave per
incident (terminal illness followed by death is considered one incident) and 32
hours bereavement leave for part-time members. Leave hours need not be used
consecutively, but should occur in proximate time to the occurrence, but no more
than 90 days from the date of the death of the family member. Immediate family
shall mean an employee's father, stepfather, mother, stepmother, brother, sister,
spouse/domestic partner, child, stepchild and grandparent, and the employee's
spouse/domestic partner's father, mother, brother, sister, child, and grandparent.
An employee requesting bereavement leave shall notify their supervisor as soon
as possible of the need to take leave.
Probationary Employees. An employee serving their initial probationary period who
takes leave under this section who for any reason terminates their employment
prior to the completion of such probationary period shall have their final paycheck
reduced by the value of the leave taken.
Section 4. FRINGE BENEFITS
A. Insurance
1. Benefits Information Committee
10
NBLMA MOU 2022-2025
The City has established a Benefits Information Committee composed
of one representative from each employee association and up to three
City representatives. The Benefits Information Committee has been
established to allow the City to present data regarding carrier and coverage
options, the cost of those options, appropriate coverage levels and other
health care issues. The purpose of this Committee is to provide each
employee association with information about health care issues and to
receive timely input from associations regarding preferred coverage
options and levels ofcoverage.
2. City Contribution
The City has implemented an IRS qualified Cafeteria Plan. The City
contribution toward the Cafeteria Plan shall be as set forth below.
Employees shall have the option of allocating Cafeteria Plan
contributions towards the City's existing medical, dental and vision
insu ran ce/p rog rams. The City and NBLMA will cooperate in pursuing
additional optional benefits to be available through the Cafeteria Plan.
Any unused Cafeteria Plan funds shall be payable to the employee as
taxable cash back. Employees shall be allowed to change coverages in
accordance with plan rules and during regular open enrollment periods.
a. Full -Time Members:
The City's contribution towards the Cafeteria Plan is $1,645
(plus the minimum CalPERS participating employer's
contribution). Full time NBLMA members who do not want to
enroll in any medical planoffered by the City must provide proof
of minimum essential coverage ("MEC") through another source
(other than coverage in the individual market, whether or not
obtained through Covered. California) and execute an opt -out
agreement releasing the City from any responsibility or liability to
provide medical insurance coverage on an annual basis.
Employees hired prior to September 28, 2019 who elect to opt
out of medicalcoverage offered by the City because they have
provided proof of minimum essential coverage ("MEC") through
another source (other than coverage in the individual market,
whether or not obtained through Covered California) will receive
$1,000 per month in taxable cash. For these same employees,
if they elect medical coverage and spend less than the City
11
NBLMA MOU 2022-2025
contribution provided above, those unused cafeteria plan funds
shall be paid to the employee as taxable cash.
Employees hired on or after September 28, 2019 who elect to
opt out of medical coverage offered by the City because they
have provided proof of minimum essential coverage ("MEC")
through another source (other than coverage in the individual
market, whether or not obtained through Covered California)
shall receive $500 per month in taxable cash. For these same
employees, if they elect medical coverage and spend less than
the City contribution provided above, there shall be no cash
back provided.
If, prior to December 31, 2025, a court of competent jurisdiction
or formal legal opinion determines that the City's cafeteria
benefit plan is a bona fide plan such that the City's contributions
towards medical premiums will not be included in the
employee's regular rate of pay under the Fair Labor Standards
Act, the City will increase the monthly contribution towards the
Cafeteria Plan by a total of $200 over the remaining term of the
agreement. The $200 will be prorated annually over the
remaining term of the agreement, beginning with the first day of
the month following the day it becomes bona fide. Example: If
the cafeteria benefit plan becomes bona fide at the beginning of
the third year of the agreement, the City will increase the
monthly contribution by $100 per month in January of Year 3
and by an additional $100 per month (total $200) in January of
Year 4. If the cafeteria benefit plan becomes bona fide at the
beginning of the second year of the agreement, the $200 will be
spread evenly over the remaining three years of the agreement,
or at $67 per month in Year 2, another $67 per month in Year 3
and another $67 per month in Year 4. If the City's cafeteria
benefit plan is not determined to be a bona fide plan as outlined
above by a court of competent jurisdiction or formal legal
opinion prior to December 31, 2025, this paragraph will become
ineffective and the City's obligation to increase the cafeteria
contribution by $200 will cease on December 31, 2025.
12
NBLMA MOU 2022-2025
b. Part -Time Members:
Part-time NBLMA members receive a monthly cafeteria benefit of
$601. For part-time employees enrolled in medical plans, the
cafeteria amount is inclusive of the PERSdesignated minimum
medical insurance contribution.
For employees who do not enroll in a medical plan there shall
be no optout cafeteria benefit. Part-time time NBLMA members
who do not want to enroll in any medical plan offered by the City
must provide proof of minimum essential coverage ("MEC")
through another source (other than coverage in the individual
market, whether or not obtained through Covered California).
3. Dentallnsuran
The existing or comparable dental plans shall be maintained as part of
theCity's health plan offerings for full-time employees as agreed upon
by the Benefits Information Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part
of the City's health plan offerings as agreed upon by the Benefits
Information Committee for full-time employees.
B. Additional Health Insurance Programs
1. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee to
reduce taxable income for payment of allowable expenses such as
childcare and medical expenses. The City shall maintain a
"reimbursable account program" in accordance with the provisions of
Section 125 of the Internal Revenue Code, pursuant to which a full-time
Association membermay request that medical, childcare, and other
eligible expenses be paid or reimbursed by the City out of the
employee's account. The base salary of the employee will be reduced
by the amount designated by the employee for reimbursable expenses.
2. Disability Insurance
The City shall provide Short -Term (STD) and Long -Term (LTD)
disability insurance to regular full-time employees with the following
provisions:
13
NBLMA MOU 2022-2025
Short -Term Disability
Long -Term Disability
Benefit Amount 66.67% of covered
66.67% of covered
Maximum Benefit $1,846 weekly
$15,000 monthly
Waiting Period 30 calendar days
180 calendar days
Employees shall not be required to exhaust accrued paid leaves prior to
receiving benefits under the disability insurance program. Employees
may not supplement the disability benefit with paid leave once the
waiting period has been exhausted.
Employees shall pay one percent (1 %) of base salary as a post -tax
deduction for this benefit. Effective the first premium payment after the
City Council adoption of the 2022-2025 MOU, the City will no longer
require unit members to pay one percent (1%) of base salary for this
benefit.
3. Life Insurance
The City shall provide life insurance for full-time employees in $1,000
increments equal to one times the employee's annual salary up to a
maximum of $50,000. At age 70 the City -paid life insurance is
reduced by 50% of the pre -70 amount (i.e., a maximum of $25,000).
This amount remains in effect until the employee retires from City
employment. Employees may also purchase supplemental life
insurance at their own cost.
C. Employee Assistance Program
The City shall provide an Employee Assistance Program (EAP) for Association
members through a properly licensed provider. Association members and their
family members may access the EAP subject to provider guidelines.
D. The Retirement Benefit
1. Retirement Benefit Formula
The City contracts with PERS to provide retirement benefits for its
employees. Pursuant to prior agreements and state mandated reform,
the City has implemented first, second and third tier retirement benefits:
Tier 1: For employees enrolled by the City of Newport Beach as Safety
14
NBLMA MOU 2022-2025
members on or before November 23, 2012, the retirement formula shall
be 3%@50 calculated on the basis of the single highest year.
Tier 2: For classic member (as defined in the Public Employees' Pension
Reform Act) employees enrolled in CalPERS by the City of Newport
Beach as Safety members on or after November 24, 2012, the retirement
formula is 2%@50. For these same employees, final compensation will
be based on the highest annual average compensation earnable during
the three consecutive years of employment immediately preceding the
effective date of their retirement or any other three consecutive year
period chosen by the employee as set forth in Government Code section
20037.
Tier 3: For employees enrolled by the City of Newport Beach as Safety
members on or after January 1, 2013 who are new members as defined
in the Public Employees' Pension Reform Act), the retirement formula
shall be 2.7%@57 provided for by the Public Employees' Retirement Law
at Government Code section 7522.25(d).
For these same employees, final compensation will be based on the
highest annual average compensation earnable during the three
consecutive years of employment immediately preceding the effective
date of their retirement or any other three consecutive year period
chosen by the employee as set forth in Government Code section
7522.32(a).
The City's contract with PERS also provides for:
a. The military buy-back provision pursuant to Section
20930.3 of the California Government Code and the
highest year benefit pursuant to Section 20042.
b. The Level 4 1959 Survivor Benefits
C. The pre -retirement option settlement 2 death benefit
(Section 21548)
2. Employee Contributions
Tier 1 and 2 Employees: All unit members in Tiers 1 and 2 will pay the full
9% "safety member" contribution of PERS reportable earnings. This
payment will be made on a pre-tax basis through payroll deduction pursuant
to IRS Code Section 414(h)(2). This contribution will not be considered as
15
NBLMA MOU 2022-2025
part of employee's "compensation earnable" under Government Code
section 20636.
Unit members will, in addition to the 9% normal member contribution,
contribute 4.6% of pensionable compensation toward retirement costs as
permitted under Government Code §20516(f), for a total contribution of
13.6%.
Tier 3 Employees: The minimum statutory employee contribution for
employees in Tier 3 is subject to the provisions of the Public Employees'
Pension Reform Act (PEPRA) and equals 50% of the "total normal cost" as
determined by PERS. The employee Safety rate is subject to change based
on annual PERS actuarial valuations.
In addition to the statutorily required 50% contribution of total normal costs,
Tier III employees shall contribute an additional percentage of pensionable
compensation toward retirement costs pursuant to Government Code §
20516((), for a total contribution of 13.6%. If future fiscal year member
contribution rates for employees in Tier III change, the additional
contribution made by the employee under 20516(f) will be increased or
decreased accordingly so that the total employee contribution equals
13.6%, provided however, that the employee contribution shall never fall
below the statutory required contribution.
In the event PERS pension provisions for new or existing employees are
modified by State or Federal legislation resulting in changes to previously
negotiated terms, the parties agree to meet and confer to discuss
appropriate changes to the MOU.
E. Retiree Health Benefits Program (Full -Time Classifications Only)
1. Background
In 2005, the City and all Employee Associations agreed to replace the
previous "defined benefit" retiree medical program with a new "defined
contribution" program. The process of fully converting to the new program
will be ongoing for an extended period. During the transition, employees
and (then) existing retirees have been administratively classified into one of
three categories. The benefit is structured differently for each of the
categories. The categories are as follows:
16
NBLMA MOU 2022-2025
a. Category 1 - Employees newly hired after January 1, 2006.
b. Category 2 - Active employees hired prior to January 1, 2006,
whose age plus years of service as of January 1, 2006 was less
than 50 (46 for public safety employees).
c. Category 3 - Active employees hired prior to January 1, 2006,
whose age plus years of service was 50 or greater (46 for public
safety employees) as of January 1, 2006.
2. Program Structure
This is an Integral Part Trust (IPT) Retiree Health Savings (RHS) Plan
(formerly the Medical Expense Reimbursement Program "MERP'? and
applies only to regular full-time NBLMA employees.
a. For employees in Category 1, the program is structured as follows:
Each employee will have an individual RHS account for
bookkeeping purposes, called "Employee Account." This account
will accumulate contributions to be used for health care expenses
after separation. All contributions to the plan are either mandatory
employee contributions or City paid employer contributions, so they
are not taxable to employees at the time of deposit. Earnings from
investment of funds in the account are not taxable when posted to
the account. Benefit payments are not taxable when withdrawn,
because the plan requires that all distributions be spent for
specified health care purposes.
Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1% of
salary.
Part B contributions (employer contributions): $2.50 per month for
each year of service plus year of age (updated every January 1st
based on status as of December 31st of the prior year).
Part C contributions (leave settlement as determined by
Association):
17
NBLMA MOU 2022-2025
The Association will determine the level of contribution for all
employees it represents, subject to the following constraints. All
employees within the Association must participate at the same
level. The participation level should be specified as a percentage
of the leave balance on hand in each employee's leave bank at the
time of separation from the City.
For example, if the Association wishes to specify 50% of the leave
balance as the participation level, then each member leaving the
City or cashing out leave at any other time, would have the cash
equivalent of 50% of the amount that is cashed out added to the
RHS, on a pre-tax basis. The remaining 50% would be paid in cash
as taxable income. Individual employees would not have the option
to deviate from this breakout.
The Association has decided to participate in Part C contribution,
at the level of zero percent (0%). This amount may be changed, on
a going forward basis, as part of the future meet and confer
process. However, the participation level must be the same for all
employees within the Association. Additionally, the purpose and
focus of these changes should be toward long-term, trend type
adjustments. Due to IRS restrictions regarding "constructive
receipt," the City will impose restrictions against frequent spikes or
drops that appear to be tailored toward satisfying the desires of a
group of imminent retirees.
Spillover pay is not eligible for Part C contributions.
Nothing in this section restricts taking leave for time off purposes.
Part A contributions may be included in PERS compensation. Part
Band Part C contributions will not be included in PERS
compensation.
Part A contributions begin upon enrolment in the program and are
credited to each RHS Employee Account each pay period.
Eligibility for Part B contributions is set at five years of vested City
employment (i.e., five years at full time status). At that time, the City
will credit the first five years' worth of Part B contributions into the
Employee Account (interest does not accrue during that period).
18
NBLMA MOU 2022-2025
Thereafter, contributions are made bi-weekly. Part C deposits, if
any, will be made at the time of employment separation.
Each Employee has a right to reimbursement of medical expenses
(as defined below) from the Plan until the Employee Account
balance is zero. This right is triggered upon separation. If an
employee leaves the City prior to five years employment, only the
Part A contributions and Part C leave settlement contributions, if
any, will be in the RHS Employee Account. Such an employee will
not be entitled to any Part B contributions. The exception to this is
a full-time employee, participating in the program, who leaves the
City due to industrial disability during the first five years of
employment. In such cases, the employee will receive exactly five
years' worth of Part B contributions, using the employee's age and
compensation at the time of separation for calculation purposes.
This amount will be deposited into the employee's RHS account at
the time of separation.
Distributions from RHS Employee Accounts are restricted to use
for health insurance and medical care expenses after separation,
as defined by the Internal Revenue Code Section 213(d) (as
explained in IRS Publication 502) and specified in the Plan
Document. In accordance with current IRS regulations and
practices, this generally includes premiums for medical insurance,
dental insurance, vision insurance, supplemental medical
insurance, long term care insurance, and miscellaneous medical
expenses not covered by insurance for the employee and their
spouse and legal dependents - again only as permitted by IRS
Publication 502. Qualification for dependency status will be
determined by guidelines in IRC 152. If used for these purposes,
distributions from the RHS accounts will not be taxable. Cash
withdrawal for any other purpose is prohibited. Under recent IRS
Revenue Ruling 2005-24, any balance remaining in the Employee
Account after the death of the employee and their spouse and/or
other authorized dependents (if any) must be forfeited. That
particular RHS Employee Account will be closed, and any
remaining funds will become general assets of the plan.
The parties agree that the City's Part B contributions during active
employment constitute the minimum CalPERS participating
employer's contribution (i.e., the CalPERS statutory minimum
19
NBLMA MOU 2022-2025
amount) towards medical insurance after retirement. The parties
also agree that, for retirees selecting a CalPERS medical plan, or
any other plan with a similar employer contribution requirement, the
required City contribution will be withdrawn from the retiree's RHS
account.
b. For employees in Category 2, the program is the same as for those
in Category 1, with the following exception:
In addition to the new plan contributions listed above, current
employees who fully convert to the new plan will also receive a one-
time City contribution to their individual RHS accounts that equates
to $100 per month for every month they contributed to the previous
"defined benefit" plan, to a maximum of 15 years (180 months).
This contribution will be made only if the employee retires from the
City and at the time of retirement. No interest will be earned in the
interim.
Employees in Category 2 who had less than five years' service with
the City prior to implementation of the new program will only receive
Part B contributions back to January 1, 2006, when they reach five
years total service.
c. For employees in Category 3, the program is the same as for those
in Category 2, with the following exception:
For employees in this category, the City will make no Part B
contributions while the employees are still in the active work force.
Instead, the City will contribute $400 per month into each of their
RHS accounts after they retire from the City, to continue as long as
the employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for
the duration of their employment to partially offset part of this
expense to the City. The maximum benefit provided by the City
after retirement is $4,800 per year, accruing at the rate of $400 per
month. There is no cash out option for these funds, and they may
not be spent in advance of receipt.
Employees in this category will also receive an additional one-time
City contribution of $75 per month for every month they contributed
20
NBLIVIA MOU 2022-2025
to the previous plan prior to January 1, 2006, up to a maximum of
15 years (180 months). This contribution will be made to the RHS
account at the time of retirement, and only if the employee retires
from the City. No interest will be earned in the interim.
3. Administration
Vendors have been selected by the City to administer the program. The
contract expense for program -wide administration by the vendor will be paid
by the City. However, specific vendor charges for individual account
transactions that vary according to the investment actions taken by each
employee, such as fees or commissions for trades, will be paid by each
employee.
The City's Deferred Compensation Committee, or its successor committee,
will have the authority to determine investment options that will be available
through the plan.
F. Tuition Reimbursement
Full-time and part-time NBLMA members attending accredited community
colleges, colleges or universities may apply for reimbursement of one hundred
percent (100%) of the actual cost of tuition, books, fees, or other student
expenses for approved job-related courses. Reimbursement is contingent
upon the successful completion of the course. Successful completion
means a grade of "C" or better for undergraduate courses and a grade of
"B" or better for graduate courses. All claims for tuition reimbursement require
the approval of the Human Resources Director.
NBLMA members attending pre -approved, directly job-related classes,
courses and seminars given by recognized agencies, organizations, or
individuals other than accredited college institutions may apply for
reimbursement of actual cost of tuition, books, fees, or other student
expenses. Reimbursement is contingent upon the successful completion of
the course. Successful completion means a document or certificate showing
successful completion of the course or seminar. All claims for reimbursement
require the approval of Fire Chief or designee before submittal to Human
Resources.
Maximum tuition reimbursement for full-time employees shall be $1,500 per
fiscal year and the maximum reimbursement for part-time employees shall be
$1,125 per fiscal year.
21
NBLMA MOU 2022-2025
SECTION 5. MISCELLANEOUS PROVISIONS
A. Reductions in Force/Layoffs
The provisions of this section shall apply to full-time and part-time members when
the City Manager determines that a reduction in the work force is warranted
because of actual or anticipated reductions in revenue, reorganization of the work
force, a reduction in municipal services, a reduction in the demand for service or
other reasons unrelated to the performance of duties by any specific employee.
Reductions in force are to be accomplished, to the extent feasible, based on
seniority within a particular Classification or Series and this Section should be
interpreted accordingly.
1. Definitions
a. "Layoffs" or "Laid Off' shall mean the non -disciplinary termination of
employment.
b. "Seniority" shall mean the time an employee has worked in a
Classification or Series calculated from the date on which the
employee was first granted regular status in their current Classification
or any Classification within the Series, subject to the following:
i. Credit shall be given only for continuous service (as described in
the next paragraph) subsequent to the most recent appointment
to regular status in the Classification or Series.
ii. Seniority shall include time spent on industrial leave, military
leave and leave of absence with pay, but shall not include time
spent on any other authorized or unauthorized leave of absence.
c. "Classification" shall mean one or more full-time positions identical or
similar in duties and embraced by a single job title authorized in the
City budget and shall not include part-time, seasonal, or temporary
positions. Classifications within a Series shall be ranked according to
pay (lowest ranking, lowest pay).
d. In this bargaining unit, there is one Series made up of three
classifications represented by the Association — Lifeguard Officer,
Lifeguard Captain and Lifeguard Battalion Chief.
e. "Bumping Rights", "Bumping" or "bump" shall mean the right of an
employee, based upon seniority within a series, to displace a less
senior employee in a lower Classification within the Series.
22
NBLMA MOU 2022-2025
2. Procedure
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are applicable:
a. Employees within a Classification shall be laid off in inverse order of
seniority.
b. An employee subject to layoff in one Classification shall have the right
to Bump a less senior employee in a lower ranking Classification within
a Series within the bargaining unit, provided, however, that the
determination of the employee to be terminated from the position shall
be based on seniority within the Series. An employee who has
Bumping Rights shall notify the Department Director within seven (7)
working days after the notice of layoff of their intention to exercise
Bumping Rights.
c. In the event two or more employees in the same Classification are
subject to layoff and have the same seniority, the employees shall be
laid off in inverse order of their position on the eligibility list or lists from
which they were appointed. In the event at least one of the employees
was not appointed from an eligibility list, the Department Director shall
determine the employee(s) to be laid off.
3. Notice
Employees subject to layoff shall be given at least thirty (30) days advance
notice of the layoff of thirty (30) days' pay in lieu of notice. In addition,
employees laid off will be paid for all accumulated paid leave, holiday leave (if
any).
4. Re -Employment
Regular and probationary employees who are laid off shall be placed on a
Department re-employment list in reverse order of layoff. The re-employment
list shall remain in effect until exhausted by removal of all names on the list. In
the event a vacant position occurs in the Classification which the employee
occupied at the time of layoff, or a lower ranking Classification within a Series,
the employee at the top of the Department re-employment list shall have the
right to appointment to the position, provided, he or she reports to work within
23
NBLMA MOU 2022-2025
seven (7) days of written notice of appointment. Notice shall be deemed given
when personally delivered to the employee or deposited in the U.S. Mail,
certified, return receipt requested, and addressed to the employee at their last
known address. Any employee shall have the right to refuse to be placed on
the re-employment list or the right to remove their name from the re-
employment list by sending written confirmation to the Human Resources
Director.
5. Severance Pav
Regular employees who are laid off shall, as of the date of layoff, receive one
week severance pay for each year of continuous service with the City of
Newport Beach, to a maximum of ten (10) weeks of severance pay.
B. Discipline
Any discipline shall be in accordance with the Department SOP and the Employee
Policy Manual.
C. Health and Fitness Evaluations
All NBLMA members shall participate in the Department Fitness Program.
D. Provision for Sun Protection
1. The first full pay period of each fiscal year the City will provide $500 to each
full-time unit member and $300 to each part-time unit member for sunglasses
and other sun protection materials (not restricted to use at Lifeguard Store).
2. Each unit employee shall receive an annual skin cancer screening, which will
be conducted either on or off duty at the Department's discretion. Employees
directed to receive this screening off duty shall receive one (1) hour of
compensatory time off as compensation.
E. Fitness Equipment and Exercise Time
The City will provide up to $3,000 per year towards the purchase of fitness equipment
to be used on duty for the intended benefit of NBLMA. The actual equipment to be
purchased shall be recommended by NBLMA, and shall require the final approval of
the Fire Chief. Unit employees shall be allowed up to three (3) hours per week for on
duty physical fitness training.
24
NBLMA MOU 2022-2025
F. Employee Policy Manual
The City and NBLMA have agreed on implementation of the City's revised 2010
Employee Policy Manual. Should additional revisions to the Manual be proposed, the
City will meet and confer on applicable policy manual provisions which are within the
scope of bargaining.
G. Direct Deposit
All Unit employees shall participate in the City's Direct Deposit Program.
Signatures on the following page
25
NBLMA MOU 2022-2025
Executed this 10 day of M A"( , 2022:
NEWPORT BEACH LIFEGUARD MANAGEMENT
ASSOCIATION
By:
Gary Cod Wfi, President
Signed in Counterpart
Elizabeth Tourgeman, Counsel for NBLMA
CITY 7:NEWRT CH
By:
Kevin on ayor
APPROVED AS TO FORM
la
Charles Sakai, Special Counsel for City of Newport Beach
ATTEST:
►.►. i,,.Leilini gPown, City Clerk
• ► G1i►
26
NBLMA MOU 2022-2025
Executed this _d'ay of _
2022:
NEWPORT BEACH LIFEGUARD MANAGEMENT
ASSOCIATION
By:
Gary Conwell, President
Y• -
,,,-- pabeth 0urgen t , sei for NBLMA
CITY OF NEWPORT BEACH
Kevin Muldoon, Mayor
APPROVED AS TO FORM
Charles Sakai, Special Counsel for City of Newport Beach
ATTEST:
By:
Leilani Brown, City Clerk
26
NBLMA MOU 2022-2025
EXHIBIT A
NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
MOU Term: January 1, 2022 - December 31, 2025
2.0% Cost of Living Adjustment
Effective January 15, 2022
Represented Positions
Grade
Step
Hourly Rate
Annual Salary
Lifeguard Officer (part-time)
01
1
$
27.94
$
58,109
2
$
29.33
$
61,014
3
$
30.80
$
64,054
4
$
32.34
$
67,272
5
$
33.95
$
70,624
6
$
35.65
$
74,156
7
$
37.44
$
77,865
8
$
39.32
$
81,777
Lifeguard Captain, Training
03
1
$
40.34
$
83,900
2
$
42.36
$
88,102
3
$
44.47
$
92,504
4
$
46.69
$
97,108
5
$
49.03
$
101,981
6
$
51.47
$
107,054
7
$
54.07
$
112,462
8
$
56.77
$
118,072
Lifeguard Captain
11
1
$
37.53
$
78,067
2
$
39.40
$
81,956
3
$
41.38
$
86,068
4
$
43.44
$
90,359
5
$
45.63
$
94,918
6
$
47.93
$
99,701
7
$
50.33
$
104,685
8
$
52.85
$
109,937
Lifeguard Battalion Chief
16
1
$
47.27
$
98,315
2
$
49.61
$
103,187
3
$
52.09
$
108,350
4
$
54.68
$
113,736
5
$
57.43
$
119,458
6
$
60.27
$
125,358
7
$
63.29
$
131,638
8
$
66.45
$
138,209
Hourly pay rates are rounded to the nearest hundredth.
Annual salary is rounded to the nearest whole dollar. 27
NBLMA MOU 2022-2025
NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
MOU Term: January 1, 2022 - December 31, 2025
2.0% Cost of Living Adjustment
Effective January 14, 2023
Represented Positions
Grade
Step
Hourly Rate
Annual Salary
Lifeguard Officer (part-time)
01
1
$
28.50
$
59,271
2
$
29.92
$
62,234
3
$
31.41
$
65,335
4
$
32.99
$
68,617
5
$
34.63
$
72,037
6
$
36.36
$
75,639
7
$
38.18
$
79,423
8
$
40.10
$
83,412
Lifeguard Captain, Training
03
1
$
41.14
$
85,578
2
$
43.20
$
89,864
3
$
45.36
$
94,355
4
$
47.62
$
99,050
5
$
50.01
$
104,020
6
$
52.50
$
109,195
7
$
55.15
$
114,712
8
$
57.90
$
120,434
Lifeguard Captain
11
1
$
38.28
$
79,628
2
$
40.19
$
83,595
3
$
42.21
$
87,789
4
$
44.31
$
92,166
5
$
46.55
$
96,816
6
$
48.89
$
101,695
7
$
51.34
$
106,778
8
$
53.91
$
112,136
Lifeguard Battalion Chief
16
1
$
48.21
$
100,281
2
$
50.60
$
105,251
3
$
53.13
$
110,517
4
$
55.77
$
116,011
5
$
58.58
$
121,847
6
$
61.47
$
127,865
7
$
64.55
$
134,271
8
$
67.78
$
140,973
Hourly pay rates are rounded to the nearest hundredth.
Annual salary is rounded to the nearest whole dollar. 28
NBLMA MOU 2022-2025
NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
MOU Term: January 1, 2022 - December 31, 2025
2.0% Cost of Living Adjustment
Effective January 13, 2024
Represented Positions
Grade
Step
Hourly Rate
Annual Salary
Lifeguard Officer (part-time)
01
1
$
29.07
$
60,456
2
$
30.52
$
63,479
3
$
32.04
$
66,641
4
$
33.65
$
69,990
5
$
35.33
$
73,478
6
$
37.09
$
77,152
7
$
38.95
$
81,011
8
$
40.90
$
85,080
Lifeguard Captain, Training
03
1
$
41.97
$
87,289
2
$
44.07
$
91,661
3
$
46.27
$
96,242
4
$
48.57
$
101,031
5
$
51.01
$
106,101
6
$
53.55
$
111,379
7
$
56.25
$
117,006
8
$
59.06
$
122,842
Lifeguard Captain
11
1
$
39.05
$
81,221
2
$
40.99
$
85,266
3
$
43.05
$
89,545
4
$
45.20
$
94,009
5
$
47.48
$
98,753
6
$
49.87
$
103,729
7
$
52.36
$
108,914
8
$
54.99
$
114,378
Lifeguard Battalion Chief
16
1
$
49.18
$
102,287
2
$
51.61
$
107,356
3
$
54.20
$
112,727
4
$
56.89
$
118,331
5
$
59.75
$
124,284
6
$
62.70
$
130,423
7
$
65.84
$
136,957
8
$
69.13
$
143,792
Hourly pay rates are rounded to the nearest hundredth.
Annual salary is rounded to the nearest whole dollar. 29
NBLMA MOU 2022-2025
NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
MOU Term: January 1, 2022 - December 31, 2025
2.0% Cost of Living Adjustment
Effective January 11, 2025
Represented Positions
Grade
Step
Hourly Rate
Annual Salary
Lifeguard Officer (part-time)
01
1
$
29.65
$
61,665
2
$
31.13
$
64,749
3
$
32.68
$
67,974
4
$
34.32
$
71,390
5
$
36.03
$
74,947
6
$
37.83
$
78,694
7
$
39.73
$
82,632
8
$
41.72
$
86,782
Lifeguard Captain, Training
03
1
$
42.81
$
89,035
2
$
44.95
$
93,494
3
$
47.20
$
98,166
4
$
49.54
$
103,052
5
$
52.03
$
108,223
6
$
54.62
$
113,607
7
$
57.38
$
119,346
8
$
60.24
$
125,299
Lifeguard Captain
11
1
$
39.83
$
82,845
2
$
41.81
$
86,972
3
$
43.91
$
91,335
4
$
46.10
$
95,889
5
$
48.43
$
100,728
6
$
50.87
$
105,803
7
$
53.41
$
111,092
8
$
56.09
$
116,666
Lifeguard Battalion Chief
16
1
$
50.16
$
104,333
2
$
52.65
$
109,503
3
$
55.28
$
114,982
4
$
58.03
$
120,698
5
$
60.95
$
126,769
6
$
63.96
$
133,031
7
$
67.16
$
139,696
8
$
70.51
$
146,668
Hourly pay rates are rounded to the nearest hundredth.
Annual salary is rounded to the nearest whole dollar. 30
NBLMA MOU 2022-2025
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. 2022-28 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 10th day of May, 2022; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Kevin Muldoon, Council Member Brad Avery, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Duffy Duffield, Council Member
Will O'Neill
ABSENT: Mayor Pro Tem Noah Blom
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 1111 day of May, 2022.
nLeilani I. Brown
City Clerk
Newport Beach, California
t IT0ik�