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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 CFO i2 NNi 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 ,/, U i '%r_p0RNN�