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Home My WebLink About2011-60 - Supplemental MOU - Lifeguard Management AssociationRESOLUTION NO. 2011 -60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION WHEREAS, the City Council of the City of Newport Beach previously adopted Resolution No. 2001 -50, the "Employer- Employee Relations Resolution ", to promote improved relations and communication between the City of Newport Beach and its employee associations; and WHEREAS, the City of Newport Beach previously entered into a Memorandum of Understanding with the Newport Beach Lifeguard Management Association for the period of January 1, 2009, through December 31, 2011; and WHEREAS, representatives from the City of Newport Beach and representatives from the Newport Beach Lifeguard Management Association have met and conferred in good faith and agreed to modify the current Memorandum of Understanding; and WHEREAS, the City Council of the City of Newport Beach desires to supplement the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Lifeguard Management Association by adopting the Supplemental Memorandum of Understanding. NOW, THEREFORE, the City Council of the City of Newport Beach does RESOLVE as follows: Section 1. The term of the Supplemental Memorandum of Understanding (Exhibit A) will be for six (6) months, commencing July 1, 2011 through December 31, 2011. Section 2. Changes to wages and benefits shall be modified pursuant to the provisions of the Supplemental Memorandum of Understanding. Section 3. All other terms of the current Memorandum of Understanding between the City of Newport Beach and the Newport Beach Lifeguard Management Association shall remain unchanged. Adopted this 281h day of June 2011. Mayor of the City of Newport Beach ATTEST: City Clerk \ SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION This SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "Supplemental MOU ") is entered into modifying the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Lifeguard Management Association for the period of January 1, 2009 through December 31, 2011 (hereinafter WOU "). Upon signing of this Supplemental MOU, the MOU is modified to incorporate the changes memorialized herein. No other changes are effectuated by the parties. Except as expressly stated in this Supplemental MOU all terms and conditions of the MOU remain in full force and effect. The changes referenced in this Supplemental MOU shall take effect on July 1, 2011 and shall remain in effect for the balance of the term of the MOU. SECTION 4. - FRINGE BENEFITS A. Insurance — Amended to read: 2. Citv Contribution The City has implemented an IRS qualified Cafeteria Plan. NBLMA members shall participate in this 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 insurance /programs. The City and the Newport Beach Lifeguard Management Association 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. Effective the pay period beginning December 20, 2008, the City's contribution towards the Cafeteria Plan increases to $974 (plus the minimum CalPERS participating employer's contribution). Effective the pay period beginning December 19, 2009, the City's contribution towards the Cafeteria Plan will increase to $1049 (plus the minimum CalPERS participating employer's contribution). Effective July 2, 2091, the City's contribution towards the Cafeteria Plan will increase to $1149 per month (plus the minimum CaIPERS Supplemental Memorandum Page 1 of July 1, 2011 through of Understanding December 31, 2011 participating employer's contribution). LMA members who do not want to enroll in any medical plan offered by the City must provide evidence of group medical insurance coverage, and execute an opt -out agreement releasing the City from any responsibility or liability to provide medical insurance coverage on an annual basis. D. The Retirement Benefit- Amended to read: 1. Pursuant to Section 20691 of the California Government Code, the City shall pay to PERS, on behalf of all employees covered by this agreement and hired before May 25, 2010, the entire required normal "safety member" retirement contribution, but not to exceed 9% of the compensation earnable which PERS uses to calculate retirement contributions and benefits. For employees hired after May 25, 2010 the City will pay 3.5% of the member contribution. Such employees will be eligible to receive the 9% the beginning of their 6th year of uninterrupted service. In addition, the amount of this payment shall be reported to PERS as special compensation, which is part of the employee's compensation earnable, pursuant to the provisions of Section 20636 (c)(4) of the California Government Code, as amended effective July 1, 1994. This payment shall be credited to the employee's accounts maintained by PERS in accordance with Section 20691 of the California Government Code. NBLMA acknowledges that the City is making this payment pursuant to a specific request of NBLMA to do so, that the City has made significant financial commitments to NBLMA in this MOU in consideration of the members' agreement to relinquish their previously held "irrevocable right" to pay their own PERS contribution and receive a corresponding salary increase, and that the significant financial concessions to NBLMA (which included Leave Premium Pay Accounts, changes in the calculation of "hours worked" for purposes of overtime and internal salary adjustments) were made to avoid the potential for increased overtime compensation approximating $450,000 if all NBLMA members exercise their irrevocable right to make their own PERS contribution and receive a corresponding salary increase. 2. Effective July 2, 2011, the City will no longer pay or report any portion of the normal "safety member" contribution" and the value of the "employer paid member contribution" (EPIVIC) will be eliminated. All unit members will pay the full 9% "safety member" contribution of CaIPERS 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 part of employee's "compensation earnable" under Government Code Supplemental Memorandum Page 2 of 4 July 1, 2011 through of Understanding December 31, 2011 section 20636. 3. The City's contract with PERS also Proses fG provides the following: a. A 3% @ 50 retirement formula pursuant to the provisions of Section 21362.2 of the California Government Code. b. The military buy -back provisions pursuant to Section 21024 of the California Government Code and the highest year benefit pursuant to Section 20042. C. The Level 4 1959 Survivor Benefit. d. The Pre - Retirement Option Settlement 2 Death Benefit (Section 21548). e. Effective as soon as practicable after adoption of this Supplemental Memorandum of Understanding, but no sooner than July 1, 2011, the City will contract with CalPERS to implement the 2 % @50 retirement formula for all newly hired employees. The 2 % @50 retirement formula "final compensation" shall be defined as set out in Government Code section 20037 and calculated based upon the average of the 36 highest paid consecutive months. The parties witness their agreement to the above by affixing their signatures below. Executed this day of June, 2011: Signatures on the following page. Supplemental Memorandum Page 3 of 4 July 1, 2011 through of Understanding December 31, 2011 - - - m Ale - •' -„ The parties witness their agreement to the above by affixing their signatures below. Executed this day of June, 2011: Signatures on the following page. Supplemental Memorandum Page 3 of 4 July 1, 2011 through of Understanding December 31, 2011 APPROVED AS TO FORM: By David R. Hunt, City Attorney ATTEST: VA Leilani Brown, City Clerk Newport Beach Lifeguard Management Association 81 Brent Jacobsen, President City of Newport Beach 2 Michael F. Henn, Mayor Supplemental Memorandum Page 4 of 4 July 1, 2011 through of Understanding December 31, 2011 BUILDING AND FIRE BOARD OF APPEALS AUTHORIZATION: Established by Uniform Building Code, Vol. 1, Chapter 2, by Ordinance No. 1604; amended by Ordinance No. 82 -22, adopted October 12, 1982; and responsibilities amended by Resolution No. 86 -84 on September 22, 1986; amended by Ordinance No. 97 -31 on August 11, 1997; amended by Ordinance No. 2006 -11 on May 9, 2006; amended by Ordinance No. 2011 -14 on July 12, 2011. MEMBERSHIP: Seven (7) members appointed by the City Council. TERM: Each member shall serve a term of four (4) years and such terms shall be on a staggered basis, pursuant to Ordinance No. 2011 -14. PURPOSE & RESPONSIBILITIES: A. Determine the suitability of alternate materials and methods of construction; B. Provide for reasonable interpretations of the provisions of the Building and Fire Codes and any other matter specified in the Newport Beach Municipal Code; C. To hear written appeals brought by any person regarding the Building Official's or the Fire Marshal's orders, decisions or determinations; D. Five (5) members of the Building and Fire Board of Appeals shall act as the Rehabilitation Commission and conduct hearings on abatement of substandard buildings in accordance with Chapter 15.28 of the Newport Beach Municipal Code. The Secretary to the Building and Fire Board of Appeals shall select the five (5) Rehabilitation Commissioners from the seven (7) members of the Building and Fire Board of Appeals on a rotating basis. MEETING: As called Section I - Page 2 06 -28 -2011 STAFF LIAISONS: Building Official and Fire Marshal, as appropriate. Section I - Page 2(a) 06 -28 -2011 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; that the foregoing resolution, being Resolution No. 2011 -60 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of June, 2011, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Gardner, Selich, Curry, Daigle, Mayor Henn Noes: Rosansky Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of June, 2011. ak�" City Clerk Newport Beach, California (Seal)